San Jose Day Nursery

HSC 101216.3(b)(1) · Type B

Teacher - Child Ratio - (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.... 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 was not met as evidenced by: LPAs observed 29 children supervised by one teacher and three teacher aides in the preschool yard. This poses a potential risk to the health, safety, and personal rights to children in care.

ALLEGATION(S): Staff are not supervising children properly allowing children to be injured by other children INVESTIGATION FINDINGS: On July 24, 2026, Licensing Program Analysts (LPAs) M.M. and T.D. conducted an unannounced follow up complaint inspection. LPAs met with Executive Director, A.G. LPAs toured the facility, interviewed staff, and census was taken. During the investigation process, staff and parents were interviewed and relevant documents were obtained. Based on interviews with staff, children were consistently provided with adequate supervision. Staff also reported providing parents of Child (C1), who exhibits challenging behaviors, with resources and additional support to help address the child's needs. Interviews with parents indicated that they had not observed any concerns related to the supervision of children in care. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is UNSUBSTANTIATED. Exit interview conducted and report was reviewed with Executive Director, A.G. Appeal rights were provided. A Notice of Site Visit was issued and must remain posted for 30 days. Unsubstantiated Estimated Days of Completion:

CCR 101229(a)(1) · Type A

Responsibility for Providing Care and Supervision(a)(1) 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 "barn" toy storage shed located in the outside playground on October 30, 2024.This is a zero tolerance violation. This poses an immediate risk to the health, safety, and personal rights to children in care.

ALLEGATION(S): 1. Staff handled daycare child in a rough manner. INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) A.M. conducted an unannounced Subsequent complaint investigation, and was met with Director of Operations,R.M. On 8/26/24, 9/10/24, 9/12/24, and on 9/17/24, LPA M. conducted interviews with staff, parents and children. Parents stated that they don't have any concerns with how the staff are treating their children. Staff stated that they have never seen any of the staff handle any of the children in a rough manner. Children interviewed stated that they enjoy coming to school, the teachers were nice, and the teachers don't handle them in a rough manner. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the above allegation did or did not occur, therefore the allegation is UNSUBSTANTIATED. Exit interview was conducted with R.M. NOTICE OF SITE VISIT WAS ISSUED AND DIRECTOR WAS INFORMED TO POST THE NOTICE IN A VISIBLE LOCATION OF THE DAY CARE FOR A PERIOD OF 30 Unsubstantiated Estimated Days of Completion:

HSC 1596.8662(b)(1) · Type B

(b)(1) On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child day care provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. This requirement is not met as evidenced by: Based on record review and interview, the licensee did not comply with the section cited above as Staff one(S1) is missing proof of current Mandated Reporter training, which poses a potential health, safety or personal rights risk to persons in care.

ALLEGATION(S): 1. Staff did not communicate with day care child's responsible party. 2. Staff did not provide responsible party with day care child's records. INVESTIGATION FINDINGS: Licensing Program Anayst (LPA) A.M. conducted an unannounced subsequent complaint investigation today and met with Director of Operations,R.M., to deliver investigation findings. On 6/19/24, LPA's A.M. and A.C. interviewed Executive Director (ED) A.G. and obtained supporting documentation. LPA's reviewed Child (C1)'s file and observed forms such as the Admission agreement signed on 2/7/21, and Acknowledgement of Receipt of Licensing Reports (LIC9224) signed on 7/20/23 by Parent (P2). Reporting party (RP) stated when RP requests records regarding own child (C1), staff withholds or does not provide it to RP. RP also alleges that staff does not include RP in communications discussing C1’s care. Continue on LIC9099C- Unsubstantiated Estimated Days of Completion:

CCR 101229(a)(1) · Type A

Responsibility for Providing Care and Supervision(a)(1) 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 bathroom located in the outside playground on May 3,2024.This is a zero tolerance violation. This poses an immediate risk to the health, safety, and personal rights to children in care.

CCR 101229(a)(1) · Type A

Responsibility for Providing Care and Supervision(a)(1) 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 bathroom located in the outside playground on November 15,2023.This is a zero tolerance violation. This poses an immediate risk to the health, safety, and personal rights to children in care.

ALLEGATION(S): 1. Facility staff did not treat a child with dignity INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) A.M. conducted an Subsequent visit to deliver the finding(s) for the above allegation. LPA met with R.M., Enrollment Specialist. LPA conducted interviews with Staff and other parties involved and observed Child(C1)'personal items, and based on the information obtained, Staff addressed Child (C1) preference while at the Center. Based on observations and interviews 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:

CCR 101239(e)(4) · Type B

Fixtures, Furniture, Equipment and Supplies:101239(e)(4)) All toilets, hand washing and bathing facilities shall be maintained in safe and sanitary operating condition... This requirement was not met as evidenced by: Based on observation and Director's statement, the sink in the children's bathroom in Room 5, is not in operating condition. This poses a potential risk to the health, safety, and personal rights of children in care.

ALLEGATION(S): 1. Staff handled daycare children in a rough manner INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) A.M. conducted an subsequent complaint investigation for the above allegation. LPA met with Executive Director A.G. and R.L. and discussed the above allegation. LPA reviewed that two incident reports (May 4,2023 and June 13,2023) stating that S1 was observed to have handled children, C1 and C2, in rough manner. On 5/4/23, a parent (P1) observed staff (S1) yank child (C1) in C1's classroom. As a result of this allegation, S1 was given a Notice of Complaint (signed and dated on 5/11/23) by the Director which states, "This letter serves as a notice of a parent's complaint regarding your behavior with their child. Any further complaint of rough handling with any child will result in further disciplinary action". (1/2) (1/2) Substantiated Estimated Days of Completion:

ALLEGATION(S): 1. Staff handled day care child in a rough manner INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) A.M. conducted an subsequent complaint investigation for the above allegation. LPA met with Executive Director A.G. and R.L. and discussed the above allegations LPA reviewed that two incident reports (May 4,2023 and June 13,2023) stating that S1 was observed to have handled children, C1 and C2, in rough manner. On 5/4/23, a parent (P1) observed staff (S1) yank child (C1) in C1's classroom. As a result of this allegation, S1 was given a Notice of Complaint (signed and dated on 5/11/23) by the Director which states, "This letter serves as a notice of a parent's complaint regarding your behavior with their child. Any further complaint of rough handling with any child will result in further disciplinary action". (1/2) Substantiated Estimated Days of Completion:

CCR 101223(a)(3) · Type A

Personal Rights(a)(3) Each child shall be free from corporal or unusual punishment, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature. This requirement was not met as evidenced by: Based on interviews and record review, (S1) Staff handled children in a rough manner, which poses an immediate risk to the health and safety of children in care.

Request Denied

CCR 101223(a)(1) · Type B

Personal Rights(a)(1):The licensee shall ensure that each child is accorded the following personal rights:(1)To be accorded dignity in his/her personal relationships with staff and other persons. This requirement was not met as evidenced by: Based on interviews and observation, the staff in Classrooms 4 and in 5, change diapers and clean the children in a manner that does not accord the children's dignity. This poses a risk to the health, safety, and personal rights of children in care.

ALLEGATION(S): 1. Staff not adequately supervising to children in care. 2. Staff speaks inappropriately about child in care. INVESTIGATION FINDINGS: Licensing Program Analyst (LPA), A.M. conducted an unannounced subsequent complaint visit investigation today and met with Acting Directing R.L. The purpose of today's visit was to deliver the investigation finding for the above allegations. On February 15 and on 16, 2023, LPA M. interviewed a total of eleven staff and seven other parties involved. All of the staff stated they have adequate staffing and they never heard any of the staff speak inappropriately. All of the seven parties involved stated that they like the staff and they are treated nice. (continue on page two) Unsubstantiated Estimated Days of Completion:

CCR 101226(3)(A) · Type B

101226(3)(A):Prescription medications shall be administered in accordance with the label directions as prescribed by the child's physician.

ALLEGATION(S): 1. Staff did not administer day care child's required medication 2. Staff does not observe safe food handling practices 3. Staff does not follow safe hand hygiene between diaper changes INVESTIGATION FINDINGS: Licensing Program Analyst (LPA) A.M. conducted an unannounced follow-up complaint investigation and met with Executive Director A.G. The purpose of today's follow-up complaint investigation is to deliver investigation findings. The investigation of the allegation listed above was conducted by LPA M. Based on observations and interviews completed for this complaint investigation, it is concluded that although the allegations, Staff did not administer day care child's required medication, Staff does not observe safe food handling practices, Staff does not follow safe hand hygiene between diaper changes. 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. A NOTICE OF SITE VISIT WAS ISSUED, POSTED NEAR THE ENTRANCE TO THE FACILITY, AND MUST REMAIN POSTED FOR 30 CONSECUTIVE DAYS. Unsubstantiated Estimated Days of Completion:

CCR 101223(a)(3) · Type B

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 including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning. This requirement was not met as evident by: Based on information obtained, S-1 hit on C-1's wrist. C-1 did not obtain any injuries a a result of this incident. This poses a potential risk to the health and safety to the child in care.

HSC 1596.8662(b)(1) · Type B

On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child care provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. This requirement was not met as evidenced by: Mandated Reporter Training for Staff #1-Staff #4 has expired. This poses a potential risk to the health and safety of children in care.