They arrested Judy Register Lucas on four felony counts saying she had more children than allowed by law in her home. Investigators say it happened on more than two consecutive days and on four separate occasions.
Lucas was taken to the Wake County Jail and held on $5000 secured bond and has been released.
The charges come after a 3-month-old girl was found not breathing at the home on Laura Duncan Road earlier this month and was taken to WakeMed Cary, where she was pronounced dead.
Lucas was licensed to watch five kids, but investigators say she was watching eight children at the time of death.
The North Carolina Department of Health and Human Services has shut down her business. It said it found more than a dozen violations of North Carolina daycare regulations. In addition to having too many kids in her care, investigators found safety and paperwork problems.
The Apex Police Department said it is awaiting a final report from the medical examiner's office for an official cause of death before concluding its investigation.