Casa De Ninos

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: The Secondary Compliance Officer reviewed Staff 1's file and noted that there was no documentation of their education nor their previous child care experience. The facility director reported that Staff 1 had worked in a classroom unsupervised.”

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: The Secondary Compliance Officer reviewed two staff files and noted that Staff 1's file did not list their start date, an emergency contact nor documentation of the facility's good faith efforts to contact at least two previous employers.”

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: The Primary Compliance Officer measured the depth of the the sand in the fall zones of the playground equipment as follows: 3" in the fall zones of the blue metal ladder, the inside of the monkey bar/ dome climber, the pink Little Tykes slide and the blue outer space slide on the 1s/2s playground; 3.5 " in the fall zone of the Jeep/green slide on the 4s/5s playground; 4" in the fall zone of the red/green monkey bars on the 4s/5s playground; 4.5" in the fall zone of the red tube slide on the 2s/3s playground.”

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

“Findings: The Primary Compliance Officer reviewed the facility's First Aid Kits and noted that one of the kits had a packet of acetaminophen in it.”

AAC R9-5-501.A.19. A. A licensee shall ensure that:19. Except as provided in subsection (A)(20), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“Findings: Based on Compliance Officers' observations, there were plungers next to the toilets in both the 2's and 2/3's classrooms that were accessible to enrolled children.”

AAC R9-5-504.5.c. A licensee providing child care services for 1-year-old and 2-year-old children shall: 5. Ensure that: c. If a child is fed with a bottle, a staff member complies with the requirements in R9-5-502(C)(3); and

“Findings: Based on Compliance Officers' observations, there was a bottle lacking a label in the 1's classroom.”

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 Officers' observations, the following hazards were observed on the facility playgrounds: *there was a white PVC pipe protruding from the sand near the climbing equipment, that was a tripping hazard. *there was a red merry-go-round sitting on the cement of the back patio, directly next to the shade posts. *there was a wooden shelving unit that was chipping and had splintering wood accessible to the enrolled children.”

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 Compliance Officers' observations and review of facility documentation, the staff files for both Staff #2 (start date 9/11/24) and Staff #3 (start date 5/14/19) lacked documentation of the educational requirements to qualify the staff members as teacher/caregivers.”

AAC R9-5-305.B. B. A licensee shall attach an enrolled child’s written immunization record or exemption affidavit, required in subsection(A), to the enrolled child’s Emergency, Information, and Immunization Record card, required in R9-5 304(B).

“Findings: Based on Compliance Officers' observations and review of facility documentation, 4 of 20 Emergency Information and Immunization record cards reviewed were missing the attached immunization records for: Child #1; Child #2; Child #3 and Child #5.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on Compliance Officers' observations and review of facility documentation, 4 of 20 Emergency Information and Immunization record cards reviewed lacked the following documentation: Child #3: Parent/guardian's contact information. Child #4: Date of enrollment. Child #5: Emergency contact's information. Child #6: Parent/guardian's contact information.”

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 Compliance Officers' observations and review of facility documentation, the facility lacked documentation of a current, violation-free fire inspection.”

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 Compliance Officers' observations, the exhaust fan in the 2's restroom was not operable.”

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 Compliance Officers' observations and review of facility documentation, the file for Staff #1 (start date 10/18/21) documented that the fingerprint clearance card had expired on 11/22/23 and had not been renewed until 1/9/24.”

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 Compliance Officers' observations and review of facility documentation, the staff file for Staff #3 (start date 9/11/24) lacked documentation of a negative tuberculosis test.”

AAC R9-5-514. C. C. A licensee shall:1. Prepare and date a written fire and emergency plan that contains: a. The location of the first aid kit; b. The names of staff members who have the first aid training required by R9-5-403(E); c. The names of staff members who have the CPR training required by R9-5-403(E); d. The directions for: i. Initiating verbal notification of an enrolled child’s parent by telephone or other equally expeditious means within 30 minutes of a fire or emergency; and ii. Providing written notification to the enrolled child’s parent within 24 hours; and e. The facility’s street address and the emergency telephone numbers for the local fire department, police department, ambulance service, and poison control center; 2. Maintain the plan required in subsection (C)(1) in a location on facility premises that has an operable telephone service or two-way voice communication system that connects the facility with an individual who has direct access to an in-and-out operable telephone service; 3. Post the plan required in subsection (C)(1) in any indoor activity area that does not have an operable telephone service or two-way voice communication system that connects the indoor activity area with an individual who has direct access to an in-and-out operable telephone services; and 4. Update the plan in subsection (C)(1) every 12 months after the date of initial preparation of the plan or when any information changes.

“Senior Compliance Officer observed that the accident and emergency plan was not current. The document was last updated in January of 2024, but the individuals listed with current first aid and CPR had expired on 3/2/24. The documented had not been updated with the current dates. (Previously cited on 1/23/24)”

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).

“Compliance Officer observed that Staff 1 did not have a Criminal History Affidavit. (Previously cited on 1/23/24)”

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

“Compliance Officer observed that Staff 2 only had 1 reference. (previously cited on 1/23/24)”

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."

“Senior Compliance Officer observed that the meal pattern requirements are not being followed. The afternoon snack was being served at the time of the inspection; which included only a rice krispy treat for the older children, and a cookie to the one year old children.”

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;

“Senior Compliance Officer observed that the older children were being served a rice krispy treat, and the one year old children were served a cookie for their afternoon snack. The substitution was not noted on the menu. (previously cited on 1/23/24)”

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

“Senior Compliance Officer observed a tube of Neosporin for Child 1. Compliance Officer observed medication for Child 2, and cough medication, teething tablets and ibuprofen for Child 3. The facility did not have written permission to administer any of the medications. Previously cited on 2/7/23.”

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.

“Compliance Officer observed that DPS was not contacted to verify that the fingerprint card for Staff 1 is valid.”

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).

“Compliance Officer observed that Staff 1 did not have documentation of a Criminal History Affidavit or Central Registry Affidavit.”

AAC R9-5-203.B. B. A licensee shall maintain documentation of a valid fingerprint clearance card issued under A.R.S. § 41-1758.03 and valid background check document issued under in A.R.S. § 46-811.

“Compliance Officer observed that Staff 2 was missing the back side of their fingerprint clearance card.”

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;

“Senior Compliance Officer observed an exposed outlet in the two-year-old classroom by the water jug.”

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

“Compliance Officer observed that Staff 2 was missing 1 reference.”

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;

“Senior Compliance Officer observed a child napping in front of the designated exit in the four-year-old and clubhouse classrooms.”

AAC R9-5-514. C. C. A licensee shall:1. Prepare and date a written fire and emergency plan that contains: a. The location of the first aid kit; b. The names of staff members who have the first aid training required by R9-5-403(E); c. The names of staff members who have the CPR training required by R9-5-403(E); d. The directions for: i. Initiating verbal notification of an enrolled child’s parent by telephone or other equally expeditious means within 30 minutes of a fire or emergency; and ii. Providing written notification to the enrolled child’s parent within 24 hours; and e. The facility’s street address and the emergency telephone numbers for the local fire department, police department, ambulance service, and poison control center; 2. Maintain the plan required in subsection (C)(1) in a location on facility premises that has an operable telephone service or two-way voice communication system that connects the facility with an individual who has direct access to an in-and-out operable telephone service; 3. Post the plan required in subsection (C)(1) in any indoor activity area that does not have an operable telephone service or two-way voice communication system that connects the indoor activity area with an individual who has direct access to an in-and-out operable telephone services; and 4. Update the plan in subsection (C)(1) every 12 months after the date of initial preparation of the plan or when any information changes.

“Senior Compliance Officer observed the accident and emergency plan was not complete. It was missing the location of the first aid kit and how the parents are going to be contacted within 30 minutes and 24 hours of an emergency. The classrooms do not have two way communication and the plan was not posted in the classroom. Previously cited on 2/7/23.”

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.

“Compliance Officer observed that Staff 1 began employment on 3/16/18. Their TB test was administered on 8/14/15; not within the required timeframe.”

AAC R9-5-605.B.9. B. A licensee shall ensure that: 9. Fans are mounted and inaccessible to an enrolled child;

“Senior Compliance Officer observed an unmounted fan sitting on top of a shelf in the four-year-old classroom.”

AAC R9-5-516.H. H. Except as provided in subsection (J), a licensee shall ensure that prescription and nonprescription medications are stored as follows:1. An enrolled child’s medication is kept in a locked, leak-proof storage cabinet or container that is used only for storing enrolled children’s medications and is located out of reach of children; 2. Medication for a staff member is kept in a locked, leak-proof storage cabinet or container that is separate from the storage container for enrolled children’s medications and is located out of reach of children; and 3. Medications requiring refrigeration are kept in a locked leak-proof container in a refrigerator.

“Senior Compliance Officer observed medication in the two -year-old classroom that was locked. Previously cited on 2/7/23.”

AAC R9-5-516.G. G. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment

“Compliance Officer observed medication for Child 3 being stored at the facility. Child 3 no longer attends the facility.”

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;

“Senior Compliance Officer observed that the lunch menu stated sloppy joe's and corn The children were served beanie weanies and green beans instead. The substitution was not noted on the menu. Previously cited on 2/7/23.”

AAC R9-5-511.A. A. A licensee shall provide each enrolled child who naps or sleeps at the facility with a separate cot or mat or a crib that meets the requirements of R9-5-502(A)(8) and ensure that:1. A cot, mat, or crib used by the enrolled child accommodates the enrolled child’s height and weight; 2. A staff member covers each cot, crib mattress, or mat with a clean sheet that is laundered when soiled, or at least once every seven days and before use by a different enrolled child; 3. A clean blanket or sheet is available for each enrolled child; 4. A rug, carpet, blanket, or towel is not used as a mat; and 5. Each cot, mat, or crib is maintained in a clean and repaired condition.

“Senior Compliance Officer observed a child napping on a cot without a sheet in the four-year-old classroom.”