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Daycare owners arrested after 2 children drowned in pool

The two daycare owners are a mother and daughter who operated an additional unlicensed daycare center.
The pool in San Jose, Calif., where two children at a day care facility drowned.
The pool in San Jose, California, where two children at a day care facility fatally drowned.KNTV

Mother and daughter owners of a San Jose home daycare have been arrested in relation to the fatal drownings of two children under their watch.

Shahin Gheblehshenas, 64 and her daughter Nina Fathizadeh, 41, surrendered to law enforcement on Oct. 13 after homicide unit deceives authored warrants for their arrests. The two are charged with felony child endangerment for the criminal negligence that resulted in the fatal drownings of two toddlers in a backyard pool, according to a news release from the Santa Clara County District Attorney’s Office.

The toddlers were 16 and 18-month-old girls who were pronounced dead from drowning after finding their way through a propped gate.

One other child — a 2-year-old who was found floating in the pool that day — was left in critical condition but is expected to make a full recovery.

Santa Clara County District Attorney’s Office did not immediately respond to TODAY.com’s request for comment.

The deaths took place sometime in the morning of Oct. 2 at Happy Happy Daycare in San Jose, California, which the two women-owned.

According to the district attorney's news release, Gheblehshenas left the children at the daycare so that she could go to another unlicensed daycare located at her daughter's home. The children at Happy Happy Daycare were left alone only with Fathizadeh because another separate daycare worker called in sick.

Fathizadeh called 911 emergency services at approximately 9 a.m. to report a drowning at the licensed daycare center, where police learned that four children were present and that one more was on the way.

Fathizadeh left one child in a crib and let three others into a rear patio play area, where they were unattended and out of sight while she made breakfast. The police's statement of facts for the incident states that at this time, Fathizadeh had a view of the gate, which was open, but did nothing to close it.

According to the news release, the play area was located adjacent to a pool surrounded by a five-foot fence. Police reported that they found gardening equipment and other potential hazards in the backyard.

At least five minutes between the time Fathizadeh let the children into the backyard and returned to find one of them floating in the pool. While attempting CPR, Fathizadeh's brother discovered the 16 and 18-month-old girls floating in the pool, unconscious.

Investigators discovered that the gate to the backyard pool had been propped open and learned that neither Fathizadeh nor Gheblehshenas checked to make certain that it was closed despite it having previously been propped open regularly to water plants.

Gheblehshenas and Fathizadeh are expected to be arraigned on Dec. 6. It was not immediately clear if they had legal representation.

San Jose District Attorney Jeff Rosen issued a statement regarding the deaths, according to the news release.

“There is a responsibility to watch over little children in your care like a hawk,” he said. “Now it is our responsibility to make sure that these defendants are held accountable for this avoidable and heart-breaking tragedy.”