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32 | During Required – 1 year inspection conducted on 10/11/2023, Director was informed that since the business has changed from sole proprietorship to a corporation the Licensee will need to submit a new application for change of ownership. Licensee submitted a new application on 11/27/2023 but withdrew the application on 06/06/2024 stating that she will continue to operate as an individual proprietor. Based on review of lease agreement from 06/01/2022, the lease is between the San Jose Unified School District and Montessori Way, Inc., a California corporation ("Tenant"). Lease agreement confirms that facility is currently operating as a corporation (Montessori Way, Inc.). Based on interview with Director, she stated that since they withdrew the application just last week she has not made any changes to the lease and was in the process of communicating and working with the Centralized Application Bureau (CAB) to present a lease. One technical violation was issued. Director will submit a new lease agreement to Childcare Licensing showing proof of control of property.
Deficiencies issued on 10/11/2023 for missing Mandated Reporter Training's, 15 minute nap check log and Incidental Medical Services (IMS) plan are corrected and were cleared during today's inspection.
As a result of this inspection, one technical violation and Type B deficiencies including repeat violations were issued. Civil penalties of $750 were issued as a result of repeat violations. Exit Interview was conducted, where this report, the citations, plan of corrections, and appeal rights were reviewed and discussed with Director, Behjat Ghamari. LPA reminded Licensee that failure to correct deficiencies by Plan of Correction Due Date may result in civil penalties of $100 per day per violation until the correction is made.
LPA had technical difficulties with printer and emailed a copy of the reports to Director, Behjat Ghamari.
A NOTICE OF SITE VISIT WAS ISSUED, AND MUST BE POSTED FOR 30 CONSECUTIVE DAYS. |
Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
07/05/2024
Section Cited
HSC
1596.7995(a)(1)
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7 | 1596.7995 (a)(1) Commencing September 1, 2016, a person shall not be employed or volunteer at a day care center if he or she has not been immunized against influenza, pertussis, and measles. Each employee and volunteer shall receive an influenza vaccination between August 1 and December 1 of each year. This requirement is not met as evidenced by: | 1
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7 | Director to submit proof of immunizations for two staff by plan of correction date of 07/05/2024. |
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14 | Based on records reviewed, the licensee did not comply with the section cited above which poses a potential health, safety or personal rights risk to persons in care. Staff, S1 and S3 are missing proof of immunizations for measles and pertussis. | 8
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Type B
07/05/2024
Section Cited
CCR101216(g)(1)
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7 | (1) Except as specified in (3) below, good physical health shall be verified by a health screening, including a test for tuberculosis, performed by or under the supervision of a physician not more than one year prior to or seven days after employment or licensure. This requirement is not met as evidenced by: | 1
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7 | Director to submit proof of Heath Screening and TB test for one staff to LPA by plan of correction date of 07/05/2024. |
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14 | Based on record review, the licensee did not comply with the section cited above for one staff (S1) which poses a potential health, safety or personal rights risk to persons in care. | 8
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Deficiency Type
POC Due Date /
Section Number | DEFICIENCIES | PLAN OF CORRECTIONS(POCs) |
Type B
07/05/2024
Section Cited
HSC
1597.16(a)(1)
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7 | (1) A licensed child day care center, as defined in Section 1596.76, that is located in a building that was constructed before January 1, 2010, shall have its drinking water tested for lead contamination levels on or after January 1, 2020, but no later than January 1, 2023, and every five years after the date of the initial test. This requirement is not met as evidenced by: | 1
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7 | Director will complete water lead testing and submit report along with the required forms to LPA by 07/05/2024. |
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14 | Based on interview, the licensee did not comply with the section cited above which poses a potential health, safety or personal rights risk to persons in care. Director stated that the water lead testing was completed by School District. Director stated that not all water outlets used for drinking and food preparation purposes in the Montessori Way classrooms and outdoor areas were tested. LPA informed Director that all water outlets used for drinking and food preparation need to be tested. LPA provided Director with a copy of PIN 21-21.2-CCP. | 8
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Type B
07/05/2024
Section Cited
CCR101220(a)
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7 | (a) Prior to, or within 30 calendar days following the enrollment of a child, the licensee shall obtain a written medical assessment of the child. This medical assessment enables the licensee to assess whether the center can provide necessary health-related services to the child. This requirement is not met as evidenced by: | 1
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7 | Director will obtain Physician's Report for two children and submit proof to LPA by plan of correction date of 07/05/2024. |
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14 | Based on record reviews, the licensee did not comply with the section cited above which poses a potential health, safety or personal rights risk to persons in care. Two children, C4 and c8 are missing the Physician's Report. | 8
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