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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 430710492
Report Date: 12/10/2025
Date Signed: 12/10/2025 05:30:49 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
11/07/2025 and conducted by Evaluator Marilou Monico
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20251107131114
FACILITY NAME:ACTION DAY NURSERYFACILITY NUMBER:
430710492
ADMINISTRATOR:STRANGE, BRITTANYFACILITY TYPE:
830
ADDRESS:3030 MOORPARK AVENUETELEPHONE:
(408) 249-0668
CITY:SAN JOSESTATE: CAZIP CODE:
95128
CAPACITY:97CENSUS: 59DATE:
12/10/2025
UNANNOUNCEDTIME BEGAN:
04:00 PM
MET WITH:Brittany Strange & Kelsea SuhrTIME COMPLETED:
05:40 PM
ALLEGATION(S):
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Staff left infants unsupervised.
Staff is force feeding children.
Staples were accessible to infants.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Marilou Monico, made a follow up complaint investigation and to deliver findings. LPA met with Site Director, Brittany Strange, and Admin, Kelsea Suhr and explained to them the purpose of the inspection. LPA toured the facility. LPA observed 15 staff members and 59 children.

During the course of the investigation, LPA conducted observations, interviewed staff, and obtained documents. Based on interviews with staff, Staff (S1) was observed leaving children in Room 2 unsupervised. S1 was witnessed forcing infants to finish their bottles of milk or forcing them to drink even the child is refusing. Based on interviews, during the first week of November 2025, S1 removed Halloween decorations on the wall leaving staples on the floor accessible to infants. The preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED.

As a result of this investigation, two Type A deficiencies and one Type B deficiency are cited on the attached LIC 9099Ds.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Deanna Villagrana
LICENSING EVALUATOR NAME: Marilou Monico
LICENSING EVALUATOR SIGNATURE:

DATE: 12/10/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/10/2025
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 4
Control Number 07-CC-20251107131114
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: 430710492
VISIT DATE: 12/10/2025
NARRATIVE
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LPA Monico informed Admin, Kelsea Suhr, that this report dated December 10, 2025 document two Type A citations which shall be posted for 30 consecutive days as there is immediate risk to the health, safety, or personal rights of children in care.

Also, LPA Monico informed the Admin to provide a copy of this licensing report dated December 10, 2025 that documents any 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 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child's file for verification.

Exit interview conducted and report was reviewed with Admin, Kelsea Suhr. Copy of appeal rights was provided to Kelsea.

A Notice of Site Visit was issued and must remain posted for 30 days.
SUPERVISORS NAME: Deanna Villagrana
LICENSING EVALUATOR NAME: Marilou Monico
LICENSING EVALUATOR SIGNATURE:

DATE: 12/10/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/10/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 07-CC-20251107131114
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: 430710492
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/10/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
12/11/2025
Section Cited
CCR
101429(a)(1)
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Responsibility for Providing Care and Supervision for Infants - (a) In addition to Section 101229, the following shall apply: (1) Each infant shall be constantly supervised and under direct visual observation and supervision by a staff person at all times.
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Site Director states that she will submit a detailed written plan by 12/11/25 to ensure that children are supervised at all times. Site Director states that an All Staff training regarding personal rights and supervision was conducted on 11/19/25.
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This requirement was not met as evidenced by: Staff (S1) was observed leaving infants in Room 2 unsupervised. This poses an immediate risk to the health, safety, and personal rights to persons in care.
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Type A
12/11/2025
Section Cited
CCR
101223(a)(3)
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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.
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Site Director states that she will submit a written plan by 12/11/25 to ensure that staff are following the proper feeding procedures that is in compliance with Title 22 Regulations.
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This requirement was not been met as evidenced by: Staff (S1) was witnessed force feeding infants. This poses an immediate risk to the health, safety, and personal rights 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: Deanna Villagrana
LICENSING EVALUATOR NAME: Marilou Monico
LICENSING EVALUATOR SIGNATURE:

DATE: 12/10/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/10/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 07-CC-20251107131114
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: 430710492
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 12/10/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
12/12/2025
Section Cited
CCR
101238(a)
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Buildings and Grounds - (a) The child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors.
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Site Director states that she will submit a written plan by 12/12/25 to ensure that the classrooms are safe for the daycare children at all times.
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This requirement was not met as evidenced by: Staff (S1) removed Halloween decorations on the wall leaving staples on the floor accessible to infants. This poses a potential risk to the health, safety, and personal rights 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: Deanna Villagrana
LICENSING EVALUATOR NAME: Marilou Monico
LICENSING EVALUATOR SIGNATURE:

DATE: 12/10/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 12/10/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 4