On the evening of October 30, 2023, a two-month-old boy was found unresponsive in his family's New Market, Jefferson County, Tennessee home after his father called 911 at 6:34 PM. New Market firefighters, then EMS, attempted CPR, and the infant was transported to Jefferson Memorial Hospital where he was pronounced dead at 9:17 PM. Both parents—mother Chelsea Marsh (33) and father Nick Lay (36)—were severely impaired when first responders and law enforcement arrived, with slurred speech and difficulty staying conscious; the mother tested positive for buprenorphine, benzodiazepines, and THC, and the father admitted to the same substances. Officers found two mason jars of marijuana (3.8 oz), scales, needles, and drug paraphernalia throughout the home, including next to baby items. The mother gave three conflicting accounts, including that she fell asleep holding the baby in a recliner. There was an open Drug Exposed Child case at the time, as the infant had been born with drug withdrawal/low birth weight. Both parents were arrested and charged with aggravated child neglect and felony drug possession and later pleaded guilty. The autopsy noted healing older rib fractures and anterior lividity consistent with a face-down position, but cause and manner of death were ruled undetermined. DCS ultimately substantiated Abuse Death and Drug Exposed Child against both parents; the surviving 11-year-old half-sibling remained with maternal grandparents.
Contexts/Conditions
Is there any mention of child drug ingestion or overdose?
Is there any mention of a drowning incident (either intentional or accidental)?
Is there any mention of a firearm incident?
Is there any mention of inappropriate supervision (e.g., child wandered off and drowned)?
Both parents were severely impaired and unable to supervise the infant. The report states they "appeared to be in a state of physical wellbeing that could not provide the necessary care of an infant child," and the FAST scored Supervision as 3 because "Mother/Father was severely under the influence...when child was found deceased." The case was substantiated for neglect/lack of supervision.
Is there any mention of inflicted injury? (e.g. slapped, punched, kicked, choked)
The staffing notes "the preliminary autopsy findings showed some older rib fractures," and the final report describes "small bony calluses on the posterolateral surfaces of left ribs six and seven." Healing rib fractures in an infant are concerning for possible inflicted injury, though the cause and manner of death were ruled undetermined.
Is there any mention of malnutrition, starvation, or dehydration?
Is there any mention of medical neglect?
Is there any mention of a motor vehicle crash or incident?
Is there any mention of a murder-suicide incident?
Is there any mention of outdoor elements (including hot car deaths)?
Is there any mention of prenatal substance exposure (including fetal alcohol syndrome or neonatal abstinence syndrome)?
The screen-out referral notes the deceased child was hospitalized after birth for drug withdrawal syndrome: "Dec was @ after birth for drug withdrawal syndrome (UDS+ buprenorphine, THC, fentanyl)." The debrief also states there was an open Drug Exposed Child case "due to [child] and the mother testing positive at birth for Subutex, benzodiazepines, and THC" with fentanyl attributed to delivery medication.
Is there any mention of sexual abuse?
The FAST assessment states the father "reported he was sexually abused by his father and sister when he was a child." This references sexual abuse, but it pertains to the father's own childhood history, not the deceased infant.
Is there any specific mention of shaken baby or abusive head trauma?
Is there any mention of prolonged abuse or torture (including restraints, captivity)?
Is there any mention of an unsafe sleeping environment?
The mother reported she dozed off while holding the infant on her chest in a recliner, and the screen-out notes "mom said she fell asleep holding dec and dec slid down her arm." The debrief states "each contained items and did not appear to be in use" regarding the bassinet and crib, and "[child] typically slept in a baby swing or propped on a pillow in bed." The FAST notes the "child's bassinet was cluttered with clothing and blankets."
Individuals Involved
Was an adoptive parent or guardian involved in the death?
Was a biological father involved in the death?
The biological father (Nick Lay, 36) was present in the home, impaired, and charged. The WBIR article states "the father and mother admitted to smoking marijuana around the baby," and the fatality report lists him as an Alleged Perpetrator substantiated for Abuse Death.
Was a biological mother involved in the death?
The biological mother (Chelsea Marsh, 33) was holding the infant when he was found unresponsive and was severely impaired; she was substantiated as a perpetrator for Abuse Death. Her mother reported she said "momma I did kill my baby."
Was a day care worker, babysitter, or nanny involved in the death?
Was a female paramour or friend involved in the death (e.g., girlfriend, stepmother)?
Was a foster parent involved in the death?
Was a male paramour or friend involved in the death (e.g., boyfriend, stepfather)?
Was another adult relative involved in the death? (e.g., grandfather, aunt)
Was a sibling involved in the death?
Child Characteristics
Was the child adopted?
Was the child homeschooled (including "cyberschooling") or taken out of school?
Was the child in foster care at the time of the incident?
Was the child living with relatives at the time of the incident (but not parents)?
Is there any mention of a neurological developmental child disability? (e.g., autism, intellectual disability, nonverbal)
Is there any mention of a physical child disability? (e.g., feeding tube)
Is there any mention of prematurity or low birthweight?
The screen-out referral lists the child's past medical history as including "low birth weight," along with "intrauterine drug exposure" and "drug withdrawal syndrome."
Is there a history of child protection reports prior to death (for this child or siblings)?
The fatality report notes "There was an open DEC case the time of the incident" and lists "Open CPS: INV / DEC / 08-29-2023" prior to the death. This establishes a prior/open child protection case for the child and family.
Does the child have a history of foster care (but not in care at time of incident)?
Is there a history of a sibling death (separate incident from this death)?
Parent/Caregiver Factors
Was an adult charged or arrested for the child's death?
Both parents were arrested and charged. The WVLT article states deputies "arrested Nick Lay and Chelsea Marsh" charged with "aggravated child neglect and abuse," and the fatality report notes they were "charged with Aggravated Child Neglect and Felony Possession of a Schedule VI."
Is domestic violence by the parent/caregiver referenced?
Is there any mention that the death occurred in a temporary shelter or while homeless?
Is an intellectual disability of the parent/caregiver referenced?
Is the mental health of the parent/caregiver referenced?
The FAST assessment states the father "reported he has anxiety, depression and bipolar disorder" and the mother "reported she has anxiety." The debrief also notes "Both the mother and father report current mental health services and prescriptions."
Is a history of arrests or criminal charges for the parent/caregiver referenced?
The FAST assessment notes the father "has been in an out of jail for drugs" and the mother "was arrested in the past for theft and DUI," which predate and are separate from the current fatal incident. The mother's statement also references prior incarceration (child with grandmother "since 2017, when Ms. [mother] was previously incarcerated").
Is substance use by the parent/caregiver referenced?
Extensive references to parental substance use: both parents tested positive/admitted to Buprenorphine, Benzodiazepine, and THC; marijuana, suboxone, needles and paraphernalia found in the home; the WBIR article notes parents "admitted to smoking marijuana around the baby and taking numerous other narcotics."
Notable Details
Several notable details stand out: the mother gave three materially conflicting accounts of the evening, and the father's account also differed. The classification shifted over time—a February 1, 2024 note initially stated Abuse Death would be classified "Unsubstantiated" with only Lack of Supervision/Drug Exposed Child substantiated, but after further staffing it was ultimately substantiated as Abuse Death. Preliminary autopsy findings showed "older rib fractures" (healing calluses on left ribs 6 and 7), yet cause and manner of death were ruled Undetermined and toxicology was negative. Despite felony charges and $250,000 bonds, the parents ultimately pleaded guilty and received only roughly 6 months jail (time served) plus 2 years probation/drug court. A forensic-interview narrative about a 14-year-old disclosing an uncle grabbing her was entered then marked "Created In Error / wrong case," indicating record-keeping confusion.
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