A judge Wednesday morning affirmed the emergency order to close an Austell daycare center where a 2-year-old was left in a van for more than five hours.
Bright Achievers Pre-K had appealed the closure. But after a two-day hearing, the judge’s ruling means the center must close for 21 days during the state’s investigation, which includes allegations that the center’s director orchestrated a plan to cover up the incident. Parents were told to pick up their children, and by 2:30 p.m., the daycare center was empty, a spokesman for the Georgia Department of Early Care and Learning said.
DECAL issued an emergency order May 12 to close the center, citing serious rule violations. The center’s owner appealed that decision, and the daycare was allowed to stay open during the appeal process.
“The 21 days allows us to continue our investigation with the knowledge that there are no children in danger at the facility,” DECAL spokesman Reg Griffin said Wednesday.
On the morning of May 5, Zaryaha Emile was picked up near her home by a Bright Achievers van, according to her mother. But when the van returned to the Austell daycare, Zaryaha was left in the backseat and wasn’t found until more than five hours later, when a daycare employee was heading to pick up students from an elementary school, according to police.
After being told the toddler was found on the van, the center’s owner, Melinda Hamilton, did not seek medical help for the girl and tried to cover up the incident, police said. Hamilton also allegedly made up a story about a field trip and said Zaryaha was on the van for 15 minutes, according to investigators.
Six people, including Hamilton, have been arrested and charged for their alleged roles in the incident.
Hamilton, 59, of Atlanta, was arrested May 8 and charged with false statements, tampering with evidence and reckless conduct. She was booked into the Cobb County jail and released the following morning after posting $25,000 bail, booking records showed.
On May 11, a computer technician was arrested for allegedly lying to police about removing electronic devices from the center. Clement Samuel Udotong, 47, of Austell, was charged with obstruction. He was later released on $1,000 bond.
Since Friday, four others have been booked into the Cobb County jail.
Robin Horton, 49, of Powder Springs, and Dulce Lopez, 24, of Douglasville, were both charged with false statements and reckless conduct, Cobb police Officer Alicia Hilton said. Jean Jeanty, 30, of Marietta, was charged with reckless conduct, and Brenda Neal, 44, of Douglasville, was charged with false statements, according to police.
Horton and Neal were released Sunday, and Lopez and Jeanty on Monday after each posted $10,000 bond, jail records showed.
Once the state’s investigation is complete, DECAL will determine what sanctions should be taken, Griffin said. Those sanctions could include anything from fines to revoking the license for the center.
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