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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434416449
Report Date: 08/26/2022
Date Signed: 08/26/2022 01:52:18 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
05/31/2022 and conducted by Evaluator James G Santos
COMPLAINT CONTROL NUMBER: 07-CC-20220531110722
FACILITY NAME:BRIGHTER TOMORROW MONTESSORI PRESCHOOLFACILITY NUMBER:
434416449
ADMINISTRATOR:EVA BALAJONDAFACILITY TYPE:
830
ADDRESS:2466 ALMADEN ROADTELEPHONE:
(408) 979-1164
CITY:SAN JOSESTATE: CAZIP CODE:
95125
CAPACITY:24CENSUS: 0DATE:
08/26/2022
UNANNOUNCEDTIME BEGAN:
10:00 AM
MET WITH:Joyce BrownTIME COMPLETED:
02:10 PM
ALLEGATION(S):
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Staff did not feed day care child
Staff are not meeting day care child's diapering needs
Staff are not employing safe sleep practices
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA), James Santos conducted an unannounced subsequent complaint visit investigation today and met with Director, Joyce Brown. The purpose of today's visit was to deliver the investigation findings for the above allegations.

During the course of the investigation, interviews were conducted with staff and review of records.

On the allegation regarding staff did not feed day care child, per review of the infant daily report dated 4/25/22, it stated that the child was not given a bottle between 11:30am-4pm. On the report dated 5/25/22, it appeared the bottle was not given at 3pm and on 5/27/22, it appeared the bottle was not given at 3:30pm. Per interview with Director, the discrepancies may have been the result of miscommunication between staff which they have addressed.


CONTINUED ON NEXT PAGE
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Joel Segura
LICENSING EVALUATOR NAME: James G Santos
LICENSING EVALUATOR SIGNATURE:

DATE: 08/26/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2022
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 5
Control Number 07-CC-20220531110722
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: BRIGHTER TOMORROW MONTESSORI PRESCHOOL
FACILITY NUMBER: 434416449
VISIT DATE: 08/26/2022
NARRATIVE
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On the allegation regarding staff are not meeting day care child's diapering needs, per record review, the daily diaper record was not consistent with the infant daily report. On 5/25/22, it stated on the daily report that the child's diaper was changed at 3:45pm which was not indicated on the daily diaper record.

On the allegation regarding staff are not employing safe sleep practices, per the copy of photo obtained, the child had a non-breathable blanket while sleeping on a boppy pillow which is inconsistent with the safe sleep regulations.

Based on the information gathered, the preponderance of evidence standard have been met, therefore the above allegations are found to be SUBSTANTIATED.

See LIC9099D page for deficiencies cited. Exit interview conducted and copy of this report and appeal rights form provided to the Director.


NOTICE OF SITE VISIT WAS ISSUED TO DIRECTOR AND WAS INFORMED TO POST THE NOTICE IN A VISIBLE LOCATION OF THE DAY CARE FOR A PERIOD OF 30 DAYS.
SUPERVISORS NAME: Joel Segura
LICENSING EVALUATOR NAME: James G Santos
LICENSING EVALUATOR SIGNATURE:

DATE: 08/26/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2022
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 07-CC-20220531110722
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: BRIGHTER TOMORROW MONTESSORI PRESCHOOL
FACILITY NUMBER: 434416449
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/26/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/26/2022
Section Cited
CCR
101427(c)(1)
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Infant Care Food Service:
(c) The infant shall be fed in accordance with the individual plan.
(1) Bottle-fed infants shall be fed at least once every four hours.

This requirement was not met as evidenced by: Per child's infant daily report, the child is to be fed every 2-3 hours.
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Director agreed to conduct training with staff and update the infant intake form to improve documentation processes. Director will submit Proof of training to CCL by the POC due date, 9/26/2022.
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Per review of the child's infant daily report, it stated that the child was not given a bottle between 11:30am-4pm on 4/25/22. On the reoort dated 5/25/22, it appeared the bottle was not given at 3pm and on 5/27/22, it appeared the bottle was not given at 3:30pm. This poses a potential risk to the Health, Safety or Personal Rights to children in care.
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Type B
09/26/2022
Section Cited
CCR
101428(b)(2)
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Infant Care Personal Services
(b) The infant shall be kept clean and dry at all times.
(2) Each infant's clothing and diapers shall be changed as often as necessary to ensure that the infant is clean and dry at all times.
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Director agreed to conduct training with staff and update the infant intake form to improve documentation processes. Director will submit Proof of training to CCL by the POC due date, 9/26/2022.
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This requirement was not met as evidenced by: Per record review, the daily diaper record was not consistent with the infant daily report. On 5/25/22, it stated on the daily report that the child's diaper was changed at 3:45pm which was not indicated on the daily diaper record. This poses a potential 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: Joel Segura
LICENSING EVALUATOR NAME: James G Santos
LICENSING EVALUATOR SIGNATURE:

DATE: 08/26/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2022
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 07-CC-20220531110722
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: BRIGHTER TOMORROW MONTESSORI PRESCHOOL
FACILITY NUMBER: 434416449
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 08/26/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
09/26/2022
Section Cited
CCR
101223(a)(2)
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Personal Rights:
(a) The licensee shall ensure that each child is accorded the following personal rights:
(2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.
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Director agreed to conduct training with staff regarding safe sleep guidelines and practices. Director will submit Proof of training to CCL by the POC due date, 9/26/2022.
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This requirement was not met as evidenced by: Per the copy of photo obtained, the child had a non-breathable blanket while sleeping on a boppy pillow which is inconsistent with the safe sleep regulations. This poses a potential 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: Joel Segura
LICENSING EVALUATOR NAME: James G Santos
LICENSING EVALUATOR SIGNATURE:

DATE: 08/26/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/26/2022
LIC9099 (FAS) - (06/04)
Page: 5 of 5