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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 430701361
Report Date: 09/01/2026
Date Signed: 09/01/2026 12:52:48 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
08/23/2026 and conducted by Evaluator Jennifer Beehler
COMPLAINT CONTROL NUMBER: 07-CC-20260823093724
FACILITY NAME:ACTION DAY NURSERYFACILITY NUMBER:
430701361
ADMINISTRATOR:SMRITI DATTAFACILITY TYPE:
850
ADDRESS:2146 LINCOLN AVENUETELEPHONE:
(408) 266-8952
CITY:SAN JOSESTATE: CAZIP CODE:
95125
CAPACITY:154CENSUS: 119DATE:
09/01/2026
UNANNOUNCEDTIME BEGAN:
12:15 PM
MET WITH:Smriti Datta - DirectorTIME COMPLETED:
01:00 PM
ALLEGATION(S):
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Facility is not following Sign in/out requirements.
INVESTIGATION FINDINGS:
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On 09/01/2026, Licensing Program Analyst (LPA) Jennifer “Jen” Beehler conducted an unannounced Complaint Investigation. Upon arrival, LPA was greeted by the Director and provided access to the facility. LPA provided the reason for the visit, toured the facility and collected the census.

There were 119 preschool age children and 18 staff (15-Teachers/1-Aide/2-Directors) present which is compliant with ratio and capacity requirements.

The Department has investigated the allegation listed above. LPA observed the facility, conducted interviews and collected relevant documentation. The evidence collected revealed that the facility has a written plan and procedure for signing children in and out of the facility.

Continued on Page 2
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Adam Hamer
LICENSING EVALUATOR NAME: Jennifer Beehler
LICENSING EVALUATOR SIGNATURE:

DATE: 09/01/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2026
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-20260823093724
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: ACTION DAY NURSERY
FACILITY NUMBER: 430701361
VISIT DATE: 09/01/2026
NARRATIVE
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However, the intention of the regulation was not met as children have been released to the facility and removed from the facility prior to the collection of the authorized representatives’ signature. Based on LPAs observations, record review, and interviews which were conducted, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

As a result of this investigation, one (1) Type B Deficiency is cited, more details provided on the attached LIC9099-D. Exit interview conducted with the Director. Report was reviewed and provided to Director, Smriti Datta, along with appeal rights.


A NOTICE OF SITE VISIT WAS GIVEN AND MUST REMAIN POSTED FOR 30 DAYS.
SUPERVISORS NAME: Adam Hamer
LICENSING EVALUATOR NAME: Jennifer Beehler
LICENSING EVALUATOR SIGNATURE:

DATE: 09/01/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2026
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 07-CC-20260823093724
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: ACTION DAY NURSERY
FACILITY NUMBER: 430701361
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/01/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/18/2026
Section Cited
CCR
101229.1(b)
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101229.1 Sign In & Out (b) The person who brings the child to, and removes the child from, the center shall sign the child in/out.

This requirement has not been met as evidenced by:
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Director will provide a written plan of correction POC due date.
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Children are released to the facility and picked up by authorized representatives prior to the collection of signature from the authorized representative. This poses a potential risk 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.
SUPERVISOR'S NAME: Adam Hamer
LICENSING EVALUATOR NAME: Jennifer Beehler
LICENSING EVALUATOR SIGNATURE:

DATE: 09/01/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/01/2026
LIC9099 (FAS) - (06/04)
Page: 3 of 3