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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434416979
Report Date: 09/14/2022
Date Signed: 09/14/2022 03:33:25 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
09/08/2022 and conducted by Evaluator Janette Cruz
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20220908110908
FACILITY NAME:TULIP KIDS ACADEMYFACILITY NUMBER:
434416979
ADMINISTRATOR:NEERU SHARMAFACILITY TYPE:
830
ADDRESS:6097 COTTLE ROADTELEPHONE:
(408) 483-8941
CITY:SAN JOSESTATE: CAZIP CODE:
95123
CAPACITY:29CENSUS: 13DATE:
09/14/2022
UNANNOUNCEDTIME BEGAN:
08:25 AM
MET WITH:Neeru SharmaTIME COMPLETED:
04:00 PM
ALLEGATION(S):
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Classroom operating out of ratio.
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Janette Cruz met with Neeru Sharma, Infant Center Director, for an unannounced complaint investigation. LPA discussed the complaint allegation with the Director and obtained a current Child Care Facility Roster and sign-in/sign-out sheets for children enrolled. LPA also toured the two infant classrooms with 13 infants being supervised by four qualified teachers and two teacher aids.

Director self admitted to operating out of ratio during the past weeks due to lack of staffing. LPA and Director reviewed previous sign-in/sign-out sheets of infants enrolled and attendance sheets of teachers for the month of September 2022.

Based on the available evidence, record reviews and interviews conducted, it is concluded that the facility was out of ratio on 9/8/22 when there were 22 infants with only three teachers, one teacher aid and the Director present that day at the facility. The preponderance of evidence standard has thus been met, therefore the above allegation is found to be SUBSTANTIATED. California Code of Regulations (Title 22, Division 12 & Chapter 1), is being cited on the attached LIC 9099-D. Copy of appeal rights provided to Neeru Sharma, Director, prior to conclusion of today’s inspection.

LPAs discussed the requirements of AB633 to Licensee and provided her the AB633 fact sheet and a copy of Acknowledgement of Receipt of Licensing Reports (LIC 9224) and Licensee understands the requirements. Upon receipt, Licensee shall post and provide copies of this licensing report to parents/guardians of children in care at the facility and to parents/guardians of children newly enrolled at the facility during the next 12 months.

A Notice of Site Visit is issued and must be posted near the entrance to the facility along with a copy of today's report for 30 days.

Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Diana Stephenson
LICENSING EVALUATOR NAME: Janette Cruz
LICENSING EVALUATOR SIGNATURE:

DATE: 09/14/2022
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/14/2022
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 2
Control Number 07-CC-20220908110908
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: TULIP KIDS ACADEMY
FACILITY NUMBER: 434416979
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/14/2022
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/15/2022
Section Cited
CCR
101416.5(b)1)(A)(B)
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Staff-Infant Ratio
(b) There shall be a ratio of one teacher for every four infants in attendance.(1)An aide may be substituted for a teacher when all of the following conditions are met:

(A) There is a fully qualified teacher directly supervising no more than 12 infants; and
(B) Each aide is responsible for the direct care and supervision of a group of no more than four infants.
This requirement is not met as evidenced by
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Licensee will submit a written plan to Licensing by POC due date to ensure that staff-children ratio is maintained at the facility at all times.
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Based on observation, record reviews and interviews, Licensee did not comply with section cited above. On 9/8/22, facility was out of ratio for having 22 infants with only 3 teachers, 1 teacher aid and the director present at the facility. This poses an immediate threat to the health and safety of the children in care.

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Licensee must provide copies of this report to parents/guardians of children in care at this facility and to parents/guardians of children newly enrolled at this facility during the next 12 months per the AB633 requirements.
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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: Diana Stephenson
LICENSING EVALUATOR NAME: Janette Cruz
LICENSING EVALUATOR SIGNATURE:

DATE: 09/14/2022
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/14/2022
LIC9099 (FAS) - (06/04)
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