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, the Santa Clara District Attorney’s office announced.
“Happy Happy Daycare” owners, Nina Fathizadeh, 41, and her mother, Shahin Gheblehshenas, 64, turned themselves in after being charged with child endangerment. On Oct. 2, three young children were allowed to play unsupervised on the licensed home day care’s rear patio and either jumped or fell into a pool, authorities said. A 16-month-old girl and an 18-month old girl died, and a 2-year-old was hospitalized but is expected to recover.
According to prosecutors, Happy Happy Daycare’s play area in the backyard was near a pool surrounded by a 5-foot fence.
On Oct. 2, Gheblehshenas had left to go to an unlicensed day care, and an employee called in sick, leaving Fathizadeh alone with four children.
She then let three of the children onto the rear patio “unsupervised and out of her sight” while the fourth child was in a crib while she made breakfast, prosecutors said. Though the pool was fenced, its gate had been propped open and neither owner checked it before the children were let outside.
Investigators also found gardening equipment and other potential hazards in the backyard.
At least five minutes after the children either jumped or fell in the pool, Fathizadeh went into the backyard, where she found the 2-year-old in the water and immediately attempted CPR, prosecutors said. Her brother, who was home at the time of the incident, then found the younger girls floating unconscious in the pool.
“There is a responsibility to watch over little children in your care like a hawk,” District Attorney Jeff Rosen said in a statement. “Now it is our responsibility to make sure that these defendants are held accountable for this avoidable and heartbreaking tragedy.”
According to records by the California Department of Social Services, the day care owners are facing at least six citations, some which cited the backyard pool where the children drowned.
A now-updated report dated Oct. 5 noted their license has been suspended and found that the day care owners did not ensure the pool was inaccessible to children.
“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,” the report read. “All families receiving services should be notified of the action taken by the Department. ”
According to court records, the mother and daughter do not yet have an attorney, but prosecutors said they are scheduled to be arraigned on Dec. 6. If convicted, they could be sentenced to jail time.