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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 430709840
Report Date: 06/06/2023
Date Signed: 06/06/2023 04:06:01 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 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
04/25/2023 and conducted by Evaluator Anna Morales
COMPLAINT CONTROL NUMBER: 07-CC-20230425082130
FACILITY NAME:HAPPY DAYS CHILD DEVELOPMENT CENTERFACILITY NUMBER:
430709840
ADMINISTRATOR:BASH & ARIE , HANNAFACILITY TYPE:
850
ADDRESS:220 BLAKE AVENUETELEPHONE:
(408) 296-5770
CITY:SANTA CLARASTATE: CAZIP CODE:
95051
CAPACITY:99CENSUS: 51DATE:
06/06/2023
UNANNOUNCEDTIME BEGAN:
02:45 PM
MET WITH:Dr. Merman MendozaTIME COMPLETED:
04:05 PM
ALLEGATION(S):
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1. Staff did not provide proper supervision to children in care
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Anna Morales conducted a subsequent complaint inspection to deliver investigation findings today. LPA met with Dr. Merman Mendoza.
On April 25, 2023, the Department received the above allegations against the facility. Accompanying video evidence was provided by the reporting party (RP).

LPA conducted unannounced site inspections, interviews, and record reviews.

The investigation revealed that the facility provides an optional service for parents to view live video footage of the classrooms online. On April 18, 2022, video footage shows child (C1) being hit by 2 other children (C2-C3) in the classroom. Staff was seen with her back against the children and has no visual view of the children in care.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 06/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/06/2023
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 5
Control Number 07-CC-20230425082130
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: HAPPY DAYS CHILD DEVELOPMENT CENTER
FACILITY NUMBER: 430709840
VISIT DATE: 06/06/2023
NARRATIVE
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Based on LPA’s observation, the preponderance of evidence standard has been met. Therefore, the above allegations are SUBSTANTIATED. Deficiencies are being cited today an follow on LIC9099D.

NOTICE OF SITE VISIT WAS ISSUED AND DIRECTOR WAS INFORMED TO POST THE NOTICE IN A VISIBLE LOCATION OF THE DAY CARE FOR A PERIOD OF 30 DAYS.

Appeal Rights were given to Director Dr. Merman Mendoza
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 06/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/06/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 07-CC-20230425082130
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

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

FACILITY NAME: HAPPY DAYS CHILD DEVELOPMENT CENTER
FACILITY NUMBER: 430709840
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/06/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/20/2023
Section Cited
CCR
101229(a)(1)
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101229(a)(1):Responsibility for Providing Care and Supervision:(a) The Licensee shall provide care and supervision… to meet the children’s needs.
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Director stated that she will submit a plan to ensure that the children are properly supervised at all times. Director will submit by the POC date, 6/20/2023.
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(1) No child(ren) shall be left without the supervision of a teacher at any time… Supervision shall include visual observation. This was not met by:This requirement was not met as evidenced by: On April 18, 2022, video footage shows child (C1) being hit by 2 other children (C2-C3) in the classroom. Staff was seen with her back against the children and has no visual view of the children in care. which poses/posed a potential health, safety or personal rights risk to persons 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: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 06/06/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/06/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 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
04/25/2023 and conducted by Evaluator Anna Morales
COMPLAINT CONTROL NUMBER: 07-CC-20230425082130

FACILITY NAME:HAPPY DAYS CHILD DEVELOPMENT CENTERFACILITY NUMBER:
430709840
ADMINISTRATOR:BASH & ARIE , HANNAFACILITY TYPE:
850
ADDRESS:220 BLAKE AVENUETELEPHONE:
(408) 296-5770
CITY:SANTA CLARASTATE: CAZIP CODE:
95051
CAPACITY:99CENSUS: 51DATE:
06/06/2023
UNANNOUNCEDTIME BEGAN:
02:45 PM
MET WITH:Dr. Merman MendozaTIME COMPLETED:
04:05 PM
ALLEGATION(S):
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1. Staff pulled child's bed causing child to fall to the ground
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Anna Morales conducted a subsequent complaint inspection to deliver investigation findings today. LPA met with Dr. Merman Mendoza.

On 4/26/ 2023, LPA interviewed six staff and the director who stated that they have never seen any of the staff pulling a child's bed causing the child to fall.

Continue on following page, LIC9099C
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 06/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/06/2023
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 07-CC-20230425082130
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: HAPPY DAYS CHILD DEVELOPMENT CENTER
FACILITY NUMBER: 430709840
VISIT DATE: 06/06/2023
NARRATIVE
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On 5/11/23 and on 5/15/2023, LPA interviewed a total of eight parents including parent(s) who currently don't have their child(ren) attending the preschool. Parents of the children who are currently enrolled stated that they don't have any concerns and are happy with the the services their child(ren) are receiving. The Parents whose children are no longer enrolled stated that they were happy with the preschool and did not have any concerns.

Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove that the above allegation did or did not occur, therefore the allegation is UNSUBSTANTIATED.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 06/06/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/06/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5