SAN JOSE, CALIFORNIA: In a heart-wrenching incident that has shocked the community, two toddlers lost their lives, and another was hospitalized after falling into a swimming pool at a San Jose day care that had raised multiple concerns over its safeguarding practices.
The mother-daughter duo, Nina Fathizadeh, 41, and Shahin Gheblehshenas, 64, now face charges of neglect resulting in death and non-life-threatening injuries. The tragic incident unfolded when Fathizadeh left the children momentarily to prepare tea and oatmeal, as per Daily Mail.
Tragedy strikes at troubled San Jose day care
On October 2, the San Jose Police received a distress call for a welfare check at a residential day care located on the 1000 block of Fleetwood Drive. This day care doubled as the residence of Gheblehshenas.
Upon arrival, officers were confronted with a grim scene: several children had fallen into the day care's pool, a facility that had drawn attention with a string of violations, including two Type A citations – reserved for the most severe breaches – issued by social services since the beginning of the year.
The victims, listed in the documents as Jade and Payton Doe, aged 16 and 18 months, lost their lives in the tragic incident. A third child, listed as John Doe, just over two and a half years old, managed to survive but sustained injuries.
Nina Fathizadeh and Shahin Gheblehshenas left day care gates open and neglected duties
Authorities revealed that a child-safety gate had been left ajar between Sunday and Monday, leading up to the tragedy. The gate remained open while Gheblehshenas' husband tended to plants on Monday morning.
Although Gheblehshenas was aware of her husband's forgetfulness in closing the gate, she failed to inspect it before the day care's opening.
She subsequently left for what she believed was a doctor's appointment scheduled for the following week, even after Fathizadeh had voiced concerns about understaffing and with another worker already absent that day.
Instead of returning to the day care, Gheblehshenas opted to assist her daughter in running a second day care, an unlicensed one, at her home, caring for Fathizadeh's two children and two others. Meanwhile, at the original day care in Gheblehshenas' residence, the children were playing in the living room.
Fathizadeh allowed them into the backyard, where she had a clear view of the open pool gate but allegedly took no action to rectify the situation, according to police reports. She proceeded to prepare tea and oatmeal, momentarily losing sight of the children in the backyard.
When Fathizadeh finally noticed the pool gate propped open by a drying rack, she rushed to the pool area and discovered 'John Doe' floating in the shallow end, as stated in charging documents. She performed CPR, called 911, and continued resuscitation efforts.
Subsequently, she woke her sleeping brother, who found two toddlers floating in the deep end before dialing 911. Tragically, two of the children succumbed to their injuries, while the third is expected to survive.
Gheblehshenas and Fathizadeh turned themselves in at the San Jose Police Department and were placed in jail custody. Their arraignment is set for December 6.
San Jose day care had history of concerns and violations
The day care had attracted significant scrutiny over the years. California's Department of Social Services made eight visits to the facility in the past three years, including a specific visit to address pool-related issues.
During inspections, investigators discovered hazardous materials stored in the backyard near the pool and, during a 2021 visit, they identified gaps in the pool's fence.
The day care faced other issues, such as the failure to provide a criminal record clearance for an adult employee along with concerns about the staff's adequacy as compared to the number of children.
Fathizadeh herself had expressed reservations regarding understaffing. Additionally, the day care's management failed to conduct a fire and disaster drill in recent months. These factors underscore a series of lapses in safeguarding and management that have culminated in this heartbreaking tragedy.