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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434413900
Report Date: 03/20/2024
Date Signed: 03/20/2024 02:43:32 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
03/13/2024 and conducted by Evaluator Liridon Fici
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20240313143551
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: 7DATE:
03/20/2024
UNANNOUNCEDTIME BEGAN:
10:03 AM
MET WITH:HOURIEH GHARIBITIME COMPLETED:
02:50 PM
ALLEGATION(S):
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Staff are not following safe sleep practices.
Staff are not properly labeling the daycare children's items.
INVESTIGATION FINDINGS:
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On 3/20/2024, at 10:03 AM, Licensing program analyst (LPA), Doni Fici arrived unannounced to conduct a 10-day initial complaint investigation visit and to deliver findings on the above allegations. LPA was greeted by Hourieh, Gharibi, director and explained the purpose of today's visit. Shortly after, approximately 10:13 AM, area managed, Michael Frugoli arrived and greeted LPA.

During visit, LPA requested and obtained the following documents: Children's roster, staff roster, needs and service plans, Identification and emergency information, and physician reports for a sample of 4 infants. LPA interviewed one (1) staff member.



Continue on Lic9099-C...
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Liridon Fici
LICENSING EVALUATOR SIGNATURE:

DATE: 03/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/20/2024
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-20240313143551
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: 03/20/2024
NARRATIVE
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Continue from Lic9099

It was alleged that; Staff are not following safe sleep practices and Staff are not properly labeling the day-care children's items. Based on observation, LPA observed an application that the center uses for 15-minute sleep checks called Brightwheel and noticed that 7 out of 7 children do not have consistent 15-minute checks during nap time. LPA observed in the refrigerator pureed fruit pouches for C1 that is not labeled.

The following type B deficiencies were cited on the attached page (9099-D). Licensee was informed that failure to correct the deficiency 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 director, and area manager along with this report reviewed and provided with appeal rights.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Liridon Fici
LICENSING EVALUATOR SIGNATURE:

DATE: 03/20/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/20/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 4
Control Number 07-CC-20240313143551
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: 03/20/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
03/27/2024
Section Cited
CCR
101429(a)(2)(B)
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Responsibility for Providing Care and Supervision for Infants: (a) In addition to Section 101229, the following shall apply: (2) Sleeping infant(s) shall be directly observed... (B) Staff shall physically check on sleeping infant(s) every 15 minutes and document...
This requirement is not met as evidenced by:
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The director agreed to compose a self-certification on section 101429(a)(2)(B)- Responsibility for Providing Care and Supervision for Infants, and to have all infants staff members sign and date the letter and submit to CCL by POC due date.
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Based on observation, the licensee did not comply with the section cited above by not consistently logging 15-minute sleep checks for infants under the age of 2 years old, which poses a potential health, safety or personal rights risk to persons in care.
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Type B
03/27/2024
Section Cited
CCR
101427
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Infant Care Food Service: (j) Bottles, dishes and containers of food brought by the infant's authorized representative shall be labeled with the infant's name and the current date.

This requirement is not met as evidenced by:
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The director agreed to start labeling children's food items consistently and to submit a photo to CCL as proof by POC due date.
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Based on observation, the licensee did not comply with the section cited above by not labeling children's foods that are stored in the refrigerator, which poses a potential 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: 03/20/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/20/2024
LIC9099 (FAS) - (06/04)
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