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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 430710492
Report Date: 08/22/2019
Date Signed: 08/28/2019 09:21:06 AM



STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 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
05/30/2019 and conducted by Evaluator Shannel Reed
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20190530102018
FACILITY NAME:ACTION DAY NURSERYFACILITY NUMBER:
430710492
ADMINISTRATOR:KARLA TUREISKYFACILITY TYPE:
830
ADDRESS:3030 MOORPARK AVENUETELEPHONE:
(408) 249-0668
CITY:SAN JOSESTATE: CAZIP CODE:
95128
CAPACITY:97CENSUS: 95DATE:
08/22/2019
UNANNOUNCEDTIME BEGAN:
02:30 PM
MET WITH:Samantha SilvaTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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9
Facility failed to provide proper sleeping equipment.






Amended Report as of 08/28/2019......
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Shannel Reed, conducted an unannounced complaint investigation to the facility today to deliver investigation findings regarding the allegation the facility failed to provide proper sleeping equipment. LPA met with and Center Director, Samantha Silva and informed her of the reason for today’s inspection. LPA reviewed the complaint allegation with Center Director. Based on interviews with the Director and staff it was stated that infants do fall asleep on “boppies” and are then transferred to their cribs immediately. Additionally, a child may have slept on a “boppy” for the duration of their nap (30-45 minutes). LPA concludes that 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. NOTICE OF SITE VISIT WAS ISSUED AND MUST REMAIN POSTED FOR 30 DAYS.---CCR Personal Rights101223(a)(2) states that “…Licensee shall ensure that each child is accorded safe, healthful and comfortable accommodations […]”. LPA learned that the facility utilizes equipment that is contrary to safe sleep practices by using a “Boppy” and/ or swing to put infants to sleep. Once asleep the infants are then transferred to crib. This is not the intended use of these items and is not approved as Best Practice in providing safe sleeping accommodations for infants. The Director was advised of The Department’s concern with this practice. LPA discussed Safe Sleep Best Practices and provided information during this visit. Additional Safe sleep information can be obtained at the website listed. http://www.cdss.ca.gov/inforesources/Child-Care-Licensing/Public-Information-and-Resources/Safe-Sleep
Unsubstantiated
Estimated Days of Completion:
SUPERVISOR'S NAME: Sandy KnightTELEPHONE: (408) 324-2151
LICENSING EVALUATOR NAME: Shannel ReedTELEPHONE: (408) 489-9484
LICENSING EVALUATOR SIGNATURE:

DATE: 08/28/2019
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/28/2019
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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