A child safety watchdog is demanding a full investigation into child day care policies following the conviction of a woman who broke the leg of an infant in her care.

A Supreme Court jury unanimously convicted babysitter Betty Jean Steede on Wednesday of breaking the leg of then five-month-old La'Naiye Simmons, in October 2006.

Last night Sheelagh Cooper, head of The Coalition for the Protection of Children, expressed dismay after revelations that Steede, 51, was authorised by the Department of Health to operate day care — despite having criminal convictions.

In 1977 she was convicted of importing heroin, and in 1981 of obstructing the Police under the Misuse of Drugs Act.

Steede denied in court the baby was injured while in her care.

But the baby's mother Laneh Simmons and other members of her family testified that her son was in good health prior to leaving him with the babysitter.

The court heard that Ms Simmons discovered the injury when she went to Steede's house and found La'Naiye distressed, exhausted and crying in pain.

Clearly, according to Mrs. Cooper, the current system in place to protect children was not working.

She said: "The recent conviction of caregiver Betty Jean Steede raises a number of issues of concern to The Coalition for the Protection of Children.

"Given that 85 percent of Bermudian children are cared for in 'out-of-the-home' facilities, it is vitally important that we do a better job of ensuring that our children are protected within those environments.

"There are a number of issues that need to be addressed in order to accomplish that; the first and most obvious is that the existing policies, procedures and legislative requirements need to be utilised and enforced.

"Those of us in the child advocacy field have lobbied long and hard for changes in this area that would ensure quality out of home care.

"However many of these changes put in place are worthless if they are not followed. It is astounding that a caregiver with such a substantial criminal record was approved to operate a registered facility.

"If these things can be overlooked one wonders what is the value of registration?

"While I am confidant that David Kendall (Chief Environmental Health Officer) will take a serious look at this failed system — this case raises an even bigger issue than policing the status quo."

Steede was only registered to care for up to three children under Department of Health rules designed to ensure youngsters get adequate care.

However, she admitted in court that she looked after up to seven children.

"Clearly, the department failed to do the required background check in this case," Mrs. Cooper added.

"Even more astounding is the fact that this registration was granted despite her admission that she was substantially over the limit in terms of the number of children in her care."

Mrs. Cooper also described the $1,000 fine violators of department rules face, as "ridiculous" and said the penalty did not serve as a deterrent, adding: "One thousand dollars? Babysitters can make that in a week... the fine should be a substantial amount."

In order to be registered as a babysitter, Steede filled out a Department of Health form authorising Police to release information about past criminal convictions.

Neither Mr. Kendall, nor his predecessor — who held the role of chief in 2006 — could explain why the Police background check did not reveal the convictions and the Bermuda Police Service declined to comment.

It is unclear whether the Police background check on Steede simply failed to show her convictions or the Department of Health never requested those details. Still, either case would be unacceptable, stated Mrs. Copper.

"How, for example, is it possible that a police background check failed to reveal a serious criminal record?

"How was this caregiver allowed to continue to care for seven children even after this violation was brought to the attention of the authorities?

"If we do not involve the authority that already exists to protect these children there is little hope that we can move forward with even more substantive improvements."

Moreover, the abuse of yet another child raises an even bigger issue as it relates to quality childcare in Bermuda, which Mrs. Copper contends derives from the high costs associated.

She also backed Government's plans to provide free, community based day care for struggling families:

"As long as almost one third of our Bermudian families are struggling financially and are unable to pay upwards of $175 to $200 weekly, per child, in licensed day care, there will always be the equivalent of underground, unauthorised, inadequate care providers who accept too many children, prop them in front of a television set and operate out of an unsafe environment.

"If we are committed to quality out of home care we have to pay for it.

"Quality care means a good ratio between children and caregivers; it means properly trained, early childhood development specialists.

"This is why the promise made by the PLP in its election platform to subsidise day care costs makes sense — good quality nursery schools and day care centres do more than just baby sit children."

She emphasised that simply cracking down on unlicensed baby sitters is not the only solution: "While it is tempting to address this problem by cracking down on unlicensed facilities, the fact remains that as long as quality day care is too expensive for families — these facilities will continue to exist.

"In the meantime, however, it is important to find out how the procedures and guidelines already in place to protect children in out of home care failed to work in this case."