STACEY D. COX, Appellant-Defendant,
STATE OF INDIANA, Appellee-Plaintiff
APPEAL FROM THE HAMILTON SUPERIOR COURT. The Honorable Daniel J. Pfleging, Judge. Cause No. 29D02-1306-FA-5011.
ATTORNEY FOR APPELLANT: LAWRENCE D. NEWMAN, Newman & Newman, P.C., Noblesville, Indiana.
ATTORNEYS FOR APPELLEE: GREGORY F. ZOELLER, Attorney General of Indiana, JESSE R. DRUM, Deputy Attorney General, Indianapolis, Indiana.
NAJAM, Judge. BAILEY, J., and PYLE, J., concur.
STATEMENT OF THE CASE
Stacey D. Cox appeals her convictions for involuntary manslaughter, as a Class D felony, and operating a child care home without a license, a Class B misdemeanor. She presents two issues for our review, which we consolidate and restate as whether the State presented sufficient evidence that Cox operated a child care home under
Indiana Code Section 12-17.2-5-18.6.
FACTS AND PROCEDURAL HISTORY
In April 2009, Cox opened Stacey Cox Child Care, an unlicensed daycare operated out of her home in Carmel. Cox advertised her daycare through a website explaining that she " provide[s] child care services Monday through Friday, from 6am through 6pm." States' Ex. 31. Her website stated that Cox could handle a " maximum of 12 children," and she charged a flat $150 per week for fulltime enrollment. Id.
On September 19, 2012, the Family and Social Services Administration (" FSSA" ) received a complaint against Cox that alleged she operated a child care home with more than five unrelated children, in violation of Indiana's licensure laws. Pursuant to this complaint, Vicki Allen, a Child Care Home Licensing Consultant, visited Cox's home on October 1 and found seven children, six of whom were unrelated to Cox. At that time, Allen spoke with Cox and left an FSSA " unlicensed letter," which Cox signed, that explained the meaning of, and licensing requirements for, child care homes. Tr. at 532-33. The letter ...