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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434412021
Report Date: 08/26/2024
Date Signed: 08/27/2024 08:58:15 AM

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
06/14/2024 and conducted by Evaluator Farida Raja
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20240614142541
FACILITY NAME:MONTESSORI WAYFACILITY NUMBER:
434412021
ADMINISTRATOR:BEHJAT GHAMARIFACILITY TYPE:
850
ADDRESS:4245 MEG DRIVETELEPHONE:
(408) 448-1499
CITY:SAN JOSESTATE: CAZIP CODE:
95136
CAPACITY:43CENSUS: 21DATE:
08/26/2024
UNANNOUNCEDTIME BEGAN:
09:26 AM
MET WITH:Behjat GhamariTIME COMPLETED:
10:35 AM
ALLEGATION(S):
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Staff yelled at daycare child.
INVESTIGATION FINDINGS:
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On 08/26/2024 at 9:26am, Licensing Program Analyst (LPA), Farida Raja, conducted an unannounced complaint visit to deliver findings for the above allegation. LPA met with Director, Behjat Ghamari and explained the purpose of today's visit.

During today's inspection, LPA toured the facility and observed ratios. During the course of this investigation, LPA interviewed director, staff and children and reviewed relevant records.

Based on staff interviews, staff stated that they have not observed any staff yell or show any behaviors toward children that are of concern. Staff stated that they do not yell but use a louder voice to get attention when there is a lot of activity and children are unable to hear or are farther away.

Based on children’s interviews, children stated that when they do something wrong and staff are upset with them, they yell at them. All children stated that staff do not shove or hurt them.
Continued on Page 2
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 08/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2024
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-20240614142541
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: MONTESSORI WAY
FACILITY NUMBER: 434412021
VISIT DATE: 08/26/2024
NARRATIVE
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Based on 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. One Type A deficiency was cited today on the attached LIC 9099 D.

Due to the issuance of a Type A Citation during today's inspection, a copy of this Licensing Report must be given to each existing parent by the end of today or next day child is in care, and to any newly enrolled parents/guardians enrolled over the next 12 months from the date of this report. In addition, a copy of the LIC 9224 Acknowledgement of Receipt of Licensing Reports must be signed by each parent and kept in each child's file.

Exit interview conducted with Director, Behjat Ghamari. Appeal rights and LIC 9224 were printed and provided to Director.

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

DATE: 08/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2024
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
06/14/2024 and conducted by Evaluator Farida Raja
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20240614142541

FACILITY NAME:MONTESSORI WAYFACILITY NUMBER:
434412021
ADMINISTRATOR:BEHJAT GHAMARIFACILITY TYPE:
850
ADDRESS:4245 MEG DRIVETELEPHONE:
(408) 448-1499
CITY:SAN JOSESTATE: CAZIP CODE:
95136
CAPACITY:29CENSUS: 21DATE:
08/26/2024
UNANNOUNCEDTIME BEGAN:
09:26 AM
MET WITH:Behjat GhamariTIME COMPLETED:
10:35 AM
ALLEGATION(S):
1
2
3
4
5
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7
8
9
Staff shoved daycare child.
INVESTIGATION FINDINGS:
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9
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13
On 08/26/2024 at 9:26am, Licensing Program Analyst (LPA), Farida Raja, conducted an unannounced complaint visit to deliver findings for the above allegation. LPA met with Director, Behjat Ghamari and explained the purpose of today's visit.

During today's inspection, LPA toured the facility and observed ratios. During the course of this investigation, LPA interviewed director, staff and children and reviewed relevant records.

Based on staff interviews, staff stated that they have not observed any staff shove children or show any behaviors toward children that are of concern.

Based on children’s interviews, children stated that no staff shove or hurt them.

Continued on Page 2
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 08/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 07-CC-20240614142541
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: MONTESSORI WAY
FACILITY NUMBER: 434412021
VISIT DATE: 08/26/2024
NARRATIVE
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Based on LPA observations during site visits, staff interviews, children interviews and evidence gathered at this time, it is concluded that although the allegation listed above may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur. The allegation is thus UNSUBSTANTIATED.

Exit interview conducted with Director, Behjat Ghamari.

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

DATE: 08/26/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 07-CC-20240614142541
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: MONTESSORI WAY
FACILITY NUMBER: 434412021
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/26/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/27/2024
Section Cited
CCR
101223(a)(1)
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101223 Personal Rights (a) (1) To be accorded dignity in his/her personal relationships with staff and other persons.

This requirement is not met as evidenced by:
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Director will ensure all staff are trained on personal rights regulations and ensure all children are treated with dignity and respect. Director stated that retraining will be conducted with staff. Proof of correction to be sent to CCL by POC due date of 08/27/2024.
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Based on children’s interviews, children stated that when they do something wrong and staff are upset with them, they yell at them. This poses an immediate risk to the Health, Safety, or Personal Rights of children in care.
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A copy of this licensing report dated 08/26/2024 that documents a Type A citation must be provided 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.
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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: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 08/26/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5