KNOXVILLE, Tenn. (WVLT) -- Aiden Martin, the little boy who nearly drowned in his babysitter's pool, has now been upgraded to serious condition.

We talked to his mom Wednesday night who said he was doing better, but still has a long way to go.

Aiden nearly drowned in his babysitter's pool for the second time on August 15. The first time was last December when he fell through ice and the babysitter pulled him out.
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August 16, 2011 -- Two year old Aiden Martin, was brought back from the brink of death for the second time in his young life. It's a remarkable story of survival, rivaled only by the bizarre nature of his near drowning again in the very same pool, in less than a year.

And again investigators zeroed in on Aiden's babysitter, Jennifer Kitts, who wasn't charged the first time. I discovered Kitts operates an unlicensed daycare, which seems to be perfectly legal.

"You can have up to four children who are not your own, and babysit them, and not need a license," said Rob Johnson of the Tennessee Department of Children Services.

Apparently Kitts followed this guideline. But that didn't stop DCS from taking quick action this time around, removing Kitts' own three children from her custody. "In an abundance of caution, we've asked that they go stay with a relative while we look into this situation. And we've asked that there be no babysitting going on there for the time being," said Johnson.

While the city prays for Aiden, police sort through when and if anyone will face charges. "It's too early right now. We have a lot to do in our investigation," said Darrell DeBusk, spokesman for KPD.