Building Kidz of Gilbert

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 Officers' observations, the diaper changing areas in the following rooms lacked: *One's: The soiled diaper container lacked a tight-fitting lid, and the soiled clothing container lacked a lid and a waterproof liner. *Prep. Two: The soiled diaper container was kept open.”

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: Based on the Compliance Officers' observations, the staff member in the Preschool Room failed to model a desired behavior, showing positive alternatives to children. When the CO entered the room the staff member was trying to keep the children in line to go outside and was shouting “no pushing” “no pushing” “no pushing” in a harsh tone, on second occasion, when the CO was entering the room from the outdoor area they could hear the staff shouting “quiet” in a harsh and loud tone.”

AAC R9-5-512.F.1. 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;

“Findings: Based on the Compliance Officers' observations, the middle stall in the Two's restroom lacked toilet paper.”

AAC R9-5-512.F.8.9. F. A licensee shall ensure that: 8. Plumbing fixtures are maintained in a clean and working condition; and 9. Chipped or cracked sinks and toilets are replaced or repaired.

“Findings: Based on the Compliance Officers' observations, the toilet bowls in the Two's Room had a brown grime buildup.”

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 Officers' observations, the following hazards were accessible to the children in the outdoor activity areas: *There was rust in areas along the metal fencing frames in both outdoor areas. *Toddler: There was a 3" crack in the plastic bridge and two splotches of bird feces on the slide platform of the climbing structure. **Previously Cited on 01.29.25”

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 Officers' observations, the climbing equipment in both playgrounds lacked six inches of resilient surface or shock-absorbing material under all falling zones where the turf over solid pavement was installed. **Repeat deficiency from 01.29.25”

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

“Findings: Based on the Compliance Officers' observations, the Emergency exits in the following rooms were not maintained unobstructed and unlocked: *Infants: The emergency exit was locked. *Preschool: The emergency exit was locked and blocked with a blind curtain.”

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

“Findings: Based on the Compliance Officers' observations and the review of the facility documentation, the Criminal History Affidavit for Staff #1: (DOE: 11.25.25), Staff #2: (DOE: 12.15.25), Staff #3: (DOE: 10.16.25), Staff #4 (DOE: 01.20.26), Staff #5: (DOE: 04.28.25) and Staff #6: (DOE: 12.22.25) were not completed before the staff's start date of employment. **Criminal History Affidavits completion was discussed at the previous inspection.”

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

“Findings: Based on the Compliance Officers' observations and the review of the facility documentation, the dietary instructions in the Infant Room were not completed or lacked specific instructions for bottle feeding for Child #1, Child #2, Child #3, and Child #4.”

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 the facility documentation, the fingerprint clearance card for Staff #7 (DOE: 02.01.23) expired on 09.06.25 and was not renewed until 01.23.26. **Previously cited on 01.29.25”

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 the Compliance Officers' observations and the review of the facility documentation, the fingerprint clearance cards for Staff #2: (DOE: 12.15.25), Staff #4: (DOE: 01.20.26), Staff # 6: DOE: 12.22.25), and Staff #8: (DOE: 07.21.25) were not verified before the staff start date of employment. **Previously Cited on 01.29.25”

AAC R9-5-301.I. I. At least once a month, and at different times of the day, a licensee shall ensure that: 1. An unannounced practice drill that includes evacuation, relocation, shelter-in place, and lock downs are conducted; 2. Each staff member, volunteer, and enrolled child at the facility participates in the practice drill; 3. If applicable, accommodations are made for an enrolled child with a special need or disability according to the enrolled child's individualized plan as specified in R9-5-507(A)(1); 4. If applicable, accommodations are made for an enrolled child or infant who is not yet walking; and 5. Document each practice drill and maintain the documentation on facility premises for 12 months after the date of the practice drill.

“Findings: Based on the Compliance Officers' observations, a review of the facility documentation, and staff interview, the facility lacked documentation of monthly fire drills for the past 12 months. Staff stated they had not completed any fire drills since their employment began in August 2025.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete 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 Officers' observations and the facility documentation, three of 16 Emergency contact cards reviewed lacked the following required information: *Child #4: The name and contact number of at least two individuals authorized by the child’s parent to collect the child if the child’s parent cannot be contacted, and the name of the individual to be contacted in case of injury or sudden illness of the child. *Child #5: The second page of the card was not completed. *Child #9: The name and contact telephone number of the child’s health care provider.”

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

“Findings: Based on the Compliance Officers' observations and the facility documentation, six of 16 Emergency contact cards reviewed for Child #4, Child #5, Child #6, Child #7, Child #8, and Child #9 lacked a copy of the child's immunization records.”

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

“Findings: Based on the Compliance Officers' observations, the facility lacked documentation of a current fire inspection.”

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 the Compliance Officers' observations and the review of the facility documentation, Staff #9: (DOE: 08.09.25) acted in the capacity of a child educator, and the file for Staff #9 lacked the qualifications to be alone with children. The file lacked a minimum of a high school diploma, a high school equivalency diploma, or at least 12 credit hours from an accredited college or university to qualify them as a child educator.”

AAC R9-5-404.C.3. C. A licensee shall ensure that when there are: 3. 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 Officers' observations and staff statement, there was a walking 13-month-old child in transition from the Infant Room to the One's Room. Staff stated that the child moves back and forth when ratios allow.”

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 Officers' observations, drinking water was not accessible to children in the One's and Two's Room.”

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

“Findings: Based on the Compliance Officers' observations, the hot water option from the water cooler was accessible to children in all rooms.”

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 room temperature was not maintained between 68 and 82 degrees in the following rooms: *Infants: Room temperature was 67 degrees. *Twos: Room temperature was 65 degrees. *Preschool: Room temperature was 67 degrees.”

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 Officers' observations and the review of the facility documentation, the following rooms lacked a current posted lesson plan: *Two's: The Lesson Plan was dated 01.12 to 01.16.26 (Two weeks prior). *Preschool: The Lesson Plan was dated 01.12 to 01.18.26 (Two weeks prior). *Pre-K: There was no lesson plan posted.”

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

“Findings: Based on the Compliance Officers' observations, the personal products in the One's and Prep. Two rooms were not labeled with the child's first and last name.”

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 the Compliance Officers' observations, the Baby food in the Infant Room was not labeled with the child's first and last name.”

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

“Findings: Based on the Compliance Officers' observations and the facility documentation, the infant feeding instructions were not posted in the kitchen. **Previously cited on 01.29.25”

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 Officers' observations, the diaper changing areas in the following rooms were not maintained free from items not required for diapering: *Prep 2: The water cooler electrical cord was partially attached to the diaper changing area’s backsplash, causing the cord to rest on the back side of the diapering surface. *Twos: There was a tablet in the diapering area while the staff was changing a child's diaper.”

AAC R9-5-203.I. I. Within 30 calendar days after the day of a staff member’s or volunteer’s 18th birthday, the staff member or volunteer shall provide to the licensee copies of a valid fingerprint clearance card and background check document specified in subsection (C).

“Findings: Based on Compliance Officer #2's observations and facility documentation, Staff #1 lacked a fingerprint clearance card for 53 calendar days after turning 18 years old.”

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 Compliance Officer #2's observations and facility documentation, 2 of 4 staff files reviewed lacked the following: **Staff #1: The fingerprint clearance card was verified to be valid by the Licensee after Staff #1's date of employment (DOE:12/11/23 Verified: 9/23/24). **Staff #2: The fingerprint clearance card was verified to be valid by the Licensee after Staff #2's date of employment (DOE: 4/8/24 Verified: 4/24/24).”

AAC R9-5-605.B.16. B. A licensee shall ensure that:16. The fire extinguisher required in subsection (A): a. Is serviced at least once every 12 months; and b. Has a tag attached to the fire extinguisher that specifies the date of the last servicing and the identification of the person who serviced the fire extinguisher; and

“Findings: Based on Compliance Officer #1's observations, all fire extinguishers in the facility lacked a tag with the last service date and the identification of the person who serviced them.”

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 Compliance Officer #1's observations, equipment on the Toddler Playground lacked resilient material or shock-absorbing surfacing under the fall zones, where turf over solid pavement was installed.”

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, the following toys were broken in the Toddler Playground: *The grey stairs were cracked on the slide structure. *The top of the caterpillar tunnel was cracked in every section.”

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 observations and facility documentation, 2 of 9 infant dietary instructions were not posted in the kitchen.”

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 observations, the following diaper changing areas were not maintained in a sanitizable condition: **1's room: The caulking behind the faucet was peeling. There was dried food debris inside the sink. **2's room: The spray hose mount was detached from the sink. There was food debris behind the faucet. There were grey fuzzy areas on the edges of the table.”

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 Compliance Officer #1's observations and facility documentation, 11 children's sign-in and sign-out records from 1/21/25, 1/22/25, and 1/24/25 lacked the following: **Child #1: No sign-out on 1/24/24 **Child #2: No sign-in on 1/24/25 **Child #3: No sign-out on 1/24/25 **Child #4: No sign-out on 1/21/25, 1/24/25 **Child #5: No sign-in on 1/21/25, 1/24/25 **Child #6: No sign-in on 1/21/25, 1/24/25 **Child #7: No sign-out on 1/21/25, 1/24/25 **Child #8: No sign-in on 1/22/25 **Child #9: No sign-out on 1/22/25 **Child #10: No sign-out on 1/22/25 **Child #11: No sign-out on 1/22/25”

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 the Compliance Officers' observations and facility documentation, the following medications lacked the required documentation: **Child #12 lacked a medication authorization form for an itch relief ointment. **Child #13 lacked a medication authorization form with dosage, times and frequency of administration of the medication, prescription number, parent signature, starting and ending date, and reason for medication.”

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 CO's observations and a review of 2 staff files, Staff #2's (DOE 05/13/2024) documentation reviewed lacked the negative results of freedom from tuberculosis.”

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 CO's observations and a review of 2 staff files, Staff #1 (DOE Unknown) and Staff #2 (DOE 05/13/2024) lacked the following required documentation: **Staff #1 - Date of birth, address, phone number; starting date of employment; statement of immunity against measles, rubella, diphteria; 10-day new staff orientation; 2 good faith efforts to contact previous employers. A file was available for reivew. **Staff #2 - Statement of immunity against measles, rubella, diphtheria,”

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 2 staff files, Staff #1 (DOE Unknown) and Staff #2 (DOE 05/13/2024) lacked documentation of a completed Criminal History Affidavit. Staff #1 did not have a file available for review, and Staff #2 did not answer questions #1, #2, and #3.”

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 CO's observations, 2 napping children's heads were covered with a blanket in the Preschool Prep room.”

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. A method of discipline that could cause harm to the health, safety, or welfare of an enrolled child;

“Findings: Per allegation and based on staff interview, written staff statement, and video footage, Staff #2 used a method of discipline that could cause harm to the health, safety, and welfare or an enrolled child, when Staff #2 forcefully placed a child in a chair, and pinched the cheeks of several children so they would listen to Staff #2. **On 12/02/2024, video footage shows Staff #2 grabbed a child by the arm, pulled the child towards Staff #2, and pulled them up to make the child stand. Staff #2 then placed her fingers of one hand on each side of the child's cheeks and squeezed them with Staff #2's face close to the child's face. **On another occasion on 12/02/2024, Staff #2 forcefully placed a child in a chair, stood above and behind the child, pulled the child's head backward to look up at Staff #2, and tapped the child's face. **Per staff statement, Staff #2 "pinched and squeezed (child) multiple times making (child) cry.; Staff #2 "also squeezed (child) during circle time, which made (child) cry as well".”

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 Compliance Officer's (CO) observations and a review of 2 staff files, Staff #1 (DOE Unknown) lacked documentation of a completed DCS affidavit. A file was available for reivew.”

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 CO #1's observations, children in the Preschool Prep room were left unsupervised when a staff member left the room to take 2 children to the shared restroom, leaving 6 children in the classroom alone. Then the staff member left the 2 children alone and unsupervised in the restroom when the staff member returned to the classroom.”

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 #1's observations, in each of the Women's and Men's restrooms (used by enrolled children), there was a loose toilet seat.”

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 CO #1's observations, there was a staff member in the shared restroom between the 2's and Preschool Prep rooms, with 2 children. As the CO walked into the Preschool Prep room, there was no staff present, leaving a ratio of 0:6 (2-year olds) with a required ratio of 1:6. The staff returned from the children's restroom, but left the remaining 2 children in the restroom at a ratio of 0:2 (2-year olds) with a required ratio of 1:2.”

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 COs' observations and a review of 5 staff files, Staff #3 (DOE 02/01/2023) and Staff #4 (DOE 02/01/2023) were alone with enrolled children and their foreign educational documentation lacked verification of United States equivalency to qualify as teacher-caregivers.”

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 Compliance Officer #2's (CO) observations and a review of 5 staff files, Staff #1's (DOE 12/04/2023) criminal history affidavit was not completed before the staff member's starting date of employment. The affidavit was dated 12/19/2023.”

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 COs' observations and a review of 5 staff files, Staff #3 (DOE 02/01/2023) and Staff #4 (DOE 02/01/2023) were unsupervised and alone with children. Each lacked educational documentation to qualify as teacher-caregivers.”

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 CO #2's observations and a review of 5 staff files, Staff #1 (DOE 12/04/2023) and Staff #2 (DOE 08/28/2023) TB results were dated after the starting date of employment. **Staff #1 - Results dated 01/28/2024 **Staff #2 - Results dated 09/01/2023”

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, 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 COs' observations and a review of facility documentation, the menu lacked the date for the specific calendar week. The menu was dated as an annual menu 2023, with an updated date noted as 07/28/2023.”

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 #2's observations and a review of facility documentation, 6 of 15 enrolled children's attendance records lacked the following required information: **Child #1 - arrival and departure signatures on 01/24/2024 signed with a squiggly line **Child #2, Child #3 - arrival and departure signatures on 01/24/2024 signed with a "z" **Child #4, Child #5 - arrival and departure signatures on 01/24/2024 signed with initials only **Child #6 - arrival and departure signatures on 01/24/2024 signed with initials and a squiggly line”

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 #1's observations, a castle climber with a slide located on Playground #2 (south) was placed on turf and lacked fall zone protection in areas in which a child falling from or exiting from the equipment would be expected to land.”

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

“Findings: Based on CO #1's observations, on Playground #1 (east) at the northeast corner, there was 2' x 2' section of turf that was not secured to the ground. The CO was able to lift the turf exposing the ground underneath.”

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 CO #1's observations, in the Men's restroom used by enrolled children, there were black, and green stains in the toilet basin. In the Preschool Prep/2's shared restroom, there were pieces of toilet paper and paper towels on the floor.”

AAC R9-5-512.C. C. A licensee shall ensure that floor coverings are:1. Clean; and 2. Free from: a. Dampness, b. Odors, and c. Hazards.

“Findings: Based on CO #1's observations, in the Playroom, there was debris on the carpet, floor, and the climber carpeted steps.”

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 CO #1's observations, in the Infant room, the water temperature at the diaper changing sink was measured at 73.4° F.”

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 CO #1's observations, in the Infant room, 2 containers of baby food were labeled with a first name only.”

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

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

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

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

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 #2's observations and a review of 5 staff files, Staff #1 (DOE 12/04/2023) and Staff #2 (DOE 08/28/2023) lacked documentation of submission to DCS to complete a background check.”