The death of a toddler at Step by Step Daycare in Clifton is now under investigation by the Passaic County Prosecutor’s Office.

Vanessa Camila Lopez, 21 months, was in good health when dropped off at day care the morning of June 7, said family attorney Francis Leddy. The app Brightwheel for parents to see updates while their child is at day care showed Vanessa drawing, eating breakfast and playing through the day, Leddy said.

At 12:30 p.m., a photo on the app showed Vanessa taking a nap in a sleeping bag, the attorney said. Two hours later, an update said Vanessa woke up and had a wet diaper, Leddy said.

At 3:12 p.m., Vanessa's mother, Isabel Gomez, received a call from the day care saying her daughter never woke up and was unresponsive, with paramedics on the way, the lawyer said.

"Right now the family has no answers,” Leddy said. “They have posts saying that the girl woke up at 2:30 and was getting a diaper change at 2:35 and then at 3:12 being told she never woke up from her nap and is unresponsive.”

Alyssa DiSturco, a senior assistant prosecutor, confirmed that the office is “investigating the matter” and that “no charges have been filed at this time.” DiSturco had no further information available because the investigation is “open and ongoing.”

A day care employee declined to comment, also citing the investigation.

Vanessa's adult sister took screenshots of the Brightwheel updates, and later saw that the app posts from 2:30 and 2:35 p.m. saying Vanessa woke up and then had a wet diaper were deleted, according to Leddy.

The attorney has sent litigation hold letters and electronically stored information preservation letters to the day care and the app company, in order to track metadata of deleted posts.

In the meantime, Vanessa's family is left waiting for answers about what happened. 

“The doctors couldn’t give them any explanation to why she had died,” Leddy said of the family. “They’re absolutely devastated."

Katie Sobko is a reporter in the New Jersey Statehouse. For unlimited access to her work covering New Jersey’s governor and political power structure, please subscribe or activate your digital account today.