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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434400448
Report Date: 08/15/2024
Date Signed: 08/19/2024 01:36:05 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
08/09/2024 and conducted by Evaluator Anna Morales
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20240809111843
FACILITY NAME:MARTINSON CHILD DEVELOPMENT CENTERFACILITY NUMBER:
434400448
ADMINISTRATOR:ALYSSIA SALAZARFACILITY TYPE:
850
ADDRESS:1350 HOPE DRIVETELEPHONE:
(408) 988-8296
CITY:SANTA CLARASTATE: CAZIP CODE:
95054
CAPACITY:70CENSUS: 22DATE:
08/15/2024
UNANNOUNCEDTIME BEGAN:
07:45 AM
MET WITH:Alyssia SalazarTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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1. Facility out of ratio.
INVESTIGATION FINDINGS:
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Licensing Program Analyst(LPA) Anna Morales conducted an initial complaint investigation.

At 7:45am, LPA observed three staff present ( two qualfiied teacher's assistant and one teacher's aide). No children were present. Staff (S1)informed LPA that they don't open until 8:00am. S1 stated that the Director arrives at 8:00am, and the children go to the Bumble bee classroom from 8am-9:00pm. S1 stated that at 9:00am some of the children will leave to go to their assigned classroom.

At 8:03am, LPA was greeted by Director Alyssia Salazar and observed children enter the Bumble bee classroom. LPA observed a total of seven children with the Director and S1(Qualified Teacher's assistant).
-continue on LIC9099C
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2024
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 4
Control Number 07-CC-20240809111843
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: MARTINSON CHILD DEVELOPMENT CENTER
FACILITY NUMBER: 434400448
VISIT DATE: 08/15/2024
NARRATIVE
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At 9:07am, LPA observed 10 children inside the Butterfly classroom with three staff(One qualified teacher (S4) and one qualified teacher's assistant(S2) and one teacher's aide (S3). The Director stated that the Caterpillar classroom is not being occupied at this time.
At 10:59am, LPA toured the Butterfly Classroom and observed 22 children with One Qualified Teacher(S5), One qualified Teacher's Assistant(S1) and One Aide(S3).

Based on LPA's observations during site visit, interviews conducted and evidence gathered during the investigation process, the Department found that the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

California Code of Regulations Title 22 are being cited on the attached LIC 9099D. Appeal Rights provided.

Exit interview was conducted with Director Alyssia Salazar.

A NOTICE OF SITE VISIT WAS ISSUED AND MUST REMAIN POSTED FOR 30 CONSECUTIVE DAYS.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 07-CC-20240809111843
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: MARTINSON CHILD DEVELOPMENT CENTER
FACILITY NUMBER: 434400448
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/15/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/22/2024
Section Cited
CCR
101216.3(b)(1)
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Teacher-Child Ratio - The licensee may use teacher aides in a teacher-child ratio of one teacher and one aide for every 15 children in attendance. (1) A ratio of one fully qualified teacher (as specified in Section 101216.1(c)) and one aide for every 18 children in attendance in a preschool program is allowed when the aide meets the qualifications specified in Section 101216.2(d).
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Director stated that she will submit a plan to ensure that she remains in ratio at all times and submit the plan by to CCL by the POC date.
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This requirement was not met as evidenced by: On 8/15/24, at 10:59am, LPA observed 22 chiildren were being supervisied by one fully qualified preschool teacher,a teacher's aide who completed 6 semester or equivalent quarter units in early childhood education and one teacher's aide who has not completed or is not in the process of early childhood education in the Butterfly classroom. This poses a potential risk to 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.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Anna Morales
LICENSING EVALUATOR SIGNATURE:

DATE: 08/15/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/15/2024
LIC9099 (FAS) - (06/04)
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