Nina Fathizadeh, 41, and mum, Shahin Gheblehshenas, 64, face felony charges after the children drowned while unattended at Happy Happy Daycare in San Jose, California

A mum and her daughter have been arrested after two children died in a tragic swimming pool accident while left unattended at a day care.

Nina Fathizadeh, 41, and her mother, Shahin Gheblehshenas, 64, face felony charges of neglect resulting in death and non-life-threatening injuries after the incident at Happy Happy Daycare in San Jose, California, on October 2.

Two children drowned in the day care's backyard swimming pool while another was left injured and recovered from the water, according to prosecutors.

They had been left alone while Fathizadeh prepared tea and oatmeal. Gheblehshenas was at a different day care on the day, leaving them short of staff after another worker called in sick. Fathizadeh returned to the pool five minutes later to find one of the children, a two-year-old boy, floating and unconscious.

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Nina Fathizadeh, 41, has been arrested and charged with neglect resulting in death and non-life threatening injuries (

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Shahin Gheblehshenas, 64, was at another day care when the drowning happened (

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She gave him CPR and called 911, before waking up her brother in the bedroom to alert him to the situation. The brother then discovered the two girls aged 16 and 18 months floating in the deep end, and the pair were later pronounced dead in hospital. The two-year-old is expected to make a full recovery.

Prosecutors said a gate had been propped open to allow Gheblehshenas' husband to water plants, meaning the children could access the pool. Gheblehshenas had been on-site to at the start of the day but left after the first child was dropped off, before leaving to an unlicensed day care at her daughter's home. Four children were said to have been at Happy Happy Daycare at the time of the incident, while another had been on the way.

Police said a fence had been propped open, allowing children access to the pool (

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State officials have since suspended the day care's licence, with details emerging of numerous issues in the past surrounding the centre. It was visited eight times in the space of just three years by California's Department of Social Services, according to the MailOnline, and one of these was specifically regarding the swimming pool. "Hazardous materials" were also said to have been stored nearby on another occasion, while a 2021 visit turned up several gaps in the fence.

In a statement after the two women were charged, District Attorney Jeff Rosen said: "There is a responsibility to watch over little children in your care like a hawk. Now it is our responsibility to make sure that these defendants are held accountable for this avoidable and heart-breaking tragedy."

One neighbour meanwhile told local television station FOX 2 KTVU: "I don't think any parent would want to have to deal with that or live through that." Gheblehshenas and Fathizadeh turned themselves into San Jose Police Department on Friday, and will be arraigned on December 6.