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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434400312
Report Date: 08/23/2024
Date Signed: 08/23/2024 01:27:03 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
06/17/2024 and conducted by Evaluator Mandeep Kaur
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20240617102629
FACILITY NAME:BRIGHT HORIZONS-SAN JOSEFACILITY NUMBER:
434400312
ADMINISTRATOR:REBECCA ADAMSFACILITY TYPE:
830
ADDRESS:6120 LISKA LANETELEPHONE:
(408) 225-3276
CITY:SAN JOSESTATE: CAZIP CODE:
95119
CAPACITY:32CENSUS: 17DATE:
08/23/2024
UNANNOUNCEDTIME BEGAN:
11:47 AM
MET WITH:Claire BradyTIME COMPLETED:
01:40 PM
ALLEGATION(S):
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Staff left day care child unattended in a classroom.
Staff do not ensure outdoor play areas are free from hazards.
Staff did not provide adequate supervision, resulting in a day care child sustaining injuries.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Mandeep Kaur and Licensing Program Manager, Belinda Devall met with the Site Director, Clair Brady, and explained purpose of visit- to deliver complaint investigation findings. LPA conducted complaint investigation comprising of interviews, observations, and records review. LPA toured the outdoor areas of the facility with Site Director during today's investigation.

Based on interviews, staff left a day care child(C1) unattended in the Toddler 3 classroom on May 30,2024. LPA observed missing resilient material to observe the fall around and under the small slide in the playarea. Director self-admitted that teachers have been observed standing at one place during multiple times in the playarea as no one observed how the child (C1) got injured in the playarea and staff heard the child(C1) crying on June 14, 2024, at 04:18PM.

The preponderance of evidence standard has been met, therefore the above allegations are SUBSTANTIATED.
**Continue on next page**
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Belinda Devall
LICENSING EVALUATOR NAME: Mandeep Kaur
LICENSING EVALUATOR SIGNATURE:

DATE: 08/23/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2024
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-20240617102629
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: BRIGHT HORIZONS-SAN JOSE
FACILITY NUMBER: 434400312
VISIT DATE: 08/23/2024
NARRATIVE
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**Continuation of 9099**

One "Type A" deficiency is being cited on the attached LIC 9099-D and civil penalty shall be assessed in the total amount of $500.

One “Type B” is being cited on the attached LIC 9099-D.

Exit interview conducted and report was reviewed with Site Director, Clair Brady and copy of appeal rights was provided. A notice of site visit has been issued and must remain posted for 30 days.

LPA informed Site Director that this report dated 08/23/2024 documents one Type A citation which shall be posted for 30 consecutive days as there is an immediate risk to the health, safety, or personal rights of children in care.

Assembly bill 633 was provided and discussed with Site Director. LPA informed the Site Director to provide a copy of this licensing report dated 08/23/2024 that documents any Type A citation(s) 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 (LIC9224), must be placed in the child's file for verification.
SUPERVISORS NAME: Belinda Devall
LICENSING EVALUATOR NAME: Mandeep Kaur
LICENSING EVALUATOR SIGNATURE:

DATE: 08/23/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 07-CC-20240617102629
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: BRIGHT HORIZONS-SAN JOSE
FACILITY NUMBER: 434400312
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/23/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/26/2024
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.
This requirement was not met as evidenced by:
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By POC 08/26/2024, Licensee will submit a proof of in-service training conducted to staff regarding Responsibility for Providing Care and Supervision on Infants to the department. Licensee will also submit to LPA a written plan of action indicating what steps will be implemented to ensure that infant multiple injuries can be prevented by POC due date.
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Based on interviews, a child (C1) was left unattended in Toddler 3 classroom on 05/30/2024 and no one observed how the child (C1) got injured in the playarea as staff heard the child(C1) crying on June 14,2024 at 04:18PM, which poses an immediate Health, Safety, or Personal Rights risk to persons in care.
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Random samples of A signed acknowledgement of Receipt of Licensing Report (LIC9224) by the currently enrolled parents, will be submitted to department by 08/26/2024.
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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: Belinda Devall
LICENSING EVALUATOR NAME: Mandeep Kaur
LICENSING EVALUATOR SIGNATURE:

DATE: 08/23/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 07-CC-20240617102629
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: BRIGHT HORIZONS-SAN JOSE
FACILITY NUMBER: 434400312
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/23/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/20/2024
Section Cited
CCR
101238.2(e)(1)(2)
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Outdoor Activity Space: (e) As a condition of licensure, the areas around and under high climbing equipment, swings, slides and other similar equipment shall be cushioned with material that absorbs falls.
(1) Sand, woodchips and peagravel, or rubber mats commercially produced for the purposes of (e) above, are permitted.
(2) The use of cushioning material other than that specified in (e)(1) above shall be approved by the Department prior to installation.
This requirement was not met as evidenced by:
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By POC 09/20/24, facility will submit proof of work order and proof of purchase of additional resilient material. Upon installation of addtional resilient material, facility will submit proof to the department.
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Based on observations, facility has missing resilient material to observe the fall around and under the small slide in the playarea, which poses 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: Belinda Devall
LICENSING EVALUATOR NAME: Mandeep Kaur
LICENSING EVALUATOR SIGNATURE:

DATE: 08/23/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
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
06/17/2024 and conducted by Evaluator Mandeep Kaur
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20240617102629

FACILITY NAME:BRIGHT HORIZONS-SAN JOSEFACILITY NUMBER:
434400312
ADMINISTRATOR:REBECCA ADAMSFACILITY TYPE:
830
ADDRESS:6120 LISKA LANETELEPHONE:
(408) 225-3276
CITY:SAN JOSESTATE: CAZIP CODE:
95119
CAPACITY:32CENSUS: 17DATE:
08/23/2024
UNANNOUNCEDTIME BEGAN:
11:47 AM
MET WITH:Claire BradyTIME COMPLETED:
01:40 PM
ALLEGATION(S):
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2
3
4
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Staff handled day care child in a rough manner.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Mandeep Kaur and Licensing Program Manager(LPM), Belinda Devall met with the Site Director, Clair Brady, and explained purpose of visit- to deliver complaint investigation findings. LPA conducted complaint investigation comprising of interviews with parents and staff and observations.

Based on interviews and observations during the investigation process, it is concluded that although the above allegation may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violation did or did not occur. The allegation is UNSUBSTANTIATED.

Exit interview conducted and report was reviewed with Site Director, Claire Brady.

Notice of site visit issued and must remain posted for 30 days.
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Belinda Devall
LICENSING EVALUATOR NAME: Mandeep Kaur
LICENSING EVALUATOR SIGNATURE:

DATE: 08/23/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/23/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 5 of 5