San Jose police responded to help firefighters with a welfare check at a residential day care around 9:05 a.m. on the 1000 block of Fleetwood Drive, officials said.
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Police say several children fell into a pool.
The third child's condition is now considered non-life threatening, police said.
UPDATE: 1-year-old girls ID'd as children who drowned in San Jose day care pool, coroner says
According to the Department of Social Services, the home daycare center was licensed in Jan. of 2021 to two women whose names are not being released at this time.
The state has conducted a total of eight visits including inspections since then.
The purpose of one visit was to discuss the pool.
In 2020, one state analyst wrote:
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"There is a pool that is fully fenced within the back yard. The fence is at least five feet high and is constructed so that the fence does not obscure the pool from view. The fence is made from a hard mesh material. The gate swings away from the pool, self-closes and has a self-latching device, located no more than six inches from the top of the gate. The gap between the fence and the floor is less than one inch."
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In 2021, the licensees had to adjust the pool fence.
In Jan. of this year, three citations were issued.
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Licensees failed to provide a criminal record clearance for an adult working at the home
Another citation was for not meeting ratio requirements, a state analyst observed five infants when the maximum is four.
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The other citation was failure to conduct a fire/disaster drill within the past six months.
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On June 6, a case management inspection found no deficiencies.
The most recent visit by the state was three weeks ago on Sept. 13. It was an unannounced visit.
The daycare center was cited. The licensees did not document safe sleep checks every 15 minutes.
The SJPD Homicide Unit and Santa Clara County District Attorney's Office are investigating the incident.