Kiddie Academy of San Jose

CCR 101238.2(d)(2) · Type B

(d) The surface of the outdoor activity space shall be maintained: (2) Free of hazards including, but not limited to, holes, broken glass and other debris, and dry grasses that pose a fire hazard. This requirement is not met as evidenced by: Based on observation and interview, the licensee did not comply with the section cited above which poses a potential health, safety or personal rights risk to persons in care. There is a deterioration (surface crack) on the right side concrete surface of the infant toddler's playground.

ALLEGATION(S): Staff did not maintain a comfortable room temperature for children. INVESTIGATION FINDINGS: This an amend report: Licensing Program Analyst (LPA) M.J. met with Director M.N. and informed her the purpose of this inspection is to deliver findings on the investigation for the allegation listed above. LPA observed seven children with one Teacher and one Aide Teacher (infant room) and four children and one teacher (toddler room) . Staff members were present providing supervision to the children. This Department has investigated the allegation, based on records review, evidence and interviews during the investigation process, which were conducted the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. Not deficiency was issued. The facility was not informed about waxed floors and staff tried to eliminate the odor before children arrive. The intention was to eliminate odor as soon as possible for safety and health to the children in care. Exit interview was conducted, where this report was reviewed and discussed with Director M.N. A copy of this report was also provided and appeal rights were given. A notice of site visit was issued and must be posted on or adjacent to the interior side of the main door into the facility for 30 consecutive days. Substantiated Estimated Days of Completion:

ALLEGATION(S): Unqualified staff are allowed to provide care and supervision to children. INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) M.J. met with Director M.N. and informed her the purpose of this inspection is to deliver findings on the investigation for the allegation listed above. LPA observed seven children with one Teacher and one Aide Teacher (infant room) and four children and one teacher (toddler room) . Staff members were present providing supervision to the children. This Department has investigated the allegation, based on records review, evidence and interviews during the investigation process, which were conducted the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED. A technical Violation was issued today. Exit interview was conducted, where this report was reviewed and discussed with Director M.N. A copy of this report was also provided and appeal rights were given. A notice of site visit was issued and must be posted on or adjacent to the interior side of the main door into the facility for 30 consecutive days. Substantiated Estimated Days of Completion:

ALLEGATION(S): Personal Rights- a Staff spanked a child in care INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) M.J. conducted an unannounced inspection to deliver findings for the above allegation. LPA met with Director M.N. explained the purpose of today's visit. Based on interviews conducted, records obtained, and evidence gathered during the investigation process, it is concluded that although the allegation listed on this complaint may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur. The allegation is therefore UNSUBSTANTIATED. Exit interview was conducted, where this report was reviewed and discussed with Director M.N. A copy of this report was also provided and appeal rights were given. A notice of site visit was issued and must be posted on or adjacent to the interior side of the main door into the facility for 30 consecutive days. Unsubstantiated Estimated Days of Completion:

ALLEGATION(S): 1: Facility is not maintained clean and sanitary. 2: Facility has pests. INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) S.C. conducted an unannounced complaint visit today and met with M.N. The purpose of today’s visit is to close the investigation and deliver investigation findings to the facility. On 08/31/2022 and 09/29/2022, LPA conducted an unannounced facility inspection. The facility was toured including the Infants-New Beginnings classroom and common areas. Facility was observed to be in good repair with no evidence of pests. LPA conducted staff interviews. All staff who were interviewed stated they have not observed pests in the facility. According to them, the facility contracts janitorial services and pest control services. LPA reviewed facility records including pest control service contract and janitorial services contract. Pest control treatment report obtained does not show any on-going pest infestation or evidence. Based on the available evidence, including observations, record reviews, and interview completed for this complaint investigation, it is concluded that although the allegations noted on this complaint may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur. The allegations are thus UNSUBSTANTIATED. Unsubstantiated Estimated Days of Completion:

ALLEGATION(S): Licensee doesn't have proper equipment to care for infants. Facility failed to follow Safe Sleep requirements. INVESTIGATION FINDINGS: On September 15th, 2022 at 10:30am Licensing Program Analyst (LPA), K.M., conducted an unannounced subsequent complaint inspection to deliver findings. LPA met with Director, M.N., and explained the nature of today's inspection. LPA M. conducted interviews, toured the facility and obtained copies of pertinent information. Based on information obtained; there is not enough evidence to prove that the above allegations have occurred. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the allegations did or did not occur. Due to the above information, the allegations are UNSUBSTANTIATED. NOTICE OF SITE VISIT WAS ISSUED AND SHALL BE POSTED FOR 30 DAYS. Unsubstantiated Estimated Days of Completion:

CCR 101170(e)(2) · Type B

101170 Criminal Record Clearance (e) All individuals subject to criminal record review...shall prior to working...in a licensed facility... (2) request a transfer of criminal record clearance.. This requirement was not met as evidenced by: Based on observation and interview, staff member present in infant classroom does not have fingerprint clearances for infant license which poses a potential risk to the health, safety, and personal rights of children in care.