METHUEN - When an 8-week old Sandown, N.H. child died in her care in September, state officials ordered Linda Favazza to stop running a day-care center until she got licensed.

The dead baby was one of 13 children that Favazza was caring for by herself at her home at 28 Hampshire Circle. When she tried to get a license in October, an investigator for the state Office of Early Education and Care told her she couldn't obtain one until the investigation into the infant's death was complete.

But police said Favazza didn't want to wait that long. On Thursday, state and Methuen police arrested her for defying the state "cease in desist order."

Investigator Ann Connors of the Department of Early Education and Care — the investigator who had previously reminded her that she was forbidden to run an unlicensed facility — learned that Favazza was running one again, this time caring for eight children at her sister's home at 7 Perly St., State Trooper Stephen J. O'Connor wrote in a document filed at Lawrence District Court.

Favazza, 58, of 28 Hampshire Circle, was charged with two counts of operating an unlicensed day care. If convicted of the crime, she could receive a maximum jail sentence of six months and be fined up to $1,000.

She pleaded not guilty during yesterday's arraignment in Lawrence District Court. As part of her pre-trial release, Favazza was ordered to have no further contact with unrelated children under the age of 16.

Favazza could not be reached for comment last night. A man answering the phone at her Methuen home who identified himself as her husband said she has obtained a lawyer and been advised not to comment.

Investigator Connors noticed several children under the age of 4 playing unsupervised in an unfenced front yard during a site visit to 7 Perly St., the home of Favazza's sister, Janine Crane. After interviewing the two women, Connors told them to contact all parents and have them pick up their children, Trooper O'Connor wrote in his report.

As of Thursday, there was still no determination of the cause of death of the infant who was found unresponsive in a playpen in Favazza's home on Sept. 3.

Methuen emergency medical service tried to revive the infant and transported him to Caritas Holy Family Hospital where he was pronounced dead.

Trooper O'Connor said he noticed an adult sized pillow and a comforter inside the baby's playpen. During a conversation with Favazza, she acknowledged she lacked a license to provide child day care, the trooper wrote in his report.

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