The case of babysitter Betty-Jean Steede highlights the need for registered child care providers, according to Minister of Health Nelson Bascome.

La'Naiye Simmons was only five months old, when he suffered a broken leg at the hands of Steede, 51 in October 2006.

More than a year later he is still undergoing treatment.It remains unclear how the infant suffered the spiral fracture to his thigh bone which doctors said would have taken considerable force to inflict and would have left him in severe pain.

Steede, who admitted during the trial, that while she was a registered caregiver she regularly looked after seven infants, now faces jail time.

Mr. Bascome said this case, as well as his Ministry's annual advertising campaign reminding nursery operators to register with Government, highlighted the issue of non-compliance.

He said: "The Ministry's recent annual advertising campaign to remind home nursery operators that they had to register with Government, and the recently concluded court case that saw child-care provider, Betty-Jean Steede convicted of child abuse, served to highlight issues of child care providers who are not registered and who are not in compliance with the legal adult to child ratio of one adult for every three children.

"We are aware that there is widespread misinformation and or unawareness that persons must register in order to care for children in Bermuda.

"There is a misperception that registration by child care providers is voluntary when in fact, it is a legal requirement that has been in place for the last 10 years since the Children Act 1998 was passed."

The Act requires anyone looking after children to have the Ministry of Health review their past convictions and must certify that they will only look after three children.In the case of Steede, she filled out a Department of Health form authorising Police to release information about past criminal convictions in her past, even those for which a rehabilitation certificate had been issued, two weeks before the infant's leg was broken. This should have turned up her convictions for importing heroin in 1977 and obstructing the Police under the Misuse of Drugs Act in 1981.

However, Chief Environmental Health Officer David Kendell had told this newspaper after she was convicted of grievous bodily harm: "Our file does not reflect anything of that. It's before my time (in the job) but nothing on the file indicates that she has a history."

For those who are registered, the Environmental Officers will check on the care givers in unannounced visits to ensure they are complying.Since the Steede case, Mr. Bascome said, the number of rogue child providers being reported has gone up considerably.

Those who are found with more than three children will first be given a legal notice to reduce the number of children in their care.If the provider does not comply within a period of agreed time, then they will be shut down. To date, according to the Minister, six providers have been closed down and in the last two months, four have been required to register.

He said: "They are first issued with a legal notice to reduce the number of children in their care and the Ministry works with the child care provider to set a reasonable compliance period."However, while we assist the child care provider by providing them with the forms that they need to complete, we are also holding them to the legal requirement and we are setting firm deadlines for compliance."

Not only does this help ensure safety features are in place for the infants, but it also helps parents who may be looking for day care.

The Ministry of Health compiles a list of the registered care givers and how many children they have or could have in their care.Recognising that it is difficult to find day care, the Ministry can provide contact information for parents and encourage parents to contact them if they need help.Because allowing care providers only three children means the cost may go up, Mr. Bascome said that it was in the child's developmental interest and reiterated that the Government was working on free day care.

He said: "These are the foundational years for the future development of the individual. What happens in day care and nurseries today has implications for our society in the decades to come.

"The first five years of life are an irreplaceable time when the brain goes from only being 20 percent developed to being almost fully developed.

"Market rates are undercut by day care providers that are in non-compliance with the legal ratio of one to three. Parents who were proven to be unable afford the going rates will be able to apply for free child care once implemented."

Government, he added, will be recommending that only day care providers that are in compliance with the legal adult to child ratios will be eligible establishments for the processing of free child care claims.