Action Day Primary Plus

ALLEGATION(S): Other - Staff are not ensuring that children with obvious symptoms of illness are not accepted into care Reporting Requirements - Staff are not following reporting requirements INVESTIGATION FINDINGS: On 8/13/2026, Licensing Program Analyst (LPA) A.Y. conducted an unannounced complaint investigation. LPA met with Director, O.G., to deliver the complaint allegations listed above. Present for today’s investigation were Director, (13) staff, and (106) children. LPA toured the indoor areas of the facility. During the course of the investigation, LPA interviewed Director, staff, and parents. LPA interacted with children, and reviewed supporting documents received. First allegation stated that staff are not ensuring children with obvious symptoms of illness are not accepted into care. It was reported that a child with confirmed case of chicken pox was allowed to attend class after diagnosis from a doctor. Based on the result of the investigation, there was no indication of a child with confirmed case of chicken pox attending class prior to being free from symptoms. ***Continue Page 2*** Unsubstantiated Estimated Days of Completion:

ALLEGATION(S): Other - Staff did not ensure children had access to water while outside. INVESTIGATION FINDINGS: On 6/18/2026, Licensing Program Analyst (LPA) A.Y. conducted an unannounced complaint investigation, and to deliver the complaint allegation listed above. LPA met with Director, O.M.G. and discussed the complaint allegation with them. Present for today’s investigation were Director, (8) staff, and (80) children. LPA toured the indoor and outdoor areas. LPA interviewed staff, and the director. LPA conducted children interactions, observations, and collected documents. Allegation stated that staff did not ensure children had access to water while outside. It was reported that teachers in classroom K4 did not provide water to children in care during outdoor playtime. Based on the result of the investigation, staff S1&S2 stated that one day in June during afternoon outddoor playtime, they did not ensure children had access to water while outside. The duration of outdoor play at that time was no more than 20 minutes due to the warm temperature that day. Substantiated Estimated Days of Completion:

ALLEGATION(S): Other - Staff did not maintain facility at a comfortable temperature for children in care INVESTIGATION FINDINGS: On 5/27/2026, Licensing Program Analyst (LPA) A.Y. conducted an unannounced complaint investigation. LPA met with Acting Director, O. "MIssy" G. and discussed the complaint allegation with them and to deliver the findings. Present for today’s investigation were Acting Director, Regional Director, (15) staff, and (148) children. LPA toured the indoor areas of the facility with Acting Director. LPA conducted interviews with the Acting Director, Regional Director, and staff. LPA conducted observations and interacted with parents and children in care. LPA received documents. Allegation stated that staff did not maintain facility at comfortable temperature for children in care. During today's investigation, LPA had observed comfortable temperature in the classrooms through out the day, which was within required title 22 regulations. Based on interview with the Acting Director the temperature is operating during hours of operation from 7:00am to 6:00pm. At 5:43pm, LPA observed the classroom temperature for room K4 was at 73 degrees Fahrenheit. ***Continue Page 2*** Unsubstantiated Estimated Days of Completion:

ALLEGATION(S): Ratio - Staff did not ensure they were not out of ratio Personal Rights - Staff are not meeting day care child's diapering needs INVESTIGATION FINDINGS: On 6/02/2025, Licensing Program Analyst (LPA) A.Y. conducted an unannounced complaint investigation. LPA met with Director, F.D. to deliver the complaint allegations of personal rights - staff are not meeting day care child’s diaper needs and ratio - staff did not ensure they were out of ratio. Present for today's inspection were Director, (6) Teachers, and (41) children. LPA toured the indoor areas of the facility with licensee. During the investigation, LPA interviewed children, parents, teachers, and the Director. Despite the allegations that teachers were out of ratio during drop off time in the morning and teachers not meeting child’s diaper needs, interviews and observations did not reveal the (2) allegations that were reported on the facility. ***Continue Page 2*** Unsubstantiated Estimated Days of Completion:

ALLEGATION(S): 1. Child sustained unexplained injuries while in care due to Lack of Supervision. 2. Children left unsupervised in a classroom. INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) A.M. conducted a Subsequent Complaint visit to deliver the findings for the above allegations. LPA met with Director F.D. On 12/10/24 and on12/12/24, LPA A.M. conducted interviews with staff, children and reviewed supporting documentation. Observations were made in each of the classrooms( K1,K2,K3, K4,K5,and Rooms 3, 4,10). On both days, LPA observed that staff were present and observed to be in compliance with teacher to child ratio requirement. Staff interviewed stated that if they observe any visible marks such as bruises, scratches, or if a child sustains an injury while at the center, they will notify the child's parent or responsible party. Staff, also, stated that an Ouch report will be completed and given to the child's parent or responsible party. --Continue on LIC9099C------ Unsubstantiated Estimated Days of Completion:

ALLEGATION(S): Staff did not maintain a comfortable temperature in rooms occupied by children INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) A.C. and Licensing Program Manager (LPM) G.K. conducted an unannounced complaint investigation to deliver investigative findings. LPA/LPM met with Director F.D. On 06/28/2024, LPA/LPM conducted an unannounced visit. Staff were interviewed, classrooms were toured, and documents were obtained. LPA/LPM toured all preschool classroom at which time temperatures in all occupied classrooms were observed between 72-74° via portable digital thermostats. Reporting Party (RP) referenced the dates of June 3rd-7th where the highs were reported as reaching 80s-90s. The air conditioning was not functioning, resulting in hot conditions inside classroom. The RP reported that the temperature felt like 90 degrees Fahrenheit inside the classroom. However, cannot confirm temperature because RP did not see a thermostat. The RP mentioned children’s cheeks were pink, and they looked hot. The week of the when they allegations were reported to the department San Jose had experienced a heat wave. According to weatherchannel.com website on 6/28 the high for San Jose CA was forecasted to reach 86°. Director confirmed there were power issues that week and mentioned that generators were place for essential appliances, such as, refrigerators and microwaves. Adding that the children were moved from classroom 4 to 9 which has working AC. Unsubstantiated Estimated Days of Completion:

CCR 101229(a)(1) · Type A

Responsibility for Providing Care & Supervision. No child(ren) shall be left without the supervision of a teacher at any time, except as specified in Sections 101216.2(e)(1) and 101230(c)(1). Supervision shall include visual observation. This requirement was not met as evidenced by: a child was left unattended in the K3 classroom during morning transition time on 04/29/24. This presents a potential risk to the health, safety or personal rights of children in care.

CCR 101229(a)(1) · Type B

Responsibility for Providing Care and Supervision. No child(ren) shall be left without the supervision of a teacher at any time,.... Supervision shall include visual observation. This requirement is not met as evidenced by: Based on observation, LPA observed at 9:51AM that there was one staff in the restroom with children. There were additional children outside, which staff cannot visual observe. This poses a potential health and safety risk to children in care.

CCR 101223(a)(3) · Type A

Personal Rights. The licensee shall ensure that each child is accorded the following personal rights: To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature... This requirement is not met as evidenced by: Based on record review and interview, there was an incident involving A-1 and a violation of child's personal rights. A-1 was let go. This poses an immediate health and safety risk to children in care.

101700.3(b)(1) · Type B

101700.3(b)(1)Lead Testing Written Directives a result with values of 5.5 ppb or greater shall be deemed an Action Level Exceedance. This requirement was not met as evidenced by Based on on observation and record reviews, water sampling report for the facility indicated that water from four outlet sites have elevated lead greater than 5.5ppb which poses a potential health and safety or personal risk to children in care.

CCR 101215.1(h)(2)(a) · Type B

Child Care Center Directors Qualifications and Duties (h) Child care center directors shall have completed one of the following prior to employment: 2(A) Three semester or equivalent quarter units shall be in administration or staff relations. This requirement is not met as evidenced by: Based on record review, Licensee did not comply with the section cited above. Staff assuming Director's role does not have proof of administration/staff relations units to complete director's qualifications, which poses a potential health and safety risk to children in care.

HSC1596.866(A)(2) · Type B

In addition to other required training, at least one director or teacher at each day care center...shall have at least 15 hours of health and safety training,... (2) The training shall include the following components: (A) Pediatric first aid. (B) Pediatric cardiopulmonary resuscitation (CPR) This requirement is not met as evidenced by: Based on record review, Licensee did not comply with the section cited above. Staff assuming Director's role does not have proof of current Pediatric First aid and CPR on File, which poses a potential health and safety risk to children in care.

CCR 101216.3(b)(1) · Type A

(b) The licensee may use teacher aides in a teacher-child ratio of one teacher and one aide for every 15 children in attendance. (1) A ratio of one fully qualified teacher (as specified in Section 101216.1(c) and one aide for every 18 children in attendance in a preschool program is allowed when the aide meets the qualifications specified in Section 101216.2(d). This requirement is not met as evidenced by: Based on observation and record review, the licensee did not comply with the section cited above. LPA observed that there were 2 staff with 18 children in Room 10. Neither of them are fully qualified, which poses an immediate health, safety or personal rights risk to persons in care.

HSC 1596.954 · Type B

Every licensed child day care center shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12. The department shall account for the presence of these detectors during inspections. This requirement is not met as evidenced by: Based on observation, the licensee did not comply with the section cited above. Facility does not have a carbon monoxide detector, which poses a potential health, safety or personal rights risk to persons in care.

CCR 101216(g)(1) · Type B

(1) Except as specified in (3) below, good physical health shall be verified by a health screening, including a test for tuberculosis, performed by or under the supervision of a physician not more than one year prior to or seven days after employment or licensure. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above in. 2 staff were missing Health Scrrening and TB, which poses a potential health, safety or personal rights risk to persons in care.

CCR 101212(b) · Type B

(b) The name of the child care center director, and any fully qualified teacher(s) designated to act in the child care center director's absence, shall be reported to the Department within 10 days of a change of child care center director or designee(s). This requirement is not met as evidenced by: Based on interview, the licensee did not comply with the section cited above. Director stated in 10/2021, but did not notify Licensing of the change. This posed a potential health, safety or personal rights risk to persons in care