A former Chattanooga daycare worker previously accused of felony child abuse completed her judicial diversion, resulting in the charge’s dismissal Tuesday.
Tonya Lively, 32, was arrested in connection with a child abuse investigation at an East Brainerd daycare and private preschool following a Jan. 8, 2025, incident. Police said at the time a video allegedly showed a caregiver push a child’s head down while the minor lay in a cot.
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In July 2025, Lively pleaded no contest to misdemeanor assault as part of a judicial diversion plea, according to her motion’s docket. Prosecutor Lee Ortwein said by text a no-contest plea has the same impact as a guilty plea.
“It’s a defendant’s way of implying they did not do what they are accused of,” he said, “yet, they realize a jury would find them guilty based on the proof that would be offered.”
With judicial diversion, so long as a defendant complies with the agreement and stays out of legal trouble, a charge or charges can be dismissed, according to Ortwein. Diversion is a one-time option available only to defendants with no criminal history.
According to Lively’s motion docket, the court barred her from contacting the victim or seeking employment in childcare.
The Chattanooga Times Free Press has reached out to a cell number, email and social networking account tied to Lively, and responses will be published online when received.
Contact courts reporter Mason Edwards at medwards@timesfreepress.com or 423-757-6409.