All Star Preschool

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. The use of physical punishment including: a. Hitting, spanking, shaking, slapping, twisting, pulling, squeezing, or biting; b. Demanding excessive physical excercise or excessive rest; and c. Forcing a child to eat or consume soap, food, or foreign substances;

“Per allegation findings: Based on staff and child statements and documentation reviewed, a staff member placed a Velcro catcher in an enrolled child’s hair as a discipline measure. Staff stated: Child #1 put a Velcro catcher in child #2’s hair. Staff #1 witnessed the action and removed the catcher from child #2’s hair and put the Velcro catcher in child #1’s hair. Staff who witnessed the incident stated that both children were crying. Child stated: Staff #1 put the Velcro catcher in child #2‘s hair.”

AAC R9-5-501.A.14. A. A licensee shall ensure that: 14. Temperatures are maintained between 68° F and 82° F in each room used by enrolled children;

“Findings: Based on the Compliance Officers' observations, the temperature in the 2's room and in the 3's/4's room was 66 degrees as measured by the room thermometer.”

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 the Compliance Officers' observations and facility documentation, the rosters in the following activity areas did not reflect the number of children present in the room: **2’s room: 8 children were present, and 7 children were listed on the roster. *3's/4's room: 8 children were present, and 9 children were listed on the roster.”

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 Officer's observations, the health, safety, and welfare of enrolled children was placed at risk of harm in the 2's room when 2 children were observed napping on their cot with their heads covered.”

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 the Compliance Officer's observation, it was determined that there were 2 uncovered outlets below the television in the 4's classroom.”

AAC R9-5-603.D. D. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area: 1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on the Compliance Officer's observation, it was determined that the fall zone around the slide on the 1's/2's playground lacked 5" of the required 6" of pea gravel.”

AAC R9-5-303.A. A. A licensee shall post in a place that can be conspicuously viewed by individuals entering or leaving the facility or activity area, the: 1. Facility’s license; 2. Name of the facility director; 3. Name of the individual designated to act on behalf of the facility director when the facility director is not present in the facility, as prescribed by R9-5-301(B)(1); 4. Schedule of child care services fees and policy for refunding fees as prescribed by A.R.S. § 36-882(P); 5. Breakfast, lunch, dinner, and snack menus for each calendar week at the beginning of the calendar week; 6. Notice of the presence of any communicable disease or infestation listed in 9 A.A.C. 6, Article 2, Table 2.2, from the date of discovery through the incubation period of the communicable disease or infestation; 7. Notice of the Department’s intent to deny, revoke, or suspend as prescribed by A.R.S. § 36-888 at the expiration of time in the notice for the licensee to respond; 8. Notice of an intermediate sanction imposed as prescribed by A.R.S. § 36-891.01 within 10 calendar days after the licensee received notice of the intermediate sanction; 9. Notice of a legal injunction imposed as prescribed by A.R.S. § 36-886.01 when the licensee receives the legal injunction; and 10. Notice of the availability of facility inspection reports for public viewing at the facility premises.

“Findings: Based on the Compliance Officer's observation and review of facility documentation, it was determined that the current week's menu was not posted on the main posting board.”

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 the Compliance Officer’s observation and review of facility documentation, it was determined that 6 out of 20 enrolled children's Emergency, Information, and Immunization Record cards reviewed were incomplete and lacked the following required information: Child #1: The date of the child’s enrollment and the name of the individual to be contacted in case of injury or sudden illness of the child. Child #2 and Child #3: The name and phone number of the child's second parent and the name and contact telephone number of the child’s health care provider. Child #4: The date of the child’s enrollment. Child #5: The contact telephone number of the child’s health care provider. Child #6: The contact telephone number of the child’s health care provider and the second emergency contact number.”

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 the Compliance Officer's observation and review of facility documentation, it was determined that the roster was not accurate in the following classrooms: 3's classroom: There were 6 children present in the classroom, but the roster reflected the presence of 4 children. 4's classroom: There was no roster to reflect the presence of the 4 children.”

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 observation, it was determined that water was not available to the enrolled children in the 2's classroom.”

AAC R9-5-501.A.20. A. A licensee shall ensure that: 20. 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 Officer's observation, it was determined that a vacuum was accessible to the enrolled children in the 4's classroom.”

AAC R9-5-501.B.6. B. A licensee shall ensure that a staff member: 6. For enrolled children five-years or younger, and except as provided in subsection (C), prepares, posts, and implements 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;

“Findings: Based on the Compliance Officer's observation and review of facility documentation, it was determined that the lesson plan was not dated in the 3's classroom.”

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 observation, it was determined that there was a paint palette next to the diaper handwashing sink in the 2's classroom.”

AAC R9-5-503.A.3.4. 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 4. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled clothing.

“Findings: Based on the Compliance Officer's observation, it was determined that the container for soiled clothing lacked a lid in the 1's classroom.”

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's observation, it was determined that the freezer used to store the children's food lacked a thermometer.”

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 observation, it was determined that there was tape residue and an accumulation of dirt present on the door of the 2-year-old classroom, as well as on two shelves in the Pre-K classroom that were accessible to the enrolled children.”

AAC R9-5-514. E. E. A licensee shall post, near an activity area or a room's designated exit, a building evacuation plan that details the designated exits from the activity area or room and the facility.

“Findings: Based on the Compliance Officer's observation and review of facility documentation, it was determined that the evacuation map was not posted by the designated exit in the Infant classroom.”

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 observation, it was determined that the flooring on the bus was visibly soiled, with food particles and debris present throughout the area.”

AAC R9-5-517.B.3. B. A licensee shall ensure that an individual who drives a motor vehicle used to transport an enrolled child: 3. Carries a list stating the name of each enrolled child being transported and a copy of each enrolled child’s Emergency, Information, and Immunization Record including the attached immunization record or exemption affidavit, in the motor vehicle;

“Findings: Based on the Compliance Officer's observation and review of facility documentation, it was determined that Child #7, Child #8, Child #9, and Child #10 lacked immunizations on the facility vehicle (15 enrolled children's files were reviewed).”

AAC R9-5-603.B. B. 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 Officer's observation, it was determined that the following areas of the playground were not maintained free from hazards that were accessible to the enrolled children: 1's/2's playground: *The top of a table was lying on the floor with the laminate chipped and exposed particle wood. *The metal top of the toy dump trucks had rust exposed and was rough to the touch. 3's/4's playground: *There were cinder blocks stacked on top of each other on the base of the portable basketball hoop.”

AAC R9-5-605.B.10. B. A licensee shall ensure that: 10. Toilet rooms are ventilated to the outside of the building, either by a screened window open to the outside air or by an exhaust fan and duct system that is operated when the toilet room is in use;

“Findings: Based on the Compliance Officer's observation, it was determined that the exhaust fan was not operable in the boys' restroom in the 4's classroom.”

AAC R9-5-203.D. D. A licensee shall ensure that each staff member submits to the licensee a copy of the staff member’s valid fingerprint clearance card each time the fingerprint clearance card is issued or renewed every five years.

“Findings: Based on the Compliance Officers' observations and the review of facility documentation, there was a gap in Staff #1's (DOE 10.03.18) fingerprint clearance card. The fingerprint card expired on 10.11.24 and was not renewed until 10.16.24.”

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 Officers' observations, in the Infant Room, three Infants were not strapped in while seated in feeding chairs.”

AAC R9-5-510.A.1. A. A staff member shall provide guidance to help children respond to difficult situations. To develop self-regulation, children should receive adult support that is individual to the child and adapts as the child develops internal controls. This process should include: 1. Forming a positive relationship with the child, which occurs when the adult spends time talking to the child, listening to the child, following the child’s lead, playing with the child, and responding to the child’s needs; 2. Base expectations on the child’s developmental level; 3. Establishing and being proactive in teaching and supporting children in learning simple rules; 4. Modifying the learning/play environment to support the child’s appropriate behavior; 5. Creating a predictable daily routine and schedule; 6. Modeling desired behavior; 7. Showing children positive alternatives; 8.Using deliberate redirection, the staff member should encourage the child to use appropriate behavior, and provide positive feedback when the child exhibits the behavior; 9. Individualized positive discipline strategies based on the individual needs of children, such as using a buddy system, individualized schedule, special break, or another applicable positive discipline strategy; and 10. If applicable, a licensee shall develop a written plan with the enrolled child's parent to provide individualized social and emotional intervention supports for the enrolled child that includes methods for understanding the enrolled child's behavior, and developing, adopting, and implementing a team-based positive behavior support plan.

“Findings: Per allegation and based on Staff and Children's statements, a Staff member failed to provide positive guidance and model desired behavior when they yelled close to children's faces and grabbed children's arms to redirect them. Staff stated the following: * A staff member yells and pulls the children's arms to redirect them when the children are not listening. *A staff member yells to the point that other children wake up. *A staff member gets on the kid's face, sometimes yelling; the staff member should take anger management classes. Children stated the following: *A staff member gets loud, raises their voice if we are not quiet. *A staff member is mean and yells a lot because the staff member is mad. *A staff member yells close to our face and pulls us by the arm and drags us.”

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. The use of physical punishment including: a. Hitting, spanking, shaking, slapping, twisting, pulling, squeezing, or biting; b. Demanding excessive physical excercise or excessive rest; and c. Forcing a child to eat or consume soap, food, or foreign substances;

“Findings: Per allegations and based on staff and Children's statements, a staff member used physical punishment to discipline children. Staff stated the following: * A staff member yells and pulls the children's arms to redirect them when the children are not listening. *A staff member gets on the kid's face, sometimes yelling; the staff member should take anger management classes. *I have seen a staff member pulling kids away. Children stated the following: *When we don't listen, a staff member picks us up from the arm, sometimes it hurts, sometimes it gets red *A staff member yells close to our face and pulls us by the arm and drags us. *When we don't listen, we have to sit and can't play. A staff member tells the kids to sit down for 30 minutes or more at the table. *If we talk back, a staff member grabs us by the arm and seats us down, it kind of hurts.”

AAC R9-5-510.C. C. A licensee may allow a staff member to separate an enrolled child from other enrolled children with continuous supervision. 1. Separation should only be used in combination with instructional approaches that teach children what to do in place of the behavior problem; 2. Separation may not be used for children ages infant to two-years-old; 3. A staff member may allow an enrolled child to be separated for no longer than three minutes. If the enrolled child has not regained control or composure after three minutes, a staff member may extend the separation for up to 10 minutes with staff member interaction.

“Findings: Based on the Staff and Children's statements, a Staff member asks the children to sit for 5 to 30 minutes, depending on how much time they "owe the staff" without interaction when they get in trouble. Staff stated the following: *When kids don't listen staff member seats them at the table for 5-10 minutes, 15 minutes the longest, they sit quietly, but the staff member doesn't engage with them. Children stated the following: *If we don't be quiet, we owe the staff member time, we have to sit for 5 minutes. *If we don't listen, we have to sit and can't play. *Staff member tells kids to sit down for 30 minutes or more at the table when we don't listen. *Staff member grabs us by the arm and sits us down.”

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 Staff and Children's statements, the health, safety, or welfare of an enrolled child was placed at risk when a staff member used a method of discipline that could cause harm. Staff stated the following: * A staff member yells and pulls the children's arms to redirect them when the children are not listening. *A staff member yells to the point that other children wake up. *A staff member gets on the kid's face, sometimes yelling; the staff member should take anger management classes. Children stated the following: *A staff member gets loud, raises their voice if we are not quiet. *A staff member is mean and yells a lot because the staff member is mad. *A staff member yells close to our face and pulls us by the arm and drags us.”

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 the Compliance Officer's observation, on the playground, the staff-to-child ratio was 1:11 with a 2-year-old present. The required ratio was 2:11.”

AAC R9-5-203.D. D. A licensee shall ensure that each staff member submits to the licensee a copy of the staff member’s valid fingerprint clearance card each time the fingerprint clearance card is issued or renewed every six years.

“Findings: Based on facility documentation and the Compliance Officer's observation, Staff #1's (start date 6/6/2023) fingerprint clearance card expired on 9/11/2024. At the time of the inspection, Staff #1 lacked a valid fingerprint clearance card.”

AAC R9-5-508.C. C. If a licensee provides food, a licensee shall prepare and serve food according to the meal pattern requirements found in Table 5.1, "Meal Pattern Requirements for Children."

“Findings: Based on the Compliance Officer's observation, the children were fed cinnamon rolls and milk for breakfast. The meal lacked one additional component.”

AAC R9-5-516.B.3. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:3. A facility director, or a staff member designated in writing by the facility director, does not administer a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child’s parent or health care provider that includes the: a. Name of the enrolled child; b. Type of the medication; c. Prescription number, if any; d. Instructions for administration specifying the: i. Dosage and route of administration; ii. If indicated, starting and ending dates of the dosage period; and iii. Times and frequency of administration; e. Reason for the medication; and f. Date of authorization; and

“Findings: Based on facility documentation and the Compliance Officer's observation, the medication for child #1's medication lacked an end date and the reason for the medication. There was no medication form for Child #2's over-the-counter medication.”

AAC R9-5-603.E. E. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area:1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on the Compliance Officer's observation, the following areas lacked six inches of resilient surface (pea gravel) under and around the fall zones of climbing equipment: *The yellow slide had 1 inch of the required 6 inches of pea gravel. *The swings had 2 inches of the required 6 inches of pea gravel.”

AAC R9-5-504.3. A licensee providing child care services for 1-year-old and 2-year-old children shall:3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“Findings: Based on the Compliance Officer's observation, in the 1's room, the toys and materials such as puzzles, musical instruments, and toys to enhance manipulative skills were not accessible to the enrolled children. The toys were on a high shelf.”

AAC R9-5-502.B.4. B. A licensee providing child care services for infants shall not: 4. Allow screen time in an infant room.

“Findings: Based on the Compliance Officer's observation, an infant participated in screen time during breakfast in the Pre-K room.”

AAC R9-5-605.B.10. B. A licensee shall ensure that:10. Toilet rooms are ventilated to the outside of the building, either by a screened window open to the outside air or by an exhaust fan and duct system that is operated when the toilet room is in use;

“Findings: Based on the Compliance Officer's observations, the north Pre-K bathroom lacked a working exhaust fan.”

AAC R9-5-504.4. A licensee providing child care services for 1-year-old and 2-year-old children shall: 4. Prohibit screen time in an activity area where child care services are provided to a 1-year-old child; and

“Findings: Based on the Compliance Officer's observations, three 1-year-old children were watching the movie Cars during breakfast in the Pre-K room.”

AAC R9-5-501.C.6. C. A licensee shall ensure that a staff member: 6. If an activity in the lesson plan required in subsection (C)(5) includes screen time, include in the lesson plan the duration of the screen time in minutes;

“Findings: Based on facility documentation and the Compliance Officer's observation, the children eating breakfast were watching the movie Cars. The screen time was not noted in the lesson plan.”

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's observation, the following hazards were observed: In the 2's room, the laminate was peeling on blue/white and brown bookshelves exposing particleboard. In the hall bathroom and Pre-K bathrooms, the caulking along the sinks and walls was peeling.”

AAC R9-5-501.A.6. A. A licensee shall ensure that: 6. Age-appropriate toys, materials, and equipment are provided to enable each enrolled child to participate in an activity;

“Findings: Based on the Compliance Officer's observations, two enrolled children were in feeding chairs during breakfast in the Pre-K room, and the safety straps were not latched.”

AAC R9-5-501.A.2. A. A licensee shall ensure that: 2. Except for an enrolled school-age child, drinking water is provided sufficient for the needs of and accessible to each enrolled child in both indoor and outdoor activity areas;

“Findings: Based on the Compliance Officer's observation, upon arriving at the facility, water was available outside for the 11 children present.”

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 the Compliance Officer's observation, there was an infant placed for supervision in the Pre-K room with non-infants when 16 children were present at the facility.”

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 Compliance Officer's observations, a napping child's head was covered with a blanket in the 2’s room.”

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 and based on staff interview and facility documentation, it was determined that staff-to-children ratios were not maintained in the 2's room and the Pre-K room when staff left the classrooms to tend to a child in the front office/kitchen/laundry room area at 9:30 AM on 2/23/2024. Staff stated Staff #1 and Staff #3 left the 2’s and Pre-K classrooms leaving children alone in the rooms. Staff #1 stated they brought a child to the front office leaving the children in the 2’s room unsupervised by staff. Staff #3 stated they left the Pre-K to help attend to the child that Staff #1 brought up to the front office area. *Previously cited 4/13/23”

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 #1's observation, in the 2's room, there was a step stool in the diaper changing sink. *Previously cited 06/27/2023, 10/12/2022 and 10/13/2021”

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 the COs' observations and a review of 4 staff files, the following staff lacked documentation of qualifications to act as a teacher caregiver: **Staff #1 (DOE 04/21/2022) - alone with enrolled children in 2's room; lacked documentation of education **Staff #2 (DOE 02/12/2024) - alone with enrolled children in the Infant room; lacked documentation of education *Previously cited 10/11/23 and 10/12/2022”

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 the COs' observation and a review of facility documentation, rosters were not maintained as required in the following activity areas: **School-Age room - 2 children were present and no roster was available for review. **3's room - 12 children were present and the rosters reflected 14 children present. **1's room- 7 children were present and the roster reflected 8 children present. *Previously cited 10/11/23, 04/13/2023, 01/05/2023, 10/12/2022 and 10/13/2021”

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 the Compliance Officers' (CO) observations and a review of 4 staff files, the following staff did not meet the qualifications of a teacher-caregiver and were left alone with enrolled children, unsupervised: **Staff #1 (DOE 04/21/2022) **Staff #2 (DOE 02/12/2024) *Previously cited 10/11/2023 and 10/12/2022”

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

“Findings: Per allegation and based on staff interview and facility documentation, it was determined that the 2's room and the Pre-K room were left unsupervised while children were present when staff left the classrooms to tend to a child in the front office/kitchen/laundry area at 9:30 AM on 02/23/2024. Staff stated Staff #1 and Staff #3 left the 2’s and Pre-K classrooms leaving children alone in the rooms. Staff #1 stated they brought a child to the front office leaving the children in the 2’s room unsupervised by staff. Staff #3 stated they left the Pre-K to help attend to the child that Staff #1 brought up to the front office area. *Previously cited 01/05/23 and 10/13/21”

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 CO's observations and a review of 9 staff files, per a DPS website search, Staff #1's (date of hire 04/21/2022) fingerprint clearance card application was received on 04/21/2022 and a card issued on 04/26/2022.”

AAC R9-5-603.E. E. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area: 1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on CO's observations, resilient material (pea gravel) in the following outdoor activity areas was not maintained at the required 6" depth: **Toddler (northwest) - 5" of the required 6" lacked at the slide; 4" of the required 6" lacked at the climber steps **Pre-K/School-Age (northeast) - 1" and 4" of the required 6" at the red climber; 4" of the required 6" at the yellow slide *Previously cited 06/27/2023, 04/13/2023, 01/05/2023, 10/12/2022, 10/13/2021; and 02/19/2021”

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 CO's observations, 2 of 2 vans (Lic#ADP0051/EWA02M) used to transport enrolled children lacked sufficient drinking water. One van did not have any water and the 2nd van had 3-12 oz bottles of water. *Previously cited 10/13/2021”

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 CO's observations, the following activity areas were not maintained in a clean condition: **Infants - crumbs of food debris on high chairs; dried dark debris on the tray of the bouncer **Pre-K/School-Age playground - heavy dirt build-up on a mat and cube cushion”

AAC R9-5-504.3. A licensee providing child care services for 1-year-old and 2-year-old children shall: 3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“Findings: Based on CO's observations, in the 1's room, there were no dolls, puzzles and manipulatives and in the 2's room, there were no puzzles available to enrolled children.”

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 CO's observations, soiled diaper and soiled clothing containers were accessible in the following diaper changing areas: **Infant room - soiled diaper and soiled clothing **1's room - soiled diaper and soiled clothing **2's room - soiled diaper and soiled clothing *Previously cited 10/12/2022”

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 CO's observations, in the Infant room, disinfectant wipes and floor cleaner were accessible to enrolled children. *Previously cited 04/13/2023”

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 CO's observations, the following activity areas were not maintained free from hazards and accessible to enrolled children: **1's room - chipping paint and peeling drywall at the bottom of diaper changing soap dispenser **2's room - blue children's couch torn at the top with exposed foam; baseboard detached from wall in the restroom **3's room - baseboard detached from wall at north cabinets and in the restroom **Pre-K/School-Age restroom (south) - loose toilet seat **School-Age - dangling cord from television on west wall *Previously cited 06/27/2023, 04/13/2023, 10/12/2022, and 10/13/2021”

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 CO's observations and a review of 9 staff files, the following staff failed to complete the required minimum 18 hours of annual training: **Staff #1 (date of hire 04/21/2022) - lacked 1 of the required 18 hours based on the review period 04/21/2022 - 04/21/2023 **Staff #2 (date of hire 02/28/2016) - lacked 3 of the required 18 hours based on the review period 02/28/2022 - 02/28/2023 **Staff #4 (date of hire 02/09/2022) - lacked 4 of the required 18 hours based on the review period 02/09/2022 - 02/09/2023 **Staff #6 (date of hire 10/03/2018) - lacked 16 of the required 18 hours based on the review period 10/03/2022 - 10/03/2023 **Staff #7 (date of hire 09/12/2018) - lacked 11 of the required 18 hours based on the review period 09/12/2022 - 09/12/2023 **Staff #8 (date of hire 11/20/2019) - lacked 3 of the required 18 hours based on the review period 11/20/2021 - 11/20/2022 **Staff #9 (date of hire 10/17/2018) - lacked 3 of the required 18 hours based on the review period 10/17/2021 - 10/17/2022 *Previously cited 10/13/2021”

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 9 staff files, the following staff lacked documentation of qualifications to act as a teacher caregiver: **Staff #1 (date of hire 04/21/2022) - alone with enrolled children in the restroom; lacked documentation of education **Staff #3 (date of hire 07/03/2023 - alone with enrolled children in the School-Age room; lacked documentation of education and the minimum required child care experience **Staff #4 (date of hire 02/09/2022) - alone with enrolled children in the Infant room; lacked documentation of education **Staff #5 (date of hire 06/26/2023) - alone with enrolled children in the Infant room; lacked documentation of the minimum required child care experience **Staff #6 (date of hire 10/03/2018) - alone with enrolled children on the Pre-K/School-Age playground; lacked documentation of education *Previously cited 10/12/2022”

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 CO's observations and a review of facility documentation, rosters were not maintained as required in the following activity areas: **2's room - 11 children present; 12 noted on the roster as in attendance **School-Age room - 15 children present; 24 noted on the roster as in attendance **Pre-K/School-Age Playground (Northeast) - 9 children present; roster not available for review *Previously cited 04/13/2023, 01/05/2023, 10/12/2022, 10/13/2021, and 02/19/2021”

AAC R9-5-306.A. A. A licensee shall maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release of the enrolled child. 1. Except as provided in subsection (A)(2), a licensee shall ensure that the attendance form is signed with at least a first initial of an individual’s first name and the individual’s last name by each enrolled child’s parent or individual designated by the enrolled child’s parent, each time the enrolled child is admitted or released. 2. An electronic fingerprint verification or an electronic signature may be used in place of a signature of the enrolled child’s parent or designated individual to admit or release the enrolled child. 3. If an electronic signature is used to admit or release the enrolled child, the licensee shall adopt policies and procedures to ensure that the individual whose signature the electronic or digital method of identification represents is accountable for the use of the electronic or digital method; 4. A licensee shall develop, document, and implement policies and procedures to ensure that the identity of an individual is known to the staff member or is verified with picture identification before releasing an enrolled child to the individual. 5. A licensee shall not release the enrolled child to an individual other than the enrolled child’s parent or other individual designated in writing by the enrolled child’s parent except when the enrolled child’s parent is unable to collect the enrolled child and authorizes the licensee by telephone to release the enrolled child to an individual not so designated. a. The licensee shall verify the telephone authorization using a means of verification that has been agreed upon between the licensee and the enrolled child’s parent at the time of enrollment. b. The licensee shall document the means of verification in subsection (A)(5)(a) on the enrolled child’s Emergency, Information, and Immunization Record card. 6. A licensee shall not permit the self-admission or self-release of an enrolled child unless the enrolled child is of school age and the licensee has obtained and verified written permission from the enrolled child’s parent. 7. A licensee shall maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on CO's observations and a review of facility documentation, 5 of 15 children's attendance records reviewed lacked the following required information: **Child #7 - departure time and signature on 10/02/2023; departure signatures from 10/03/2023 - 10/06/2023 signed with initials only **Child #8 - arrival signatures on 10/03/2023, 10/05/2023 and 10/10/2023 signed with initials only; departure signatures on 10/04/2023, 10/05/2023, 10/09/2023, and 10/10/2023 signed with initials only **Child #9 - arrival signature on 10/05/2023 **Child #10 - departure signature on 10/05/2023 **Child #11 - arrival signature on 10/09/2023 *Previously cited 06/27/2023, 04/13/2023, 01/05/2023, 10/12/2022, and 10/13/2021”

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 CO's observations and a review of facility documentation, 6 of 15 Emergency Information and Immunization Record cards reviewed lacked the following required information: **Child #1 - child's phone number; 2nd parent/guardian's street address, city, state, zip code **Child #2 - child and both parent/guardians' city, state **Child #3 - child and both parent/guardians' city, state, zip code **Child #4 - both parent/guardians' city, state, zip code **Child #5 - parent/guardian #1's city, state, zip code; 2nd parent/guardian's street address, city, state, zip code **Child #6 - child's date of enrollment; health care provide name and phone number; medical needs (convulsions not answered); parent signature *Previously cited 06/27/2023, 01/05/2023, 10/12/2022, 10/13/2021, and 02/19/2021”

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 CO's observations and a review of 9 staff files, the following staff did not meet the qualifications of a teacher-caregiver and were left alone with enrolled children, unsupervised: **Staff #1 (date of hire 04/21/2022) **Staff #3 (date of hire 07/03/2023) **Staff #4 (date of hire 02/09/2022) **Staff #5 (date of hire 06/26/2023) **Staff #6 (date of hire 10/03/2018) *Previously cited 10/12/2022”

AAC R9-5-203.G G. If required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on CO's observations and a review of 9 staff files, the following staff lacked documentation of submission to DCS to complete a background check: **Staff #1 (date of hire 04/21/2022) **Staff #3 (date of hire 07/03/2023) **Staff #4 (date of hire 02/09/2023) **Staff #5 (date of hire 06/26/2023) *Previously cited 06/27/2023”

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 CO's observations and a review of 9 staff files, the following staff lacked documentation of verification of their fingerprint clearance cards prior to becoming a staff member. **Staff #1 (date of hire 04/21/2022) - verified 04/25/2022 **Staff #3 (date of hire 07/03/2023) - verified on 07/03/2023 *Previously cited 06/27/2023”

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 Compliance Officer's (CO) observations and a review of 9 staff files, Staff #1 (date of hire 04/21/2022) lacked a copy of the front and back of their fingerprint clearance card.”

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 CO's observations and a review of 9 staff files, criminal history affidavits for the following staff lacked the following required information: **Staff #2 (date of hire 02/28/2016) - signature and date **Staff #5 (date of hire 06/26/2023) - question #2 was not answered **Staff #9 (date of hire 06/26/2023) - question #2 was not answered *Previously cited 06/27/2023”