Desert Marigold School

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete an Emergency, Information, and Immunization Record that is no more than a two-page written notice, and is signed by the enrolled child’s parent containing: 1. The child’s name, home address, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, email address, and telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for the nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(14); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and the Compliance Officer's observations, the following enrolled children's Emergency, Information, and Immunization Records lacked the following documentation: *Child #1, Child #2, Child #3, Child #4, and Child #5: The email address for 2 of 2 of the children's parents. *Child #6: The email address for 2 of 2 of the children's parents, and the name of the individual to be contacted first in case of sudden illness or injury. *Child #7: The email address for 2 of 2 of the child's parents, the name and contact phone number of 2 individuals to be contacted in case of emergency, and the name of the individual to be contacted first in case of sudden illness or injury. *Child #8: The child's second parent's home address, the email address for 2 of 2 of the child's parents, the name and phone number of 2 individuals authorized to collect the child from the facility in case of emergency, the name and phone number of the child's health care provider, and the name of the individual to be contacted first in case of sudden illness or injury. *Child #9: The email address for 2 of 2 of the child's parents, the name and number of the child's health care provider, and the name of the individual to be contacted first in case of sudden illness or injury.”

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 Officer's observations, the facility lacked a current fire inspection for review at the time of the inspection.”

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 observations, in the Moonflower's (3s-5s) restroom, 1 of 2 toilet seats were loose and moved easily when light pressure was applied.”

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

“Findings: Based on staff statement and the Compliance Officer's observations, the facility lacked documentation of a dated attendance record for staff members. Staff stated that staff members should be doing it, but they have not seen them complete one.”

AAC R9-5-306.A. A. A licensee shall: 1. Maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release, and the parent or staff member's signature or other unique identifier. 2. If an electronic signature is used to admit or release the enrolled child, 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; 3. 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. 4. 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. 5. 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. 6. Maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on facility documentation and the Compliance Officer's observations, the facility's dated attendance forms for the week of 8/10/2026 to 8/14/2026 that contained the child's name and the parent or staff member's signature or other unique identifier lacked the time of each admission and release.”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on facility documentation and the Compliance Officer's observations, in the Moonflower (3s-5s) Room, 7 children were present, and 0 children were marked on the roster.”

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, in the outdoor activity area, the following hazards were accessible to enrolled children; *There were 2 exposed concrete footings on the west fence. *There was 1 exposed concrete footing near the gate on the north fence. *There was a 5-6 inch gaps on the west fence. *There was a 4 inch area of sharp rusted fence on the west fence.”

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 the Compliance Officer’s observation, the following toilet rooms were not maintained free from unrelated toileting items; Toilet Room next to Moonflower Classroom *There was a red wagon and a cloth laundry basket across from the toilet. Toilet Room next to Sunflower Classroom *There was a table with a table cloth, 2 wicker baskets and wooden toys across from the toilet. *There were 2 large purple plastic bins and a 3 tiered plastic drawer bin next to the sink.”

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 facility documentation and the Compliance Officer’s observation, it was determined that the Licensee lacked documentation of a current fire inspection report as required. Fire Inspection exp 10/4/2022”

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 Compliance Officer’s observation, it was determined that the roster in the Moonflow Classroom did not reflect the number of children present (10 children present, 0 children listed on the roster.)”

AAC R9-5-509.A. A. A licensee that prepares food for enrolled children on facility premises shall, if required by 9 A.A.C. 8, Article 1, and the local ordinances of the local health department where the facility is located, obtain a food establishment permit issued under 9 A.A.C. 8, Article 1, and: 1. Submit to the Department a written notice of the facility’s food establishment permit before the Department issues a license to the facility, 2. Maintain the facility’s current food establishment permit on the facility’s premises, and 3 Provide a written notice of the facility’s current food establishment permit to the Department upon request.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the Licensee lacked documentation of a current Sanitation inspection report as required. Sanitation expired 12/31/24.”

AAC R9-5-512.A. A. A licensee shall maintain facility premises free of insects and vermin.

“Findings: Based on the Compliance Officer’s observation, in the outdoor activity area there was an abundance of ants throughout the cement patios and along the fence line.”

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 accessible to enrolled children: Outdoor Activity area: *The stucco on the 3 foot dividers along the playground had chipping stucco, with a 3 inch hole exposing rust colored wires. *There was an abundance of bird feces on the picnic tables. Sunflower Classroom *The wall in the block area had peeling paint exposing drywall.”

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 observations, the outdoor activity area lacked the following resilient surfacing: *5 of the required 6 inches of sand in the fall zones of the blue slide and the ladder by the square ladder. *1 of the required 6 inches of sand in the fall zones of the rock wall. *3 of the required 6 inches of the sand in the fall zones of the ladder by the swings.”

AAC R9-5-301.A. A licensee shall: 1. Designate a facility director who acts on behalf of the licensee and is responsible for the daily on-site operation of a facility; 2. Submit the name of the designated facility director in writing to the Department before a license is issued; 3. Except as provided in subsection (A)(4), within 10 calendar days before changing a facility director, submit written notice of the change including the new designated facility director’s name and starting date; 4. If the licensee is not aware of a change in the facility director 10 calendar days before the effective date of the change, submit written notice of the change to the Department including the new designated facility director’s name and starting date within 72 hours after becoming aware of the change.

“Findings: Based on facility documentation and the Compliance Officer’s observation, the licensee did not notify the department in writing within 10 calendar days of a change in the facility's director.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, the documentation of the Mantoux skin test for Staff #3 was not administered on or before the starting date of employment (Date of employment- 09/01/2022).”

AAC R9-5-403.E. E. A licensee shall ensure that a staff member required by R9-5-301(G) meets all of the following:1. The staff member obtains first aid training specific to infants and children, 2. The staff member obtains CPR training specific to infants and children, which includes a demonstration of the staff member’s ability to perform CPR, 3. The staff member maintains current training in first aid and CPR, and 4. The staff member provides the licensee with a copy of the front and back of the current card issued to the staff member upon completing first aid and CPR training as proof of completion of the requirements of this subsection.

“Findings: Based on facility documentation and the Compliance Officer's observation, the facility lacked staff members who had current CPR and First Aid training.”

AAC R9-5-403.B. B. A licensee shall ensure that:1. Each staff member who provides child care services completes 18 or more actual hours of training every 12 months after the effective date of this Chapter or the staff member’s starting date of employment or volunteer service in at least two topics listed in this subsection: a. Child growth and development, including: i. Infant growth and development, which may include sudden infant death syndrome prevention; ii. Developmental psychology; iii. Language development; iv. Observation and child assessment; v. Developmentally-appropriate activities; vi. Child guidance and methods of discipline which may include training on the appropriate techniques to prevent a child from harm or to prevent the child from harming others; and vii. Developmentally-appropriate activity areas; b. Health and safety issues, including: i. Accident and emergency procedures, including CPR and first aid for infants and children; ii. Recognition of signs of illness and infestation; iii. Nutrition and developmentally-appropriate eating habits; iv. Child abuse detection, reporting, and prevention; v. Safety of indoor and outdoor activity areas; and vi. Sun safety policies and procedures; c. Program administration, planning, development, or management; and d. Availability of community services and resources, including those available to children with special needs; and 2. As part of the required 18 hours of training in subsection (B)(1): a. A staff member who has less than 12 months of child care experience before the staff member’s starting date, completes at least 12 hours in one or more of the topics in subsection (B)(1)(a) in the staff member’s first 12 months at the facility; b. A staff member who has 12 months or more of child care experience, completes at least 6 hours in one or more of the topics in subsection (B)(1)(a) every 12 months after the staff member’s starting date; c. A staff member who provides child care services to an infant completes at least 6 hours in subsection (B)(1)(a)(i) every 12 months after the staff member’s starting date; and d. A facility director completes at least 6 hours in subsection (B)(1)(c) every 12 months after the facility director’s starting date.

“Findings: Based on facility documentation and the Compliance Officer’s observation,3 of 3 staff files reviewed lacked the required training documentation: *Staff #1 (DOE- 08/11/2022): An additional 18 hours of annual training from 08/11/2023-08/11/2024. *Staff #2 (DOE unknown): An additional 18 hours of annual training from 2023-2024. *Staff #3 (DOE unknown): An additional 18 hours of annual training from 2023-2024.”

AAC R9-5-401.3. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:3. A teacher-caregiver is 18 years of age or older and provides the licensee with documentation of one of the following: a. Six months of child care experience and: i. A high school diploma or high school equivalency diploma; or ii. At least 12 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; b. Associate or bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field; or c. N.A.C., C.D.A., or C.C.P. credential;

“Findings: Based on facility documentation and the Compliance Officer’s observation, Staff #3 was a teacher-caregiver in the Preschool classroom. However, Staff #3 was not qualified as a teacher-caregiver because the staff file lacked documentation of a high school diploma or high school equivalency diploma.”

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

“Findings: Based on facility documentation and the Compliance Officers’ observations, 2 of 3 files reviewed lacked the following documentation: Staff #2 (DOE-unknown): *Home Address, *Telephone Number *Start date *Immunization Statement *2 Good-faith efforts Staff #3 (DOE-unknown) : *Date of Birth *Home Address, *Telephone Number. *Start date *Emergency Contact *Immunization Statement *2 Good-faith efforts”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, the licensee lacked documentation of the individual acting on behalf of the facility director when the facility director was not present.”