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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 430710492
Report Date: 07/14/2026
Date Signed: 07/14/2026 03:26:44 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
06/08/2026 and conducted by Evaluator Marilou Monico
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20260608084656
FACILITY NAME:ACTION DAY NURSERYFACILITY NUMBER:
430710492
ADMINISTRATOR:GEORGIA ROBELLOFACILITY TYPE:
830
ADDRESS:3030 MOORPARK AVENUETELEPHONE:
(408) 249-0668
CITY:SAN JOSESTATE: CAZIP CODE:
95128
CAPACITY:97CENSUS: 45DATE:
07/14/2026
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Georgia RobelloTIME COMPLETED:
03:35 PM
ALLEGATION(S):
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Staff did not ensure child's diaper was changed timely.
INVESTIGATION FINDINGS:
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On July 14, 2026, Licensing Program Analyst (LPA), Marilou Monico, made an unannounced complaint inspection to deliver investigation findings for the above allegation. LPA met with Site Director, Georgia Robello. LPA toured the facility and a census was taken.

During the course of this investigation, LPA interviewed staff, parents, reviewed records, and obtained pertinent documents.

Per records review and interviews, on January 26, 2026, C1’s diaper was changed after more than five hours. Staff interviews indicated that diaper changes are typically conducted every two hours or as needed. One out of three parents who were interviewed reported that there have been occasions when they picked up their child in a soiled or dirty diaper. The preponderance of evidence standard has been met, therefore the above allegation is found to be SUBSTANTIATED.

Continuation on next pages:
Substantiated
Estimated Days of Completion:
SUPERVISORS NAME: Adam Hamer
LICENSING EVALUATOR NAME: Marilou Monico
LICENSING EVALUATOR SIGNATURE:

DATE: 07/14/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/14/2026
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 5
Control Number 07-CC-20260608084656
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 NURSERY
FACILITY NUMBER: 430710492
VISIT DATE: 07/14/2026
NARRATIVE
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Exit interview conducted and report was reviewed with Site Director, Georgia Robello. Appeal rights were provided.

Per Title 22, Division 12, of the California Code of Regulations, the following Type B deficiency is being cited: (see next page).

This report shall be made available to the public upon request. LIC 9213 Notice of Site Visit is provided and required to be posted for 30 days.

SUPERVISORS NAME: Adam Hamer
LICENSING EVALUATOR NAME: Marilou Monico
LICENSING EVALUATOR SIGNATURE:

DATE: 07/14/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/14/2026
LIC9099 (FAS) - (06/04)
Page: 2 of 5
Control Number 07-CC-20260608084656
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 NURSERY
FACILITY NUMBER: 430710492
DEFICIENCY INFORMATION FOR THIS PAGE:
VISIT DATE: 07/14/2026
Deficiency Type
POC Due Date /
Section Number
DEFICIENCIES
PLAN OF CORRECTIONS(POCs)
Type B
07/21/2026
Section Cited
CCR
101223(a)(2)
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Personal Rights - (a)The licensee shall ensure that each child is accorded the following personal rights: (2) To be accorded safe, healthful and comfortable accommodations, furnishings and equipment to meet his/her needs.
This requirement was not met as evidenced by:
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Site Director states that she will submit a written plan by 07/21/26 to ensure that staff follows the center's protocol to check/change children's diapers every two hours or as needed.
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A child's diaper was not changed in a timely manner. Additionally, another child was picked up in soiled or dirty diaper. This poses a potential risk to the health, safety, and 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.
SUPERVISOR'S NAME: Adam Hamer
LICENSING EVALUATOR NAME: Marilou Monico
LICENSING EVALUATOR SIGNATURE:

DATE: 07/14/2026
I acknowledge receipt of this form and understand my appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/14/2026
LIC9099 (FAS) - (06/04)
Page: 3 of 5
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
06/08/2026 and conducted by Evaluator Marilou Monico
PUBLIC
COMPLAINT CONTROL NUMBER: 07-CC-20260608084656

FACILITY NAME:ACTION DAY NURSERYFACILITY NUMBER:
430710492
ADMINISTRATOR:GEORGIA ROBELLOFACILITY TYPE:
830
ADDRESS:3030 MOORPARK AVENUETELEPHONE:
(408) 249-0668
CITY:SAN JOSESTATE:CAZIP CODE:
95128
CAPACITY:97CENSUS: 45DATE:
07/14/2026
UNANNOUNCEDTIME BEGAN:
02:00 PM
MET WITH:Georgia RobelloTIME COMPLETED:
03:35 PM
ALLEGATION(S):
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Staff do not ensure that day care child is adequately fed while in care.
INVESTIGATION FINDINGS:
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On July 14, 2026, Licensing Program Analyst (LPA), Marilou Monico, made an unannounced complaint inspection to deliver investigation findings for the above allegation. LPA met with Site Director, Georgia Robello. LPA toured the facility and a census was taken.

During the course of this investigation, LPA interviewed staff, parents, reviewed records, and obtained pertinent documents.

C1’s parent reported that staff skipped providing scheduled lunch to C1 because C1 was too tired to eat. Staff interviews indicated that snacks and lunch are offered to all children in care. Based on staff interviews, when a child refuses to eat, staff encourage the child and offer alternative food options, including food brought from home or food available at the center. According to interviews with parents, two out of three parents stated that they have never picked up their children feeling hungry. One parent reported that at times their child was fussy after pick up, possibly because the child was offered water instead of milk.
Continuation on next page:
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Adam Hamer
LICENSING EVALUATOR NAME: Marilou Monico
LICENSING EVALUATOR SIGNATURE:

DATE: 07/14/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/14/2026
This report must be available at Child Care and Group Home facilities for public review for 3 years.
LIC9099 (FAS) - (06/04)
Page: 4 of 5
Control Number 07-CC-20260608084656
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 NURSERY
FACILITY NUMBER: 430710492
VISIT DATE: 07/14/2026
NARRATIVE
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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.


--------------------------------------------------END OF REPORT------------------------------------------------------
SUPERVISORS NAME: Adam Hamer
LICENSING EVALUATOR NAME: Marilou Monico
LICENSING EVALUATOR SIGNATURE:

DATE: 07/14/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 07/14/2026
LIC9099 (FAS) - (06/04)
Page: 5 of 5