434413688-3-2-2023-07-CC-GKUN-CPK3F6-20230302171215

Community Care Licensing

COMPLAINT INVESTIGATION REPORT

Facility Number: 434413688
Report Date: 03/01/2023
Date Signed: 03/02/2023 04:59:58 PM

Substantiated

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 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
12/29/2022 and conducted by Evaluator Stephanie Collins

COMPLAINT CONTROL NUMBER: 07-CC-20221229100001

FACILITY NAME:	GENIUS KIDS		FACILITY NUMBER:	434413688
ADMINISTRATOR:	SHIVASHANKARI VELMURUGAN		FACILITY TYPE:	850
ADDRESS:	1682-1686 BERRYESSA ROAD		TELEPHONE:	(408) 899-9324
CITY:	SAN JOSE	STATE: CA	ZIP CODE:	95133
CAPACITY:	59	CENSUS:	DATE:	03/01/2023
		UNANNOUNCED	TIME BEGAN:	12:30 PM
MET WITH:			TIME COMPLETED:	01:10 PM

ALLEGATION(S):

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1 :Facility staff refused to allow parents entry into the facility.
2: Facility staff are not following proper sign in and sign out procedures.

INVESTIGATION FINDINGS:

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Licensing Program Analyst (LPA) Collins conducted a subsequent complaint visit and met owner Shivashankar Velmurugan today. The purpose of LPA's visit was to deliver investigation findings . On 1/4/2023 LPA Joe Macias arrived unannounced at the facility and

LPA Macias met with the Director Shivashankari Valmurugan to discuss complaint allegations. Toured the facility reviewed files, and obtained copies of pertinent information.
On 2/23/2023 LPA Stephanie Collins conducted a subsequent complaint visit and with Director Shaivahankiari Valmurugan. Tour the facility observed children/ teachers interaction and ratio, interviewed staff ,collected pertinent information and observed exits and posted signs throughout the facility.

Substantiated

Estimated Days of Completion:

SUPERVISOR'S NAME: Gladys Kuizon	TELEPHONE: (510) 566-5850
LICENSING EVALUATOR NAME: Stephanie Collins	TELEPHONE: (408) 334-8555
LICENSING EVALUATOR SIGNATURE:	DATE: 03/01/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/01/2023

This report must be available at Child Care and Group Home facilities for public review for 3 years.

LIC9099 (FAS) - (06/04)

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Control Number 07-CC-20221229100001

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: GENIUS KIDS	FACILITY NUMBER: 434413688
	VISIT DATE: 03/01/2023

NARRATIVE

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Pp 2

Allegation 1 -Substantiated based on interviews with director and teachers admitting to requesting a parent to schedule an appointed time prior to touring the facility.

Allegation 2 - Substantiated based on documents showing no legal parent name/signature on sign in and out documentation during the time C1 was in attendance at the preschool.

Based on LPA's observations and interviews which were conducted and record reviews, the preponderance of evidence standards has been met, therefore the above allegations are found to be SUBSTANTIATED. California Code of Regulations( Title 22 Division 6, Chapter 8) are being cited on the attached LIC 9099D.

SUPERVISOR'S NAME: Gladys Kuizon	TELEPHONE: (510) 566-5850
LICENSING EVALUATOR NAME: Stephanie Collins	TELEPHONE: (408) 334-8555
LICENSING EVALUATOR SIGNATURE:	DATE: 03/01/2023

I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/01/2023

LIC9099 (FAS) - (06/04)

Page: 2 of 3

Control Number 07-CC-20221229100001

STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY

COMPLAINT INVESTIGATION REPORT (Cont)

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
COMMUNITY CARE LICENSING DIVISION
SAN JOSE-DAY CARE, 2580 N FIRST STREET, STE. 300
SAN JOSE, CA 95131

FACILITY NAME: GENIUS KIDS	FACILITY NUMBER: 434413688
DEFICIENCY INFORMATION FOR THIS PAGE:	VISIT DATE: 03/01/2023

Deficiency Type POC Due Date / Section Number	DEFICIENCIES		PLAN OF CORRECTIONS(POCs)
Type B 03/01/2023 Section Cited CCR 101229.1(1)(b)	1 2 3 4 5 6 7	Sign in and Sign out (1) The person who signs the child in/out shall use his/her full legal signature[...] (b) The person who brings the child to, and removes the child from, the center	1 2 3 4 5 6 7	By POC 3/03/2022, Director will submit plan on how she will ensure that children are sign in and out at all times with full legal signatures of who brings the child/childern to and from the center. .
	8 9 10 11 12 13 14	shall sign the child in/out. This requirement is not met as evidenced by: Based on record review, LPA observed C1 was NOT signed in or out during enrollment w/full legal signature of person (s) who brings the child to and removes the child from the center.	8 9 10 11 12 13 14
Type B 03/02/2023 Section Cited HSC 1596.857	1 2 3 4 5 6 7	Rights of parents or guardian of a child receiving services in a child day care facility has the right to enter and inspect the facility without advance notice during the normal operating hours of the facility. [...].	1 2 3 4 5 6 7	Director will submit plan of correction on how facilty will ensure compliance with this regulation. (Rights of Parnts and guardian)
	8 9 10 11 12 13 14	This requirement is not met as evidenced by: Based on LPA's interviews with staff and director admit to requesting a parent schedule a tour of the facility.	8 9 10 11 12 13 14

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: Gladys Kuizon	TELEPHONE: (510) 566-5850
LICENSING EVALUATOR NAME: Stephanie Collins	TELEPHONE: (408) 334-8555
LICENSING EVALUATOR SIGNATURE:	DATE: 03/01/2023

I acknowledge receipt of this form and understand my appeal rights as explained and received.

FACILITY REPRESENTATIVE SIGNATURE:

DATE: 03/01/2023

LIC9099 (FAS) - (06/04)

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