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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 430701361
Report Date: 10/07/2025
Date Signed: 10/07/2025 03:08:23 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
09/30/2025 and conducted by Evaluator Jennifer Beehler
COMPLAINT CONTROL NUMBER: 07-CC-20250930162535
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: 125DATE:
10/07/2025
UNANNOUNCEDTIME BEGAN:
02:14 PM
MET WITH:Smriti DattaTIME COMPLETED:
03:30 PM
ALLEGATION(S):
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Licensee is not ensuring that day care children are provided a safe environment while in care.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Jennifer "Jen" Beehler conducted an unannounced 10 Day Complaint investigation. Upon arrival LPA was greeted by the Director Smriti Datta and was provided access to the facility. LPA arrived during the nap hour. LPA did not take a census to ensure children were not disturbed during sleep.

LPA toured the exterior grounds of the facility. LPA observed a path of concrete on the larger preschool playground that had areas that were raised, had cracks and holes. LPA observed shaded rest areas provided by canopies, trees and building overhang. LPA observed play equipment to be age appropriate and in good condition. LPA observed sufficient tanbark under high climbing equipment, swings and slides to absorb falls. Based on the evidence gathered, the facility does have areas of the outdoor play yard that are a tripping hazard, therefore the above allegation is SUBSTANTIATED, meaning the allegation is valid because the preponderance of the evidence standard has been met.

Due to today's investigation a deficiency is cited, more details provided on the attached LIC9099-D. Exit interview conducted with Director Smriti Datta. Report was reviewed and provided along with appeal rights. NOTICE OF SITE VISIT PROVIDED AND MUST REMAIN POSTED FOR 30 DAYS.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Jennifer Beehler
LICENSING EVALUATOR SIGNATURE:

DATE: 10/07/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2025
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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Control Number 07-CC-20250930162535
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: 10/07/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
10/21/2025
Section Cited
CCR
101238.2(d)(2)
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101238.2 Outdoor Activity Space (d) The surface of the outdoor activity space shall be maintained:....(2) Free of hazards including, but not limited to, holes, broken glass and other debris, and dry grasses that pose a fire hazard. This requirement has not been met as evidenced by:
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Director to provide the Department with a plan to make the hazardous areas of the cement inaccessible from children in care. Facility will repair the areas by POC due date, Director will email photographic evidence to LPA.
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Large Outdoor Activity space for older preschool children had large cracks and holes on the cement pathway around the play structure. This poses a potential risk to the health and safety 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: Gladys Kuizon
LICENSING EVALUATOR NAME: Jennifer Beehler
LICENSING EVALUATOR SIGNATURE:

DATE: 10/07/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/07/2025
LIC9099 (FAS) - (06/04)
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