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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434415215
Report Date: 08/05/2025
Date Signed: 08/05/2025 01:43:20 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
07/28/2025 and conducted by Evaluator Martha Jimenez-Villanueva
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20250728125525
FACILITY NAME:LIDIA'S PRESCHOOL AND DAY CARE CENTERFACILITY NUMBER:
434415215
ADMINISTRATOR:ATKINS, MARIAFACILITY TYPE:
850
ADDRESS:637 CALERO AVENUETELEPHONE:
(669) 234-7886
CITY:SAN JOSESTATE: CAZIP CODE:
95123
CAPACITY:18CENSUS: 7DATE:
08/05/2025
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Maria Atkins TIME COMPLETED:
01:50 PM
ALLEGATION(S):
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License -Licensee is operating beyond the scope of their license.
INVESTIGATION FINDINGS:
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On 08/05/2025, at 9:35AM, Licensing Program Analyst (LPA) Martha Jimenez-Villanueva conducted an unannounced complaint investigation for the above allegation. LPA met with Maria Atkins Director and explained the reason for the inspection. Director was alone with 4 children providing breakfast. 5 minutes later an Indian couple with a small female child dropped off the child. At 11:00am a child arrived from doctor appointment. LPA toured the facility and found two schoolers in off limits area.

Based on interviews, file reviews, observations and evidence gathered, which were conducted, the Department concludes that the facility is operating beyond the scope of license since LPA observed one schooler in care and Director Atkins stated she is providing care. The preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

LPA Martha Jimenez-Villanueva informed Director Maria Atkins that this report dated August 5, 2025, documents one 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.
Continues in next page.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Martha Jimenez-Villanueva
LICENSING EVALUATOR SIGNATURE:

DATE: 08/05/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/05/2025
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 3
Control Number 07-CC-20250728125525
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: LIDIA'S PRESCHOOL AND DAY CARE CENTER
FACILITY NUMBER: 434415215
VISIT DATE: 08/05/2025
NARRATIVE
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Also, LPA Martha Jimenez-Villanueva informed the Director to provide a copy of this licensing report dated 08/05/2025 that documents any Type A citations 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.

An immediate $500 civil penalty has been assessed and documented on LIC 9099 D. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted and report was reviewed with the Director Maria Atkins in Spanish.
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Martha Jimenez-Villanueva
LICENSING EVALUATOR SIGNATURE:

DATE: 08/05/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/05/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 07-CC-20250728125525
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: LIDIA'S PRESCHOOL AND DAY CARE CENTER
FACILITY NUMBER: 434415215
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/05/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
08/06/2025
Section Cited
CCR
101161(a)
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101161 Limitations on Capacity
(a) A licensee shall not operate a child care center beyond the conditions and limitations specified on the license, including the capacity limitation.This requirement was not met as evidenced by
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Director will review regulation and submit a written statement of her understanding of the regulation and how she will prevent this from happening again by end of business day on 08/06/2025.
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LPA observed one schooler in care and Director stated was providing care. This poses an immediate risk to the Health, Safety or Personal Rights to children 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: Susy Cervantes
LICENSING EVALUATOR NAME: Martha Jimenez-Villanueva
LICENSING EVALUATOR SIGNATURE:

DATE: 08/05/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/05/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 3