Cadence Academy Preschool

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.

“Compliance Officer 2 observed that the refund policy was not posted. Previously cited on 6/13/23.”

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;

“Compliance Officer 1 observed the follwing items on the diaper tables: 1. A plastic toy, paint brushes and a lid in the Older 1's classroom. 2. A pen, lego, shoes, and a bib in the 2 1/2 year old classroom.”

AAC R9-5-309.B. B. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a licensee shall ensure that a licensed plumber or individual authorized by the local jurisdiction conducts a gas inspection that verifies there are no gas leaks in the gas pipes that run from the gas meter to any appliance or location on facility premises at least once every 12 months after the issue date of the license.

“Compliance Officer2 observed that the gas inspection was done on 5/15/23 and not within the last 12 months.”

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;

“Compliance Officer 1 observed the following accessible to enrolled children: Air fresheners in the infant room, 1 year classroom, and older 1's classroom. A plunger and toys on the floor in the 2 year old classroom's bathroom. Previously cited on 6/14/22.”

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.

“Compliance Officer 1 measured the sand at 1 to 2 inches of the required 6 inches in the fall zones of the preschool playground. Previously cited on 6/14/22 and 6/14/21.”

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

“Compliance Officer 1 observed a soiled clothing container accessible to enrolled children in the 3 year old classroom's bathroom. Previously cited 6/13/23.”

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;

“Compliance Officer 1 observed that the bathroom vents were not working in the 2's and 3-4's classrooms. Previously cited on 6/13/23.”

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

“Compliance Officer 1 observed food waste in trash cans without lids in the 2's and 3's classrooms. Previously cited on 6/13/23 and 6/14/22.”

AAC R9-5-516.F. F. A licensee shall maintain documentation of all medications administered to an enrolled child.1. Documentation shall contain: a. The name of the enrolled child; b. The name and amount of medication administered and the prescription number, if any; c. The date and time the medication was administered; and d. The signature of the staff member who administered the medication to the enrolled child; and 2. A licensee shall maintain the documentation on facility premises for 12 months after the date the medication is administered.

“Compliance Officer 2 observed that the medication consent form for Child 4 said to administer the medication daily. The documentation said the last time it was given was on 03/21/24.”

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

“Compliance Officer 1 observed an A&D ointment not labeled in the Infant classroom. Previously cited on 6/13/23.”

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

“Compliance Officer 1 observed diapers and extra clothing on low and open shelves in the bathrooms of the 1's, older 1's, 2's and 3's classrooms.”

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

“Compliance Officer 1 observed a tree that was 15 inches from the fall zone of a slide on the toddler playground.”

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

“Compliance Officer 1 observed that the infant feeding instructions were not complete for Child 1, Child 2 and Child 3. Previously cited on 6/14/22.”

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

“Compliance Officer 1 observed that the 2 1/2 year classroom did not have a soiled clothing container. Staff were putting soiled clothing in plastic bags in the children's backpacks. Previously cited on 6/13/23.”

AAC R9-5-501.A.9. A. A licensee shall ensure that:9. If a staff member places an enrolled child in a feeding chair when feeding the enrolled child: a. The feeding chair is constructed to prevent toppling; b. The tray or feeding surface of the feeding chair is smooth and free of cracks; and c. The 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;

“Compliance Officer 1 observed a child in a feeding chair without being buckled.”

AAC R9-5-509.C.18. C. A licensee shall ensure that:18. A staff member: a. Prepares a weekly menu at least one week in advance, b. Includes on the menu the specific foods to be served on each day, c. Dates each menu, d. Posts each menu at least one day before the first meal on the menu will be served, and e. Writes food substitutions on a posted menu no later than the morning of the day of meal service;

“Compliance Officer 2 observed that the menu listed tropical fruit cocktail, fruit cocktail, and assorted berries and not the specific foods. Previously cited on 6/14/22.”

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

“Compliance Officer 2 observed that there was no documentation of fire drills for January, February, March, April and May 2024.”

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: During the complaint inspection the Compliance Officer noted that two of the diaper changing surfaces have had holes drilled into them for electrical cords to pass through, causing the surfaces to not be seamless and sanitizable.”

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;

“THE FOLLOWING WAS SUBSTANTIATED FOR CASE 00085117 Findings: Based on staff interviews, photographic documentation, and facility email correspondence, it was determined that the temperature reached 83° F in the Dolphins (Younger Ones) Classroom on May 29, 2024.”

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;

“THE FOLLOWING WAS SUBSTANTIATED FOR CASE 00085117 Findings: Based on staff interviews, photographic documentation, and facility email correspondence, the Compliance Officer determined that the temperature in the Dolphins (Younger Ones) Classroom reached 83° F on May 29, 2024. Staff reported that some of the children were sweating, and their cheeks were red, but the staff and children were never moved to another room, and parents were not called to pick up their children early.”

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

“THE FOLLOWING WAS SUBSTANTIATED FOR CASE 00084876 Findings: Based on staff interviews, as well as documentation, it was determined that the facility has not maintained the required Staff-to-Child ratios on several occasions: *1:7 Infants in the Angelfish Classroom on 05/21/24. *1:6 Ones in the Starfish Classroom on 05/21/24. *1:10 Two/Older in the Stingrays Classroom on 05/21/24. *1:16 Three/Older in the Sea Turtles Classroom on 05/22/24.”

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 review of staff files the Compliance Officer noted that Staff 1 and Staff 2's files did not document their end dates of employment as required.”

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."

“THE FOLLOWING WAS SUBSTANTIATED FOR CASE 00084876 AND 00085117 Findings: Based on staff interviews, photographs, observation of lunch service, and serving utensils and bowls, the Compliance Officer determined that on occasion the facility has not served the correct amount of food based on the age guidelines found in Table 5.1, Meal Pattern Requirements for Children. According to staff, there are instances where there is not enough food to offer second servings, and that staff have been told the kitchen cannot provide more food.”