Mental health petition denied in San Jose daycare drowning case as trial approaches

February 11, 2026 - 15:59

A Santa Clara County judge has denied a petition for mental health diversion, clearing the way for a jury trial to begin next week in the high-profile case stemming from the drowning deaths of two toddlers at a San Jose home daycare in 2022.

The defendants, daycare owners Nina Fathizadeh and Shahin Gheblehshenas, face felony child endangerment charges. The ruling this week rejected a bid by one of the defendants to avoid potential prison time through a treatment program, determining the request did not meet the legal criteria for diversion.

The long-awaited trial follows more than two years of preliminary hearings and delays since the tragic incident. Prosecutors allege the children, both under the age of three, were left unsupervised and accessed the backyard pool at the unlicensed facility. The case has cast a prolonged spotlight on daycare safety regulations and oversight.

With the diversion petition denied, the path is now set for opening statements. The trial will determine the criminal liability of the owners in a case that has deeply affected the local community and the families of the victims.