The day care operator who physically abused a ten-month-old baby in her care was able to set up the facility without the authorisation of health officials.

The Health Department was unaware that Jacquelyn Fubler had set up the Noah's Ark Day Care Centre until she applied to the Department for a licence ? after the facility was up and running.

Environmental Health officer Estlyn Harvey confirmed that the Department did not know that Fubler was running her Warwick business and failed to carry out an inspection of the premises.

Fubler is now in custody and could face up to ten years in jail after pleading guilty last week to causing grievous bodily harm to ten-month-old Stephen Ebbin in July 2001.

Mrs. Harvey, who administers and grants licenses and registration applications for day care centres, said the Health Department was not aware of Ms. Fubler's business until she contacted them for permission to care for ten children between the ages of nine months and five years.

Fubler was advised that she had to register with the Department and to also apply for a licence if she wanted to care for more than three children.

Mrs. Harvey said she was trying to get Fubler to register as a child care provider, but had never conducted an on-site inspection of Fubler's day care facility or followed up with Fubler in person following the initial call.

"We brought it to her attention that she would need a license and needed to be qualified to run a centre," said Mrs. Harvey.

The Heath Department only became aware of Fubler's business after being contacted by Police investigating allegations of abuse.

Mrs. Harvey said the Department will soon be compiling a list of registered and licensed day care centres on the Island. The list will be published in newspapers and will be sent to grocery stores and post offices.

She also pointed out that four day care centres had been shut down by the Department in the last year for failing to meet required standards.