One toddler is dead, another is in critical condition after a woman said they fell into a pool

Posted at 5:10 PM, Oct 06, 2016

One toddler is dead and another toddler is in critical condition after a woman called 911 to say the pair fell into a backyard pool in Pittsfield Township.

"Both of them are not breathing?" asked the dispatcher. "Both of them are not breathing," said the caller. "Are they out of the water? They are out of the water."

The Lorain County Sheriff Department has identified the deceased one-year-old as Annie Flynn of Wellington. The other victim is also one years old. He is from the Wellington area and being treated at UH Rainbow Babies & Children's Hospital. The two are cousins.

The incident happened Wednesday morning at a home on West Road which also acts as daycare, according to the sheriff's department.

News 5 tried to talk to the homeowners but no one answered the door. The phone number associated with the address has a voicemail which says the following:

"...and Busy Kids daycare. Please leave a message, and we'll get back to you soon."

Busy Kids is not a licensed child care provider under the Ohio Department of Job and Family Services. But the agency said it may not need to be licensed depending on how many kids it serves.

"Day cares with a limited number of children attending do not need to be licensed," said Jon Keeling, director of communications, in a statement. "Usually the +/- number is six. Our staff will be inspecting the location."

The sheriff's department said there were at least two other children at the home, besides the victims, at the time of the incident. There were also two adults.

No charges have been filed.

"Part of the investigation is licensure and non-licensure of day cares and what all of the rules and laws are that surround both aspects," said Det. Dave Lottman of the Lorain County Sheriff Department.

The pool is fenced in. The department said it is unclear whether the gate to it was latched at the time.