Discovery Time Childcare

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.

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the files for Staff #1,#2,#3,#4, and #5 lacked documentation of the Central Registry Background check results.”

AAC R9-5-302. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following: 1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Guidelines for positive discipline reflective of age-appropriate methods for children that include clear, appropriate, consistent expectations; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services; and 19. Policies and procedures for suspension and expulsion of children to include clear, appropriate, consistent expectations, including suspension and expulsion prevention strategies.

“Findings: Based on facility documentation and the Compliance Officer's observation, the Statement of Service lacked the following information: *A description of the liability insurance coverage. *Accident and emergency procedures. *A notice stating inspection reports are available upon request. *A statement of regulation by DHS.”

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 observation, it was determined that 9 out of 12 enrolled children's Emergency, Information, and Immunization Record cards reviewed lacked the following required information: Child #1,#2, and #3: The name of the individual to be contacted in case of sudden injury. Child #4 and #5: The home address, city, state, and zip code of each parent. Child #6, #7, and #8: The name of the individual to be contacted in case of sudden injury.The name, home address, city, state, zip code, and telephone number of each parent. Child #9: The name and contact number of the child's healthcare provider.The name, home address, city, state, zip code, and telephone number of each parent.”

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.”

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: School age: *There were 3 holes located on the yellow door on the stage. *There was cracked tile located next to the shelf. One-year-old classroom: *There was chipped paint with exposed drywall located in the block area.”

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 the Compliance Officer's observation, the following hazards were accessible to enrolled children: 1's classroom: There was peeling vinyl with exposed foam located on the soft blocks. 2's Classroom: There was peeling vinyl with exposed foam located on the brown chair. There was cracked plastic with exposed sharp plastic edges located on the clear basket.”

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 facility documentation and the Compliance Officer's observation, the Pre-K classroom lacked a current lesson plan. The lesson plan was dated for 12/1/2025-12/5/2025. The lesson plan in the one's classroom was dated for 11/17/2025-11/21/2025.”

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 the Compliance Officer's observation, the 1's classroom, the diaper changing area lacked paper towels from a dispenser. The paper towels were sitting on top of a shelf.”

AAC R9-5-512.F.4.5. F. A licensee shall ensure that: 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;

“Findings: Based on the Compliance Officer's observation, in the outdoor activity area, the trash receptacle lacked a lid. There were noodle wrappers in the trash receptacle.”

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, there was cracked plastic located on the lid of the trash receptacle.”

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 observation, the outdoor activity area lacked the following resilient surfacing: *3 of the required 6 inches of wood chips in the fall zones of the yellow slide. *4 of the required 6 inches of wood chips in the fall zones of the blue ladder.”

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: Based on the Compliance Officer's observation, in the Infant room, the water temperature in the diaper changing area was 78° F instead of the required temperature between 86° F and 110° F.”

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 #1's observations, in the outdoor activity area, the following hazards were accessible to enrolled children: Preschool Playground: *There was rough rusty metal located on the drain next to the door. *There was a yellow bike that was missing two pedals. *There was a red bike that was missing a seat. *There were 2 play kitchens located in the sand that were not steady. *There were broken plastic pieces with sharp edges located around the door. *There was a broken basketball court lying in the corner of the playground in the woodchips.”

AAC R9-5-517.B.3. B. A licensee shall ensure that an individual who drives a motor vehicle used to transport an enrolled child:3. Carries a list stating the name of each enrolled child being transported and a copy of each enrolled child’s Emergency, Information, and Immunization Record card including the attached immunization record or exemption affidavit, in the motor vehicle;

“Findings: Based on the Compliance Officers' observation, both of the motor vehicles used to transport enrolled children lacked rosters and a copy of each of the child's Emergency, Information, and Immunization Record cards.”

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 the Compliance Officers' observations, both of the vans used to transport enrolled children were not maintained in a clean condition. There was dirt build-up and crumbs located on the floor.”

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 #1's observation, in the 1's and 3's classrooms, the trash cans used for food debris and waste lacked a tight-fitting lid. The trashcans in the 4's and the school-age classrooms were not maintained in a clean condition. There was food and milk splashed on the sides of the trashcans.”

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 #1's observation, the following were not maintained in a clean condition: 2's classroom: *There was a dark build-up located on the ABC rug. *There was a dirt build-up located on the children's chairs. 3's classroom: *There was a dirt build-up located on the children's chairs. 1's classroom: There was a dark build-up located on the red rug. Toddler Playground: There was a dirt build-up on the green cushions of the bench.”

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 facility documentation and Compliance Officer #2's observation, it was determined that 17 out of 20 enrolled children's Emergency, Information, and Immunization Record cards reviewed lacked an attached written immunization record.”

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: Based on Compliance Officer #1's observation, in the 1's and 2's classrooms, the temperature of the diaper changing sink was 67° F. rather than 86° F to 110° F. as required. In the Infant room, the temperature of the diaper changing sink was 65° F. rather than 86° F to 110° F. as required.”

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).

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the file for Staff #1 lacked documentation of the DCS Registry. *Cross reference R9-5-203.G”

AAC R9-5-203.C. C. Except as provided in A.R.S. § 41-1758.03, a licensee shall ensure that each staff member, before starting date of employment or volunteer service, submits to the licensee a copy of the staff member’s valid fingerprint clearance card,front and back, issued under A.R.S. Title 41, Chapter 12, Article 3.1.

“Findings: Based on Compliance Officer #2's observation, it was determined that the file for Staff #1 lacked documentation of a copy of the front and back of the staff member's fingerprint clearance card.”

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 Compliance Officers' observation, Staff #1 was a teacher-caregiver in the 4's classroom, but was not qualified as a teacher-caregiver and was not supervised by a qualified staff member.”

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 #1's observation, in the 1's Classroom, there was a rag and a sponge located in the diaper changing area.”

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;

“Findings: Based on facility documentation and Compliance Officer #1's observation, in the Infant room, Child #7 and #14 lacked written dietary feeding instructions. Child #15 lacked a schedule showing the times for feeding, the amount of milk to be fed per feeding, and a list of foods to be fed. Child #16 lacked a schedule showing the times for feeding and the amount of milk to be fed per feeding.”

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 Officer #1's observation, in the School-age classroom, there was a bucket of laundry detergent located on the floor by the door leading to the playground.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Based on facility documentation and Compliance Officer #2's observation, the ratio in the 4's Classroom was 0:7 instead of 1:7 as required for 4-year-old children. Staff #1 was not qualified.”

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 facility documentation and the Compliance Officer’s observation, it was determined that 13 out of 20 enrolled children's Emergency, Information, and Immunization Record cards reviewed lacked the following required information: Child #1 and #2:The date of the child's enrollment. The child’s home address, city, state, zip code, and home telephone number. The contact telephone number of the child’s health care provider. The name of the individual to be contacted in case of injury or sudden illness of the child. Child #3:The date of the child's enrollment. The child's date of birth. Child #4: The date of the child's enrollment. The child’s home address, city, state, zip code, and home telephone number. The name and contact telephone number of the child’s health care provider. The home address, city, state, and zip code of each parent of the child. Child #5:The name of the individual to be contacted in case of injury or sudden illness of the child. Child #6: The date of the child's enrollment. The name, home address, city, state, zip code, and contact telephone number of each parent of the child. Child #7: The date of the child's enrollment. Child #8: The date of the Child's enrollment. the child's home telephone number. The name and contact telephone number of the child’s health care provider. Child #9:The date of the child's enrollment. The child's home telephone number. The name and contact telephone number of the child’s health care provider. The name of the individual to be contacted in case of injury or sudden illness of the child. An emergency contact. Child #10: The date of the child's enrollment. The name, home address, city, state, zip code, and contact telephone number of each parent of the child. An emergency contact. Child #11: The date of the child's enrollment. A parent signature. A written instructions from a child’s parent or health care provider for nutritional and dietary needs of the child including. 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. Child #12:The name and contact telephone number of the child’s health care provider. The name of the individual to be contacted in case of injury or sudden illness of the child. Child #13:The sex of the child. The name and contact telephone number of the child’s health care provider. The name, home address, city, state, zip code, and contact telephone number of each parent of the child.”

AAC R9-5-403.A. A. Within 10 calendar days of the starting date of employment or volunteer service, a licensee shall provide, and each staff member who provides child care services shall complete, training for new staff members that includes all of the following:1. Facility philosophy and goals; 2. Names and ages of and developmental expectations for enrolled children for whom the staff member will provide child care services; 3. Health needs, nutritional requirements, any known allergies, and information about adaptive devices of enrolled children for whom the staff member will provide child care services; 4. Lesson plans; 5. Child guidance and methods of discipline; 6. Hand washing techniques; 7. Diapering techniques and toileting, if assigned to diaper changing duties; 8. Food preparation, service, sanitation, and storage, if assigned to food preparation; 9. If a staff member is assigned to feeding infants, the preparation, handling, and storage of infant formula and breast milk; 10. Recognition of signs of illness and infestation; 11. Child abuse or neglect detection, prevention, and reporting; 12. Accident and emergency procedures; 13. Staff responsibilities as required by A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter; 14. Sun safety policies and procedures; 15. Safety in outdoor activity areas; 16. Transportation procedures, if applicable; and 17. Field trip procedures, if applicable.

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the 10-day new staff training for Staff #1 was incomplete.”

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 Compliance Officer #2's observation, it was determined that Staff #1 was a teacher-caregiver in the 4's classroom, but was not qualified as a teacher-caregiver because the staff file lacked documentation of 6 months of childcare experience.”

AAC R9-5-503.E. E. A licensee shall ensure that the written diaper changing procedure in subsection (D) 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 #1's observation, the 1's classroom lacked paper towels from a dispenser.”

AAC R9-5-501.C.7. C. A licensee shall ensure that a staff member: 7. Except as provided in subsection (C)(8), implements the schedule in subsection (C)(4) and lesson plan in subsection (C)(5);

“Findings: Per allegation based on staff statements and the Compliance Officers' observations, the lesson plans were not being implemented in classrooms. * 2 Staff members stated they were unaware of what was on the lesson plan for the week.”

AAC R9-5-504.3. A licensee providing child care services for 1-year-old and 2-year-old children shall:3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“Findings: Per allegation and the Compliance Officer's observations, the 1-year-old lacked accessible rubber soft balls (located on a high shelf). The 2-year-old classroom lacked puzzles, books, accessible musical instruments (located on a high shelf), and rubber/soft balls.”

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;

“Findings: Based on the Compliance Officers' observation, the health, safety, or welfare of an enrolled child was placed at risk of harm when there was a 1-year-old child in the classroom with their face covered with a blanket.”

AAC R9-5-501.A.2. A. A licensee shall ensure that: 2. Except for an enrolled school-age child, drinking water is provided sufficient for the needs of and accessible to each enrolled child in both indoor and outdoor activity areas;

“Findings: Per allegation and based on the Compliance Officer's observations, in the 1-year-old and 2-year-old classrooms, water was inaccessible to enrolled children. The water was located on a high counter in both classrooms. *Staff stated children have to ask for water. *The Compliance Officers' observed enrolled children's water in a cubby and it was inaccessible to enrolled children.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Based on the Compliance Officers' observations, in the 2-year-old classroom, the required 2:13 ratio for 2-year-old children was not maintained when a staff member left the classroom leaving the ratio at 1:13 for 2-year-old children.”

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 Compliance Officer #2's observation Staff # 1 and Staff #2 lacked documentation of a negative Mantoux skin test. The Mantoux skin test for Staff #3 was not administered on or before the starting date of employment (date of employment: 9/4/2024, date of TB test 9/7/2024).”

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 Officers' observations, it was determined that the roster in the 2's classroom did not reflect the number of children present (16 children present, 14 children listed on the roster). The roster in the 3-5's room did not reflect the number of children present (22 children present, 23 children listed on the roster).”

AAC R9-5-401.1. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:1. A facility director is 21 years of age or older and provides the licensee with documentation of one of the following: a. At least 24 months of child care experience, a high school or high school equivalency diploma, and: i. Six credit hours or more in early childhood, child development, or a closely-related field from an accredited college or university; or ii. At least 60 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field, and an additional 12 hours of instruction, provided in conferences, seminars, lectures, or workshops in the area of program administration, planning, development, or management; b. At least 18 months of child care experience and: i. An N.A.C., C.D.A., or C.C.P. credential; or ii. At least 24 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; c. At least six months of child care experience and an associate degree from an accredited college or university in early childhood, child development, or a closely-related field; or d. At least three months of child care experience and a bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field;

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that staff #3 was the facility director and was not qualified as the facility director because the staff file lacked documentation of the required experience.”

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 Compliance Officer #2's observation, Staff #1 and #4 lacked documentation of the required experience for a teacher-caregiver.”

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;

“Findings: Based on the Compliance Officer’s observation, the health, safety, and welfare of enrolled children was placed at risk of harm in the infant room when a water mat was accessible to enrolled infants.”

AAC R9-5-501.C.1. C. A licensee shall ensure that a staff member: 1. Supervises each enrolled child at all times;

“Findings: Per allegation, enrolled children were not supervised at all times. *During the inspection, Compliance Officer #1 observed an enrolled school-age child walking down the hallway to the bathroom alone and unsupervised. *Also upon entry into the 2-year-old classroom, Compliance Officer #1 witnessed children wrestling on the climber, 2 other children were pushing each other, and another child was climbing on a shelf. Teachers did not redirect the children until it was mentioned by Compliance Officer #1. *During naptime a 2-year-old child was playing with a broom while the teacher had their back turned. *Staff stated Staff #5 was caught on the phone in the classroom using inappropriate words in front of enrolled children.”

AAC R9-5-502.C.2.b. C. A licensee shall ensure that:2. A staff member providing child care services in an infant room does not: b. Place an infant to sleep using a positioning device that restricts movement, unless the infant’s health care provider has instructed otherwise in writing;

“Findings: Based on Compliance Officer #2's observation, in the Infant Room, there were 3 infants sleeping in a rocker. They were in the rockers for more than 10 minutes.”

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.

“Findings: Per allegation, due to the inconsistencies with the diaper-changing process, documentation shows children are not checked or changed from 2:30 on.”

AAC R9-5-504.4. A licensee providing child care services for 1-year-old and 2-year-old children shall: 4. Prohibit screen time in an activity area where child care services are provided to a 1-year-old child; and

“Findings: Based on Compliance Officer #2's observation, in the 1-year-old classroom screen time was provided for the enrolled children.”

AAC R9-5-510.A.2. A. A licensee shall ensure that a staff member: 2. Teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior;

“Findings: Per allegation, based on staff statements and facility documentation staff failed to teach, model, and encourage orderly conduct behavior when a staff member was aggressive with children and other staff with enrolled children present. *Staff stated Staff #5 would yell in enrolled children's faces and staff said that she heard Staff #5 tell an enrolled child "I will beat the f*** out of you" (heard it 3 times). *Staff stated Staff #5 yanked an enrolled child by the arm and Staff #5 was aggressive with children and staff. *Staff stated Staff #5 tried to fight another staff member in front of enrolled children.”

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;

“Findings: Based on the Compliance Officers' observations, in the 2's classroom, the exit that provides an escape from the building was locked during business hours.”

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 Compliance Officer #2's observation, it was determined that Staff #1 lacked documentation of 2 good faith effort references.”

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 Compliance Officer #2's observation, it was determined that Staff #1 was a teacher-caregiver in the School-Age classroom but was not qualified to be a teacher- caregiver.”

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 Officers' observations, it was determined that Staff #1 was a teacher-caregiver in the School-age classroom but was not qualified as a teacher-caregiver. Staff #1 was alone and unsupervised.”

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.

“Findings: Based on Compliance Officer #2's observation, in the School-age classroom, there was a child sleeping on the floor instead of a cot or mat as required.”

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 Officers' observations, all of the classrooms in the building lacked a roster to reflect the number of children present.”

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 facility documentation and Compliance Officer #2's observation, it was determined that 5 out of 20 enrolled children's Emergency, Information, and Immunization Record cards reviewed were incomplete and lacked the following required information: Child #1: The date of the child's enrollment, the name and phone number of 2 emergency contacts and the name and contact telephone number of the child’s health care provider. Child #2 and Child #3: The name and phone number of 1 emergency contact. Child #4: The name and contact telephone number of the child’s health care provider and the name of the individual to be contacted in case of injury or sudden illness of the child. Child #5: The contact telephone number of the child’s health care provider.”

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 Officers' observations and review of facility documentation, it was determined that the roster was not accurate in the 3's/4's classroom. There were 11 children present in the classroom but the roster reflected the presence of 12 children.”

AAC R9-5-514. D. D. 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: Based on the Compliance Officers' observations and review of facility documentation, it was determined that the evacuation map was not posted by the designated exit in the 1’s classroom.”

AAC R9-5-501.A.21. A. A licensee shall ensure that:21. Except when used as part of an activity, the following are stored in an area inaccessible to an enrolled child: a. Garden tools, such as a rake, trowel, and shovel; and b. Cleaning equipment and supplies, such as a mop and mop bucket.

“Findings: Based on the Compliance Officers' observations, it was determined that there was a vacuum in the school age classroom that was accessible to the enrolled children.”

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.

“Findings: Based on the Compliance Officers' observations, it was determined that in the 1's classroom, there were 5 cot sheets that were soiled and had brown stains.”

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

“Findings: Based on the Compliance Officers' observations, it was determined that there was an extension cord being used in the kitchen.”

AAC R9-5-501.A.18. A. A licensee shall ensure that:18. 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 the Compliance Officers' observations, it was determined that there were 2 pacifiers that lacked an identifier in the Infant classroom.”