Desert Rock Preschool and Childcare

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

“Findings: Based on Compliance Officer's observation and review of facility documentation, the current week's menu was not posted throughout the facility. The menu from 3/24/26-3/27/26 was posted.”

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 Compliance Officer's observation and review of facility documentation, the infant feeding instructions were not posted in the facility kitchen.”

AAC R9-5-503.C. C. A licensee shall ensure that a written diaper changing procedure is posted and implemented in each diaper changing area.

“Findings: Based on Compliance Officer's observation and review of facility documentation, the diaper changing area in the Infant room lacked a posted diaper changing procedure.”

AAC R9-5-503.D. D. A licensee shall ensure that the written diaper changing procedure in subsection (C) states that an enrolled child’s diaper is changed as soon as it is soiled, and that a staff member, when diapering: 1. Uses a separate washcloth and towel only once for each enrolled child; 2. Washes and dries the enrolled child using the enrolled child’s individual personal products labeled with the enrolled child’s name; 3. Uses single-use non-porous gloves; 4. Washes the staff member’s own hands with soap and running water between 86° F and 110° F before and after each diaper change; 5. Washes each enrolled child’s hands with soap and running water between 86° F and 110° F after each diaper change; 6. Cleans, sanitizes, and dries the diaper changing surface following each diaper change; and 7. Uses single-use paper towels from a dispenser to dry the diaper changing surface or the hands of the enrolled child or staff member.

“Findings: Based on Compliance Officer's observation, there was a tube of "Aquaphor" in the infant classroom that lacked a label with the enrolled child's name.”

AAC R9-5-509.C.21. C. A licensee shall ensure that: 21. A refrigerator at the child care facility maintains a temperature of 41° F or below and a freezer maintains a temperature of 0° F or below, as shown by a thermometer kept in the refrigerator and in the freezer at all times;

“Findings: Based on Compliance Officer's observation, the refrigerator in the Infant room lacked a thermometer.”

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

“Findings: Based on Compliance Officer's observation, there was a step-stool at the classroom sink of the 1's room that had an accumulation of grime and debris in the corners of the stool surfacing.”

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 Compliance Officer's observation, the soiled clothing containers were missing in the diaper changing areas throughout the facility.”

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 adult and pediatric first aid and CPR certification, as required by R9-5-403(E); c. 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 d. The facility’s street address and the emergency telephone numbers for the local fire department, police department, ambulance service, and poison control center; e. The procedures for evacuation, relocation, shelter-in-place and lockdown, staff and volunteer emergency preparedness training and practice drills, communication and reunification with families, continuity of operations, and accommodation of infants, children with disabilities, and children with chronic medical conditions, as specified in R9-5-301; 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.

“Findings: Based on Compliance Officer's observation and review of facility documentation, the accident/emergency plan posted in the 1's classroom had the last update documented as January, 2022.”

AAC R9-5-516.B.4. B. If prescription or nonprescription medications are administered, a licensee shall ensure that: 4. A staff member: a. Administers a prescription medication provided by a parent only from a container dispensed by a pharmacy; b. Administers a nonprescription medication provided by a parent for an enrolled child only from a container prepackaged and labeled for use by the manufacturer and labeled with the enrolled child’s name; c. Does not administer any medication that has been transferred from one container to another; and d. Does not administer a nonprescription medication to an enrolled child inconsistent with the instructions on the nonprescription medication’s label, unless the facility receives written authorization from the enrolled child’s health care provider.

“Findings: Based on Compliance Officer's observation, the medication for Child #1 lacked the complete dosage as indicated on the container dispensed by the pharmacy.”

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 Compliance Officer's observation, the metal fencing along the north wall of the playground had an accumulation of rusting edges, loose and rusted bolts, and chipping paint that were all accessible to enrolled children.”

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 Officer's observation, the facility restrooms in the MPR lacked exhaust fans or screened windows.”

AAC R9-5-605.B.5. B. A licensee shall ensure that: 5. Electrical extension cords are not used;

“Findings: Based on Compliance Officer's observation, there were 2 extension cords along the floor in the 4's classroom.”

AAC R9-5-605.B.6. B. A licensee shall ensure that: 6. Except for a room used only for an enrolled school-age child, each unused electrical outlet is covered with a safety plug cover or insert;

“Findings: Based on Compliance Officer's observation, there was an electrical outlet near the refrigerator that lacked a safety cover or insert.”

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 Compliance Officer's observation and review of facility documentation, the lesson plans posted in both the 1's and 4's classroom was for the week of 3/23-3/27/26.”

AAC R9-5-501.A.17. A. A licensee shall ensure that: 17. Each enrolled child’s pacifier is labeled with an identifier that is specific to the enrolled child and maintained in a clean condition;

“Findings: Based on Compliance Officer's observation, there was a gray pacifier in the Infant room that lacked an identifier specific to an enrolled child.”

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 Compliance Officer's observation, there were 3 large plywood panels attached to the wall in the 4/5's classroom that had splintering wood edging, accessible to enrolled children.”

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 Officer's observation and review of facility documentation, the facility lacked documentation of a current, violation-free fire inspection/permit.”

AAC R9-5-501.B.7. B. A licensee shall ensure that a staff member: 7. If an activity in the lesson plan required in subsection (C)(5) includes screen time, include in the lesson plan the duration of the screen time in minutes;

“Findings: Based on Compliance Officer's observation and review of facility documentation, there was a television set playing in the 4's classroom, however the lesson plan lacked documentation of duration of the screen time in minutes.”

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).

“The Compliance Officers requested 3 staff files. Staff 1, a volunteer did not have a file. The Director reported that she was unaware that volunteers require staff files. The regulations for volunteers were reviewed.”

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

“The Compliance Officers observed storage of toys, clothes. and diapering products in the 2 year old bathroom. Photograph taken.”

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 Compliance Officers observed that Child 1 had a pacifier keeper attached to their sleep sack while they were asleep in the crib.”

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;

“The Compliance Officers observed the 1 and 2 classroom bathroom to have a plunger next to the toilet accessible to the enrolled children.”

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.

“The Compliance Officer observed antibiotic ointment packets in the first aid kit.”

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.

“The Compliance Officer measured 2 inches of pea gravel under the swings. Photograph taken.”

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

“The Compliance Officer observed the fire extinguisher tag to have expired March 31, 2025. Photograph taken.”

AAC R9-5-502.B.2. B. A licensee providing child care services for infants shall not:2. Permit an infant who is awake to remain for more than 30 consecutive minutes in a crib, swing, feeding chair, infant seat, or any equipment that confines movement;

“The Compliance Officer's observed Child 1 to be swaddled in a sleep sack with their arms restricted.”

AAC R9-5-502.C.1.n. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: n. Follows the current written dietary instructions of a parent when feeding the infant;

“The Compliance Officers observed that Child 2 did not have updated written feeding instructions to include the jar food that child was now eating. The instructions had not been updated since 10/7/2024.”

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;

“The Compliance Officers observed that the diapering area counter had seams that needed to be caulked to be sanitizable in the 2 year old room and preschool room.”

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.

“The Compliance Officers reviewed 2 of the 3 requested staff files. Staff 2 was hired 3/4/2024, and the TB test was not read negative until 3/6/2024.”

AAC R9-5-516.B.4. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:4. A staff member : a. Administers a prescription medication provided by a parent only from a container dispensed by a pharmacy; b. Administers a nonprescription medication provided by a parent for an enrolled child only from a container prepackaged and labeled for use by the manufacturer and labeled with the enrolled child’s name; c. Does not administer any medication that has been transferred from one container to another; and d. Does not administer a nonprescription medication to an enrolled child inconsistent with the instructions on the nonprescription medication’s label, unless the facility receives written authorization from the enrolled child’s health care provider.

“The CO observed a tube of over the counter medication not labeled with a child's name stored in the medication box.”

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;

“The CO observed both exits in the infant room to be obstructed. The exit leading to the school age room was obstructed on the outside by a stroller, and the inside by a bouncy seat. The evacuation cribs were positioned in a manner that items would have to be moved prior to being able to exit the room. The secondary exit going through the office has a swing obstructing the crib from exiting, and items stored on the other side of the door in the office would obstruct a crib. The CO also observed boxes of materials that were delivered obstructing the door between the school age room and the lobby.”

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;

“The CO observed that the feeding instructions for Child 1 had no food listed on the feeding instructions, however staff reported that the child is being fed food at the facility.”

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;

“The CO observed laundry detergent on the floor in the children's activity area in the annex. The laundry detergent was in the entry way accessible to the children and had a child warning label on it.”

AAC R9-5-501.A.16. A. A licensee shall ensure that:16. When an enrolled child is napping or sleeping in a room, the room is maintained at a minimum of five foot candles of illumination;

“The CO observed that the children napping in the rooms were not visible. The rooms were not maintained at a minimum of 5 foot candle illumination.”

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

“The Compliance Officer (CO) observed a broken drawer in the classroom bathroom of the annex building.”

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

“The CO reviewed the medication authorization forms and found the following deficiencies: No form for an over the counter medication stored in the box. The medication was not labeled with a child's name. Child 2 incomplete end date Child 3 the prescription number on the form did not match the prescription number on the medication. Child 4 the start date did not have a year documented.”

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

“The CO observed the floor in the preschool annex bathroom had dirt and debris buildup along the baseboards, and on the stool.”

AAC R9-5-506.3. A licensee providing child care services for school-age children shall:3. Provide age-appropriate toys, materials, and equipment accessible to enrolled children in each activity area in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Arts and crafts, b. Games, c. Puzzles and toys to enhance manipulative skills, d. Books, e. Science materials, f. Sports equipment, and g. Outdoor play equipment; and

“The CO observed the school age room to have limited materials accessible to the enrolled children. The materials are maintained in cabinets that had the doors shut during the inspection. Please ensure materials and activities in a quantity sufficient to meet the requirements listed in the rule.”

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;

“The CO observed the 2 year old diapering area to have paint brushes and paper towels sitting on the counter of the diapering sink.”

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;

“The CO observed a toilet brush accessible in the bathroom of room 4.”

AAC R9-5-502.A.7.b. A. A licensee providing child care services for infants shall:7. Provide space, materials, and equipment in an infant room that includes the following: b. Toys, materials, and equipment, that are too large for an infant to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the infants in attendance that include: i. Toys to enhance physical development such as toys for stacking, pulling, and grasping; ii. Soft toys; iii. Books; iv. Toys to enhance visual development such as crib mobiles and activity mats with an object or objects suspended above the infant’s head; and v. Unbreakable mirrors; and

“The CO observed the infant room and found that the room did not contain mirrors. The CO observed that the toys were in bins under the cribs, the toys must be accessible to the infant children.”

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;

“The CO observed that the diapering surface has seams that are not sanitizable.”

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;

“The CO observed the outlets in the bathroom of room 4 were not covered with a safety plug.”

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;

“The CO observed that the emergency exit in room 4 was blocked with tables.”

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

“The Compliance Officer (CO) observed 2 large floor chest freezers with the doors not secured in room 4.”