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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434413900
Report Date: 11/16/2023
Date Signed: 11/16/2023 03:54:40 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 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
10/10/2023 and conducted by Evaluator Samantha Yip
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20231010095509
FACILITY NAME:GENIUS KIDSFACILITY NUMBER:
434413900
ADMINISTRATOR:JENNIFER KWONGFACILITY TYPE:
830
ADDRESS:174 W MAIN AVENUETELEPHONE:
(408) 782-2636
CITY:MORGAN HILLSTATE: CAZIP CODE:
95037
CAPACITY:21CENSUS: 13DATE:
11/16/2023
UNANNOUNCEDTIME BEGAN:
10:24 AM
MET WITH:Kamal GillTIME COMPLETED:
11:59 AM
ALLEGATION(S):
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Unqualified staff providing care to day care children
Facility is out of ratio
Staff are not preparing food according to the posted menu
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Samantha Yip conducted an unannounced complaint investigation. LPA met with Licensee Sukbindar Gill and explained the reason for the inspection. Licensee Kamal Gill arrived shortly after. Upon entrance into the facility, the toddler room had 10 toddlers and two staff. The infant room had four infants and one staff.

During the course of this investigation, LPA conducted observation. LPA also reviewed staff files and the menu. LPA also interviewed staff and parents. Based on the information obtained, the above allegations are SUBSTANTIATED, meaning the preponderance of evidence standard has been met.

-----------------CONTINUES ON 9099 DATED 11/16/2023 PAGE 2--------------
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Joel Segura
LICENSING EVALUATOR NAME: Samantha Yip
LICENSING EVALUATOR SIGNATURE:

DATE: 11/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023
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-20231010095509
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: GENIUS KIDS
FACILITY NUMBER: 434413900
VISIT DATE: 11/16/2023
NARRATIVE
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-----------CONTINUATION OF 9099 DATED 11/16/2023 PAGE 1-----------------

Upon arrival, LPA observed that there was two staff and 10 children. Both staff do not have units. LPA observed around 11:45AM that two were in the room. Both staff are fully qualified infant teacher.

Based on interview and record review, the snack listed on the menu for the morning is yogurt and fruit. Staff stated that the snack provided this morning was cereal.

As a result of this inspection, Type A and Type B citations were issued. Exit interview conducted and report was reviewed with Licensee Kamal Gill. A notice of site visit has been issued and must remain posted for 30 days.

LPA Samantha Yip informed Licensee Kamal Gill that this report dated 11/16/2023 document(s) two 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.

Also, LPA Samantha informed the Licensee to provide a copy of this licensing report dated 11/16/2023 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 (LIC 9224), or other written statement, must be placed in the child's file for verification.

SUPERVISORS NAME: Joel Segura
LICENSING EVALUATOR NAME: Samantha Yip
LICENSING EVALUATOR SIGNATURE:

DATE: 11/16/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 07-CC-20231010095509
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: GENIUS KIDS
FACILITY NUMBER: 434413900
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/16/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/17/2023
Section Cited
HSC
1596.956(a)(4)
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Child day care centers serving infants; optional toddler program; departmental guidelines and regulations. A ratio of six children to each teacher shall be maintained for all children in attendance at the toddler program.
This requirement is not met as evidenced by:
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By POC 11/17/2023, Licensee will submit written plan outlining how she will ensure that toddler program is within ratio at all times.
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Based on observation and record reviews, LPA observed that S-1 and S-2 were with 10 toddlers. S-1 and S-2 do not have any completed units, which poses an immediate health and safety risk to children in care.
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Type A
11/17/2023
Section Cited
CCR
101416.2(c)(1)
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Infant Care Teacher Qualifications and Duties. Completion, with passing grades, of 12 postsecondary semester or equivalent quarter units in early childhood or child development education at an accredited or approved college or university.
This requirement is not met as evidenced by:
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By POC 11/17/2023, Licensee will submit plan on how the center will ensure that there is a fully qualified staff at all time and submit staff
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Based on observation and record review, LPA observed upon entrance to the facility that there was two staff and 10 toddlers. Both staff do not have any completed units, which poses an immediate health and safety risk to children in care.
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schedule.
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: Joel Segura
LICENSING EVALUATOR NAME: Samantha Yip
LICENSING EVALUATOR SIGNATURE:

DATE: 11/16/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 07-CC-20231010095509
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
CCLD Regional Office, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: GENIUS KIDS
FACILITY NUMBER: 434413900
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/16/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
11/22/2023
Section Cited
CCR
101227(a)(6)
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Food Services. Menus shall be in writing and shall be posted at least one week in advance in an area accessible for review by the child's authorized representative.
This requirement is not met as evidenced by:
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By POC 11/22/2023, Licensee will submit written plan outlining how she will ensure center is updating the menu whenever changes
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Based on interview and record review, facility did not offer the morning snack that was listed on the menu, which poses a potential health and safety risk to children.
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occur.
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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: Joel Segura
LICENSING EVALUATOR NAME: Samantha Yip
LICENSING EVALUATOR SIGNATURE:

DATE: 11/16/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/16/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5