430709448-6-14-2023-07-CC-GKUN-CTHNEU-20230707102432

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 430709448
Report Date: 06/14/2023
Date Signed: 06/14/2023 11:56:24 AM

Unsubstantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

This is an official report of an unannounced visit/investigation of a complaint received in our office on
05/16/2023 and conducted by Evaluator Pietro Hernandez

PUBLIC

COMPLAINT CONTROL NUMBER: 07-CC-20230516111144

FACILITY NAME:	PRIMARY PLUS - INFANTS		FACILITY NUMBER:	430709448
ADMINISTRATOR:	LOPEZ, LORENA		FACILITY TYPE:	830
ADDRESS:	18720 BUCKNALL ROAD		TELEPHONE:	(408) 370-0350
CITY:	SARATOGA	STATE: CA	ZIP CODE:	95070
CAPACITY:	83	CENSUS: 37	DATE:	06/14/2023
		UNANNOUNCED	TIME BEGAN:	08:03 AM
MET WITH:	Lorena Lopez		TIME COMPLETED:	10:15 AM

ALLEGATION(S):

1
2
3
4
5
6
7
8
9

Staff do not provide adequate supervision to the day-care children.

INVESTIGATION FINDINGS:

1
2
3
4
5
6
7
8
9
10
11
12
13

Licensing Program Analyst (LPA) Pete Hernandez conducted an unannounced subsequent complaint visit. LPA Pete Hernandez has been to the Facility for several site inspections in recent history and LPA observed today. LPA met with Director Lorena Lopez.
LPA Pete Hernandez conducted unannounced site inspections 05/18/2023 and 06/07/2023 and observed the facility in compliance with teacher to child ratio. A review of facility history also showed compliance with the ratios on 7 unannounced facility inspections from February to June 2023. Based on complaint report, the alleged lack of supervision occurred from 03/07/2022 to 06/30/2022. LPA conducted staff interviews and the staff consistently understood their biting protocols.
According to complaint report, facility does not provide adequate supervision to children resulting to a child being bitten but another child multiple times. LPA reached out to reporting party (RP) on 05/17/2023
and 05/18/2023 and was eventually e-mailed pictures and documents on 5/23/2023. LPA reviewed facility’s bite log for the reported period. Copies of the "ouch reports" were received by the RP and a bite log was reviewed and documentation collected. The bite log matched up to the dates on the ouch reports submitted by the RP for C1,(also kept by the provider), and bite log provides dates, times, log names the biter and the child bitten, given situation, and who signed off on the entry.

Based on the LPA’s observations, interviews and information obtained throughout the investigation, the allegations are UNSUBSTANTIATED. Although the above allegations may have happened or are valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are UNSUBSTANTIATED.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Gladys Kuizon	TELEPHONE: (510) 566-5850
LICENSING EVALUATOR NAME: Pietro Hernandez	TELEPHONE: (408) 598-9250
LICENSING EVALUATOR SIGNATURE:	DATE: 06/14/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/14/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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