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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434417232
Report Date: 06/23/2026
Date Signed: 06/23/2026 11:07:53 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
03/10/2026 and conducted by Evaluator Martha Jimenez-Villanueva
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20260310185424
FACILITY NAME:ACTION DAY SCHOOLSFACILITY NUMBER:
434417232
ADMINISTRATOR:ALYSSA CONTRERASFACILITY TYPE:
860
ADDRESS:1125 WEST CAMPBELL AVENUETELEPHONE:
(408) 244-1968
CITY:CAMPBELLSTATE: CAZIP CODE:
95008
CAPACITY:406CENSUS: 156DATE:
06/23/2026
UNANNOUNCEDTIME BEGAN:
09:30 AM
MET WITH:Macie VillegasTIME COMPLETED:
11:20 AM
ALLEGATION(S):
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Staff did not provide adequate supervision resulting in day care child sustaining an injury.
Staff allowed day care children to utilize sharp scissors.
INVESTIGATION FINDINGS:
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On 06/23/2026 Licensing Program Analyst (LPA) Martha Jimenez-Villanueva conducted an unannounced inspection to conclude a complaint investigation that was received on March 10, 2026. LPA met with Co-Director Macie Villegas and discussed the purpose of the inspection to deliver findings. A tour of the facility was conducted and census was taken. Children in care: 156 total, 104 preschool age children and 52 infants with 41 staff in care of children.

Information provided by the Reporting Party (RP) alleges that staff did not provide adequate supervision resulting in day care child sustaining an injury and staff allowed day care children to utilize sharp scissors.

During the course of the investigation, LPA Martha Jimenevaa interviewed the reporting party, children, staff, parents, and other involved parties, and reviewed facility and pertinent records. Interviews reveal that during a classroom cutting activity the children were using sharp metal scissors and while this cutting activity, facility staff moved from their assigned areas without coordinating visual supervision for a lapse of seconds and did not witness the incident resulting in a day care child sustaining an injury. Based on interviews and information obtained there is sufficient evidence to support the above allegations that Staff did not provide adequate supervision resulting in day care child sustaining an injury and staff allowed children the use of sharp metal scissors, the preponderance of evidence standard have been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations, Title 22, Division 12, Chapter 1.

Continues in next page.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Mireya Flores
LICENSING EVALUATOR NAME: Martha Jimenez-Villanueva
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2026
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-20260310185424
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: ACTION DAY SCHOOLS
FACILITY NUMBER: 434417232
VISIT DATE: 06/23/2026
NARRATIVE
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The following deficiency is being cited (see attached 9099D). As a result of this incident the Co-Director Macie Villegas implemented, next day of the incident small group procedures for table activities involving children cutting has reviewed supervision and communication expectations with staff.

Exit interview was conducted, and report was reviewed with Co-Director Macie Villegas. Appeal rights were given. A notice of site visit has been issued and must remain posted for 30 days.
SUPERVISORS NAME: Mireya Flores
LICENSING EVALUATOR NAME: Martha Jimenez-Villanueva
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2026
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 07-CC-20260310185424
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: ACTION DAY SCHOOLS
FACILITY NUMBER: 434417232
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 06/23/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
06/30/2026
Section Cited
CCR
101229
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Responsibility for Providing Care and Supervision: (a) The licensee shall provide care and supervision .to meet the children's needs. (1) No child(ren) shall be left without the supervision of a teacher at any time, ... Supervision shall include visual observation. This requirement is not met as evidenced by:
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Per Site Co-Director Macie Villegas will submit a written plan to ensure that staff maintain 100% supervision during all activities involving scissors or similar classroom materials is provided to children at all times. The plan of correction will be submitted to LPA Jimenez by 07/17/2026 via email.
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LPA Jimenez found that during a cutting activity, classroom cutting activity the children were using sharp metal scissors and while this cutting activity facility staff moved from their assigned areas without coordinating visual supervision for a lapse of seconds and did not witness the incident resulting in a day care child sustaining an injury and staff allowed children the use of sharp metal scissors. This poses a potential health and safety risk 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: Mireya Flores
LICENSING EVALUATOR NAME: Martha Jimenez-Villanueva
LICENSING EVALUATOR SIGNATURE:

DATE: 06/23/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 06/23/2026
LIC9099 (FAS) - (06/04)
Page: 3 of 5