Police investigators have found no basis for filing charges against the driver of a day-care center bus that struck and fatally injured a 2-year-old boy Monday, a police source said yesterday.

The boy, Andre L. Scales, of Galveston Street SW, was struck outside the Keys of Life Child Development Center in the 1800 block of 12th Street NW. The driver of the school's bus has been identified as Anthony L. Everett, 24, of Northeast.

Police said officially that the matter remains under investigation and that findings must be submitted to prosecutors for review.

But the source said police investigators have already determined that there was no action on the driver's part that would warrant charges.

A worker at the center said Monday that employees thought the 2-year-old was with other toddlers being transferred from the Keys of Life Center to one in another neighborhood.

After leaving an alley next to the church, the bus driver looked back and saw the child lying in the alley, according to the worker.

It was unclear yesterday from interviews with city officials what city agency holds principal responsibility for regulating transportation of day-care center children while they are in the care of the center.