ALPHARETTA, GA — The Alpharetta daycare where a toddler fatally choked on fruit has lost its license.

The Georgia Department of Early Care and Learning issued the license revocation for Little Sunshine’s Playhouse and Preschool of Alpharetta January 24, almost a month to the day one-year-old Juan Martin died. The boy was eating mango at breakfast on December 20 when he began choking.

“As they were trying to resuscitate him, they called 911,” says DECAL spokesman Reg Griffin. “EMTs were able to get him to the hospital where he stayed for four days, and then died tragically on Christmas Day.”

Little Sunshine’s on Morris Road was temporarily closed on January 14 for the agency to investigate with the knowledge that children were “not in imminent danger,” said Griffin.

Griffin said the police also investigated the incident, but ruled it an accident.

DECAL’s investigation was scathing, finding “uncorrectable abuses, derelictions or deficiencies” in the preschool’s operation.

In a letter to Little Sunshine’s director, Elizabeth Barth, the agency wrote, “DECAL determined that rule violations occurred which seriously affected the health and safety of children and demonstrated the intentional and reckless disregard for the physical and mental health and safety of children.”

The license revocation becomes effective in 30 days; the school has 10 days to appeal.

The DECAL investigation found that Little Sunshine’s violated seven rules: Staffers were not seated within arm’s reach of the children ages three and under during meal time; the mixed fruit served on December 20 was not chopped into sizes of a half-inch or smaller; staff did not make sure kids did not have an excessive amount of food in their mouths; the school did not update the day’s menu change; and foods that are choking hazards cannot be given to children under four.

The other two violations involve at least one employee who did not have a Comprehensive Records Check or fingerprints on file.

Griffin says the agency knows this is a hardship for some parents, who will now have to scramble to find other options.

“Parents impacted by this situation can connect with child care resources at www.qualityrated.org or by calling the toll-free number 1-877-ALL GA KIDS.  Parents will be assisted in locating quality child care options. DECAL provides this free service to parents.  At DECAL, our top priority is the health and safety of our state’s young learners,” he says.