2 children dead, 1 hospitalized after falling into pool at San Jose day care: Police

Two children died and a third was hospitalized after they fell into a pool while at a day care in San Jose Monday, investigators said.

Police and fire department officials responded to the day care for a welfare check around 9:05 a.m., according to the San Jose Police Department (SJPD).

The police were told that "several juveniles had fallen into a pool," the SJPD said.

Three children were rushed to local hospitals in critical condition, police said. Two of the victims, who were under the age of 5, were pronounced dead at the hospital, San Jose Police spokesperson Steve Aponte told reporters on Tuesday.

The third child suffered non-life-threatening injuries, Aponte said.

None of the victims were siblings, police said.

Police remained at the scene of the day care for the remainder of the day.

Investigators are asking neighbors for any video evidence they may have, Aponte said. He did not have any information on how the children gained access to the pool.

"Per county protocol for all child deaths, the SJPD Homicide Unit in conjunction with Santa Clara County District Attorney's Office will be conducting a joint investigation into the circumstances of the incident," the police said in a statement.

The district attorney's office will determine any charges once the investigation is complete, Aponte said.

The day care was licensed in January 2021 for up to eight children and the pool was noted as an "off-limits" area in the license, according to ABC San Francisco station KGO. In 2021, the day care was instructed to adjust the pool fence, KGO said.

During the most recent visit last month, the day care was cited for not documenting safe sleep checks every 15 minutes, KGO reported.