Mom and daughter are arrested after two toddlers were left unattended and drown in pool at their California daycare

Shahin Gheblehshenas, 64
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A woman and her daughter have been arrested after two children died and another was hospitalized when they fell into a pool at a daycare that has been repeatedly investigated over concerns about poor protection.

Nina Fathizadeh (41) and mother Shahin Gheblehshenas (64) were arrested and charged with neglect resulting in death and non-life threatening injuries after the incident occurred when Fathizadeh left to finish tea and oatmeal.

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San Jose, Calif., police were called to a residential day care on the 1000 block of Fleetwood Drive, in the city’s south side, on the morning of Oct. 2 to assist firefighters with a welfare check. The daycare was also Gheblehshenas’ home.

Cops said several children fell into a pool at the daycare, which has received six citations from social services since the start of this year, including two type A, which are reserved for the most serious offenses.

The two children who died — listed in charging documents as Jade and Payton Doe — were just 16 and 18 months old. The third victim – listed as John Doe – was just over two and a half years old.

Shahin Gheblehshenas, 64

Shahin Gheblehshenas, 64

Nina Fathizadeh, 41

Nina Fathizadeh, 41

Nina Fathizadeh (pictured right), 41, and mother Shahin Gheblehshenas, 64 (pictured left) were arrested and charged with neglect resulting in death and non-life-threatening injuries after the incident occurred when Fathizadeh left to finish tea and oatmeal to make.

Authorities said a pool child safety gate had been left open between Sunday and Monday before the tragedy and remained open when Gheblehshenas’ husband opened it to water plants Monday morning.

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Gheblehshenas knew her husband often watered plants and often forgot to close the gate, but failed to check before daycare opened that same day and asked no one to do it for her.

She then left after the first child was dropped off at daycare, believing she had a doctor’s appointment that she said was actually scheduled for the following week.

Charging documents claim she then ‘chose not to return to the daycare in her home’, even though Fathizadeh had already complained about understaffing and another worker already absent that day.

Gheblehshenas chose to go into her daughter’s home instead, where the two women operated a second, unlicensed daycare to care for Fathizadeh’s two children and two other children.

At the original daycare at Gheblehshenas’ home, the children were playing in the living room when Fathizadeh let them into the backyard. She could clearly see the open pool gate but allegedly did nothing about it.

She then went to make the tea and oatmeal, but did not have a view of the children in the backyard.

“When (Fathizadeh) saw that the gate to the pool was pried open by a drying rack, (Fathizadeh) went to the pool and located John Doe floating in the shallow end,” the charging document states.

San Jose cops said several children were found in the pool

San Jose cops said several children were found in the pool

San Jose cops said several children were found in the pool

Police cordoned off the area to investigate the incidents

Police cordoned off the area to investigate the incidents

Police cordoned off the area to investigate the incidents

Fathizadeh got the boy, listed as John Doe, out of the pool and performed CPR before taking him to a living room, calling 911 and giving him CPR again.

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She then went to her brother, who was sleeping in his bedroom, and woke him up. The brother found the two toddlers in the deep end before removing them and calling 911 himself.

Two of the children died in hospital, but the third survived and is now in a non-life-threatening condition.

Gheblehshenas and Fathizadeh turned themselves in to the San Jose Police Department on Friday and were booked into a jail cell. Their arraignment is scheduled for December 6.

The day care was visited eight times by the California Department of Social Services over the three years, with one visit specifically to talk about the pool in the day care’s backyard.

The daycare has already come under serious scrutiny for its alleged safeguarding failures

The daycare has already come under serious scrutiny for its alleged safeguarding failures

The daycare has already come under serious scrutiny for its alleged safeguarding failures

The managers of the daycare were criticized for piling up ‘hazardous materials’ in the backyard near the swimming pool.

Additionally, investigators found several gaps in the pool’s fence during a 2021 visit.

Other reported threats over the years include a failure to provide a criminal record clearance for an adult who worked in the residential day care.

The day care was also not properly staffed, with state investigators finding that there were too many children in the building for the number of staff members working there, something Fathizadeh herself was concerned about.

The daycare’s managers have also failed to conduct a fire/disaster drill in recent months.

Mom and daughter are arrested after two toddlers were left unattended and drown in pool at their California daycare

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