A New Leaf's Phoenix Day

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 and Compliance Officer Supervisor's observation, in the Toddler A classroom, there was a build up of a brown/gray fuzzy substance on the fans.”

AAC R9-5-509.C.21. C. A licensee shall ensure that: 21. A refrigerator at the child care facility maintains a temperature of 41° F or below and a freezer maintains a temperature of 0° F or below, as shown by a thermometer kept in the refrigerator and in the freezer at all times;

“Findings: Based on the Compliance Officer and Compliance Officer Supervisor's observation, the temperature of the infant classroom freezer measured at 10 degrees F, rather than 0 or below degrees F as required.”

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 and Compliance Officer Supervisor's observation, the diaper changing water temperature was not maintained between 86° F and 110° F, as follows: *Infant Room: 67° F *Toddler 1's and 2's Room A: 65° F *Toddler 1's and 2's Room A: 68° F *Pre-K Room: 73° F ”

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 Officer and Compliance Officer Supervisor's observation, it was determined that the infant classroom door was open upon arrival.”

AAC R9-5-501.A.18. A. A licensee shall ensure that: 18. 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 Officer and Compliance Officer Supervisor's observation, in the Preschool toilet room, there was a plunger on the left side of the toilet.”

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 Officer and Compliance Officer Supervisor's observation, in the Pre-k Toilet Room, the following hazards were accessible to enrolled children, there were multiple screws protruding from the base of the toilet.”

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 child educator 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 if working with enrolled children five years old and younger, or three months of child care experience if working with school-aged children; 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 facility documentation and the Compliance Officer Supervisor's observation, it was determined that the file for Staff #3 (DOE) lacked documentation of a translated and verified diploma. Blanca lacked a translated and verified copy of a diploma”

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 and Compliance Officer Supervisor's observation, it was determined that the Emergency, Information, and Immunization Record cards lacked the following information: Child #1: A completed home address for both parents. Child #2: A completed home address for the parent.”

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 facility documentation and the Compliance Officer and Compliance Officer Supervisor's observation, it was determined that the facility statement of services lacked information regarding the transportation procedures.”

AAC R9-5-301.B. B. A licensee shall ensure that a facility director: 1. Designates, in writing, an individual who meets the requirements of R9-5-401(2) to act on behalf of the facility director when the facility director is not present in the facility; 2. Supervises or assigns a child educator to supervise each staff member who does not meet the qualifications of R9-5-401(3); 3. Prepares a dated attendance record for each day and ensures that each staff member documents on the attendance record the time of each arrival and departure of the staff member; and 4. Maintains on the facility premises, the dated attendance record required in subsection (B)(3) for 12 months after the date on the attendance record.

“Findings: Based on the facility documentation and the Compliance Officer and Compliance Officer Supervisor's observation, it was determined that Staff #1 lacked an arrival time on 1/2/2026, and Staff #2 lacked a departure time on 1/15/2026.”

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 Compliance Officer #1’s observation, in the Infant 1 and Infant 2 Classrooms, the Infant feeding instructions were in a binder and not posted as required.”

AAC R9-5-502.A.4. A. A licensee providing child care services for infants shall: 4. Permit an infant to maintain the infant's pattern of sleeping and waking;

“Findings: Based on facility documentation and Compliance Officer #1’s observation, during the inspection in the Infant 1 classroom, the classroom lights were turned off and the infants were all being placed in cribs to sleep. When the CO reviewed infant daily sheets 7:7 infant daily sheets showed the infants all were sleeping starting at 10:50 and 11:05, and the time starting the second naptime was around 2:15 for 7:7 infants.”

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 Compliance Officer #1's observation, the personal products in the following areas lacked: Infant 1 Classroom *There were 2 wipes that lacked the enrolled child's first and last name. Infant 2 Classroom *There were 2 wipes that lacked the enrolled child's first and last name. *There was 1 diaper cream and 1 vaseline that lacked the enrolled child's last name. Preschool Classroom *There was 1 wipe that lacked the enrolled child's first and last name. *There was 1 wipe that lacked the enrolled child's last name.”

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 Compliance Officer #1's observation, in the teacher area by the PreK 2 classroom, there were 2 enrolled children alone and unsupervised placing items in bins.”

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 Compliance Officer #1’s observations, the following hazards were accessible to enrolled children: T1A Classroom *There was a 4-inch area on the north windowsill that was exposing drywall and metal. T1B Classroom *There were 8 holes in the south wall exposing drywall.”

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 facility documentation and Compliance Officer #1’s observation, it was determined that the roster in the T1A classroom did not reflect the number of children present (6 children present, 7 children listed on the roster). The roster in the T2 classroom did not reflect the number of children present (13 children present, 11 children listed on the roster).”

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 Compliance Officer #2’s observation, it was determined that 7 out of 20 enrolled children's Emergency, Information, and Immunization Record cards reviewed lacked the following required information: Child #6: The child's zip code, the city, state, and zip code for 1st parent of the child, and the name, home address, city, state, zip code, and contact telephone number for 2nd parent of the child. Child #9: The name, home address, city, state, zip code, and contact telephone number for 2nd parent of the child. Child #8 and Child #12: The child's city, state, and zip code. Child #13: The date of birth of the child and the contact telephone number for the child's health care provider. Child #14: The date of birth of the child. Child #15: The date of enrollment for the child.”

AAC R9-5-203.E. E. If a staff member possesses a fingerprint clearance card that was issued before the staff member became a staff member at the facility, a licensee shall:1. Contact the Department of Public Safety before the individual becomes a staff member to determine whether the fingerprint clearance card is valid; and 2. Document this determination, including the name of the staff member, the date of contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

“Findings: Based on facility documentation and Compliance Officer #2's observations, it was determined that the files for Staff #1 (DOE-07/08/24), Staff #2 (DOE-1/22/24), Staff #3(DOE-9/9/24) lacked documentation of validation through DPS for their Fingerprint Clearance Card. The fingerprint clearance cards were validated at the time of the inspection.”

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 Compliance Officer #1’s observations, in the Pre K 1 toilet room, the first toilet was not in working condition.”

AAC R9-5-512.D. D. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

“Findings: Based on Compliance Officer #1's observations, the following toilet room was not maintained in a clean condition: PreK 2 Classroom *There was a yellow substance on the floor in front of the toilet. *The toilet grout had a build-up of debris and dirt.”

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 Compliance Officer #1’s observation, the following areas were not maintained in a clean condition: PreK 1 Toilet room *There were toilet paper rolls, paper towel rolls, and metal containers of cleaners on a shelf across from the toilets. Playground Toilet Room *There was a clear bin with plastic outside toys next to the toilet. *There was a plastic water toy under the sink.”

AAC R9-5-503.F.1. F. A licensee shall ensure that in an activity area with a diaper changing area: 1. The containers required in subsections (A)(3) and (4) are inaccessible, and

“Findings: Based on Compliance Officer #1's observations, in Toddler 2, the diaper changing container was accessible to enrolled children. In the Preschool Classroom, the diaper changing container was in the toilet room accessible to enrolled children.”

AAC R9-5-503.A.3. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:3. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled diapers; and

“Findings: Based on Compliance Officer #1’s observation, in Infant 1, Infant 2, and T1B, the soiled diaper container lacked a tight-fitting lid.”

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 Compliance Officer #1’s observation, in the outdoor activity area, the following hazards were accessible to enrolled children: *The tree climber had an abundance of bird feces on the leaf part. *There was a broken piece near the entrance to the tree climber. *There were sharp edges and rust on the yellow megaphones.”

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 Compliance Officer #1’s observation, in the Pre-K 2 classroom, a dramatic play shelf, a cot, and a dramatic play high chair were in the pathway of a designated exit that provides escape from the building.”

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 Compliance Officer #1's observation, in the Infant 1 Classroom, there was a key, hairbrush, and plastic toy cup on the diaper changing surface. In the T2 Classroom, there was a plastic bin with gloves, a plastic basket with toys, 4 red paintbrushes, an orange bin, and a metal drying rack on the counter next to the diaper-changing sink.”

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 Compliance Officer #1’s observation, in Infant 1 and Infant 2 Classrooms, Child #1, Child #2, Child #3, Child #4, Child #5, Child #6, Child #7, Child #8, Child #9, Child #10, Child #11 and Child #12 lacked the amount, time, and types of food to be fed.”

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 facility documentation and Compliance Officer #2’s observations, it was determined that the file for Staff #1 (DOE-09/18/23) lacked documentation of a valid fingerprint clearance card before employment. The application was received by DPS on 09/18/2023 and Issued on 09/21/2023. The file for Staff #6 (DOE-07/24/23) lacked documentation of a valid fingerprint clearance card before employment. The application was received by DPS on 07/24/2023 and Issued on 07/26/2023.”

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 facility documentation and Compliance Officer #2’s observations, it was determined that the file for Staff #2 (DOE-11/22/2008),Staff #3 (DOE-05/2/2022), and Staff #6 (DOE-07/24/2023) lacked documentation of a Criminal History Affidavit.”

ARS § 36-883.02.D. D. Employers of child care personnel shall make documented, good faith efforts to contact previous employers of child care personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a child care facility.

“Findings: Based on facility documentation and Compliance Officer #2’s observations, it was determined that the file for Staff #2 and Staff #4 lacked documentation of good faith efforts.”

AAC R9-5-203.A. A. A licensee shall ensure that a staff member completes, signs, dates, and submits to the licensee, before the staff member’s starting date of employment or volunteer service:1. The form required in A.R.S. § 36-883.02(C); and 2. If required by A.R.S. § 8-804, the form in A.R.S. § 8-804(I).

“Findings: Based on facility documentation and Compliance Officer #2’s observations, it was determined that the files for Staff #1 and Staff #2 lacked documentation of the DCS Central Registry form.”

AAC R9-5-203.E. E. If a staff member possesses a fingerprint clearance card that was issued before the staff member became a staff member at the facility, a licensee shall:1. Contact the Department of Public Safety before the individual becomes a staff member to determine whether the fingerprint clearance card is valid; and 2. Document this determination, including the name of the staff member, the date of contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

“Findings: Based on facility documentation and Compliance Officer #2's observations, it was determined that the files for Staff #1, Staff #2, Staff #3, Staff #4, Staff #5, Staff #6, Staff #7, and Staff #8 lacked documentation of contact to DPS for validation of fingerprint clearance cards. All cards were validated at the time of the inspection.”

AAC R9-5-301.B. B. A licensee shall ensure that a facility director: 1. Designates, in writing, an individual who meets the requirements of R9-5-401(2) to act on behalf of the facility director when the facility director is not present in the facility; 2. Supervises or assigns a teacher-caregiver to supervise each staff member who does not meet the qualifications of R9-5-401(3); 3. Prepares a dated attendance record for each day and ensures that each staff member documents on the attendance record the time of each arrival and departure of the staff member; and 4. Maintains on the facility premises, the dated attendance record required in subsection (B)(3) for 12 months after the date on the attendance record.

“Findings: Based on facility documentation and Compliance Officer #2’s observations, it was determined that Staff #3 was acting as a teacher-caregiver in the PreK 1 classroom, and Staff #4 was acting as a teacher-caregiver in the Infant classroom at the time of the inspection. Staff #3 and Staff #4 were not qualified as a teacher-caregiver and were not supervised by a qualified staff member.”

AAC R9-5-301.F. F. A licensee shall ensure that a staff member submits, on or before the starting date of employment or volunteer services, one of the following as evidence of freedom from infectious active tuberculosis: 1. Documentation of a negative Mantoux skin test or other tuberculosis screening test recommended by the U.S. Centers for Disease Control and Prevention, administered within 12 months before the starting date of employment or volunteer service, that includes the date and the type of tuberculosis screening test; or 2. If the staff member has had a positive Mantoux skin test or other tuberculosis screening test, a written statement that the staff member is free from infectious active tuberculosis that is signed and dated by a health care provider within six months before the starting date of employment or volunteer service.

“Findings: Based on facility documentation and Compliance Officer #2’s observations, it was determined that the Mantoux skin test for Staff #4 (DOE-unable to verify start date, TB test results dated 08/01/22), and Staff #8 (DOE-01/22/2024, TB Test results dated 01/25/2024) was not administered on or before the starting date of employment.”

AAC R9-5-301.I. I. At least once a month, and at different times of the day, a licensee shall ensure that an unannounced fire and emergency evacuation drill is conducted and each staff member and enrolled child at the facility participates in the fire and emergency evacuation drill. 1. If child care services for a child with special needs are provided at a facility, the licensee shall provide for the enrolled child’s participation in each fire and emergency evacuation drill according to the enrolled child’s individualized plan as specified in R9-5-507(A)(1). 2. A licensee shall document each fire and emergency evacuation drill and maintain the documentation on facility premises for 12 months after the date of the fire and emergency evacuation drill.

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that the licensee lacked documentation of a fire drill conducted during the months of August, October, November and December 2023.”

AAC R9-5-302. A. 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. Age-appropriate discipline guidelines and methods; 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; and 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. B. A licensee shall provide a copy of the written statement of child care services: 1. To the Department: a. Before the facility receives a license, and b. Every 12 months after the date of the license as required by A.R.S. § 36-883.01; and 2. To a parent when the parent requests a copy of the written statement of child care services.

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that the written Statement of Child Care Services lacked a statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services.”

AAC R9-5-303.B. B. A licensee shall ensure that the licensed capacity of each indoor activity area or room is posted in that activity area or room.

“Findings: Based on Compliance Officer #1's observation, Infant Room 2, lacked an accurate posted capacity.”

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 Compliance Officer #2’s observations, it was determined that 5 out of 20 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #9: The name and contact telephone number of the child's health care provider. Child #10: The name, home address, city, state, zip code, and contact telephone number of 2nd parent of the child. Child #11 and Child #12: 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. Child #13: The city, state, zip code for the child and the home address, city, state, zip code, of 2nd parent of the child.”

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 facility documentation and Compliance Officer #2's observations, it was determined that Staff #3 was a teacher-caregiver in the Pre-K 1 classroom. Staff #3 was not qualified as a teacher-caregiver. The file for Staff #3 lacked documentation of a high school diploma or high school equivalency diploma. Staff #4 was a teacher-caregiver in the Infant classroom. Staff #4 was not qualified as a teacher-caregiver. The file for Staff #4 lacked documentation of a high school diploma or high school equivalency diploma.”

AAC R9-5-402.A. A. A licensee shall maintain a file for each staff member containing:1. The staff member’s name, date of birth, home address, and telephone number; 2. The staff member’s starting date of employment or volunteer service; 3. The staff member’s ending date of employment or volunteer service, if applicable; 4. The name and telephone number of an individual to be notified in case of an emergency; 5. The staff member’s written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis; 6. The form required in A.R.S. § 36-883.02(C); 7. Documents required by R9-5-203; 8. Documents required by R9-5-301; 9. Documents required by R9-5-401, if applicable; 10. If applicable: a. The form required in A.R.S. § 8-804(I), b. Documentation of the submission required in A.R.S. § 8-804 and the information received as a result of the submission, and c. Documentation of training provided by a licensee as required by R9-5-403, if applicable; 11. A copy of any current license or certification required by A.R.S. Title 36, Chapter 7.1, Article 1. or this Chapter; and 12. Documentation of the requirements in A.R.S. § 36-883.02(D).

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the file for Staff #4 lacked documentation of the staff member’s name, date of birth, home address, and telephone number, the date of hire, the name, and telephone number of an individual to be notified in case of an emergency, the staff member's written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis, a criminal history affidavit.”

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 Compliance Officer #2’s observations, it was determined that 2 out of 8 staff files reviewed lacked the required training documentation: Staff #2: An additional 7 hours of annual training for the time period of 11/20/2022-11/20/2023. Staff #5: An additional 4 hours of annual training for the time period of 06/08/2022-06/08/2023.”

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: Per allegation and based on facility documentation, staff statements and the Compliance Officers' observations, it was determined that the health, safety and welfare of an enrolled child was placed at risk of harm when the enrolled child climbed the south cement fence at the back of the playground, dangling onto the opposite side of the fence wall into the alley way. Staff Stated the following: "The teacher was attending to another child when they noticed the child run towards the fence and heard the other children yelling that the child was climbing the fence." *The teacher ran to the front office window, tapping on the glass to get help with the other children to assist the child who was climbing the fence." "After we reviewed the video footage we saw that the child ran to the fence and climbed up behind the red barn and got over to the other side of the fence." "Staff from the office ran out to pull them back over." "The child got over the fence." "We have put up wood panels behind the red barn to aid in preventing anything further from happening, and we have also purchased walkie-talkies for the staff to use while on the playground or in classrooms to call for emergent help. " Based on the Compliance Officers' observations, the health, safety and welfare of enrolled children was placed at risk of harm when napping children's faces were covered with blankets in the following classrooms: Toddler 1A: 3 children Preschool classroom:3 children Pre K 1 classroom: 2 children”

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 Compliance Officer #1's observation, the following hazards were accessible to enrolled children: Toddler 1B Classroom: *There were 4, .5-inch holes exposing drywall on the west wall. T2 Classroom: *There were 2, .5-inch holes exposing drywall on the south wall Pre K 1: *There were 2-3 indents in the wall with peeling paint exposing drywall on the north wall by the blocks.”

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 Compliance Officer #1’s observation, in the Infant 1 classroom, there was peeling vinyl with exposed foam located on the triangle climber accessible to enrolled children.”

AAC R9-5-501.A.16. A. A licensee shall ensure that:16. When an enrolled child is napping or sleeping in a room, the room is maintained at a minimum of five foot candles of illumination;

“Findings: Based on the Compliance Officers' observations, in the Preschool, Pre-K, and Toddler Classrooms, when enrolled children were napping in the room the Compliance Officers were not able to see the children.”

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 Compliance Officer #1’s observation, in the Preschool classroom, there was a swiffer mop next to the toilet accessible to enrolled children.”

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 Compliance Officer #1's observations, in Toddler 1A classroom, there was 1 sunscreen that lacked the enrolled child's last name. In Toddler 1B classroom, there were 2 diaper creams that lacked the enrolled child's last name. In T2 classroom, there were 3 diaper creams that lacked the enrolled child's last name. In the Preschool classroom, there were 2 sunscreens and 1 lotion that lacked an enrolled child's first and last name and 1 vaseline that lacked an enrolled child's last name.”

AAC R9-5-502.A.5.a. A. A licensee providing child care services for infants shall:5. Develop, document, and implement tummy time policies and procedures that: a. Provide an opportunity for a non-crawling infant to experience tummy time each day: i. While the infant is awake, and ii. On the infant’s stomach;

“Findings: Based on facility documentation, staff statements, and Compliance Officer #1's observation, in the Infant classrooms, it was determined that tummy time was not being documented. Staff Statements: "No we do not document tummy time." "I was unaware it needed to be documented."”

AAC R9-5-502.A.11. A. A licensee providing child care services for infants shall: 11. Label each food container received from the parent with the infant's name.

“Findings: Based on Compliance Officer #1's observation, in the Infant 2 classroom, there were 2 clear bags of cream-colored substance in the freezer marked breastmilk that had the first name only of the enrolled child.”

AAC R9-5-502.B.3. B. A licensee providing child care services for infants shall not: 3. Permit an infant to use a walker; or

“Findings: Based on Compliance Officer #1's observation, in the Infant 1 classroom, there was a walker accessible to enrolled infants.”

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 Compliance Officer #1's observations, in the Infant 1 and Infant 2 classrooms, the written dietary instructions lacked the following Infant 1 classroom: Child #1 lacked the size, texture and amounts to be fed. Child #2 lacked the size, texture and amounts to be fed. Infant 2 Classroom Child #3 lacked the frequency. Child #4 lacked the amount to be fed and frequency. Child #5 lacked the amount to be fed and updated solids. Child #6 lacked updated solids. Child #7 lacked the amount to be fed Child #8 lacked a written feeding plan.”

AAC R9-5-503.A.3. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:3. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled diapers; and

“Findings: Based on Compliance Officer #1’s observation, in T2 classroom, the soiled diaper container lacked a tight-fitting lid.”

AAC R9-5-503.A.4. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:4. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled clothing.

“Findings: Based on Compliance Officer #1’s observation, in the Preschool Classroom, the soiled clothes container lacked a tight-fitting lid.”

AAC R9-5-503.F.1. F. A licensee shall ensure that in an activity area with a diaper changing area: 1. The containers required in subsections (A)(3) and (4) are inaccessible, and

“Findings: Based on Compliance Officer #1's observations, in the PreK 1 classroom and Pre K 2 classroom, the soiled clothing container was accessible to enrolled children.”

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 Compliance Officer #1’s observation, in the area between the Preschool classroom and in the area between the Toddler classrooms the freezers used to store enrolled children's food lacked thermometers as required.”

AAC R9-5-511.A. 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:1. A cot, mat, or crib used by the enrolled child accommodates the enrolled child’s height and weight; 2. A staff member covers each cot, crib mattress, or mat with a clean sheet that is laundered when soiled, or at least once every seven days and before use by a different enrolled child; 3. A clean blanket or sheet is available for each enrolled child; 4. A rug, carpet, blanket, or towel is not used as a mat; and 5. Each cot, mat, or crib is maintained in a clean and repaired condition.

“Findings: Based on Compliance Officer #1’s observation, in the Infant 1 classroom, 3 of the mattresses were cracked and torn around the edges exposing foam.”

AAC R9-5-511.C. C. A licensee shall provide an unobstructed passageway at least 18 inches wide between each row of cots or mats to allow a staff member access to each enrolled child.

“Findings: Based on Compliance Officer #1’s observation, in the T2 classroom, 2 of the occupied cots were spaced 6 inches apart rather than the required 18 inches between rows as required.”

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 Compliance Officer #1’s observation, in the Pre K 2 toilet room, there was a 3-tiered shelf with a clear container of books on top of the shelf, next to the toilet.”

AAC R9-5-512.D. D. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

“Findings: Based on Compliance Officer #1's observations, the following toilet rooms were not maintained in a clean condition: Pre K 2 Classroom: *There was caulking cracked and missing with a build-up of reddish brown substance at the base of the toilet. Preschool Classroom: *There was a brown and yellow substance in the toilet bowl.”

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 Compliance Officer #1’s observations, in the outdoor activity area, the following hazards were accessible to enrolled children: *There was a screw protruding from the blue pole on the yellow house. *There was splintery wood on 6 wood panels next to the red shed and 2 wood panels on the gate next to the building.”

AAC R9-5-605.B.6. B. A licensee shall ensure that: 6. Except for a room used only for an enrolled school-age child, each unused electrical outlet is covered with a safety plug cover or insert;

“Findings: Based on Compliance Officer #1’s observations, in the Pre-K 1 Classroom, there was 1 uncovered outlet on the south wall. In the Preschool classroom, there was 1 uncovered outlet by the lego table on the west 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 Compliance Officer #1’s observations, in the T2 classroom, there was a container labeled Lysol wipes, a can of Sprayway glass cleaner, a clear bottle with orange substance and a container labeled Swiffer located in an unlocked cabinet accessible to enrolled children. In PreK 1 classroom, there was a container labeled Lysol wipes, 2 cans of Sprayway glass cleaner in an unlocked cabinet accessible to enrolled children. In PreK 2 classroom, there was a container labeled Sta Flo, 1 container labeled bleach,1 can of Sprayway glass cleaner, 1 container labeled great value glass cleaner, 1 container labeled goo gone and 1 container labeled dawn in an unlocked cabinet accessible to enrolled children.”