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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434413900
Report Date: 02/21/2024
Date Signed: 02/21/2024 02:56:20 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
02/16/2024 and conducted by Evaluator Liridon Fici
COMPLAINT CONTROL NUMBER: 07-CC-20240216150018
FACILITY NAME:GENIUS KIDSFACILITY NUMBER:
434413900
ADMINISTRATOR:HOURIEH GHARIBIFACILITY TYPE:
830
ADDRESS:174 W MAIN AVENUETELEPHONE:
(408) 782-2636
CITY:MORGAN HILLSTATE: CAZIP CODE:
95037
CAPACITY:21CENSUS: 11DATE:
02/21/2024
UNANNOUNCEDTIME BEGAN:
09:40 AM
MET WITH:Kamaljit GillTIME COMPLETED:
03:10 PM
ALLEGATION(S):
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Facility staff are restraining day care children in chairs.
INVESTIGATION FINDINGS:
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On 2/21/2024, at 9:40 AM, Licensing program analyst (LPA), Doni Fici arrived unannounced to conduct a 10-day initial complaint investigation visit. LPA was greeted by Kamaljit Gill, Licensee/owner and explained the purpose of today's visit.

During visit, LPA requested and obtained the following documents: Children's roster and staff roster. LPA interviewed four (4) staff members.

It was alleged that, Facility staff are restraining day care children in chairs. Based on observation, LPA observed children in care restraint in chairs during activity time. LPA advised licensee that it is not allowed and Licensee removed all restraints/ seat belts from all chairs.

Continue on Lic90990-C...
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Liridon Fici
LICENSING EVALUATOR SIGNATURE:

DATE: 02/21/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/21/2024
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-20240216150018
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: GENIUS KIDS
FACILITY NUMBER: 434413900
VISIT DATE: 02/21/2024
NARRATIVE
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Based on observation conducted, the preponderance of evidence standard has been met, therefore the above allegation was found to be Substantiated. California Code of Regulations, (Title 22, Division 12, Chapter 1) 102370(d)(1).

The following type A deficiency was cited on the attached page (809-D). Licensee was informed that failure to correct the deficiencies by the specified Plan of Correction (POC) Due Date may result in assessment of civil penalties in the amount of $100 per day per violation until the correction is made.

A NOTICE OF SITE VISIT WAS GIVEN AND MUST REMAIN POSTED FOR 30 DAYS.

Exit interview conducted with Licensee, and this report reviewed and provided.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Liridon Fici
LICENSING EVALUATOR SIGNATURE:

DATE: 02/21/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/21/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 07-CC-20240216150018
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: GENIUS KIDS
FACILITY NUMBER: 434413900
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/21/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
02/22/2024
Section Cited
CCR
101223(a)(7)
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101223(a)(7) Personal Rights: (a) The licensee shall ensure that each child is accorded the following personal rights: (7) Not to be placed in any restraining device. Postural supports may be used as specified in Section 101223.1.
This requirement is not met as evidenced by:
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Licensee agreed to submit a self-certification on section 101223- Personal rights and to submit to CCL by POC due date.

Licensee removed all seat belts/restraints during inspection.
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Based on observation, the licensee did not comply with the section cited above by putting children in chairs and using seat belt buckles/restraints on children which poses a immediate 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: Gladys Kuizon
LICENSING EVALUATOR NAME: Liridon Fici
LICENSING EVALUATOR SIGNATURE:

DATE: 02/21/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/21/2024
LIC9099 (FAS) - (06/04)
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