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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434413900
Report Date: 05/29/2024
Date Signed: 05/29/2024 11:46:58 AM

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: 6DATE:
05/29/2024
UNANNOUNCEDTIME BEGAN:
10:40 AM
MET WITH:Kamal GillTIME COMPLETED:
11:50 AM
ALLEGATION(S):
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Staff are commingling daycare children.
INVESTIGATION FINDINGS:
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On 5/29/24, at 10:40 AM, Licensing Program Analyst (LPA) Doni Fici arrived unannounced to conduct a subsequent complaint investigation visit and to delivery findings on the above allegation. LPA met and was greeted by Licensee, Kamal Gill and explained the purpose of today’s visit.

During the course of the investigation, LPA interviewed three (3) staff, and 3 parents and requested and obtained the following documents: Children's roster, staff roster, needs and service plans, Identification and emergency information, physician reports, facility’s activity schedule, food menu (March 2024), personnel schedule (Lic500), and Brightwheels children's roster for preschool and toddlers.



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

DATE: 05/29/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/29/2024
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
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: DATE:
05/29/2024
UNANNOUNCEDTIME BEGAN:
10:40 AM
MET WITH:Kamal GillTIME COMPLETED:
11:50 AM
ALLEGATION(S):
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Staff are inappropriately restraining daycare children to strollers.
INVESTIGATION FINDINGS:
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On 5/29/24, at 10:40 AM, Licensing Program Analyst (LPA) Doni Fici arrived unannounced to conduct a subsequent complaint investigation visit and to delivery findings on the above allegation. LPA met and was greeted by Licensee, Kamal Gill and explained the purpose of today’s visit.

During the course of the investigation, LPA interviewed 3 staff and 3 parents, and requested and obtained the following documents: Children's roster, staff roster, needs and service plans, Identification and emergency information, physician reports, facility’s activity schedule, food menu (March 2024), personnel schedule (Lic500), and Brightwheels children's roster for preschool and toddlers.



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

DATE: 05/29/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/29/2024
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 2 of 5
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: 05/29/2024
NARRATIVE
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It was alleged that: Staff are inappropriately restraining daycare children to strollers. Based on interviews and observation conducted, LPA was informed by staff that children are not restraint in strollers and infants are taken out during activity time and pushed around. LPA confirmed with staff that infants' play in the infants’ room until their parents come to pick their infant up from the center. During visit on 4/19/2024, LPA observed an infant in a stroller being pushed around by infant staff.

Based on interviews, record reviews, observations, and evidence gathered during the course of the investigation, it is concluded that although the allegations noted on this complaint may have happened or is valid, there is not a preponderance of evidence to prove that the alleged violations did or did not occur. The allegation is UNSUBSTANTIATED.

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

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

DATE: 05/29/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/29/2024
LIC9099 (FAS) - (06/04)
Page: 3 of 5
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: 05/29/2024
NARRATIVE
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It was alleged that: Staff are commingling daycare children. Based on observation, record review, and interviews with three (3) parents, and staff. LPA observed and confirmed that three (3) out of three (3) children are enrolled in the preschool class and were seen in the toddlers’ class on 4/19/2024, around approximately 5:34PM during LPAs visit.

Based on interview, which was 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 B deficiency was cited on the attached page (809-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 Licensee, and a copy of this report reviewed and provided alone with appeal rights.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Liridon Fici
LICENSING EVALUATOR SIGNATURE:

DATE: 05/29/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/29/2024
LIC9099 (FAS) - (06/04)
Page: 4 of 5
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: 05/29/2024
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/05/2024
Section Cited
CCR
1596.956(a)(6)
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1596.956(a)(6) Child day care centers serving infants...(a) The department shall develop guidelines and procedures to authorize licensed child daycare centers serving infants to... (6) The toddler program shall be conducted in areas separate from those used by older or younger children...
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Licensee will submit a signed and dated written self-certification from all staff members regarding the regulation in Health and safety code, section 1596.956- Child day care centers serving infants; optional toddler program; departmental guidelines and regulations to CCL by POC due date.
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This requirement is not met as evidenced by: Based on observation, interviews, and record review, the licensee did not comply with the section cited above by commingling C1, C2, and C3 between preschool and toddlers class 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: 05/29/2024
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 05/29/2024
LIC9099 (FAS) - (06/04)
Page: 5 of 5