1st Academy Preschool & Childcare

AAC R9-5-517.A.9. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall: 9. Ensure that the motor vehicle has: a. A working mechanical heating system capable of maintaining a temperature throughout the motor vehicle of at least 60° F when outside air temperatures are below 60° F; b. Except as provided in subsection (E), a working air-conditioning system capable of maintaining a temperature throughout the motor vehicle at or below 86° F when outside air temperatures are above 86° F; c. Except as provided in subsection (F), a first aid kit that meets the requirements of R9-5-514(A); d. Two large, clean towels or blankets; and e. Sufficient drinking water available to meet the needs of each enrolled child in the motor vehicle and sufficient cups or other drinking receptacles so that each enrolled child can drink from a different cup or receptacle;

“Findings: Based on staff statement and the Compliance Officer's observations, 1 of 2 vehicles (license plate CL92292) lacked a working mechanical heating and air conditioning system. Staff stated they just alerted upper management that the heating and cooling systems were in operable.”

AAC R9-5-509.C.13. C. A licensee shall ensure that: 13. Each staff member is informed of a modified diet prescribed for an enrolled child by the child’s parent or health care provider, and the modified diet is posted in the kitchen and in the child’s activity area;

“Findings: Based on the Compliance Officer's observations, the kitchen lacked a posted allergy list.”

AAC R9-5-404.C.3. C. A licensee shall ensure that:3. When six or more enrolled children are present in a facility, an infant is not placed for supervision with a child who is not an infant.

“Findings: Based on Compliance Officer's observation and information provided by the staff, there was 1 infant placed for supervision with 3 one-year-old children who were asleep on cots in the Infant classroom, when more than 6 children were present at the facility.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Based on Compliance Officer's observation, the 1/2’s classroom was in staff-to-child ratio of 1:9, instead of the state mandated staff-to-child ratio of 2:9.”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on Compliance Officer's observation and review of facility documentation, the roster in the Infant classroom reflected the presence of 3 children, however 4 children were actually present in the classroom.”

AAC R9-5-502.C.1.l. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: l. Obtains written, current, and dated dietary instructions from a parent or health care provider regarding the method of feeding and types of foods to be prepared or fed to an infant at the facility;

“Findings: Based on facility documentation and the Compliance Officer’s observation, in the Infant room, the written dietary forms lacked the following information: Child #1: how much formula the infant is to be fed. Child #2: the type of formula the infant is to be fed. Child #3: how much formula and how often the infant is to be fed.”

AAC R9-5-509.C.23. C. A licensee shall ensure that:23. A freezer at the child care facility maintains a temperature of 0° F or below, as shown by a thermometer kept in the freezer at all times; and

“Findings: Based on the Compliance Officer's observation, in the Infant room, the temperature of the freezer was 39° F rather than 0° F or below as required.”

AAC R9-5-501.A.12. A. A licensee shall ensure that: 12. The facility premises, including the buildings, are maintained free from hazards;

“Findings: Based on the Compliance Officers observation, the following hazards were accessible to enrolled children: *In the EHS room #123, there were two pencil sized holes with exposed drywall in the 1/2 wall under the changing table. *In the School-Age Room, there was strip of base of baseboard missing from the wall under the sinks.”

AAC R9-5-501.C.5. C. A licensee shall ensure that a staff member:5. Except as provided in subsection (D), prepares and posts a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Finding: Based on facility documentation and the Compliance Officer’s observation, in the School-age room #112, the lesson plan was not posted. In the One’s room # 119 and in the EHS room #123, the lesson plan was not current (dated 2/10- 2/21/2025).”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and the Compliance Officer’s observation, 3 out of 20 Emergency, Information, and Immunization Record cards reviewed lacked the following information: *Child #1, Child #2 & Child #3: Date of enrollment.”

AAC R9-5-501.C.9. C. A licensee shall ensure that a staff member:9. Does the following when a parent permits or asks a staff member to apply personal products on an enrolled child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, toothpaste, and baby diapering preparations: a. Obtains the enrolled child’s personal products from the enrolled child’s parent or, if the licensee provides the personal products for use by the enrolled child, obtains written approval for use of the products from the enrolled child’s parent; b. Labels the personal products with the enrolled child’s name; and c. Keeps the personal products inaccessible to enrolled children;

“Findings: Based on the Compliance Officers observation, in the One’s Room #119 and the EHS room #123, there were 4 diaper wipes/creams the lacked the enrolled children’s first and last names.”

AAC R9-5-603.C. C. Except as provided in subsection (D), a licensee shall ensure that an outdoor activity area:1. Is enclosed by a fence: a. A minimum of 4 feet high; b. Secured to the ground; and c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches; 2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and 3. Has gates that are kept closed while an enrolled child is in the outdoor activity area

“Findings: Based on the Compliance Officers observation, on the Preschool playground, there were 3 tricycles with missing rubber handle grips and exposed metal.”

AAC R9-5-512.F. F. A licensee shall ensure that:1. Each toilet room in a facility contains, within easy reach of enrolled children: a. Mounted toilet tissue; and b. Except as provided in subsection (G): i. A sink with running water; ii. Soap contained in a dispenser; and iii. Disposable, single-use paper towels in a mounted dispenser, or a mechanical air hand dryer; 2. Staff members wash their hands with soap and running water after toileting; 3. An enrolled child’s hands are washed with soap and running water after toileting; 4. Except for a cup or receptacle used only for water, food waste is stored in a covered container and the container is clean and lined with a plastic bag; 5. Food waste and other refuse is removed from the facility building at least once every 24 hours or more often as necessary to maintain a clean condition and avoid odors; 6. A staff member or an enrolled child does not draw water for human consumption from a toilet room handwashing sink; 7. Toys, materials, and equipment are maintained in a clean condition; 8. Plumbing fixtures are maintained in a clean and working condition; and 9. Chipped or cracked sinks and toilets are replaced or repaired.

“Findings: Based on the Compliance Officers observation, in the Three’s room #107, the faucet handle was broken. The handle was not attached and the sink was inoperable.”

AAC R9-5-403.B. B. A licensee shall ensure that:1. Each staff member who provides child care services completes 18 or more actual hours of training every 12 months after the effective date of this Chapter or the staff member’s starting date of employment or volunteer service in at least two topics listed in this subsection: a. Child growth and development, including: i. Infant growth and development, which may include sudden infant death syndrome prevention; ii. Developmental psychology; iii. Language development; iv. Observation and child assessment; v. Developmentally-appropriate activities; vi. Child guidance and methods of discipline which may include training on the appropriate techniques to prevent a child from harm or to prevent the child from harming others; and vii. Developmentally-appropriate activity areas; b. Health and safety issues, including: i. Accident and emergency procedures, including CPR and first aid for infants and children; ii. Recognition of signs of illness and infestation; iii. Nutrition and developmentally-appropriate eating habits; iv. Child abuse detection, reporting, and prevention; v. Safety of indoor and outdoor activity areas; and vi. Sun safety policies and procedures; c. Program administration, planning, development, or management; and d. Availability of community services and resources, including those available to children with special needs; and 2. As part of the required 18 hours of training in subsection (B)(1): a. A staff member who has less than 12 months of child care experience before the staff member’s starting date, completes at least 12 hours in one or more of the topics in subsection (B)(1)(a) in the staff member’s first 12 months at the facility; b. A staff member who has 12 months or more of child care experience, completes at least 6 hours in one or more of the topics in subsection (B)(1)(a) every 12 months after the staff member’s starting date; c. A staff member who provides child care services to an infant completes at least 6 hours in subsection (B)(1)(a)(i) every 12 months after the staff member’s starting date; and d. A facility director completes at least 6 hours in subsection (B)(1)(c) every 12 months after the facility director’s starting date.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 3 out of 4 staff files reviewed lacked the required 18 hours of annual training documentation: Staff #1: an additional 9 hours of annual training for the time period of 4/10/2023 through 4/10/2024. Staff #2: an additional 12 hours of annual training for the time period of 7/22/2023 through 7/22/2024. Staff #3: an additional 14 hours of annual training for the time period of 5/23/2023 through 5/23/2024.”

AAC R9-5-502.C.1.m. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: m. Posts the current written dietary instructions in the infant room and the kitchen and maintains the instructions on facility premises for 12 months after the date of the instructions; and

“Findings: Based on facility documentation and the Compliance Officer’s observation, a copy of the current written dietary forms were not posted in the kitchen.”

AAC R9-5-501.A.1. A. A licensee shall ensure that:1. In addition to complying with the requirements in this Chapter, the health, safety, or welfare of an enrolled child is not placed at risk of harm;

“Findings: Based on the Compliance Officers’ review of footage of a video for 10/1/2024, Staff #1 did not ensure the health, safety, and welfare of enrolled children in the 2’s Room, when Staff #1 forcefully flipped Child #1 onto the diaper changing table and then walked away, leaving Child #1 on top of the table. Per the video footage, the following was observed: Staff #1 stood at the diaper changing area as Child #1 got up on the steps leading to the surface climbing to the top. Staff #1 proceeded to grab Child #1 by the left arm and put their right arm on the buttocks of Child #1 and forcefully flipped the child over onto their back on the diaper changing surface. Child #1 got on their knees on the diaper surface and Staff #1 again grabbed Child #1 by the left leg and flipped Child #1 over onto their back. Staff #1 then walked away leaving Child #1 on the diaper changing table alone.”

AAC R9-5-501.C.1. C. A licensee shall ensure that a staff member: 1. Supervises each enrolled child at all times;

“Findings: Based on the Compliance Officers’ observations of the video footage for 10/1/2024, Staff #1 did not supervise an enrolled child in the 2’s Room at all times when she left a child alone on the diaper changing surface. Per the video footage, Child #1 was not supervised when Staff #1 walked away from the diaper changing area, leaving Child #1 alone on the diaper changing surface. Staff #1 walked across the room with her back to the child to retrieve an item from a shelf. Staff #1 was not accountable for the child's actions.”

AAC R9-5-510.A.2. A. A licensee shall ensure that a staff member: 2. Teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior;

“Findings: Based on the Compliance Officers’ observations of the video footage for 10/1/2024 and Staff statements, Staff #1 did teach, model, and encourage orderly conduct, personal control, and age-appropriate behavior to a 2-year-old child. Per the video footage, Child #1 walked up to the diaper changing area to receive a diaper change, and paused at the base of the stairs to the surface. Staff #1 stated harshly, "Climb yourself. You're not a baby". When the child reached the top of the stairs and their foot slipped, the child paused and started to step back down, and Staff #1 stated, "Get up the stairs". Staff #1 stated: I did not mean to snap like that.”

ARS § 36-883.02.A. A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work.

“Findings: Based on the Compliance Officers’ observations, review of facility documentation and information provided by Staff at the time of the inspection, the Staff file for Staff #1 (start date 07/01/2024) had documentation of a valid fingerprint clearance card but the following was found: 1) The application for Staff #1 was received on 07/01/2024 according to the DPS website and the card was issued on 07/05/2024, 4 days after Staff #1 started employment.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Per allegation, based on Compliance Officer #1’s observations, in the 3’s room, the ratio was 1:11 with a required ratio of 1:8 when the youngest child in the room was 2-years old on the date of the complaint investigation, 10/7/2024.”

AAC R9-5-603.C. C. Except as provided in subsection (D), a licensee shall ensure that an outdoor activity area:1. Is enclosed by a fence: a. A minimum of 4 feet high; b. Secured to the ground; and c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches; 2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and 3. Has gates that are kept closed while an enrolled child is in the outdoor activity area

“Findings: Based on the Compliance Officers' observations, the following hazards were accessible to children on the Toddler playground: *There was an area of rust and flaking black paint on the South gate. *There was an exposed electrical wire protruding from a metal pole by the South wall. *There was exposed raw and unsealed wood throughout the writing desk. *There was a tall, unstable black cabinet that was easily tippable.”

AAC R9-5-512.G. G. A licensee may have a sink with running water, soap contained in a dispenser, and single-use paper towels in a mounted dispenser or a mechanical air hand dryer located directly outside a toilet room if an enrolled child exiting the toilet room can access the sink, soap, and paper towels or air hand dryer without having to cross space that is used for any activity.

“Findings: Based on the Compliance Officers' observations, there was an activity bin containing toys in the space between the 3's Room toilet and the toileting handwashing sink.”

AAC R9-5-503.B. B. A licensee shall ensure that a staff member does not:1. Permit a bottle, formula, food, eating utensil, or food preparation in a diaper changing area; 2. Draw water for human consumption from a diaper changing area sink; or 3. Except as provided in subsection (C), if responsible for food preparation, change diapers until food preparation duties have been completed for the day.

“Findings: Based on the Compliance Officers' observations and staff interview, there was a bottle drying rack under the paper towel dispenser for the diaper handwashing sink. Staff stated that bottles used by infants are washed in the diaper handwashing sink.”

AAC R9-5-501.A.21. A. A licensee shall ensure that:21. Except when used as part of an activity, the following are stored in an area inaccessible to an enrolled child: a. Garden tools, such as a rake, trowel, and shovel; and b. Cleaning equipment and supplies, such as a mop and mop bucket.

“Findings: Based on the Compliance Officers' observations, the following was accessible to enrolled children: *There was a broom on the floor next to the refrigerator in the Infant room. *There was a broom on the floor next to the playground exit door in the School-Age room.”

AAC R9-5-203.C. C. Except as provided in A.R.S. § 41-1758.03, a licensee shall ensure that each staff member, before starting date of employment or volunteer service, submits to the licensee a copy of the staff member’s valid fingerprint clearance card,front and back, issued under A.R.S. Title 41, Chapter 12, Article 3.1.

“Findings: Based on the Compliance Officers' observation and facility documentation, the file for Staff #1 lacked a copy of the staff member's current fingerprint clearance card.”

AAC R9-5-501.A.12. A. A licensee shall ensure that: 12. The facility premises, including the buildings, are maintained free from hazards;

“Findings: Based on the Compliance Officers' observations, the following hazards were accessible to enrolled children; *In the 5's room, a pencil sharpener cord was hanging loosely from a wall shelf to an outlet next to a stack of cots. Two cords from a fish tank were draped down a shelf to an outlet between the art shelf and a child-sized dustpan rack. *In the 3's room, 2 pairs of adult scissors were located on an activity shelf. The baseboard molding under the bathroom's handwashing sink was partially detached from the wall.”

AAC R9-5-501.A.19. A. A licensee shall ensure that:19. Except as provided in subsection (A)(20), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“Findings: Based on the Compliance Officers' observations, a bottle of sanitizer spray was accessible to enrolled children hanging from the East wall in the 4's room.”