DENVER (KDVR) — An unlicensed day care operator where a baby died in her care has entered a plea agreement and will not serve jail time.

Kelsey Matthews’ emotions were raw and furious that 36-year-old Amanda Anderson will avoid incarceration for the death of her 3-month-old Elle on Aug. 26, 2020.

“I stand here unable to tell you if it is harder to grieve the death of her myself, or watch my five-year-old grieve the life of her sister,” said Matthews.

Investigators say Anderson was watching 17 kids in her home, even though she wasn’t supposed to be watching any.

She had been issued four cease and desist letters from the state for operating an unlicensed day care but kept operating anyway.

Kelsey Matthews told the Problem Solvers she did her homework but had no idea Anderson had been told to cease operations.

In the summer of 2021, the governor signed the Elle Matthews Act which now posts information online about day care operators who have had their licenses revoked.

FOX31 spoke with the Colorado Department of Early Childhood, which said there are a few actions the state can take in the future. The Elle Matthews Acts enforces a $500 fine and/or 10 days in jail if a daycare operator ignores a Cease and desist order.

According to the CDEC, there are “additional enforcement fines of up to $10,000 based on the number of days an individual has been in violation of licensing law or providing false information.”

“Elle left this world to make it better, exposing Amanda for who she is and what she had been doing: endangering the lives of innocent, helpless children,” said Matthews.

The plea agreement says Anderson was ordered to pay $6,560 to the Victim Compensation Fund.