Recorded violations per inspection
- This provider
- 0.78
- Local median
- 0.45
ACTION DAY PRIMARY PLUS
5845 ALLEN AVENUE, San Jose, CA 95123
- Facility:
- 434408757
- Type:
- INFANT 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:
- 85
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 7, 2025
Latest inspection with no recorded violationsJuly 7, 2025
Summary
This summary covers nine available inspections for ACTION DAY PRIMARY PLUS from December 14, 2021 through July 7, 2025.
Six inspections recorded violations, with seven recorded violations in total.
The most recent higher-concern violation was on January 24, 2024 and involved child guidance, with a due date of January 25, 2024.
Two later inspections, from January 29, 2024 through July 7, 2025, showed no recorded violations, but the records do not say whether they were formal follow-ups.
At a glance
- Total inspections
- 9
- Recorded violations
- 7
- Higher-concern violations
- 3
- Repeated topics
- 0
0 in last 12 months
0 in last 12 months
0 in last 12 months
Last 36 months
Local comparison
9 total inspections vs 3 local median in 95123
Compared to 42 local facilities
Inspections with higher-concern violations
- This provider
- 33%
- Local median
- 15%
Inspections with recorded violations
- This provider
- 67%
- Local median
- 33%
Repeated topics
- This provider
- 0
- 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.
No repeated topics found
The available reports do not show the same violation topic appearing in more than one inspection during the last 36 months. Review the inspection history below for one-time violations or report details.
Inspection history
Available inspection history. Select a violation topic for more info.
No recorded violations in this report
No recorded violations in this report
Medium concern: Incident records
- Report finding
- 101212 Reporting Requirements (d) Upon the occurrence, during the operation of the child care center of any of the events specified in (d)(1) below, a report shall be made to the Department by telephone or fax within the Department's next working day and during its normal business hours. In addition, a written report containing the information specified in (d)(2) below shall be submitted to the Department within seven days following the occurrence of such event. (1) Events reported shall include the following: (C) Any unusual incident or child absence that threatens the physical or emotional health or safety of any child. This requirement was not met as evidenced by: Based on observation, interviews and record reviews, Licensee did not comply with section cited above. Licensee submitted an unusual incident report on 12/19/23 of an incident that happened on 11/29/23 which poses a potential threat to health and safety of children in care.
- Report comments
- Based on observation, interviews and record reviews, Licensee did not comply with section cited above. Licensee submitted an unusual incident report on 12/19/23 of an incident that happened on 11/29/23 which poses a potential threat to health and safety of children in care.
- Correction status
- Cleared at visit
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 101212(d)(1)(c) - 101212(d)(1)(c)
- Official code
- 101212(d)(1)(c)
Higher concern: Child guidance
- Report finding
- 101223 Personal Rights (a) The licensee shall ensure that each child is accorded the following personal rights: (3) To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse or other actions of a punitive nature including but not limited to: interference with functions of daily living including eating, sleeping or toileting; or withholding of shelter, clothing, medication or aids to physical functioning. This requirement was not met as evidenced by: Based on observation, interviews and record reviews, Licensee did not comply with section cited above: Child, C1 was grabbed by the arms to forcibly lay her down on the mat to sleep and was also pat roughly by a staff. This poses an immediate threat to health and safety of children in care.
- Report comments
- Based on observation, interviews and record reviews, Licensee did not comply with section cited above: Child, C1 was grabbed by the arms to forcibly lay her down on the mat to sleep and was also pat roughly by a staff. This poses an immediate threat to health and safety of children in care.
- Correction status
- Plan of correction due by January 25, 2024
More details
- Official CA class
- Type A deficiency
- Report section
- CCR 101223(a)(3) - 101223(a)(3)
- Official code
- 101223(a)(3)
Higher concern: Supervision
- Report finding
- 101429 Responsibility for Providing Care and Supervision for Infants (a) In addition to Section 101229, the following shall apply: (1) Each infant shall be constantly supervised and under direct visual observation and supervision by a staff person at all times. This requirement was not met as evidenced by: Based on observation, interviews and record reviews, a day care child sustained burn injuries on her left forearm while at the daycare which posed an immediate health, safety or personal rights risk to persons in care.
- Report comments
- Based on observation, interviews and record reviews, a day care child sustained burn injuries on her left forearm while at the daycare which posed an immediate health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by September 15, 2023
More details
- Official CA class
- Type A deficiency
- Report section
- CCR 101429(a)(1) - 101429(a)(1)
- Official code
- 101429(a)(1)
Medium concern: Staff training
- Report finding
- 101415.1 Assistant Infant Care Center Director Qualifications and Duties (a) In addition to the director, an assistant director shall be present and on duty if the center has 25 or more infants in attendance. This requirement was not met as evidenced by: Based on observation, interview and record review, Licensee did not comply with section cited above. Licensee did not have a qualified Assistant Infant Care Center Director for 44 children present upon inspection which posed a potential health, safety or personal rights risk to persons in care.
- Report comments
- Based on observation, interview and record review, Licensee did not comply with section cited above. Licensee did not have a qualified Assistant Infant Care Center Director for 44 children present upon inspection which posed a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by June 2, 2023
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 101415.1(a) - 101415.1(a)
- Official code
- 101415.1(a)
Medium concern: Environmental health
- Report finding
- 101700.3(b)(1)Lead Testing Written Directives 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 Based on on observation and record reviews, water sampling report for the facility indicated that water from two outlet sites have elevated lead greater than 5.5ppb which poses a potential health and safety or personal risk to children in care.
- Inspector notes
- Based on on observation and record reviews, water sampling report for the facility indicated that water from two outlet sites have elevated lead greater than 5.5ppb which poses a potential health and safety or personal risk to children in care.
- Correction status
- Plan of correction due by March 22, 2023
More details
- Official CA class
- Type B deficiency
No recorded violations in this report
Higher concern: Sleep safety
- Report finding
- Infant Care Center Sleeping Equipment. Cribs shall be free from all loose articles and objects, including blankets and pillows. This requirement is not met as evident by: Based on observation, LPA observed that there was child with a lovey in the crib, which poses a potential health and safety risk to children in care.
- Correction status
- Plan of correction due by July 26, 2022
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 101439.1(f) - 101439.1(f)
- Official code
- 101439.1(f)
Medium concern: Recordkeeping
- Report finding
- Modifications to Infant Needs and Services Plan (a) The written infant needs and services plan shall be updated at least quarterly, or as often as necessary to assure its accuracy. This requirement is not met as evidenced by: Based on record review, the licensee did not comply with the section cited above. LPA observed that C-1 and C-2 did not have updated Needs and Service Plan, which pose a potential health, safety or personal rights risk to persons in care.
- Correction status
- Plan of correction due by December 27, 2021
More details
- Official CA class
- Type B deficiency
- Report section
- CCR 101419.3(a) - 101419.3(a)
- Official code
- 101419.3(a)