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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 435700770
Report Date: 07/01/2026
Date Signed: 07/01/2026 04:22:33 PM

Substantiated


STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH CC RO, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/19/2026 and conducted by Evaluator Manel Estoesta
PUBLIC
COMPLAINT CONTROL NUMBER: 52-CC-20260619100045
FACILITY NAME:LEVEL UP MONTESSORI - MILPITASFACILITY NUMBER:
435700770
ADMINISTRATOR:MUTHULAKSHMI DHIVAKARANFACILITY TYPE:
860
ADDRESS:301 S. ABBOTT AVETELEPHONE:
(408) 263-8802
CITY:MILPITASSTATE: CAZIP CODE:
95035
CAPACITY:92CENSUS: 31DATE:
07/01/2026
UNANNOUNCEDTIME BEGAN:
01:30 PM
MET WITH:Director Muthulakshmi DhivakaranTIME COMPLETED:
04:45 PM
ALLEGATION(S):
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1. Ratio - Facility is operating out of ratio due to insufficient staffing.
INVESTIGATION FINDINGS:
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On 7/1/2026 at 1:30 pm, Licensing Program Analyst (LPA) Manel Estoesta conducted a subsequent complaint investigation visit. LPA met with the director, Muthulakshmi Dhivakaran, and explained the nature of the visit. On this visit, there were 4 Staff Members, 11 Toddlers and 20 Preschool Children. The facility is running from Monday to Friday, 8:30 am to 5:30 pm.

The Reporting Party (RP) alleges the above allegation. During the investigation visits, LPA conducted room observations, interviews and reviewed facility records. LPA also obtained copies of relevant facility records.

Based on the reviewed records, on the following date and time, the licensee was not in compliance with the section - Teacher-Child Ratio 101216.3 (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance…...
Substantiated
Estimated Days of Completion: 90
SUPERVISORS NAME: Jason Jang
LICENSING EVALUATOR NAME: Manel Estoesta
LICENSING EVALUATOR SIGNATURE:

DATE: 07/01/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/01/2026
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 4
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH CC RO, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
This is an official report of an unannounced visit/investigation of a complaint received in our office on
06/19/2026 and conducted by Evaluator Manel Estoesta
PUBLIC
COMPLAINT CONTROL NUMBER: 52-CC-20260619100045

FACILITY NAME:LEVEL UP MONTESSORI - MILPITASFACILITY NUMBER:
435700770
ADMINISTRATOR:MUTHULAKSHMI DHIVAKARANFACILITY TYPE:
860
ADDRESS:301 S. ABBOTT AVETELEPHONE:
(408) 263-8802
CITY:MILPITASSTATE:CAZIP CODE:
95035
CAPACITY:92CENSUS: 31DATE:
07/01/2026
UNANNOUNCEDTIME BEGAN:
01:30 PM
MET WITH:Director Muthulakshmi DhivakaranTIME COMPLETED:
04:45 PM
ALLEGATION(S):
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9
2. Personal Rights - Staff does not ensure sufficient supervision is provided to children in care resulting in children sustaining injuries.
INVESTIGATION FINDINGS:
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On 7/1/2026 at 1:30 pm, Licensing Program Analyst (LPA) Manel Estoesta conducted a subsequent complaint investigation. LPA met with the director, Muthulakshmi Dhivakaran, and explained the nature of the visit. On this visit, there were 4 Staff Members, 11 Toddlers and 20 Preschool Children. The facility is running from Monday to Friday, 8:30 am to 5:30 pm.

The Reporting Party (RP) alleges the above allegation. During the investigation visits, LPA conducted room observations, interviews and reviewed facility records. LPA also obtained copies of relevant facility records.

In conclusion to the Departments investigation, the allegation is unsubstantiated. Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is deemed UNSUBSTANTIATED. A notice of site visit was given and must remain posted for 30 days. Exit interview conducted with the Director Muthulakshmi Dhivakaran.
Unsubstantiated
Estimated Days of Completion: 90
SUPERVISORS NAME: Jason Jang
LICENSING EVALUATOR NAME: Manel Estoesta
LICENSING EVALUATOR SIGNATURE:

DATE: 07/01/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/01/2026
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 4
Control Number 52-CC-20260619100045
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH CC RO, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612
FACILITY NAME: LEVEL UP MONTESSORI - MILPITAS
FACILITY NUMBER: 435700770
VISIT DATE: 07/01/2026
NARRATIVE
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1. On 4/7/2026 at 11:44 am, during an indoor activity at one of the preschool classroom areas, Staff 5 (S5) was supervising 22 preschool children.

In addition, on 4/1/2026 at 10:47 am in the toddler room, during a circle time, Staff 6 and 7 (S6 and S7) were supervising 14 toddlers, and at 10:52 am, S6 and S7, were supervising 13 toddlers. As a result, the licensee was not in compliance with the section - Care for Toddlers within a Licensed Preschool Center WD 101804(b)(2) - a ratio of six children to each teacher shall be maintained for all children in attendance in the toddler component.

The preponderance of evidence standard has been met; therefore, the above allegation is to be SUBSTANTIATED. Section 101216.3(a) is cited on the LIC 9099 D page.

LPA Estoesta informed the Director that this report dated 7/1/2026, included a Type A deficiency which shall be posted as there is an immediate risk to the health, safety, or personal rights of children in care, for 30 days & provide copies of this report to parent/guardians of;

(1) children in care at the facility


(2) children newly enrolled at the facility during the next 12 months

The LIC 9224 - Acknowledgement of Receipt of Licensing Reports which is to be placed in each child's file.

An immediate civil penalty of $500 is being assessed and $100 will accrue until the deficiency is corrected.

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

Failure to comply with posting requirements shall result in an immediate civil penalty of $100.

Exit interview conducted and report was reviewed with the Director, Muthulakshmi Dhivakaran.

SUPERVISORS NAME: Jason Jang
LICENSING EVALUATOR NAME: Manel Estoesta
LICENSING EVALUATOR SIGNATURE:

DATE: 07/01/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/01/2026
LIC9099 (FAS) - (06/04)
Page: 3 of 4
Control Number 52-CC-20260619100045
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)		CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
OAKLAND SOUTH CC RO, 1515 CLAY STREET STE 1102
OAKLAND, CA 94612

FACILITY NAME: LEVEL UP MONTESSORI - MILPITAS
FACILITY NUMBER: 435700770
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/01/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
07/02/2026
Section Cited
CCR
101216.3(a)
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Teacher-Child Ratio 101216.3 (a) There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance…...
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LPA Estoesta advised the licensee /director to develop a plan of correction (POC) and the POC submit proof to the Oakland Child Care Regional Office via mail only on or before the POC due date.

LPA and the Director discussed the POC, that it shall describe how it will bring their facility into compliance, and it must be measurable and verifiable. It included, but not limited to, updating and maintaning records, staff training and meetings, family engagement documentation.
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This requirement is not met as evidenced by,

On 4/7/2026 at 11:44 am, during an indoor activity at one of the preschool classroom areas, Staff 5 (S5) was supervising 22 preschool children.

This poses an immediate risk to health, safety or personal rights to children in care.
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The director will update the facility's staffing plan that strictly adhere to state-mandated staff-to-child ratios and qualification requirements, and will mail a copy to the child care Regional Office.

LPA provided guidance on the following,
1. Best Practices for Scheduling Breaks and Floaters, because ratios must be maintained even when teachers take lunch breaks, your staffing plan should include a "floater" or relief staff member to cover short rests.

2. Best Practices - Mixed-Age Groups: If your facility combines age groups, your staffing ratio must be calculated based on the youngest child in that group.

3. Review the Teacher-to-Child Ratios in Child Care Centers video
https://ccld.childcarevideos.org/child-care-center-operators/teacher-child-ratios-in-child-care-centers/

4. What Is a Civil Penalty? https://ccld.childcarevideos.org/child-care-center-operators/what-is-a-civil-penalty/

LPA recommended to the Director that the licensee can register to the CCLD's Technical Support Program (TSP) which is FREE, voluntary, and a non-enforcement service of Community CareLicensing to assist childcare providers experiencing compliance challenges.

LPA also provided a copy of the CHILD CARE ADVOCATE PROGRAM flyer to the director.
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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.
SUPERVISOR'S NAME: Jason Jang
LICENSING EVALUATOR NAME: Manel Estoesta
LICENSING EVALUATOR SIGNATURE:

DATE: 07/01/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/01/2026
LIC9099 (FAS) - (06/04)
Page: 4 of 4