434404373-1-27-2022-07-CC-JSEA-CC7UCA-20220304142737

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 434404373
Report Date: 01/27/2022
Date Signed: 01/27/2022 01:11:29 PM

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
01/06/2022 and conducted by Evaluator Pietro Hernandez

PUBLIC

COMPLAINT CONTROL NUMBER: 07-CC-20220106121029

FACILITY NAME:	STARBRIGHT SCHOOL		FACILITY NUMBER:	434404373
ADMINISTRATOR:	ALLA USHOMIRSKY		FACILITY TYPE:	850
ADDRESS:	4645 ALBANY DRIVE		TELEPHONE:	(408) 985-1460
CITY:	SAN JOSE	STATE: CA	ZIP CODE:	95129
CAPACITY:	90	CENSUS: 52	DATE:	01/27/2022
		UNANNOUNCED	TIME BEGAN:	09:35 AM
MET WITH:	Anastassia Ku		TIME COMPLETED:	01:00 PM

ALLEGATION(S):

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1) Facility is not following COVID-19 protocol.

2) Facility is understaffed.

3) Facility is out of ratio.

INVESTIGATION FINDINGS:

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On 01/27/2022: Licensing Program Analyst (LPA) Pietro Hernandez conducted an unannounced Subsequent Complaint Investigation at the facility. LPA spoke with Anastassia Ku and discussed the finding for the above allegations.

During the course of the investigation, LPA inspected the Child Care Center, reviewed records, and conducted interviews with the Director, Teachers, helpers, and parents. LPA Hernandez determined that both alligations are unsubstanciated.

Continued on page 2 of LIC9099-C.

Unsubstantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Joel Segura	TELEPHONE: (408) 324-2155
LICENSING EVALUATOR NAME: Pietro Hernandez	TELEPHONE: (408) 598-9250
LICENSING EVALUATOR SIGNATURE:	DATE: 01/27/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/27/2022

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

LIC9099 (FAS) - (06/04)

Page: 1 of 3

Control Number 07-CC-20220106121029

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: STARBRIGHT SCHOOL	FACILITY NUMBER: 434404373
	VISIT DATE: 01/27/2022

NARRATIVE

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Continuation of Page 1 LIC9099
Allegations:

1) Facility is not following COVID-19 protocol. LPA Hernandez observed that the facility is encouraging face coverings to be worn by the preschoolers consistent with the California Pubiic Health Department guideline dated 5/3/2021 during LPA's presence. Teachers were also wearing Face Coverings and following Technical Assistance guidelines. Mask wearing of the children in care is not at issue however it requires constant encouragement to get the children to wear the face coverings. In the absence of an LPA, the effectiveness of Teacher encouraged use of face coverings cannot not be determined with certainty since there are no witnesses, pictures or documentation that would prove that the exposed children are or are not wearing face coverings while attending the facility. Therefore; this is unsubstantiated.

2) Facility is understaffed. LPA Hernandez reviewed documentation that did not support the allegation that the facility has been operating understaffed on the days this allegation occurred, the week proceeding or the week after the date in question. However, since the Reporting party cannot be reached it cannot be said that there was an isolated case where they facility ever operated understaffed or how they were considered understaffed. There are no cameras, records show a complete staff working during the block of time and the scheduled time supports that. However the LPA is assuming the records are an accurate reflection of staff work records. Since this cannot be proved or disproved with any certainty this ever occurred this must be must be unsubstantiated.

3) Facility is out of ratio. LPA Hernandez reviewed the attendance records against the sign in records and did not observe that the facility is out of ratio. LPA Hernandez did observe on two separate occasions the child to staff ratios and the school was compliant with the Title 22 regulations related to child Teacher ratios. LPA Hernandez would have to say it is more likely than not that they have been operating within ratio. Since this cannot be proved or disproved with any certainty this allegation ever occurred this must be must be unsubstantiated.

SUPERVISOR'S NAME: Joel Segura	TELEPHONE: (408) 324-2155
LICENSING EVALUATOR NAME: Pietro Hernandez	TELEPHONE: (408) 598-9250
LICENSING EVALUATOR SIGNATURE:	DATE: 01/27/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/27/2022

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 07-CC-20220106121029

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

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

FACILITY NAME: STARBRIGHT SCHOOL	FACILITY NUMBER: 434404373
	VISIT DATE: 01/27/2022

NARRATIVE

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Continuation of page 2 of 9099c.

Based on the interviews and information obtained throughout the investigation, the allegation is UNSUBSTANTIATED. 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.

A deficiency is NOT being cited based on the LPA observation, interviews conducted, and record review in accordance with the California Code of Regulations, Title 22 An exit interview was conducted with the Licensee. A copy of this report and appeals rights were discussed and left with the Licensee, Anastassia Ku, whose signature on this form confirm receipt of these documents.

A NOTICE OF SITE VISIT WAS ISSUED, POSTED NEAR THE ENTRANCE TO THE FACILITY, AND MUST REMAIN POSTED FOR 30 DAYS.

SUPERVISOR'S NAME: Joel Segura	TELEPHONE: (408) 324-2155
LICENSING EVALUATOR NAME: Pietro Hernandez	TELEPHONE: (408) 598-9250
LICENSING EVALUATOR SIGNATURE:	DATE: 01/27/2022

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

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 01/27/2022

LIC9099 (FAS) - (06/04)

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