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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434412404
Report Date: 06/06/2025
Date Signed: 06/06/2025 02:00:42 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 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
05/01/2025 and conducted by Evaluator Elizabeth Larios
COMPLAINT CONTROL NUMBER: 07-CC-20250501132008
FACILITY NAME:GATEWAY PRESCHOOL ACADEMYFACILITY NUMBER:
434412404
ADMINISTRATOR:WINNIE SHIHFACILITY TYPE:
850
ADDRESS:2360 MCLAUGHLIN AVENUETELEPHONE:
(408) 520-4311
CITY:SAN JOSESTATE: CAZIP CODE:
95122
CAPACITY:60CENSUS: 18DATE:
06/06/2025
UNANNOUNCEDTIME BEGAN:
10:01 AM
MET WITH:Winnie ShihTIME COMPLETED:
02:05 PM
ALLEGATION(S):
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Facility staff handle child roughly resulting in bruising & scratches
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Elizabeth Larios, conducted an unannounced complaint investigation to deliver complaint findings. LPA met with Director, Winnie Shih and informed her of the purpose of the visit.

The Department received a complaint alleging staff handle child roughly resulting in bruising & scratches. During the course of this investigation. LPA toured the outdoor area, conducted interviews, reviewed relevant records and video footage.

The Department found that the preponderance of evidence standard has been met based on the evidence gathered and therefore the above allegation is found to be SUBSTANTIATED.

Type A deficiency was cited today as a result of the complaint investigation and is noted on the attached page LIC 9099-D. Continue on LIC 9099-C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Elizabeth Larios
LICENSING EVALUATOR SIGNATURE:

DATE: 06/06/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/06/2025
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-20250501132008
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: GATEWAY PRESCHOOL ACADEMY
FACILITY NUMBER: 434412404
VISIT DATE: 06/06/2025
NARRATIVE
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LPA Larios informed Director, Winnie Shih that this report dated 06/06/2025 documents a Type A citation which shall be posted for 30 consecutive days as there is immediate risks to the health, safety, or personal rights of children in care.

LPA Larios also informed the Director to provide a copy of this licensing report dated 06/06/2025 that documents a Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any newly enrolled parents/guardians for the next 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224) must be placed in the child's file for verification.

Exit interview was conducted and report was reviewed with Director, Winnie Shih. Appeal Rights were given.

A NOTICE OF SITE VISIT WAS ISSUED AND MUST REMAIN POSTED FOR 30 CONSECUTIVE DAYS.
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Elizabeth Larios
LICENSING EVALUATOR SIGNATURE:

DATE: 06/06/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/06/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 07-CC-20250501132008
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE CC RO, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: GATEWAY PRESCHOOL ACADEMY
FACILITY NUMBER: 434412404
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/06/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
06/09/2025
Section Cited
CCR
101223(a)(3)
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101223 Personal Rights
(a) The licensee shall ensure that each child is accorded the following personal rights:(3) 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 is not met as evidence by:

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By POC due date 06/09/2024 Director shall conduct training on personal rights and alternate processes for dealing with children that are having behavioral issues or struggling to self-regulate. Director shall foward a copy of the training agenda and attendance sheet.
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Based on information gathered on 4/30/2025 video footage show staff (S-1) was redirecting child (C-1) during in outdoor incident were staff (S-1) mishandled child (C-1) resulting in bruising and scratches. This poses an immediate risk to the health, safety, and personal rights of children in care.
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Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Elizabeth Larios
LICENSING EVALUATOR SIGNATURE:

DATE: 06/06/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/06/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 3