Recorded violations per inspection
- This provider
- 0.59
- Local median
- 0.55
ACTION DAY NURSERY
2146 LINCOLN AVENUE, San Jose, CA 95125
- Facility:
- 430701361
- Type:
- DAY CARE CENTER
- Status:
- Licensed
- Records checked:
- July 17, 2026
Additional info
- Source:
- California Community Care Licensing Division
- District office:
- Not listed
- License effective:
- Not found
- Capacity:
- 154
Inspection snapshot
Questions worth asking
The available records raise questions worth asking before enrolling.
Next: Review the inspection history below and ask the provider what the records mean and what changed afterward.
Latest inspectionJuly 2, 2026
Latest inspection with no recorded violationsJuly 2, 2026
Summary
This summary covers 22 available inspections for ACTION DAY NURSERY from January 18, 2022 through July 2, 2026.
12 inspections recorded violations, with 13 recorded violations in total.
The most recent recorded violation was on October 7, 2025 and involved facility condition, with a due date of October 21, 2025.
Hazardous access was a higher-concern topic that showed up in two inspections.
A later inspection showed no recorded violations, but the records do not say whether it was a formal follow-up.
At a glance
- Total inspections
- 22
- Recorded violations
- 13
- Higher-concern violations
- 5
- Repeated topics
- 2
2 in last 12 months
1 in last 12 months
0 in last 12 months
Last 36 months
Local comparison
22 total inspections vs 4.5 local median in 95125
Compared to 18 local facilities
Inspections with higher-concern violations
- This provider
- 23%
- Local median
- 21%
Inspections with recorded violations
- This provider
- 55%
- Local median
- 50%
Repeated topics
- This provider
- 2
- Local average
- 0.17
Repeated topics
Topics that appeared in more than one inspection during the last 36 months. They may reveal a pattern worth examining.
Parent rights
Appeared across 2 inspections, with 2 recorded violations.
April 18, 2024April 25, 2024Supervision
Appeared across 2 inspections, with 2 recorded violations.
April 12, 2024October 24, 2024Inspection history
Available inspection history. Select a violation topic for more info.
No recorded violations in this report
Medium concern: Facility condition
- Report finding
- 101238.2 Outdoor Activity Space (d) The surface of the outdoor activity space shall be maintained:....(2) Free of hazards including, but not limited to, holes, broken glass and other debris, and dry grasses that pose a fire hazard. This requirement has not been met as evidenced by: Large Outdoor Activity space for older preschool children had large cracks and holes on the cement pathway around the play structure. This poses a potential risk to the health and safety of children in care.
- Report comments
- Large Outdoor Activity space for older preschool children had large cracks and holes on the cement pathway around the play structure. This poses a potential risk to the health and safety of children in care.
- Correction status
- Plan of correction due by October 21, 2025
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 101238.2(d)(2) - 101238.2(d)(2)
- Official code
- 101238.2(d)(2)
No recorded violations in this report
Medium concern: Hazardous access
- Report finding
- Buildings and Grounds (g) Disinfectants, cleaning solutions, poisons and other items that could pose a danger if readily available to children shall be stored where inaccessible to children. This requirement is not met as evidenced by: Based on LPA's Observation, cleaning solutions were in a lower cabinet, accessible to children in care. The licensee did not comply with the section cited above in 1 out of 9 classrooms which poses/posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by November 26, 2024
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 101238(g) - 101238(g)
- Official code
- 101238(g)
No recorded violations in this report
Higher concern: Supervision
- Report finding
- 101229(a)(1) Responsibility for Providing Care and Supervision: (a) The licensee shall provide care and supervision... (1) No child(ren) shall be left without the supervision of a teacher...(1) Supervision shall include visual observation. This requirement is not met as evidenced by: Based on interviews and record review, the licensee did not comply with the section cited above in not visually supervising children while teachers are taking children to the bathroom, which poses a immediate health, safety, or personal rights risk to persons in care.
- Report comments
- Based on interviews and record review, the licensee did not comply with the section cited above in not visually supervising children while teachers are taking children to the bathroom, which poses a immediate health, safety, or personal rights risk to persons in care.
- Correction status
- Plan of correction due by October 31, 2024
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 101229(a)(1) - 101229(a)(1)
- Official code
- 101229(a)(1)
No recorded violations in this report
Medium concern: Parent rights
- Report finding
- HSC 1596.8595((c)(1) A licensed child day care facility shall provide to the parents or guardians of each child receiving services in the facility copies of any licensing report that documents any Type A citation that represents an immediate risk to the health, safety, or personal rights of children in care as set forth in paragraph (1) of subdivision (a) of Section 1596.893b.(2) Upon enrollment of a new child in a facility...(3)recipient to sign(4)keep verification of receipt on child's file...This requirement was not met as evidenced by: Based on interviews and record reviews, licensee is failed to obtain completed and signed by parents, LIC9224 Acknowledgement of Receipt of Licensing Reports for Type A Deficiencies issued on 04/12/2024 and 04/18/2024 as per AB633 requirements which posed potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by May 3, 2024
More details
- Official CA class
- Type B deficiency
- Report section
- HSC 1596.8595(c) - 1596.8595(c)
- Official code
- 1596.8595(c)
Medium concern: Child guidance
- Report finding
- HSC 1596.8595(a)(1)(3)Posting licensing report by child care facility or home; duration of posting; civil penalty for failure to comply;reports to be provided to parents or guardian of each child receiving services. This requirement was not met as evidenced by: Based on observations, Notice of Site Visit and copy of licensing reports from 04/12/2024 were not posted in the facility which posed potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by April 19, 2024
More details
- Official CA class
- Type B deficiency
- Report section
- HSC 1596.8595(a)(1) - 1596.8595(a)(1)
- Official code
- 1596.8595(a)(1)
Higher concern: Parent rights
- Report finding
- HSC 1596.8595((c)(1) A licensed child day care facility shall provide to the parents or guardians of each child receiving services in the facility copies of any licensing report that documents any Type A citation that represents an immediate risk to the health, safety, or personal rights of children in care as set forth in paragraph (1) of subdivision (a) of Section 1596.893b.(2) Upon enrollment of a new child in a facility...(3)recipient to sign(4)keep verification of receipt on child's file...This requirement was not met as evidenced by: Based on interviews, Site Supervisor and Site Director self- admitted that LIC9224 Acknowledgement of Receipt of Licensing Reports for Type A Deficiency issued on 04/12/2024 have not yet been completed and signed by parents as per AB633 requirements which posed immediate health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by April 19, 2024
More details
- Official CA class
- Type A deficiency
- Report section
- HSC 1596.8595(c) - 1596.8595(c)
- Official code
- 1596.8595(c)
Higher concern: Supervision
- Report finding
- Responsibility for Providing Care and Supervision: The licensee shall provide care and supervision as necessary to meet the children's needs.(1)No child(ren) shall be left without the supervision of a teacher at any time... Supervision shall include visual observation. This requirement was not met us evidenced by: Based on interview, a child (C1) was left alone unsupervised outside and was found in the parking lot on 04/11/2024. This poses an immediate risk to the health, safety and personal rights of children in care.
- Correction status
- Plan of correction due by April 15, 2024
More details
- Official CA class
- Type A deficiency
- Report section
- CCR 101229(a)(1) - 101229(a)(1)
- Official code
- 101229(a)(1)
No recorded violations in this report
No recorded violations in this report
No recorded violations in this report
Medium concern: Environmental health
- Report finding
- 101238 Buildings and Grounds (a) The child care center shall be clean, safe, sanitary and in good repair at all times to ensure the safety and well-being of children, employees and visitors. (1) The licensee shall take measures to keep the center free of flies, other insects, and rodents. This requirement was not met as evidenced by: Based on observation, interviews, and record reviews, Licensee did not comply with the section cited above. During investigation, it was discovered there had been sightings of rodents by the Farmhouse classrooms 7 & 8 during the month of September 2023, which posed a potential health, safety or personal rights risk to persons in care.
- Report comments
- Based on observation, interviews, and record reviews, Licensee did not comply with the section cited above. During investigation, it was discovered there had been sightings of rodents by the Farmhouse classrooms 7 & 8 during the month of September 2023, which posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Cleared at visit
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 101238(a)(1) - 101238(a)(1)
- Official code
- 101238(a)(1)
No recorded violations in this report
No recorded violations in this report
Higher concern: Background screening
- Report finding
- 101170 Criminal Record Clearance (e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility:(1) Obtain a California clearance or a criminal record exemption as required by the Department This requirement was not met as evidenced by: Staff, Cynthia Cortes Alvarado was immediatley removed from the facility. Staff stated she will not return until she receives her full clearance. During review of staff associations during interviews it was found that staff Cynthia Alvarado Cortes was "In Process" and did not have full fingerprint clearance. This poses an imediate health and safety risk to children in care.
- Correction / follow-up note
- (e) All individuals subject to a criminal record review pursuant to Health and Safety Code Section 1596.871 shall prior to working, residing or volunteering in a licensed facility:(1) Obtain a California clearance or a criminal record exemption as required by the Department This requirement was not met as evidenced by: Staff, Cynthia Cortes Alvarado was immediatley removed from the facility. Staff stated she will not return until she receives her full clearance. During review of staff associations during interviews it was found that staff Cynthia Alvarado Cortes was "In Process" and did not have full fingerprint clearance. This poses an imediate health and safety risk to children in care.
- Correction status
- Plan of correction due by May 9, 2023
More details
- Official CA class
- Type A deficiency
- Report section
- CCR 101170 - 101170
- Official code
- 101170
Higher concern: Hazardous access
- Report finding
- 101238 Buildings and Grounds (g) Disinfectants, cleaning solutions, poisons and other items that could pose a danger if readily available to children shall be stored where inaccessible to children.(1) Storage areas for poisons shall be locked. The requirement was not meant as evidenced by: During tour of facility at 2:54 it was observed in classroom 9B that facility did not ensure that cleaning products were locked and made inaccesible to children. This posed an immediate risk to children in care
- Inspector notes
- During tour of facility at 2:54 it was observed in classroom 9B that facility did not ensure that cleaning products were locked and made inaccesible to children. This posed an immediate risk to children in care
- Correction status
- Plan of correction due by April 5, 2023
More details
- Official CA class
- Type A deficiency
- Report section
- CCR 101238(g)(1) - 101238(g)(1)
- Official code
- 101238(g)(1)
Medium concern: Environmental health
- Report finding
- Lead Testing Written Directives section 101700.3 (b)(1), a result with values of 5.5 ppb or greater shall be deemed an Action Level Exceedance. This requirement was not met as evidenced by: This exceedance levels found in “C” bubbler and sink was 11 ppb and in bubbler and sink "E" was 10 ppb. This poses a potential risk to the Health, Safety, or Personal Rights of children in care.
- Correction status
- Plan of correction due by April 7, 2023
More details
- Official CA class
- Type B deficiency
Medium concern: Staff training
- Report finding
- Administration of Child Day Care Licensing (1) On or before March 30, 2018, a person who, on January 1, 2018, is a licensed child day care provider, administrator, or employee of a licensed child day care facility shall complete the mandated reporter training provided pursuant to paragraphs (2) and (3) of subdivision (a), and shall complete renewal mandated reporter training every two years following the date on which he or she completed the initial mandated reporter training. This requirement is not met as evidenced by: Based on record review, the facility did not comply with the section cited above in 9 out of 10 staff files which poses a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by December 2, 2022
More details
- Official CA class
- Type B deficiency
- Report section
- HSC 1596.8662(b)(1) - 1596.8662(b)(1)
- Official code
- 1596.8662(b)(1)
Medium concern: Health or food records
- Report finding
- Personnel Records (d) All personnel records shall be maintained at the child care center and shall be available to the licensing agency for review. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above in 9 out of 10 staff files were missing documentation of immunizations which poses a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by December 2, 2022
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 101217(d) - 101217(d)
- Official code
- 101217(d)
No recorded violations in this report