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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434415820
Report Date: 09/24/2025
Date Signed: 09/24/2025 09:42:56 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
08/27/2025 and conducted by Evaluator Andy Yang
COMPLAINT CONTROL NUMBER: 07-CC-20250827160349
FACILITY NAME:KIDDIE ACADEMY OF ALMADEN VALLEYFACILITY NUMBER:
434415820
ADMINISTRATOR:OLIVIA LOPEZFACILITY TYPE:
850
ADDRESS:16607 ALMADEN EXPRESSWAYTELEPHONE:
(408) 752-4803
CITY:SAN JOSESTATE: CAZIP CODE:
95120
CAPACITY:142CENSUS: 48DATE:
09/24/2025
UNANNOUNCEDTIME BEGAN:
08:30 AM
MET WITH:Lilia TalamantesTIME COMPLETED:
10:15 AM
ALLEGATION(S):
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Qualifications - Licensee allowed unqualified staff to provide care and supervision to day care children without supervision of a qualified teacher.
INVESTIGATION FINDINGS:
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On 9/24/2025, Licensing Program Analyst (LPA) Andy Yang conducted an unannounced complaint investigation. LPA met with Director, Lilia Talamantes to deliver the complaint allegations mentioned above. Present for today’s inspection were Director, (10) staff, and (48) children. LPA toured the indoor areas of the facility.

LPA reviewed records, inspected the indoor and outdoor areas, and interviewed the Director, Staff and Co-owners (Rick Kowalczyk & Jennifer Zhang).


***Continue Page 2***
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Andy Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 09/24/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/24/2025
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 6
Control Number 07-CC-20250827160349
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: KIDDIE ACADEMY OF ALMADEN VALLEY
FACILITY NUMBER: 434415820
VISIT DATE: 09/24/2025
NARRATIVE
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***Page 2***

During the course of the investigation, LPA Yang interviewed the reporting party, licensee, and daycare staff. Additionally, LPA reviewed and obtained relevant records and conducted on-site observations. Interviews and documentation revealed that Staff 1 did not possess the required three units in Child Growth and Development or Human Growth and Development, nor were they enrolled in a course that would meet the qualifications for a fully qualified teacher during the months of July or August of 2025. Furthermore, the investigation determined that Staff 1’s schedule changed in July 2025, resulting in them arriving in the morning and supervising up to four preschool children alone. Staff 1 was left unsupervised with preschool children for approximately 30 minutes until Staff 2, a fully qualified preschool teacher, arrived. According to the staffing schedule for the week of August 25, 2025, Staff 1's shift began at 7:30 AM, while Staff 2 arrived at 8:15 AM.

Based on LPA’s observation and interviews which were conducted and record reviews, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED California Code of Regulations, 101216.1(c)(1)(A), is being attached on the LIC 9099D.

A notice of site visit was given and must remain posted for 30 days. Appeal Rights provided.



Exit interview conducted and report was reviewed with the Director, Lilia Talamantes.

SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Andy Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 09/24/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/24/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 6
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
08/27/2025 and conducted by Evaluator Andy Yang
COMPLAINT CONTROL NUMBER: 07-CC-20250827160349

FACILITY NAME:KIDDIE ACADEMY OF ALMADEN VALLEYFACILITY NUMBER:
434415820
ADMINISTRATOR:OLIVIA LOPEZFACILITY TYPE:
850
ADDRESS:16607 ALMADEN EXPRESSWAYTELEPHONE:
(408) 752-4803
CITY:SAN JOSESTATE: CAZIP CODE:
95120
CAPACITY:142CENSUS: 48DATE:
09/24/2025
UNANNOUNCEDTIME BEGAN:
08:30 AM
MET WITH:Lilia TalamantesTIME COMPLETED:
10:15 AM
ALLEGATION(S):
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Physical Plant - Licensee did not ensure facility was free from pests.
Lack of Supervision - Staff left day care child unattended in the classroom.
INVESTIGATION FINDINGS:
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On 9/24/2025, Licensing Program Analyst (LPA) Andy Yang conducted an unannounced complaint investigation. LPA met with Director, Lilia Talamantes to deliver the complaint allegations mentioned above. Present for today’s inspection were Director, (10) staff, and (48) children. LPA toured the indoor areas of the facility.

LPA reviewed records, inspected the indoor and outdoor areas of the facility, and interviewed the Director, Staff and Co-owners (Rick Kowalczyk & Jennifer Zhang).


***Continue Page 2***
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Andy Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 09/24/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/24/2025
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 3 of 6
Control Number 07-CC-20250827160349
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: KIDDIE ACADEMY OF ALMADEN VALLEY
FACILITY NUMBER: 434415820
VISIT DATE: 09/24/2025
NARRATIVE
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***Page 2***
During the course of the investigation, LPA Yang interviewed the reporting party, licensee, and daycare staff. Additionally, LPA reviewed and obtained relevant records and conducted on site observations. Regarding the allegation that the licensee did not ensure the facility was free of pests, based on interviews, documentation review, and observations revealed that ants were observed on the premises of the daycare facility. Documentation indicated that the facility followed its pest removal and prevention protocol to address the ant issue on or around 8/18/2025. Furthermore, during observations conducted on September 4, 2025, the LPA observed ants in Lion classroom, crawling under the door leading to the outdoor play area. That same morning, the facility was notified and implemented its pest prevention protocol to remove the ants. Staff interviews revealed no indication of additional pests in the facility, and no ants were observed in the classroom following the incident on September 4, 2025. At the time of the inspection, there was no evidence of any other pests present at the facility. Although ants were observed, the facility demonstrated that it has established protocols in place to manage pest issues. The presence of ants did not rise to the level of an infestation, nor did it pose an immediate risk to the health and safety of children in care.

Regarding the second allegation that the licensee left a daycare child unattended in the classroom, the investigation revealed that during transition to the outdoor play yard, staff are required to conduct name-to-face counts at each door and gate to ensure all children are accounted for. Staff interviewed stated that no child was left in the classroom and that all children were properly transitioned to the outdoor play yard on August 14, 2025. The scheduled outdoor time for Pegasus classroom was from 3:15 PM to 4:15 PM. Although the facility conducted its own internal investigation and was unable to corroborate the above-mentioned allegation, interviews conducted throughout the investigation revealed inconsistent statements regarding whether a staff member escorted a child from the classroom to the outdoor play yard. However, these accounts did not establish a clear connection to a child being left alone in the classroom and therefore could not prove the allegation did or did not occur.

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SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Andy Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 09/24/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/24/2025
LIC9099 (FAS) - (06/04)
Page: 4 of 6
Control Number 07-CC-20250827160349
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: KIDDIE ACADEMY OF ALMADEN VALLEY
FACILITY NUMBER: 434415820
VISIT DATE: 09/24/2025
NARRATIVE
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***Page 3***

Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations is unsubstantiated.

No deficiency issued for these allegations. Appeal Rights provided.



A notice of site visit was given and must remain posted for 30 days.

Exit interview conducted and report was reviewed with the Licensee, Lilia Talamantes
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Andy Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 09/24/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/24/2025
LIC9099 (FAS) - (06/04)
Page: 5 of 6
Control Number 07-CC-20250827160349
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: KIDDIE ACADEMY OF ALMADEN VALLEY
FACILITY NUMBER: 434415820
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/24/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
10/03/2025
Section Cited
CCR
101216.1(c)(1)(A)
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(c) To be a fully qualified teacher, a teacher shall have one of the following:
(1) Twelve post-secondary semester or equivalent quarter units...and at least six months of work experience in a licensed child care center... (A)The units specified in (c)(1) ...the general areas of child growth and development, or human growth and development; child, family and community, or child and family; and program/curriculum.
This requirement is not met as evidence by:
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By Plan of Correction due date of 10/03/2025, Director will provide updated staff schedule, and statement acknowledging teacher aides cannot be left with children unsupervised by a qualified teacher.
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Based on interviews, observation and records review, Staff 1 did not have required early childhood education to be a qualified teacher, and was left supervising children without a qualified teacher, which poses a potential risk to the health and safety of 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: Andy Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 09/24/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/24/2025
LIC9099 (FAS) - (06/04)
Page: 6 of 6