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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434408755
Report Date: 08/09/2024
Date Signed: 08/09/2024 03:30:25 PM

Unsubstantiated


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
06/24/2024 and conducted by Evaluator Andrea Cortez
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20240624114130
FACILITY NAME:ACTION DAY PRIMARY PLUSFACILITY NUMBER:
434408755
ADMINISTRATOR:RITIPAL(NEEKA)JUNEJAFACILITY TYPE:
850
ADDRESS:5845 ALLEN AVENUETELEPHONE:
(408) 629-6020
CITY:SAN JOSESTATE: CAZIP CODE:
95123
CAPACITY:254CENSUS: 116DATE:
08/09/2024
UNANNOUNCEDTIME BEGAN:
02:50 PM
MET WITH:Farrah DerlaTIME COMPLETED:
03:45 PM
ALLEGATION(S):
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Staff did not maintain a comfortable temperature in rooms occupied by children
INVESTIGATION FINDINGS:
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Licensing Program Analyst (LPA) Andrea Cortez and Licensing Program Manager (LPM) Gladys Kuizon conducted an unannounced complaint investigation to deliver investigative findings. LPA/LPM met with Director Farrah Derla.

On 06/28/2024, LPA/LPM conducted an unannounced visit. Staff were interviewed, classrooms were toured, and documents were obtained. LPA/LPM toured all preschool classroom at which time temperatures in all occupied classrooms were observed between 72-74° via portable digital thermostats. Reporting Party (RP) referenced the dates of June 3rd-7th where the highs were reported as reaching 80s-90s. The air conditioning was not functioning, resulting in hot conditions inside classroom. The RP reported that the temperature felt like 90 degrees Fahrenheit inside the classroom. However, cannot confirm temperature because RP did not see a thermostat. The RP mentioned children’s cheeks were pink, and they looked hot. The week of the when they allegations were reported to the department San Jose had experienced a heat wave. According to weatherchannel.com website on 6/28 the high for San Jose CA was forecasted to reach 86°. Director confirmed there were power issues that week and mentioned that generators were place for essential appliances, such as, refrigerators and microwaves. Adding that the children were moved from classroom 4 to 9 which has working AC.

Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Andrea Cortez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/09/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/09/2024
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-20240624114130
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 PRIMARY PLUS
FACILITY NUMBER: 434408755
VISIT DATE: 08/09/2024
NARRATIVE
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Based on interviews, observation, and evidence gathered during the investigation process, 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 UNSUBSTANTIATED.

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

Exit interview conducted and report was reviewed with the Director Farrah Derla.

SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Andrea Cortez
LICENSING EVALUATOR SIGNATURE:

DATE: 08/09/2024
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/09/2024
LIC9099 (FAS) - (06/04)
Page: 2 of 2