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Department of
SOCIAL SERVICES

Community Care Licensing


COMPLAINT INVESTIGATION REPORT

Facility Number: 434408755
Report Date: 08/13/2026
Date Signed: 08/13/2026 11:32:09 AM

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
07/27/2026 and conducted by Evaluator Andy Yang
COMPLAINT CONTROL NUMBER: 07-CC-20260727092157
FACILITY NAME:ACTION DAY PRIMARY PLUSFACILITY NUMBER:
434408755
ADMINISTRATOR:ORTENCIA GUZMANFACILITY TYPE:
850
ADDRESS:5845 ALLEN AVENUETELEPHONE:
(408) 629-6020
CITY:SAN JOSESTATE: CAZIP CODE:
95123
CAPACITY:254CENSUS: 106DATE:
08/13/2026
UNANNOUNCEDTIME BEGAN:
10:15 AM
MET WITH:Ortencia GuzmanTIME COMPLETED:
11:35 AM
ALLEGATION(S):
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Other - Staff are not ensuring that children with obvious symptoms of illness are not accepted into care
Reporting Requirements - Staff are not following reporting requirements
INVESTIGATION FINDINGS:
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On 8/13/2026, Licensing Program Analyst (LPA) Andy Yang conducted an unannounced complaint investigation. LPA met with Director, Ortencia Guzman, to deliver the complaint allegations listed above. Present for today’s investigation were Director, (13) staff, and (106) children. LPA toured the indoor areas of the facility.

During the course of the investigation, LPA interviewed Director, staff, and parents. LPA interacted with children, and reviewed supporting documents received.

First allegation stated that staff are not ensuring children with obvious symptoms of illness are not accepted into care. It was reported that a child with confirmed case of chicken pox was allowed to attend class after diagnosis from a doctor. Based on the result of the investigation, there was no indication of a child with confirmed case of chicken pox attending class prior to being free from symptoms.
***Continue Page 2***
Unsubstantiated
Estimated Days of Completion:
SUPERVISORS NAME: Adam Hamer
LICENSING EVALUATOR NAME: Andy Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 08/13/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/13/2026
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 2
Control Number 07-CC-20260727092157
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: 08/13/2026
NARRATIVE
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***Page 2***

Second allegation stated that staff are not following reporting requirements. It was reported that a case of chicken pox was not properly report. Based on the result of the investigation, when it was determined that a child had a confirmed case of chicken pox, the facility had notified all parents of the affected classrooms, and placed exposure notices on the affected classrooms on the day the school was notified of the confirmed case.
Although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations did or did not occur, therefore the allegations are unsubstantiated.

No deficiency issued for this allegation. Appeal Rights provided.



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

Exit interview conducted and report was reviewed with the Director, Ortencia Guzman.
SUPERVISORS NAME: Adam Hamer
LICENSING EVALUATOR NAME: Andy Yang
LICENSING EVALUATOR SIGNATURE:

DATE: 08/13/2026
I acknowledge receipt of this form and understand my licensing appeal rights as explained and received.
FACILITY REPRESENTATIVE SIGNATURE:

DATE: 08/13/2026
LIC9099 (FAS) - (06/04)
Page: 2 of 2