5th Place Community Childcare

AAC R9-5-302. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following: 1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Guidelines for positive discipline reflective of age-appropriate methods for children that include clear, appropriate, consistent expectations; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services; and 19. Policies and procedures for suspension and expulsion of children to include clear, appropriate, consistent expectations, including suspension and expulsion prevention strategies.

“Findings: Based on the Compliance Officers' observations and the review of the facility documentation, the statement of services lacked the following required information: * Charges, fees, and payment requirements for child care services. *Accident and emergency procedures. *The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises. *The Department’s phone number.”

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, there was animal feces in the west playground accessible to children.”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that: 1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on the Compliance Officers' observations and the review of the facility documentation, the file for Staff #1 (DOE: 05.04.26) lacked a Criminal History Affidavit.”

AAC R9-5-502.C.1.lk. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: k. 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 the Compliance Officers' observations and the review of the facility documentation, the infant feeding instructions lacked specific instructions for: *Child #1: The form lacked the solid food instructions; staff stated the child is currently eating solid foods. *Child #2: The form stated to feed soy milk; however, it did not specify the times and amount to be fed.”

AAC R9-5-518.A.1. A. A licensee providing a field trip for an enrolled child shall: 1. Obtain written permission from a parent before the enrolled child participates in a field trip including the: a. Date and description of the field trip; b. Times of departure from and return to the facility; and c. Name, street address, and telephone number, if any, of the field trip destination;

“Findings: Based on the Compliance Officers' observations and the review of the facility documentation, the facility did not obtain a written permission from the parents to participate in a field trip, that included: The date and description of the field trip, the times of departure from and return to the facility, and name, address, and phone number, if any, of the field trip destination. The staff member took the enrolled children to their house to pet her dogs.”

AAC R9-5-518.G. G. When six or more enrolled children are participating in a field trip, a licensee shall ensure that a child educator and at least one additional staff member are present on the field trip, including in each motor vehicle unless vehicles travel and remain together to and from the destination.

“Per allegation findings: Based on the Compliance Officers' observations, the review of the facility documentation, and staff and children statements, an additional staff member was not present when 13 children went on a field trip. *Staff statements: -"[Staff] goes [on field trips] by themselves with at least 13 children. [Staff] drops me off at the library; I stay with 13 children. -"School-Age staff goes to the library with 13 children. [Staff] dropped us off, then picked us up two times last week".”

AAC R9-5-511.A.6. A. A licensee shall provide each enrolled child who naps or sleeps at the facility with a separate cot or mat or a crib that meets the requirements of R9-5-502(A)(8) and ensure that: 6. An infant is placed to sleep on the infant’s back, unless the infant’s parent submits written instructions from the infant’s health care provider that states otherwise; and

“Findings: Based on the Compliance Officers' observations, the facility did not provide a cot for a child who was napping. In the School-Age Room, there was a child sleeping on the floor.”

AAC R9-5-502.A.1. A. A licensee providing child care services for infants shall: 1. Provide a wall-enclosed room for infants that provides exits required by R9-5-601(1);

“Findings: Based on the Compliance Officers' observations, the Infant Room door was open when infants were present.”

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 staff and children statements, the health, safety, and welfare of enrolled children was placed at risk of harm when a staff member took enrolled children to her home to pet her dogs on their way to a field trip destination. *Staff stated the following: -"She stopped by her apartment to pet her dogs, she told children not to say anything, or she would be in trouble". -"Children told their parents about the staff taking them to their house to pet the dogs. She told them not to talk". *Children stated the following: -"She took us to her house to see the puppy". -"[Staff husband] brought the puppies to the van; we didn't go inside her house".”

AAC R9-5-517.A.10. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall: 10. Ensure that the motor vehicle is: a. Maintained in a clean condition, b. In a mechanically safe condition, and c. Free from hazards; and

“Findings: Based on the Compliance Officer's observations, the van was not maintained in a clean condition; there were snack wrappers, empty water bottles, and food debris on the floor and seats.”

AAC R9-5-605.B.1. B. A licensee shall ensure that: 1. All designated exits, corridors, and passageways that provide escape from the building are unobstructed and unlocked during hours of operation;

“Findings: Based on the Compliance Officer's observations, the emergency exits in the Toddler Room and Pre-K (3-5Y) were locked during the hours of operation.”

AAC R9-5-512.F.8.9. F. A licensee shall ensure that: 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 Officer's observations, the caulking had a brown build-up, and it was cracked and detaching from the base of the toilet in the Pre-K (3-5Y) Restroom.”

AAC R9-5-512.B. B. A licensee shall maintain facility premises and furnishings: 1. In a clean condition, and 2. Free from odor.

“Findings: Based on the Compliance Officer's observations, there was a strong, pungent mildew smell when entering the Pre-K (3-5Y) Room and in the Toddlers playground. Additionally, in the Infant Room, there was a brown build-up on the infant feeding chairs and white smears on the blue ball basket.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on the Compliance Officer's observations, in the Infant Room, the diaper changing area was not maintained seamless and smooth; there was a sticker, and the paint on the diaper changing surface was peeling off. Additionally, there was a white and brown build-up in the sink faucet and drain.”

AAC R9-5-503.A.2. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 2. A hand-washing sink next to the diaper changing surface for staff use when changing diapers and for washing an enrolled child during or after diapering that provides: a. Running water between 86° F and 110° F, b. Soap from a dispenser, and c. Single-use paper hand towels from a dispenser;

“Findings: Based on the Compliance Officer's observations, the diapering sink water in the Infant Room was 120° F, rather than between 86° F and 110° F.”

AAC R9-5-502.C.3.a. C. A licensee shall ensure that: 3. When preparing, using, or caring for an infant's feeding bottles, a staff member: a. Labels each bottle received from the parent with the infant's name;

“Findings: Based on the Compliance Officer's observations, in the Infant Room, two baby bottles lacked the infant's first and last name.”

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. 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 the Compliance Officer's observations and review of facility documentation, the infant feeding instructions were not posted in the kitchen.”

AAC R9-5-502.C.1.lk. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: k. 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 the Compliance Officer's observations and review of facility documentation, it was determined that the feeding instructions in the Infant Room were not current for the following infants: *Child #9: The feeding instruction was not dated. *Child #10: The feeding instruction stated formula; however, there were no instructions on how many ounces or how often the child should be fed. *Child #11: The form lacked the date, signature, and feeding instructions. *Child #12: Lacked a feeding instruction form. *Child #13: Lacked the completed feeding instructions form.”

AAC R9-5-501.A.10. A. A licensee shall ensure that: 10. If a staff member places an enrolled child in a feeding chair when feeding the enrolled child, the: a. Feeding chair is constructed to prevent toppling; b. Tray or feeding surface of the feeding chair is smooth and free of cracks; and c. Staff member: i. Cleans the feeding chair before and after each enrolled child's use; ii. Sanitizes the tray or feeding surface before and after each enrolled child's use; and iii. If the feeding chair was manufactured with a safety strap, fastens the feeding chair's safety strap while the enrolled child is in the feeding chair;

“Findings: Based on the Compliance Officer's observations, there was an infant in the feeding chair, and the safety straps were removed.”

AAC R9-5-501.A.3. A. A licensee shall ensure that: 3. For enrolled infants and children five-years or younger, drinking water is available to meet the needs of each enrolled child;

“Findings: Based on the Compliance Officer's (CO) observations, the drinking water was not accessible to the children in the Toddler Room. The water was on a high shelf. When the CO entered the classroom, a few children grabbed the CO's hand and pulled the CO, pointing to the water. One of the children was crying.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on the Compliance Officer's observations and review of documentation, it was determined that the facility lacked a current violation-free fire inspection. The fire inspection on file expired on 03.11.25.”

AAC R9-5-305.A. A. A licensee shall not permit an enrolled child to attend a facility until the facility receives: 1. An immunization record for the enrolled child with the information required in 9 A.A.C. 6, Article 7, documenting that the enrolled child has received all current, age-appropriate immunizations required under 9 A.A.C. 6, Article 7: a. Provided by a healthcare provider, or b. Generated from the Arizona State Immunization Information System, which is the Department’s child immunization reporting system established in A.R.S. § 36-135; or 2. An exemption affidavit for the enrolled child provided by the enrolled child’s parent that contains a statement, signed by the enrolled child's: a. Health care provider, that the immunizations required by 9 A.A.C. 6, Article 7 would endanger the enrolled child’s health or medical condition; or b. Parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on the Compliance Officer's observations and review of children's files, it was determined that the files for Child #1 and Child #5 lacked immunization records.”

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 an Emergency, Information, and Immunization Record that is no more than a two-page written notice, and is signed by the enrolled child’s parent containing: 1. The child’s name, home address, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, email address, and 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 the nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(14); 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 observations, 7 out of 12 children's Emergency cards reviewed lacked the following information: *Child #1: The name and phone number of a second individual authorized to collect the child from the facility in case the parent cannot be contacted *Child #2: The name, home address, and phone number of the second parent, and the name and phone number of the child’s health care provider. *Child #3, Child #4, Child #6, and Child #8: The name, home address, and phone number of the second parent. *Child #7: The name and phone number of two individuals authorized to collect the child from the facility in case the parent cannot be contacted. **Previously cited on 09.04.24”

AAC R9-5-501.C.4. C. A licensee shall ensure that a staff member:4. Except as provided in subsection (D), prepares and posts in each indoor activity area, a current schedule of children’s age-appropriate activities, including the times the following are provided: a. Meals and snacks; b. Naps; c. Indoor activities; d. Outdoor or large muscle development activities; e. Quiet and active activities; f. Teacher-directed activities; g. Self-directed activities; h. Activities for individuals, groups of five or fewer children, and groups of six or more children; and i. Activities that develop small muscles;

“Findings: Based on CO's observations and a review of facility documentation, the 1's room lacked a posted activity schedule.”

AAC R9-5-305.A. A. A licensee shall not permit an enrolled child to attend a facility until the facility receives: 1. An immunization record for the enrolled child with the information required in 9 A.A.C. 6, Article 7, documenting that the enrolled child has received all current, age-appropriate immunizations required under 9 A.A.C. 6, Article 7: a. Provided by a healthcare provider, or b. Generated from the Arizona State Immunization Information System, which is the Department’s child immunization reporting system established in A.R.S. § 36-135; or 2. An exemption affidavit for the enrolled child provided by the enrolled child’s parent that contains: a. A statement, signed by the enrolled child’s health care provider, that the immunizations required by 9 A.A.C. 6, Article 7 would endanger the enrolled child’s health or medical condition; or b. A statement, signed by the enrolled child’s parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on CO's observations and a review of facility documentation, 4 of 15 Emergency Information and Immunization Record cards reviewed lacked documentation of immunizations or an exemption affidavit.”

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 Compliance Officer's (CO) observations and a review of facility documentation, 8 of 15 Emergency Information and Immunization Record cards reviewed lacked the following required information: **Child #1 - Child and parent/guardian #2's city, state, zip code; health care provider phone number; 2nd emergency contact **Child #2 - Parent/guardian #1's name, street address, city, state, zip code, phone number; health care provider name and phone number **Child #3 - Date of enrollment; page 2 incomplete (nutritional and dietary needs of the child; the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance); parent signature **Child #4 - Child's city, state, zip code; physical conditions of which a staff member should be aware **Child #5, Child #7 (Transportation EIIR) - Child and parent/guardian #1's city, state, zip code; health care provider name and phone number; 2nd emergency contact **Child #6 (Transportation EIIR) - Parent/guardian #1's city, state, zip code; health care provider name and phone number; 2nd emergency contact **Child #8 (Transportation EIIR) - page 2 incomplete (nutritional and dietary needs of the child; the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance)”

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 CO's observations, the personal products were not labeled with a child's first and last name: **Infant - Wipes labeled with a first initial and last name and one with no name **1's Room - Diaper ointment with no name; wipes labeled with a first name only”

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 CO's observations and a review of facility documentation, 1 of 3 enrolled infants lacked documentation of feeding instructions completed by the parent or health care provider.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on CO's observations, the following diapering areas were not seamless and smooth/kept clear of items: **Infant - Bib on the surface **1's Room - 1-inch, hairline crack in the surface at one corner; 2 1/4-inch holes on each side of surface; a sponge brush, toy and cardboard box of gloves on the surface”

AAC R9-5-516.I. I. Except as specified in A.R.S. § 36-2229(B) through (D), a licensee shall ensure that a facility does not stock a supply of medications for administration to enrolled children, including:1. Any prescription medication; or 2. A nonprescription medication such as aspirin, acetaminophen, ibuprofen, or cough syrup.

“Findings: Based on CO's observations, the first aid kit in the vehicle used to transport enrolled children contained packets of burn cream, antibiotic ointment, and hand sanitizer.”

AAC R9-5-518.C. C. A staff member shall verify the presence of each enrolled child and place a checkmark next to the enrolled child’s name on the list required in subsection (B)(3) for each enrolled child who is present at the following times:1. At the beginning of the field trip or when boarding the motor vehicle, 2. Upon arrival and each hour while at the field trip destination, 3. When preparing to leave the field trip destination or when boarding the motor vehicle to return to the facility, and 4. When reentering the facility at the conclusion of the field trip.

“Findings: Based on CO's observations and a review of facility documentation, the facility's field trip to the pool on 06/07/2024 lacked documentation of attendance when leaving the field trip location.”

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 CO's observations, the following outdoor activity areas were not maintained free from hazards and accessible to enrolled children: **North playground - Spider webs on a child's sit-on rocker **West playground - Unsecured, metal pipe coming down the wall from the roof to the ground”

AAC R9-5-401.3. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:3. A teacher-caregiver is 18 years of age or older and provides the licensee with documentation of one of the following: a. Six months of child care experience and: i. A high school diploma or high school equivalency diploma; or ii. At least 12 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; b. Associate or bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field; or c. N.A.C., C.D.A., or C.C.P. credential;

“Findings: Based on CO's observations and a review of 6 staff files, Staff #1 (DOE 09/30/2022), Staff #2 (DOE 08/05/2024), and Staff #3 (DOE 01/24/2024) were acting in the capacity of teacher-caregivers and each lacked education documentation to qualify.”

AAC R9-5-501.A.13. A. A licensee shall ensure that:13. Toys and play equipment, required in this Article, are maintained: a. Free from hazards, and b. In a condition that allows the toy or play equipment to be used for the original purpose of the toy or play equipment;

“Findings: Based on CO's observations, the following play equipment was not maintained free from hazards and accessible to enrolled children: **North playground - Wooden housekeeping rack with peeling laminate **Infant playground - 2 large play cushions with peeling vinyl”