434413902-10-19-2023-07-CC-JSEA-CZB37A-20240108165931

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 434413902
Report Date: 10/19/2023
Date Signed: 10/19/2023 07:49:56 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-20231010095515

FACILITY NAME:	GENIUS KIDS		FACILITY NUMBER:	434413902
ADMINISTRATOR:	JENNIFER KWONG		FACILITY TYPE:	850
ADDRESS:	174 W. MAIN AVENUE		TELEPHONE:	(408) 782-2636
CITY:	MORGAN HILL	STATE: CA	ZIP CODE:	95037
CAPACITY:	86	CENSUS: 67	DATE:	10/19/2023
		UNANNOUNCED	TIME BEGAN:	03:15 PM
MET WITH:	Kamal Gill		TIME COMPLETED:	05:00 PM

ALLEGATION(S):

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Facility is out of ratio
Unqualified staff providing care to day care children

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Samantha Yip conducted an unannounced complaint investigation. LPA was let into the facility at 2:37PM. LPA met with Director Jennifer Kwong and explained the reason for the inspection. Licensee Kamal Gill arrived shortly after. LPA explained the reason for the inspection to Licensee.

During today's inspection, LPA conducted observation and reviewed staff files. Based on the information obtained, the above allegations are found to be SUBSTANTIATED, meaning the above allegations are valid because the preponderance of the evidence standard has been met.

----------------continues on 9099 dated 10/19/2023 page 2---------------------

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Joel Segura	TELEPHONE: (408) 334-8550
LICENSING EVALUATOR NAME: Samantha Yip	TELEPHONE: (408) 529-8128
LICENSING EVALUATOR SIGNATURE:	DATE: 10/19/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/19/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 07-CC-20231010095515

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: 434413902
	VISIT DATE: 10/19/2023

NARRATIVE

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---------------continuation of 9099 dated 10/19/2023 page 1------------------------

LPA observed that there were 25 children with 2 staff in Pre-K. In Preschool #2, there were 24 children with 2 staff; a fully qualified and an aide with no units. In the middle area of the center, there were 18 children with S-1 and S-2. S-1 has only completed 11 units and S-2 has not completed any units. At 2:52PM, LPA observed that there was 18 children with one (1) staff in Preschool #2. LPA provided Licensee with the capacity and ratio sheet during today's inspection.

As a result of this inspection, Type A citations were issued. A civil penalty of $250 was assessed for Repeat Violation. 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; along with the 9099 report.

LPA Samantha Yip informed Licensee Kamal Gill that this report dated 10/19/2023 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 facility representative to provide a copy of this licensing report dated 10/19/2023 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.

SUPERVISOR'S NAME: Joel Segura	TELEPHONE: (408) 334-8550
LICENSING EVALUATOR NAME: Samantha Yip	TELEPHONE: (408) 529-8128
LICENSING EVALUATOR SIGNATURE:	DATE: 10/19/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/19/2023

LIC9099 (FAS) - (06/04)

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Control Number 07-CC-20231010095515

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: 434413902
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 10/19/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type A 10/20/2023 Section Cited CCR 101216.1(c)(1)	1 2 3 4 5 6 7	Teacher Qualifications and Duties. To be a fully qualified teacher, a teacher shall have one of the following: Twelve post-secondary semester or equivalent quarter units in early childhood education or child development completed, with passing grades, at an accredited or approved college or university; and at least six months of work experience in a licensed child care center or comparable group child care program. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	By POC 10/19/2023, Licensee will submit staffing schedule to show how there is a fully qualified teacher in the classroom at all time.
	8 9 10 11 12 13 14	Based on record reviews, the middle area did not have a fully qualified teacher in the room and in Preschool #2, there was 24 children with only one fully qualified teacher. This poses an immediate health and safety risk to children in care.	8 9 10 11 12 13 14
Type A 10/20/2023 Section Cited CCR 101216.3(a)	1 2 3 4 5 6 7	Teacher-Child Ratio. There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance, except as specified in (b) and (c) below. This requirement is not met as evidenced by:	1 2 3 4 5 6 7	By 10/20/2023, Licensee will submit written plan on how she will ensure that each room is within ratio and submit staffing schedule to Licensing.
	8 9 10 11 12 13 14	Based on record review and observation, Pre-K had 25 children with 2 fully qualified teachers, Preschool #2 had 24 children with two staff, whom one was only fully qualified, and preschool room #5 had 18 children with 2 staff, whom none are fully qualified teacher. This poses a immediate health and safety risk to children in care.	8 9 10 11 12 13 14

Failure to correct the cited deficiency(ies), on or before the Plan of Correction (POC) due date, may result in a civil penalty assessment.

SUPERVISOR'S NAME: Joel Segura	TELEPHONE: (408) 334-8550
LICENSING EVALUATOR NAME: Samantha Yip	TELEPHONE: (408) 529-8128
LICENSING EVALUATOR SIGNATURE:	DATE: 10/19/2023

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 10/19/2023

LIC9099 (FAS) - (06/04)

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