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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434416219
Report Date: 09/21/2023
Date Signed: 09/22/2023 10:00:19 AM

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
09/18/2023 and conducted by Evaluator Yangcheng Huang
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20230918125015
FACILITY NAME:ZHANG, LUFACILITY NUMBER:
434416219
ADMINISTRATOR:LU ZHANGFACILITY TYPE:
810
ADDRESS:TELEPHONE:
(510) 386-3325
CITY:SANTA CLARASTATE: CAZIP CODE:
95051
CAPACITY:14CENSUS: 9DATE:
09/21/2023
UNANNOUNCEDTIME BEGAN:
12:00 PM
MET WITH:Lu "Maggie" ZhangTIME COMPLETED:
01:00 PM
ALLEGATION(S):
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Provider hit day care child causing injury
Provider covered day care child's face with blanket while napping.
Provider forced day care child to nap.
INVESTIGATION FINDINGS:
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Licensing Program Manager, Gladys Kuizon, Licensing Program Analysts (LPAs) Oscar Huang, and Sheena Chin conducted an unannounced complaint investigation today and met with licensee, Lu “Maggie” Zhang.

On 09/18/2023, the Department received a complaint against the facility with the above allegations.

Interviews were conducted and records were obtained and reviewed including medical reports and Santa Clara Police Department reports.
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Yangcheng Huang
LICENSING EVALUATOR SIGNATURE:

DATE: 09/21/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/21/2023
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-20230918125015
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: ZHANG, LU
FACILITY NUMBER: 434416219
VISIT DATE: 09/21/2023
NARRATIVE
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The investigation revealed that child, C1, did not have any facial injuries upon drop off at the daycare on 09/15/2023. Licensee called C1’s parents during daycare hours to inform them that C1 has facial swelling likely caused by allergies. C1 was taken by parents for further medical evaluation the same day. Pediatrician stated that C1’s injuries are likely caused by non-accidental pressure trauma and noted that C1 has bruising along bridge of nose, swelling on both cheeks, redness and mild induration under both cheeks. C1 has no known allergies.

Licensee informed parents that C1 was crying and having difficulty sleeping during nap time on 09/15/2023 so she placed a cotton gauze over C1’s face to help C1 sleep. According to her, she had slapped C1’s face to wake C1 up from a nightmare.

Based on interviews and records reviewed, the preponderance of evidence standard has been met, therefore the above allegations are found to be SUBSTANTIATED.

A deficiency is being cited today. Pursuant to Health and Safety Code 1548.1, a civil penalty in the amount of $2,000 is also being assessed. See LIC 9099-D and LIC 421D.

Exit interview conducted with licensee, Lu Zhang in Mandarin language. Appeal rights provided.
SUPERVISORS NAME: Gladys Kuizon
LICENSING EVALUATOR NAME: Yangcheng Huang
LICENSING EVALUATOR SIGNATURE:

DATE: 09/21/2023
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/21/2023
LIC9099 (FAS) - (06/04)
Page: 2 of 3
Control Number 07-CC-20230918125015
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: ZHANG, LU
FACILITY NUMBER: 434416219
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 09/21/2023
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type A
09/21/2023
Section Cited
CCR
102423
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102423 Personal Rights - (a)(4) To be free from corporal or unusual punishment, infliction of pain, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping, or toileting;…
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The department issued a Temporary Suspension Oder of the Family Child Care Home License, and an Immediate Exclusion Order for licensee, Lu Zhang. Civil penalty in the amount of $2,000 is assessed today.
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This requirement was not met as evidenced by medical records and interviews with the licensee, parents, medical professionals, and local law enforcement, which revealed that C1’s face was covered by licensee to force C1 to sleep. Licensee also slapped C1’s face. This caused an immediate risk to C1.
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According to AB 633, all parents of children currently enrolled and any future children being enrolled for the next 12 months must be provided with this report which contains this Type A deficiency, obtain the signature of parents in care with form LIC 9224 and keep in the child's file.
Type A
09/21/2023
Section Cited
HSC
1596.885
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Denial, suspension or revocation of license, registration, or special permits; grounds: (C) Conduct which is inimical to the health, morals, welfare, or safety of either an individual in or receiving services from the facility or the people of this state
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The department issued a Temporary Suspension Oder of the Family Child Care Home License, and an Immediate Exclusion Order for licensee, Lu Zhang. Civil penalty in the amount of $2,000 is assessed today.
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This requirement was not met as evidenced by medical records and interviews with the licensee, parents, medical professionals, and local law enforcement, which revealed that C1’s face was covered by licensee to force C1 to sleep. Licensee also slapped C1’s face. This caused an immediate risk to C1.
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According to AB 633, all parents of children currently enrolled and any future children being enrolled for the next 12 months must be provided with this report which contains this Type A deficiency, obtain the signature of parents in care with form LIC 9224 and keep in the child's file.
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: Gladys Kuizon
LICENSING EVALUATOR NAME: Yangcheng Huang
LICENSING EVALUATOR SIGNATURE:

DATE: 09/21/2023
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 09/21/2023
LIC9099 (FAS) - (06/04)
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