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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434415463
Report Date: 11/02/2023
Date Signed: 11/03/2023 08:27:10 AM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 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
10/30/2023 and conducted by Evaluator Yangcheng Huang
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20231030125754
FACILITY NAME:GUPTA, RENUKAFACILITY NUMBER:
434415463
ADMINISTRATOR:FACILITY TYPE:
810
ADDRESS:TELEPHONE:
CITY:STATE: ZIP CODE:
CAPACITY:8CENSUS: 14DATE:
11/02/2023
UNANNOUNCEDTIME BEGAN:
03:00 PM
MET WITH:Renuka GuptaTIME COMPLETED:
04:15 PM
ALLEGATION(S):
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Licensee is operating the facility out of capacity
INVESTIGATION FINDINGS:
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Licensing Program Analysts (LPAs), Oscar Huang and Sheena Chin, conducted an unannounced initial 10-day complaint investigation to the Facility. LPAs met with Licensee, Renuka Gupta and explained the nature of today's visit to her.

LPA observed licensee, her spouse, one helper, and 14 school-age no related children in the facility. The facility was operating over capacity. LPAs interviewed with licensee, and obtained copies of pertinent information.

Based on LPAs' observations, records reviewed, and interviews conducted, the preponderance of evidence standard has been met. Therefore, the above allegation is found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12 is being cited on the next page. Licensee was informed that failure to correct the deficiencies may result in civil penalties.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Yangcheng Huang
LICENSING EVALUATOR SIGNATURE:

DATE: 11/02/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/02/2023
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-20231030125754
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131
FACILITY NAME: GUPTA, RENUKA
FACILITY NUMBER: 434415463
VISIT DATE: 11/02/2023
NARRATIVE
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AB633 Parent Notification is required. This page (LIC9099 & 1099-C) along with LIC9099-D page shall be provided to all parents of children currently enrolled and any future children being enrolled for the next 12 months per AB633 requirements.

A Type A deficiency was cited. Exit interview conducted with and the report was given to with Licensee, Renuka Gupta.

A notice of site visit was issued and needs to be posted near the facility entrance along with the Type "A" deficiency and must remain posted for 30 consecutive days.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Yangcheng Huang
LICENSING EVALUATOR SIGNATURE:

DATE: 11/02/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/02/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 07-CC-20231030125754
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: GUPTA, RENUKA
FACILITY NUMBER: 434415463
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 11/02/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
11/03/2023
Section Cited
CCR
102416.5(b)(3)
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Staffing Ratio & Capacity: For a Small Family Child Care Home, the maximum number of children for whom care may be provided at any one time, including children under age 10 who reside at the licensee's home, shall be one of the following: (3) More than six and up to eight children, without an additional adult attendant, only if the criteria in Section 1597.44 of the Health and Safety Code are met.
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Licensee needs to immediately reduce the number of children to no more than total 8 children in care, no more than 2 infants of them. Licensee needs to submit CCL a written statement indicating what steps the licensee is going to implement to ensure that she is operating within the required capacity of her Small Family Child Care License by the POC due date.
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This requirement was not met as evidenced by: LPAs observed there were 14 school-age children in care during the time of inspection. This poses an immediately safety & health risk to children in care.
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According to AB 633, all parents of children currently enrolled and any future children being enrolled for the next 12 months must be provided with this report which contains this Type A deficiency.
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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: Yangcheng Huang
LICENSING EVALUATOR SIGNATURE:

DATE: 11/02/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 11/02/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 3