A California mother and daughter who own a San Jose day care were charged on Friday in the deaths of two toddlers who drowned while in their care, as announced by the Santa Clara District Attorney’s office .
The owners of “Happy Happy Daycare,” Nina Fathizadeh, 41, and her mother, Shahin Gheblehshenas, 64, voluntarily surrendered after facing charges of child endangerment. On October 2nd, three young children were allowed to play without supervision on the daycare’s rear patio and tragically fell or jumped into the pool, resulting in the deaths of a 16-month-old girl and an 18-month-old girl. Another 2-year-old child was hospitalized but is expected to recover.
According to the Santa Clara District Attorney’s office, Happy Happy Daycare’s play area in the backyard was adjacent to a pool with a 5-foot fence.
On October 2nd, Gheblehshenas left to attend an unlicensed daycare, and an employee called in sick, leaving Fathizadeh alone with four children.
Fathizadeh allowed three of the children to go outside unsupervised on the rear patio while she prepared breakfast and left the fourth child in a crib. Unfortunately, the gate to the pool was propped open, and neither owner checked it before allowing the children outside.
Investigators also discovered potential hazards in the backyard, including gardening equipment.
About five minutes after the children fell into the pool, Fathizadeh went outside and found the 2-year-old in the water. She immediately attempted CPR. The younger girls were discovered floating unconscious in the pool by Fathizadeh’s brother, who was present at the time.
District Attorney Jeff Rosen stated, “There is a responsibility to watch over little children in your care like a hawk. Now it is our responsibility to make sure that these defendants are held accountable for this avoidable and heartbreaking tragedy.”
According to records from the California Department of Social Services, the day care owners have received at least six citations, with some specifically mentioning the backyard pool where the drownings occurred.
A recent report dated October 5th indicated that their license has been suspended, citing their failure to ensure the pool’s inaccessibility to children.
The report stated, “The Department has determined [Gheblehshenas’] and Fathizadeh’s continued or future contact with clients or presence in any facility licensed by CDSS constitutes a threat to the health and safety of the children in care. All families receiving services should be notified of the action taken by the Department.”
According to court records, the mother and daughter currently do not have legal representation. However, they are scheduled to be arraigned on December 6th. If convicted, they could face jail time.
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