Desert Skies

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: Compliance Officer 2 reviewed the prescription medication and medication form for Child 4 and observed that the prescription number on the form was different from the prescription number on the medication bottle.”

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: During the inspection of the outdoor activity area, the Compliance Officer observed that there was dismantled equipment on the playground area.”

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: Compliance Officer 2 reviewed 12 children’s emergency cards and observed the following: * Child 1 was missing the name and phone number to a health care provider (911 cannot be listed). * Child 2 was missing the date of enrollment.”

AAC R9-5-303.B. B. A licensee shall ensure that the licensed capacity of each indoor activity area or room is posted in that activity area or room.

“Findings: The Compliance Officer was unable to find the licensed capacity posted in the 3&4 year-old room.”

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: During the inspection of the infant room, the Compliance Officer reviewed the infant feeding instruction forms and found that Child 3 did not have a form on file. The staff acknowledged that the parent had not returned the form to them.”

AAC R9-5-514. E. E. A licensee shall post, near an activity area or a room's designated exit, a building evacuation plan that details the designated exits from the activity area or room and the facility.

“Findings: During the inspection of the school-age room, the Compliance Officer observed that there was no evacuation map posted at the north designated exit door.”

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: During the inspection of the four diaper changing areas in the facility, the Compliance Officer measured the hot water temperature at 84 degrees at all four diapering sinks.”

AAC R9-5-517.A.10. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:10. Ensure that the motor vehicle is: a. Maintained in a clean condition, b. In a mechanically safe condition, and c. Free from hazards; and

“Findings: Based on Compliance Officer's observation, the facility vehicle had an accumulation of debris including food waste, wrappers and discarded bandages throughout the flooring of the vehicle.”

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 Compliance Officer's observation and review of facility documentation, the roster in the 4’s/SA classroom reflected the presence of 6 children, however 5 children were actually present.”

AAC R9-5-403.C. C. A licensee shall ensure that documentation of a staff member's completion of training required by subsection (A) is signed by the facility director and dated.

“Findings: Based on Compliance Officer's observation and review of facility documentation, the 10 day training form for Staff #1 (start date 7/1/24) lacked the director's signature,”

AAC R9-5-501.A.13. A. A licensee shall ensure that:13. Toys and play equipment, required in this Article, are maintained: a. Free from hazards, and b. In a condition that allows the toy or play equipment to be used for the original purpose of the toy or play equipment;

“Findings: Based on Compliance Officer's observation, there was a tricycle on the facility playground that had a seat broken off the tricycle.”

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;

“Findings: Based on Compliance Officer's observation, there was a child sitting in a high chair in the 3's classroom that had not been fastened with the safety straps.”

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 Compliance Officer's observation and review of facility documentation, the lesson plan posted in the 4's/SA classroom had the date documented as 6/16-6/20/25.”

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's observation, the written dietary instructions for the enrolled infants was not posted in the facility 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's observation, the diaper changing sink in the Infant classroom had 2 sponges atop the surface, and the 3's diaper changing sink had a toy in the basin of the sink.”

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.

“Findings: Based on Compliance Officer's observation, the 4's/SA restroom had a sink with broken plumbing below the sink and a toilet seat with a crack on the seat surface.”

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 Compliance Officer's observation and review of facility documentation, the menu posted in the facility entrance lacked a date.”

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 Officer's observation and review of facility documentation, 10 of 15 Emergency Information and Immunization record cards reviewed lacked the following required documentation: Child #1: Health Care provider phone number; The name of the individual to be contacted in case of sudden injury/illness. Child #2, Child #3, Child #4, Child #5 and Child #6: Date of enrollment; Parent/guardian contact's information. Child #7: Date of enrollment. Child #8: Parent/guardian's contact information; Health care provider's contact information; The name of the individual to be contacted in case of sudden injury or illness. Child #9: Parent/guardian's contact information. Child #10: 1 emergency contact's information.”

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's observation, the following hazards were observed on the facility playground: *The northern fencing of the playground had a green, wooden baseboard that had protruding nails and splintering wood that was accessible to enrolled children. *The climber/slide on the 4's/SA playground had the rubberized surface breaking free from the steps, causing a tripping hazard.”

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

“Findings: Based on Compliance Officer's observation, the prescription medication for Child #11 had an expiration date of 5/2025.”

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

“During the inspection of the diaper changing area in the two year-old room, Compliance Officer 1 observed that the soiled diaper container was not made inaccessible to children.”

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;

“During the inspection of the bathroom off room #1, Compliance Officer 1 found that there was a plunger in the bathroom that was accessible to children.”

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 reviewed the fire drill log for the past 12 months and observed that the fire drill documented as conducted on 07/08/23 was a Saturday. The facility is not open on Saturdays.”

AAC R9-5-503.F.2. F. A licensee shall ensure that in an activity area with a diaper changing area:2. A staff member: a. Documents each diaper change: i. For an infant, in the infant’s dated, daily, documentation required in R9-5-502(C)(1)(d); or ii. For an enrolled child who is not an infant, in a dated diaper changing log; b. Maintains the diaper changing log on facility premises for 12 months after the date of the diaper changing log; c. Empties clothing soiled with feces into a flush toilet without rinsing; d. Places an enrolled child’s clothing soiled by feces or urine in a plastic bag labeled with the enrolled child’s name, stores the clothing in a container used for this purpose, and sends the clothing home with the enrolled child’s parent; and e. Removes disposable diapers and disposable training pants from a diaper changing area as needed or at least twice every 24 hours to a waste receptacle outside the facility building.

“During the inspection of the diaper changing area in the three year-old room, Compliance Officer 1 observed that the staff were not maintaining a diaper changing log as there were two diapered children in the room and no documentation listed for the day.”

AAC R9-5-502.C.1.d. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: d. Keeps dated, daily, documentation of each infant including: i. A description of any activities the infant participated in, ii. The infant’s food consumption, iii. Diaper changes, and iv. Tummy time;

“Compliance Officer 1 requested to see the infant daily log sheets for the previous week and was told that they did not keep copies as they give the original to the parents.”

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.

“During the inspection of the diaper changing area in the two year-old room, Compliance Officer 1 observed that the soiled clothes container did not have a waterproof liner in it.”

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 2 observed butterfly decorations on the wall directly above the diaper changing area.”

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;

“Both Compliance Officers observed plastic packaging debris in the one of the cribs. Compliance Officer 1 also observed a paper and cardboard debris on the floor and rug that are possible choking hazards. Compliance Officer 1 observed a large soft circular toy that is a possible suffocation hazard on the floor of the play area.”

AAC R9-5-501.A.6. A. A licensee shall ensure that: 6. Age-appropriate toys, materials, and equipment are provided to enable each enrolled child to participate in an activity;

“Compliance Officer 2 observed a toy with a string attached that was not age appropriate for infants.”

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

“Both Compliance Officers noted that there were no unbreakable mirrors and there was an insufficient amount of toys and books in the play area.”