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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434409221
Report Date: 09/16/2025
Date Signed: 10/14/2025 01:17:53 PM

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
09/12/2025 and conducted by Evaluator Pedro Solorio-Gutierrez
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20250912125943
FACILITY NAME:LARA, GABRIELAFACILITY NUMBER:
434409221
ADMINISTRATOR:GABRIELA LARAFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(408) 843-8720
CITY:GILROYSTATE: CAZIP CODE:
95020
CAPACITY:14CENSUS: 10DATE:
09/16/2025
UNANNOUNCEDTIME BEGAN:
01:26 PM
MET WITH:Gabriela LaraTIME COMPLETED:
02:41 PM
ALLEGATION(S):
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Licensee did not implement safe sleep practices with children in care
INVESTIGATION FINDINGS:
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*This is an amended report, and the report delivered 09/16/2025 supersedes this report*

On 09/16/2025, Licensing Program Analyst (LPA) Pedro Solorio-Gutierrez conducted an unannounced complaint investigation and deliver findings. LPA met with licensee Gabriela Lara and discussed the above allegation during today’s visit. LPA toured the indoor and outdoor areas of the facility. Present were licensee, her husband Gumercindo Lara, and 10 daycare children - four infants and six toddlers. LPA observed a video of an infant sleeping in a stroller while being covered in a blanket. Reporting Party states that the child at the time was approximately 7 months of age.

Based on LPA's observations, the preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

The following Type A deficiency was cited on the attached page (9099-D). Licensee was informed that failure to correct the deficiency by the specified Plan of Correction (POC) Due Date may result in assessment of civil penalties in the amount of $100 per day per violation until the correction is made.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Deanna Villagrana
LICENSING EVALUATOR NAME: Pedro Solorio-Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/16/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/16/2025
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 3
Control Number 07-CC-20250912125943
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: LARA, GABRIELA
FACILITY NUMBER: 434409221
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/16/2025
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
10/14/2025
Section Cited
CCR
102425(b)
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(b) Cribs or play yards shall be free from all loose articles and objects
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Licensee will submit a letter stating she has reviewed Safe Sleep regulations by Plan of Correction due date.
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The requirement was not met as evidenced by LPA observing a video where infants were sleeping in play yards with blankets in the play yard. Play yard should have been free of loose articles and/or objects.
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Plan of Correction due date, October 15, 2025.

*This is an amended report, and the report delivered 09/16/2025 supersedes this report*
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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: Deanna Villagrana
LICENSING EVALUATOR NAME: Pedro Solorio-Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/16/2025
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/16/2025
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 07-CC-20250912125943
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: LARA, GABRIELA
FACILITY NUMBER: 434409221
VISIT DATE: 09/16/2025
NARRATIVE
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LPA Pedro Solorio-Gutierrez informed licensee Gabriela Lara that this report dated 09/16/2025 documents one Type A citation which shall be posted for 30 consecutive days as there are risks to the health, safety, or personal rights of children in care.

Also, LPA Pedro Solorio-Gutierrez informed the licensee Gabriela Lara to provide a copy of this licensing reported dated 09/16/2025 that documents any Type A citation to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to newly enrolled parents/guardians for 12 months from the date of this report. A signed Acknowledgement of Receipt of Licensing Report (LIC 9224), or other written statement, must be placed in the child’s file for verification.

Exit interview was conducted and the report was reviewed with the licensee Gabriela Lara.

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.
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Pedro Solorio-Gutierrez
LICENSING EVALUATOR SIGNATURE:

DATE: 09/16/2025
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/16/2025
LIC9099 (FAS) - (06/04)
Page: 3 of 3