D.U.S.D.#89 - Rancho Gabriela Elementary

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

“Based on facility documentation and the Compliance Officer’s observation, the facility failed to supervise enrolled children at all times when enrolled children were coming and going from the gym, going to the hall, cafe, or toilet rooms of their own volition. An enrolled child was alone and unsupervised in the cafe after all students and staff transitioned to the gym.”

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 the Compliance Officer’s observation, it was determined that Staff #1 was the facility director. Staff #1 was not qualified as the facility director because the staff file lacked documentation of 60 hours of Early Childhood Education.”

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 violation-free fire inspection report as required.”

AAC R9-5-512.D. D. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

“Findings: Based on the Compliance Officer's observation, in the outside girls' toilet room, there was a hanging baseboard located in the second stall.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the roster in the before-school program did not reflect the number of children present (1 child present, 0 children listed on the roster).”

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 8 out of 24 enrolled children's Emergency, Information, and Immunization Record cards reviewed lacked the following required information: Child #1 and Child #2: The Date of Enrollment and 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 an emergency, or if the parent can not pick up. Child #3 and Child #5: The date of enrollment. Child #4: The name, home address, and telephone number of the 2nd parent and the name and contact telephone number of the child's health care provider. Child #6: The name of the individual to be contacted in case of injury or sudden illness of the child. Child #7: The date of enrollment, the name, and the contact telephone number of the child's health care provider. Child #8: The name and the 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.”

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 facility documentation and the Compliance Officer’s observation, the Main Posting Board lacked documentation of the facility director, the designated individual who will act on behalf of the facility director when the director is not available, documentation of the fees and refund policy, and notice of the availability of facility inspection reports for public review.”

AAC R9-5-501.A.3. A. A licensee shall ensure that: 3. For enrolled infants and children five-years or younger, drinking water is available to meet the needs of each enrolled child;

“Findings: Based on the Compliance Officer’s observation, the modular classrooms (5-12's) lacked drinking water and cups for 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 facility documentation and the Compliance Officer’s observation, the staff-to-child ratio was 0:1 multiple times when enrolled children were coming and going from the gym, going to the hall, cafe, or toilet rooms of their own volition. The ratio was 0:1 when an enrolled child was left in the cafe after all students and staff transitioned to the gym.”

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 5 of 16 enrolled children’s Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #1: 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 #2: The back of the of the card lacked the signature of the parent or guardian. Child #3: The date of the child's enrollment and the back of the card lacked the signature of the parent or guardian. Child #4: The name and contact telephone number of the child's health care provider. Child #5: The date of the child's enrollment.”

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 observations, it was determined that the facility lacked a current fire inspection. Fire Inspection expired 07/19/23.”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that 1 of 6 staff files reviewed lacked the required training documentation: Staff #1: An additional 16.5 hours of annual training for the time period of 05/30/2023-05/30/2024.”

AAC R9-5-512.C. C. A licensee shall ensure that floor coverings are:1. Clean; and 2. Free from: a. Dampness, b. Odors, and c. Hazards.

“Findings: Based on the Compliance Officer's observation, the gym floor had 2 separated gaps approximately 1-inch wide and 9 ft long, the wooden gym flooring had 3-6ft cracks and the rubber seal on the blue out-of-bounds area was lifted and separated. ***Previously Cited 10/26/2023”

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

“Findings: Based on the Compliance Officer’s observations, the following hazards were accessible to enrolled children: Classroom 123 *The backsplash next to the sink and 2 cupboards below the sink lacked laminate exposing raw wood.”

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 Officers' observations, the following hazards were accessible to enrolled children: Preschool Classroom 122 *The cabinet under the sink had 2 1-inch missing pieces exposing raw wood on the doors. Den Club Classroom 403 *There were chairs stacked 10 high *There were chairs and desks stacked on top of tables and other desks Den Club Classroom 404 *There were (5) 6ft black metal cabinets not secured to the wall *There were 3 black cords dangling from behind the tv to the wall outlet *There was 1 black cord dangling from the phone to the floor”

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 the Compliance Officers' observations, in classroom 118, there was a plastic container labeled disinfectant located on a counter accessible to enrolled children.”

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 the Compliance Officers' observations, in the outdoor activity area, the following hazards were accessible to enrolled children: Preschool Playground: *There were 2 wooden step stools under the drinking fountain that were splintery and rough to touch. *There was 1 tricycle that lacked the rubber handles exposing open .5-inch metal holes.”

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 observations, in classroom 122 and in the Cafeteria, the receptacle used for water and food waste lacked a lid.”

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 #1's observation, in classroom 122, one unused outlet lacked a safety plug accessible to enrolled children.”

AAC R9-5-512.C. C. A licensee shall ensure that floor coverings are: 1. Clean; and 2. Free from: a. Dampness, b. Odors, and c. Hazards.

“Findings: Based on the Compliance Officers' observations, the gym floor had separated gaps approximately 1 inch wide and 9 ft long, the rubber seal on the blue out-of-bounds area was lifted and separated, and the wooden gym flooring had 2- 6 ft cracks.”

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

“Findings: Based on Compliance Officers' observations, in classroom 118's toilet room, the diaper container and soiled clothing container were accessible to enrolled children. In classroom 122's toilet room, the diaper container was accessible to enrolled children.”

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 #1’s observations, it was determined that 16 out of 25 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #1, Child #2 and Child #3: The date of enrollment. Child #4: The name and contact telephone number of 2nd individual 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. Child #5: The date of enrollment and the name and contact telephone number of 2nd individual 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. Child #6: The date of enrollment and parent addresses. Child #7: The parent addresses and the contact telephone number of the child's health care provider. Child #8: The date of enrollment, parent addresses and the name and contact telephone number of the child's healthcare provider. Child #9: The name, home address, city, state, zip code, and contact telephone number of 2nd parent of the child and the back of the card lacked a signature. Child #10: The parent addresses . Child #11: The date of enrollment and the name and contact telephone number of the child's healthcare provider. Child #12: The name, home address, city, state, zip code, and contact telephone number of 2nd parent of the child and the name of the individual to be contacted in case of injury or sudden illness of the child. Child #13: The name and contact telephone number of 2nd individual 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, the name and contact telephone number of the child's healthcare provider and the name of the individual to be contacted in case of injury or sudden illness of the child. Child #14 and Child #15: The date of enrollment and the back of the card lacked all information and the parent's signature. Child #16: The name of the individual to be contacted in case of injury or sudden illness of the child and the back of the card lacked all information and the parent's signature.”

AAC R9-5-306.A. A. A licensee shall maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release of the enrolled child. 1. Except as provided in subsection (A)(2), a licensee shall ensure that the attendance form is signed with at least a first initial of an individual’s first name and the individual’s last name by each enrolled child’s parent or individual designated by the enrolled child’s parent, each time the enrolled child is admitted or released. 2. An electronic fingerprint verification or an electronic signature may be used in place of a signature of the enrolled child’s parent or designated individual to admit or release the enrolled child. 3. If an electronic signature is used to admit or release the enrolled child, the licensee shall adopt policies and procedures to ensure that the individual whose signature the electronic or digital method of identification represents is accountable for the use of the electronic or digital method; 4. A licensee shall develop, document, and implement policies and procedures to ensure that the identity of an individual is known to the staff member or is verified with picture identification before releasing an enrolled child to the individual. 5. A licensee shall not release the enrolled child to an individual other than the enrolled child’s parent or other individual designated in writing by the enrolled child’s parent except when the enrolled child’s parent is unable to collect the enrolled child and authorizes the licensee by telephone to release the enrolled child to an individual not so designated. a. The licensee shall verify the telephone authorization using a means of verification that has been agreed upon between the licensee and the enrolled child’s parent at the time of enrollment. b. The licensee shall document the means of verification in subsection (A)(5)(a) on the enrolled child’s Emergency, Information, and Immunization Record card. 6. A licensee shall not permit the self-admission or self-release of an enrolled child unless the enrolled child is of school age and the licensee has obtained and verified written permission from the enrolled child’s parent. 7. A licensee shall maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on facility documentation and the Compliance Officer #1’s observations, it was determined that 2 out of 15 enrolled children's attendance forms lacked the following information: Child #17 and Child #18: An admission time and signature for 10/24/23.”