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State suspends license at San Jose residential day care where two toddlers drowned

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San Jose police investigate the deaths of two children after they were found in the backyard pool of the Happy Happy Home Daycare in the 1000 Block of Fleetwood Drive in San Jose, Calif., on Monday, Oct, 2, 2023. A third child, who is expected to survive, was also found in the pool. (Dai Sugano/Bay Area News Group)




SAN JOSE — A residential day care facility in San Jose’s Almaden neighborhood where two toddlers drowned earlier this week has had its operating license suspended and will face a sizable fine, according to authorities.

In a statement, state Department of Social Services spokesperson Jason Montiel said the agency notified Happy Happy Home Daycare that its license went under suspension at 5 p.m. Wednesday, pending a request by the facility’s owners for a hearing.

The department also notified the facility that its license may be revoked and the license holders could be barred from ever operating such a facility again.

The department also fined the owners $11,000 in civil penalties, Montiel said.

Two 1-year-old girls — identified by authorities Tuesday as Payton Cobb, of Hollister, and Lillian Hanan, of San Jose — were found Monday morning in a pool at the home and later pronounced dead after being taken to a hospital. A third child was found in the water with them and survived after being taken to a hospital.

Officers and firefighters were called at 9:05 a.m. Monday for a welfare check after being told of “several children in a pool,” San Jose police spokesperson Steve Aponte said. Two children were found in a state of “severe medical distress,” while another child was in the water when emergency workers arrived.

Sean Webby, a spokesperson for the Santa Clara County District Attorney’s Office, said police were still investigating the case; prosecutors were already reviewing the evidence to determine whether criminal charges would be filed.

State regulators have issued multiple citations to the facility over the past year for a variety of infractions. The most recent was for not properly documenting their checks on sleeping children under their care. They also were cited in January for having one too many infants at the house at one time.

Staff writers Jakob Rodgers and Austin Turner contributed to this developing report. Check back for updates.


Originally published at Rick Hurd

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