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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434417234
Report Date: 02/12/2026
Date Signed: 03/10/2026 02:19:10 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
02/10/2026 and conducted by Evaluator Deanna Villagrana
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20260210101110
FACILITY NAME:ACTION DAY SCHOOLSFACILITY NUMBER:
434417234
ADMINISTRATOR:RENEE TORRESFACILITY TYPE:
860
ADDRESS:801 HIBISCUS LANETELEPHONE:
(408) 244-1968
CITY:SAN JOSESTATE: CAZIP CODE:
95117
CAPACITY:339CENSUS: 44DATE:
02/12/2026
UNANNOUNCEDTIME BEGAN:
08:30 AM
MET WITH:Renee TorresTIME COMPLETED:
02:35 PM
ALLEGATION(S):
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Staff are operating out of ratio
INVESTIGATION FINDINGS:
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This is an Amended report for visit conducted on 02/12/2026

On 02/12/2026, Licensing Program Analyst (LPA) Deanna Villagrana met with Director Renee Torres to open an unannounced complaint investigation for the above allegation. LPA explained the nature of the visit. LPA observed nine preschool children in room 7 with one teacher, 12 preschool children with one teacher in room 8, and 7 preschool children with one teacher in room 10B. Other staff and children arrived during the visit.

Based on observation, record review and interviews, which was conducted, the preponderance of evidence standard has been met, therefore the above allegations was found to be SUBSTANTIATED. California Code of Regulations (CCR) is being cited on the attached LIC9099D. LPA observed 17 children with one teacher in room 8 during nap time. LPA spoke with the Director and advised that active supervision must be maintained at all times and that staff must be readily available on site as at the time of the observation, only 2 of the 17 children were asleep while the remaining
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Susy Cervantes
LICENSING EVALUATOR NAME: Deanna Villagrana
LICENSING EVALUATOR SIGNATURE:

DATE: 02/12/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2026
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
Control Number 07-CC-20260210101110
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: 434417234
VISIT DATE: 02/12/2026
NARRATIVE
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This is an Amended report for visit conducted on 02/12/2026

children were awake. LPA also informed director, during nap time, proper lighting must be used so staff can adequately supervise children. On 02/09/2026, LPA reviewed attendance sheets, staff time cards and daily log for each classroom and observed the following: Room 7 had 16 children with S6 who arrived at 8:06am, S1 did not arrive until 12:06pm, Room 8 had 17 children with teacher S2, S5 did not work that day, Room 10 had 11 children with S4, Room 12B had 10 children with S3. LPA confirmed this information with both the Director and Assistant Director, and both acknowledged that the facility was out of ratio on that day due to low staffing.

The following type A deficiency was cited on the attached page (809-D). Director 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.

LPA Deanna Villagrana informed Director Renee Torres that this report dated 02/12/2026 document(s) 1 Type A citation(s) which shall be posted for 30 consecutive days as there is/are immediate risk(s) to the health, safety, or personal rights of children in care.

Also, LPA Deanna Villagrana informed the Director Renee Torres to provide a copy of this licensing report dated 02/12/2026 that documents any Type A citation(s) to parents/guardians of all children currently enrolled by the next business day or the next day the children are in care, and to any 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 conducted and report was reviewed with Director Renee Torres and appeal rights were printed and provided.

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: Deanna Villagrana
LICENSING EVALUATOR SIGNATURE:

DATE: 02/12/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2026
LIC9099 (FAS) - (06/04)
Page: 2 of 4
Control Number 07-CC-20260210101110
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: 434417234
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 02/12/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
02/13/2026
Section Cited
CCR
101216.3(a)
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This is an Amended report for visit conducted on 02/12/2026

There shall be a ratio of one teacher visually observing and supervising no more than 12 children in attendance.
This requirement was not met as evidenced by LPA's review of attendance records, staff time cards and daily classroom logs. The records indicated that Room 7 had 16 children with S6 who arrived at 8:06am, S1 did not arrive until 12:06pm, Room 8 had 17 children with teacher S2, S5 did not work that day, Room 10 had 11 children with S4, Room 12B had 10 children with S3.
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Director will submit a statement to CCLD stating how she will comply with regulation by POC date.
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This information was confirmed with the Director and Assistant Director, and both of whom acknowledged that the facility was out of ratio on that day due to low staffing.
This poses an immediate risk to the Health, Safety or Personal Rights 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: Susy Cervantes
LICENSING EVALUATOR NAME: Deanna Villagrana
LICENSING EVALUATOR SIGNATURE:

DATE: 02/12/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 02/12/2026
LIC9099 (FAS) - (06/04)
Page: 3 of 4