On the morning of Oct. 2, Shahin Gheblehshenas, 64, left four children at the house under her daughter’s care, according to the Santa Clara District Attorney’s Office.
Nina Fathizadeh, 31, was preparing breakfast while one of the children was in a crib and the other three children were in a rear play area, unsupervised and out of her sight, officials claimed.
After about five minutes after she put the three children in the play area, she found one floating in the pool and started CPR. Her brother found the other two young children unconscious in the deep end of the pool, according to authorities.
Officials said all three children were rushed to a nearby hospital, where Payton Cobb and Lilian Hanan were pronounced dead. The third child was listed in critical condition, but is now expected to fully recover.
Investigators determined a pool gate at the home daycare had been left propped open while someone watered plants. The daycare co-owners, investigators claimed, allegedly failed to check the gate.
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They are scheduled for arraignment in early December.
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Authorities said the Happy Happy Daycare was licensed in January 2021 and the Department of Social Services has visited the business at least eight times since, including once about the pool. Officials said the mother and daughter were told at the time to adjust the pool fence.
In January 2023, the daycare was cited for three violations, but the business received no violations during a June inspection.
Earlier this month, a surprise inspection resulted in a citation in connection with the business owners allegedly failed to document safe sleep checks every 15 minutes.
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