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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434416248
Report Date: 07/19/2023
Date Signed: 07/20/2023 07:54:41 PM

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
07/13/2023 and conducted by Evaluator Farida Raja
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20230713091123

FACILITY NAME:PRIMROSE SCHOOL OF EVERGREENFACILITY NUMBER:
434416248
ADMINISTRATOR:GERANNY NATIVIDADFACILITY TYPE:
850
ADDRESS:3008 ABORN ROADTELEPHONE:
(408) 440-8215
CITY:SAN JOSESTATE: CAZIP CODE:
95135
CAPACITY:165CENSUS: 65DATE:
07/19/2023
UNANNOUNCEDTIME BEGAN:
08:30 AM
MET WITH:Geranny Natividad and Mohit PatelTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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Unqualified staff are providing care to children alone without assistance
Facility is operating out of ratio
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), Farida Raja and Licensing Program Manager (LPM), Gladys Kuizon, conducted an unannounced initial 10 day complaint visit. LPM and LPA met Director, Geranny Natividad, Assistant Director, Anna Yin and Owners, Mohit Patel and Bejal Patel, and discussed the above allegations. LPM and LPA observed a total of 65 children and 13 teachers within the classrooms toured at the facility.

On July 13, 2023, the department recieved a complaint alleging that the facility was operating out of ratio and unqualified staff was providing care to children. On July 19, 2023, LPM and LPA conducted an unannounced initial visit and interviewed 14 staff. LPA conducted facility walkthrough and observed the ratios in each classroom. LPA reviewed staff-roster, schedules, trainings, experience and qualifications and obtained copies of relevant records.

Based on record review, 4 teachers (T1 to T4) do not meet minimum qualifications or experience as per Tiltle 22 California Code of Regulations, Section 101216.1
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2023
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-20230713091123
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: PRIMROSE SCHOOL OF EVERGREEN
FACILITY NUMBER: 434416248
VISIT DATE: 07/19/2023
NARRATIVE
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Based on interviews with teachers, T1 to T4, they confirmed that they are counted in ratio as fully qualified teachers.

Based on LPM and LPA observations during site visit, interviews conducted, records reviewed, and evidence gathered during the investigation process, the Department found that the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations Title 22 are being cited on the attached LIC 9099D.

Due to the issuance of a Type A Citation during today's inspection, a copy of this Licensing Report must be given to each existing parent by the end of today or next day child is in care, and to any newly enrolled parents/guardians enrolled over the next 12 months from the date of this report. In addition, a copy of the LIC 9224 Acknowledgement of Receipt of Licensing Reports must be signed by each parent and kept in each child's file.

Exit interview conducted with Director, Geranny Natividad, Assistant Director, Anna Yin and Owners, Mohit Patel and Bejal Patel. Appeal rights and LIC 9224 were printed and given to Director.

A NOTICE OF SITE VISIT WAS ISSUED AND MUST REMAIN POSTED FOR 30 CONSECUTIVE DAYS.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2023
LIC9099 (FAS) - (06/04)
Page: 3 of 5
Control Number 07-CC-20230713091123
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: PRIMROSE SCHOOL OF EVERGREEN
FACILITY NUMBER: 434416248
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/19/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
08/03/2023
Section Cited
CCR
101216.1(c)(1)
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Teacher Qualifications and Duties- a teacher shall have one of the following: 1)Twelve post-secondary semester or equivalent quarter units in early childhood education...and at least six months of work experience in a licensed... child care program.
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Director will submit a written plan of correction by POC Date of 07/20/2023.
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This requirement is not met as evidenced by: Based on interviewes with staff T1 to T4 they confirmed that they are counted in ratio as fully qualified teachers. This poses an immediate risk to the health, safety and personal rights of children in care.
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07/20/2023
Section Cited
CCR
101216.3(a)
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Teacher- Child Ratio- There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance....
This requirement is not met as evidenced by: Based on interviews and record reviews LPM and LPA learned that some
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Director will submit a written plan of correction by POC Date of 07/20/2023.
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staff do not meet the minimum requirements for qualifications or experience which places the classroom out of ratio.This poses an immediate risk to the health, safety and personal rights 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: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2023
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 07-CC-20230713091123
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: PRIMROSE SCHOOL OF EVERGREEN
FACILITY NUMBER: 434416248
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/19/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/20/2023
Section Cited
HSC
1596.955(3)
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A ratio of six children to each teacher is maintained for all children in attendance at the toddler program. An aide who is participating in on-the-job training may be substituted for a teacher when directly supervised by a fully qualified teacher.
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Director will submit a written plan of correction by POC Date of 07/20/2023.
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This requirement is not met as evidenced by: Based on interviews and record reviews LPM and LPA learned that some staff do not meet the minimum requirements for qualifications or experience which places the classroom out of ratio.This poses an immediate risk to the health, safety and personal rights 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: Gladys Kuizon
LICENSING EVALUATOR NAME: Farida Raja
LICENSING EVALUATOR SIGNATURE:

DATE: 07/19/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/19/2023
LIC9099 (FAS) - (06/04)
Page: 5 of 5