Early Steps Iv

AAC R9-5-602.A. A. A licensee shall ensure that the facility meets the following square footage requirements for indoor activity areas based on the child care services classifications: 1. At least 35 square feet of indoor activity space for each infant and 1-year-old child; 2. At least 25 square feet of indoor activity space for each child who is not an infant or 1-year-old child; and 3. When 1-year-old children are grouped together with children older than 1-year-old children in the same activity area, at least 35 square feet of indoor activity space for each child.

“Findings: Based on the Compliance Officer Supervisor's and Compliance Officer's observations, upon arrival in the two-year-old classroom, there was a 1-year-old child present.”

AAC R9-5-512.F.1. 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;

“Findings: Based on the Compliance Officer's observations, both of the Toilet rooms in the Preschool Room lacked mounted toilet tissue. *Previously cited 2/13/24 and 1/29/26.”

AAC R9-5-503.E.1. E. A licensee shall ensure that in an activity area with a diaper changing area: 1. The container required in subsection (A)(3) and (4) are inaccessible, and

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations, the soiled diaper container in the 2-year-old room was stored on the floor and was accessible to the children who were present.”

AAC R9-5-401.2. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility: 2. A facility director’s designee is 21 years of age or older and provides the licensee with documentation of one of the following: a. At least 12 months of child care experience, a high school or high school equivalency diploma, and: i. Three credit hours or more in early childhood, child development, or a closely-related field from an accredited college or university, or ii. At least 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field;b. At least 12 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 the Compliance Officer Supervisor's review of Staff files, the file for Staff #2 (The facility director designee DOE 4/2/2026) contained documentation of at least 30 hours of training but lacked documentation of a high school or high school equivalency diploma. It could not be verified that the staff met the minimum qualifications required as a facility director designee.”

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 child educator 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 if working with enrolled children five years old and younger, or three months of child care experience if working with school-aged children; 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 the Compliance Officer Supervisor's review of staff files, the file for staff #1, the toddler room child educator (DOE 4/6/2026) lacked documentation of education and it could not be verified that the staff met the minimum qualifications of a child educator. Previously Cited: 1/29/2026”

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 the Compliance Officer Supervisor's review of staff files, 2 staff files lacked the following information: *Staff #1 (DOE 4/6/2026)- The name and phone number of an emergency contact, either the staff's immunization record of the staff's immunization attestation,and 2 good-faith effort references; and *Staff #2 (DOE 4/2/2026)- The name and phone number of an emergency contact, either the staff's immunization record of the staff's immunization attestation,and 2 good-faith effort references. *Previously cited 1/29/25, 2/19/25 and 1/29/2026.”

AAC R9-5-501.A.18. A. A licensee shall ensure that: 18. 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 Officer's observations, in both Preschool Toilet rooms, there was a toilet brush next to the toilet on the floor.”

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 the Compliance Officer Supervisor's review of staff files, the files for Staff #1 (DOE 4/6/2026), Staff #2 (DOE 4/2/2026) and Staff #3 (DOE 1/12/2026) lacked documentation of the staff's DCS application submittal and DCS clearance results. *Previously cited 2/13/24, 2/19/25 and 1/29/2026.”

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

“Findings: Based on the Compliance Officer Supervisor's and Compliance Officer's observations, upon arrival, Staff #1 was observed working alone and unspervised in the two-year-old room. Based on a review of Staff #1's file, it was determined the staff was not qualified as a child-educator and requires to be supervised by a qualified staff. Previously cited 2/13/24, 2/19/25, 1/29/25 and 1/29/2026.”

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 the Compliance Officer Supervisor's review of the Child Emergency and Information cards, the following Child cards lacked information: *Child #1-the name, address, email and phone number of the second parent and the name and phone number of a second emergency contact; *Child #2--the name, address, email and phone number of the second parent and the phone number of the child's health care provider; and *Child #3-the name, address, email and phone number of the second parent and the phone number of the child's health care provider. *Previously cited 2/13/24, 1/29/25, and 1/29/2026.”

AAC R9-5-305.A. A. A licensee shall not permit an enrolled child to attend a facility until the facility receives: 1. An immunization record for the enrolled child with the information required in 9 A.A.C. 6, Article 7, documenting that the enrolled child has received all current, age-appropriate immunizations required under 9 A.A.C. 6, Article 7: a. Provided by a healthcare provider, or b. Generated from the Arizona State Immunization Information System, which is the Department’s child immunization reporting system established in A.R.S. § 36-135; or 2. An exemption affidavit for the enrolled child provided by the enrolled child’s parent that contains a statement, signed by the enrolled child's: a. Health care provider, that the immunizations required by 9 A.A.C. 6, Article 7 would endanger the enrolled child’s health or medical condition; or b. Parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on the Compliance Officer Supervisor's review of the Child files, the file for Child #2 lacked a copy of the child's immunization record. Previously cited: 1/29/2026”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that: 1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on the Compliance Officer Supervisor's review of the 3 staff files, the for Staff #1-(DOE-4/6/2026) and Staff #2 (DOE-4/2/2026) lacked a copy of the staff's completion of the required criminal history affidavit. *Previously cited 2/13/24, 1/29/25, 2/19/25, and 1/29/2026.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's review of the City of Phoenix Fire documentation, including the inspections and the Fire permit, the fire permit had expired in June 2025 and was not current. The Fire Inspection that was conducted on 1/14/2026 had 11 fire code violations cited and was not approved. The 4/6/2026 fire re-inspection had 4 fire code violations and was not approved. One of the violations on this inspection stated, "Original Fire Alarm panel from 2021 was replaced in May of 2025. No permit was pulled. Make sure the proper permits are pulled and inspected with green tags prior to re-inspection”. *Previously cited 2/13/24 and 1/29/2026.”

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 Supervisor's and the Compliance Officer's observations, the water temperature at the diapering sink in the infant room measured 121.5 degrees F. *Previously cited 2/13/24 and 1/29/2026.”

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

“Findings: Based on the Compliance Officer Supervisor and Compliance Officer's observations, upon arrival in the 2's classroom, there were 3 children present, but none of the children were listed on the roster and the roster was blank for the day.”

AAC R9-5-603.D. D. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area: 1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on the Compliance Officer's observations, the sand measured 4 of the required 6 inches at the bases of the two slides and multiple areas of the fall zone on the climbing structure.”

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 and the Compliance Officer Supervisor's observations, the Outdoor activity area had numerous weeds ranging in height from 6 inches to 3 feet tall. There were cobwebs throughout the play area and in the playhouse, and a buildup of bird feces on the top of the climbing structure. *Previously cited 2/13/24, 1/29/25 and 1/29/2026.”

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 child educator 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 if working with enrolled children five years old and younger, or three months of child care experience if working with school-aged children; 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 the Compliance Officer Supervisor's review of staff files, the file for Staff #2 (DOE 1/12/26-a child educator) lacked documentation of education of at least a high school diploma or GED and 6 months of childcare experience. It could not be verified that the staff met the minimum qualifications required of a child educator.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on the Compliance Officer Supervisor's and the Compliance Officer's observations, the City of Phoenix Fire permit had expired in June 2025 and was not current. The Fire Inspection that was conducted on 1/14/2026 had 11 fire code violations cited and was not approved. *Previously cited 2/13/24.”

AAC R9-5-306.A. A. A licensee shall: 1. Maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release, and the parent or staff member's signature or other unique identifier. 2. If an electronic signature is used to admit or release the enrolled child, adopt policies and procedures to ensure that the individual whose signature the electronic or digital method of identification represents is accountable for the use of the electronic or digital method; 3. Develop, document, and implement policies and procedures to ensure that the identity of an individual is known to the staff member or is verified with picture identification before releasing an enrolled child to the individual. 4. Not release the enrolled child to an individual other than the enrolled child’s parent or other individual designated in writing by the enrolled child’s parent except when the enrolled child’s parent is unable to collect the enrolled child and authorizes the licensee by telephone to release the enrolled child to an individual not so designated. 5. Not permit the self-admission or self-release of an enrolled child unless the enrolled child is of school-age and the licensee has obtained and verified written permission from the enrolled child’s parent. 6. Maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on the Compliance Officer Supervisor’s review of the children attendance records, the following was noted: *The record for child #5 lacked a signature or other unique identifier at the time of release on 1/6/26 and 1/27/26; and *The record for child #7 lacked a signature or other unique identifier at the time of release on 1/16/26.”

AAC R9-5-305.A. A. A licensee shall not permit an enrolled child to attend a facility until the facility receives: 1. An immunization record for the enrolled child with the information required in 9 A.A.C. 6, Article 7, documenting that the enrolled child has received all current, age-appropriate immunizations required under 9 A.A.C. 6, Article 7: a. Provided by a healthcare provider, or b. Generated from the Arizona State Immunization Information System, which is the Department’s child immunization reporting system established in A.R.S. § 36-135; or 2. An exemption affidavit for the enrolled child provided by the enrolled child’s parent that contains a statement, signed by the enrolled child's: a. Health care provider, that the immunizations required by 9 A.A.C. 6, Article 7 would endanger the enrolled child’s health or medical condition; or b. Parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on the Compliance Officer Supervisor's review of the Child files, the files for Children #5 and #6 lacked a copy of the child's immunization record.”

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 the Compliance Officer Supervisor's review of the Child Emergency and Information cards, the following Child cards lacked information: *Child #2-The name, address and phone number of the child's second parent; *Child #3- The address and phone number of the child's second parent; and *Child #4-The phone number of the second emergency contact and the phone number of the child's health care provider. *Previously cited 2/13/24 and 1/29/25.”

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: Based on the Compliance Officer Supervisor's and Compliance Officer's observations, the licensed capacity of the infant room is 5, but 6 cribs were present in the room. *Previously cited 1/29/25.”

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

“Findings: Based on the Compliance Officer Supervisor's and Compliance Officer's review of the staff attendance documentation, a review of staff files and on discussion with the Licensee/Director, the following was noted: 1) The Licensee/Director stated that Staff #2 (DOE 1/12/26) was employed as a Child Educator and worked alone in the infant room. Per review of Staff #2's file, the file lacked documentation of the minimum education and childcare experience required for a child educator. Staff #2 is required to be supervised; and 2) Staff #3 (The Director) acknowledged that they have not recorded their daily arrival and departures time. *Section 1- Previously cited 2/13/24, 2/19/25 and 1/29/25.”

AAC R9-5-203.D. D. A licensee shall ensure that each staff member submits to the licensee a copy of the staff member’s valid fingerprint clearance card each time the fingerprint clearance card is issued or renewed every five years.

“Findings: Based on the Compliance Officer Supervisor's review of staff files, the fingerprint clearance card for Staff #3 (DOE- not stated in the staff file) expired on 11/15/2025 and was not renewed until 12/11/2025.”

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 the Compliance Officer Supervisor's review of staff files, the files for Staff #1 (DOE not stated in the file) and Staff #2 (DOE 1/12/2026) lacked documentation of the staff's DCS application submittal and DCS clearance results. *Previously cited 2/13/24 and 2/19/25.”

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 the Compliance Officer Supervisor's and Compliance Officer's observations, the Toddler room lacked a posted lesson plan.”

AAC R9-5-502.A.1. A. A licensee providing child care services for infants shall: 1. Provide a wall-enclosed room for infants that provides exits required by R9-5-601(1);

“Findings: Based on the Compliance Officer Supervisor's and the Compliance Officer's observations, both of the infant room doors were open when the Compliance Officer Supervisor and the Compliance Officer arrived and there was an infant present in the room. Throughout the inspection, the doors to the room were observed to be left open, after the staff had closed the doors prior and the staff had to be told to ensure the doors to the infant room remained closed when an infant was present. One of the infant room doors leads directly to the kitchen.”

AAC R9-5-502.C.1.lk. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: k. 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 the Compliance Officer Supervisor's and the Compliance Officer's observations and on a discussion with the Director, the Director acknowledged that the written feeding instructions for Child #1 (an infant, who was present at the time of the inspection) had not been obtained. *Previously cited 2/13/24 and 1/29/25.”

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 the Compliance Officer Supervisor's and the Compliance Officer's observations, a roll of exam paper, a pen and post-it notes were stored on the diapering counter in the infant room. *Previously cited 2/13/24 and 1/29/25.”

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 Supervisor's and the Compliance Officer's observations, the water temperature at the diapering sink in the infant room measured 120 degrees F. *Previously cited 2/13/24.”

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

“Findings: Based on the Compliance Officer Supervisor's and the Compliance Officer's review of the County sanitation permit, the permit expired on 7/1/2025.”

AAC R9-5-512.F.1. 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;

“Findings: Based on the Compliance Officer Supervisor's and the Compliance Officer's observations, the paper towels were not mounted in the 2 preschool room bathrooms. *Previously cited 2/13/24.”

AAC R9-5-516.I. I. Except as specified in A.R.S. § 36-2229(B) through (D), a licensee shall ensure that a facility does not stock a supply of medications for administration to enrolled children, including: 1. Any prescription medication; or 2. A nonprescription medication such as aspirin, acetaminophen, ibuprofen, or cough syrup.

“Findings: Based on the Compliance Officer Supervisor's and the Compliance Officer's observations, the first aid kit contained various packets of stock medication (antibiotic cream).”

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 observations, the Outdoor activity area had numerous weeds ranging in height from 6 inches to 3 feet tall. *Previously cited 2/13/24 and 1/29/25.”

ARS § 36-883.02.A. A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work.

“Findings: Based on the Compliance Officer Supervisor's review of staff files and on a discussion with the Licensee/Director, the file for Staff #2 (DOE 1/12/2026) lacked a valid fingerprint clearance card. The copy of the fingerprint clearance card in the file expired on 7/1/2025. The Licensee/Director acknowledged the staff did not provide documentation of a valid fingerprint card upon employment and stated Staff #2 had only verbally stated that they had a fingerprint clearance card.”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that: 1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on the Compliance Officer Supervisor's review of the 3 staff files, the file for Staff #1 (Date of employment not stated) lacked a copy of the staff's completion of the required criminal history affidavit. *Previously cited 2/13/24, 1/29/25 and 2/19/25.”

AAC R9-5-501.B.5. B. A licensee shall ensure that a staff member: 5. For enrolled children 12-months and older, except as provided in subsection (C), prepares, posts, and implements in each indoor activity area, a current schedule of children’s age-appropriate activities, including the times the following are provided: a. Meals and snacks; b. Naps; c. Indoor activities; d. If weather and air quality permit, outdoor or large muscle development activities; e. Quiet and active activities; f. Teacher-directed activities; g. Self-directed activities; h. Activities for individuals, groups of five or fewer children, and groups of six or more children; and i. Activities that develop small muscles;

“Findings: Based on the Compliance Officer Supervisor's and the Compliance Officer's observations, the Toddler room lacked a posted activity schedule.”

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 positive discipline, including separation; 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; 17. Field trip procedures, if applicable; 18. Infant tummy time, if applicable; 19. Prevention of sudden infant death syndrome and use of safe sleeping practices, if applicable; and 20. Prevention of shaken baby syndrome, pediatric abusive head trauma, and child maltreatment.

“Findings: Based on the Compliance Officer Supervisor's review of staff files, the files for Staff #1 (DOE not stated in the file) and Staff #2 (DOE 1/12/2026) lacked documentation of the staff's completion of the new staff orientation training. **Previously cited 2/13/24, 1/29/25 and 2/19/25.”

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 the Compliance Officer Supervisor's review of the 3 staff files, the files for Staff #1 and Staff #2 lacked the following documentation: 1) Staff #1- * The staff member’s name, date of birth, home address, and telephone number; * The staff member’s starting date of employment; * The name and telephone number of an individual to be notified in case of an emergency; * The staff member’s written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis; * The form required in A.R.S. § 36-883.02(C); * Documents required by R9-5-203 (Verification of the validity of the staff's fingerprint clearance card; * Documents required by R9-5-301; and *The form required in A.R.S. § 8-804(I); and 2) Staff #2- * Documents required by R9-5-301; and *The form required in A.R.S. § 8-804(I). *Previously cited 1/29/25 and 2/19/25.”

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 the Compliance Officer's observation and on a discussion with the Director, the names of the current Director and the current Assistant Director were not posted on the parent posting board. Per the Director, the individuals listed as the Director and the Assistant Director are no longer employed at the facility.”

AAC R9-5-401.2. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility: 2. A facility director’s designee is 21 years of age or older and provides the licensee with documentation of one of the following: a. At least 12 months of child care experience, a high school or high school equivalency diploma, and: i. Three credit hours or more in early childhood, child development, or a closely-related field from an accredited college or university, or ii. At least 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field;b. At least 12 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 the Compliance Officer's review of Staff #2's file (the Assistant Director-DOE 2/24/25), the file contained documentation of the staff's high school diploma but documentation of only 21.5 of the required 30 hours of childcare training.”

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 the Compliance Officer's and the Compliance Officer Supervisor's observations, neither the Director or the Assistant Director was on site when the Compliance Officer and Compliance Officer Supervisor arrived at the facility. **Previously cited in 1/2025 and 2/2025.”

AAC R9-5-503.A.3. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:3. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled diapers; and

“Findings: Based on the Compliance Officer's observation, the diaper changing area in the Infant room lacked a soiled diaper container.”

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 the Compliance Officer's and the Compliance Officer Supervisor's observations, there were various areas of bird poop on the outside playground play structure.”

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 the Compliance Officer Supervisor's review of Staff #3's file (DOE -not stated in the file), the file lacked documentation of Staff #3's negative TB test. *Previously cited in 1/2025 and 2/2025.”

AAC R9-5-301.G. G. A licensee shall ensure that a staff member who has current training in first aid and CPR, as required by R9-5-403(E), is present: 1. At all times during hours of operation on facility premises, 2. On field trips, and 3. While transporting enrolled children in a facility’s motor vehicle or a vehicle designated by the licensee to transport enrolled children.

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations, Staff #2 and #3 were the only staff on site when the Compliance Officer and the Compliance Officer Supervisor arrived. The files for Staff #2 (DOE 2/3/25) and Staff #3 (DOE not stated in the file) lacked documentation of current First Aid and CPR and it was determined that at least one of the staff present did not have current certification in First Aid and CPR.”

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 the Compliance Officer's review of Children Information and Emergency cards, the following cards lacked information: *Child 2- The second parent's name, address and phone number; and *Child 3-The child's health care provider name and phone number.”

AAC R9-5-401.2. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:2. A facility director’s designee is 21 years of age or older and provides the licensee with documentation of one of the following: a. At least 12 months of child care experience, a high school or high school equivalency diploma, and: i. Three credit hours or more in early childhood, child development, or a closely-related field from an accredited college or university, or ii. At least 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field; b. At least 12 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 the Compliance Officer Supervisor's review of Staff #3's file and on a discussion with staff, Staff #3 stated she was an Assistant Director. Staff #3's file (DOE not stated in the file) contained documentation of a high school diploma, but contained documentation of only 6 of the 30 required hours of training in childcare.”

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 the Compliance Officer's review of the written infant feeding instructions and on a discussion with the Infant room staff, the staff stated Child 1 is eating purée and formula but the written feeding instructions did not state the amount of puree or formula or the frequency of the feedings.”

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 the Compliance Officer's observation, 2 pens and a stack of post it papers were stored on the diapering counter in the Infant room. *Previously cited in 1/2025.”

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, the water temperature of the diapering hand washing sink in the Infant room measured 118 degrees F.”

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 the Compliance Officer Supervisor's review of staff files, the following staff files lacked the following required information: *Staff #1 Date of employment; * Staff #3 Date of employment and good faith reference checks; *Staff #5 Date of employment and good faith reference checks; and * Staff #6 (DOE 8/5/24). Good faith reference checks. *Repeat deficiency cited in January 2025.”

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 the Compliance Officer Supervisor's review of staff files, the following 5 staff files lacked documentation of the staff's completion of the new staff orientation training: *Staff #1 (DOE not stated in the file); *Staff #3 (DOE not stated in the file); *Staff #4 (DOE 2/3/25); Staff #5 (DOE not stated in the file); and *Staff #6 (DOE 8/5/2024). *Repeat deficiency cited in January 2025.”

ARS § 36-882.C. C. An application for an initial license shall include:1. The form that is required pursuant to section 36-883.02, subsection C and that is completed by the applicant. 2. A copy of a valid fingerprint clearance card issued to the applicant pursuant to section 41-1758.07. 3. If the applicant's facility is located within one-fourth mile of any agricultural land, the names and addresses of the owners and lessees of the agricultural land and a copy of the agreement required pursuant to subsection D of this section.

“Findings: Based on the Compliance Officer Supervisor's review of staff files, the following staff files lacked a completed criminal history affidavit: *Staff #1 (DOE not stated in the file)-the form lacked the facility's address or license number; *Staff #2 (DOE 2/10/25) -The form lacked the facility's address or license number; *Staff #3 (DOE not stated in the file)-the form lacked the facility's address or license number; *Staff #4 (DOE 2/3/25)-The form lacked the facility's address or license number; Staff #5 (DOE not stated in the file). The file lacked a completed criminal history affidavit; and *Staff #6 (DOE 8/5/2024)- The signature on the form was cut off and could not be verified. *Repeat deficiency cited January 2025.”

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 the Compliance Officer Supervisor's review of staff files, the following 5 staff files lacked documentation of the staff's completion and submittal of the DCS clearance application submittal that is required in subsection G: *Staff #1 (DOE not stated in the file); *Staff #2 (DOE 2/10/25); *Staff #3 (DOE not stated in the file); *Staff #4 (DOE 2/3/25); Staff #5 (DOE not stated in the file).”

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 the Compliance Officer Supervisor's and the Compliance Officer's observations, and a review of Staff #1's file (DOE-not stated in the staff's file), Staff #1 was observed working in the 2-3 year old room as a teacher at the time of the inspection. A review of Staff #1's file determined the staff does not meet the qualifications of a teacher and is required to be supervised. *Repeat deficiency cited in January 2025.”

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;

“Per allegation Findings: Based on the Compliance Officer Supervisor's and the Compliance Officer's observations, a discussion with staff and a review of staff files, it was determined that the following staff who are employed as teachers do not meet the minimum qualification of a teacher: 1) Staff #1 (DOE not stated in the file) was working as a teacher in the 2-3 year old room during the inspection. The file contained documentation of the staff's GED but lacked 4 of the 6 months of required childcare experience; and 2) Staff #6 (DOE 8/5/24) is the opening staff for the 2-3 year old room. The file contained documentation of a foreign degree but lacked documentation of the education's equivalency verification and it could not be verified that the education was equivalent to at least a high school diploma. *Repeat deficiency cited in January 2025.”

AAC R9-5-203.E. E. If a staff member possesses a fingerprint clearance card that was issued before the staff member became a staff member at the facility, a licensee shall:1. Contact the Department of Public Safety before the individual becomes a staff member to determine whether the fingerprint clearance card is valid; and 2. Document this determination, including the name of the staff member, the date of contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

“Findings: Based on the Compliance Officer's review of 4 staff files, the files for the following staff lacked documentation of the licensee's contact with DPS to verify the validity of the staff's fingerprint clearance card, prior to each of the staff's respective employment date. *Staff #1- (DOE- date unknown-not stated in the staff's file); *Staff #2- (DOE- date unknown-not stated in the staff's file); *Staff #3- (DOE-8/5/2024) : and *Staff #4- (DOE- date unknown-not stated in the staff's file). *Repeat Deficiency also cited in 2/2024.”

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 the Compliance Officer's observations, Staff #2 (DOE- date unknown-not stated in the staff's file) and #4 (DOE- date unknown-not stated in the staff's file) were observed working alone in the 2-3-year-old room at different times during the inspection and lacked supervision of a qualified staff member. A review of Staff #2's and Staff #4's files indicated the files lacked documentation verifying Staff #2 and #4 met the minimum qualifications required of a teacher caregiver. *Repeat Deficiency also cited in 2/2024.”

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.

“Findings: Based on the Compliance Officer's review of the fire drill log, the log indicated that no fire drills were documented for September, October, November and December of 2024. *Repeat Deficiency also cited in 2/2024.”

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 the Compliance Officer's observations, the parent posting board lacked the following information: 1) The name of the current/qualified director; 2) The name of the current and qualified assistant director; 3) The notice of the availability of facility inspection reports for public viewing at the facility premises; and 4) The current menu (Note: the posted menu was not dated and it could not be verified if it was current.)”

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: Based on the Compliance Officer's observations, the Infant room's capacity is licensed for 5 infants but the capacity in the room was incorrectly posted as 6 and there were 6 cribs in the room.”

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 the Compliance Officer's review of 8 Child Emergency Information Cards, the card for child #1 lacked the following information: *The name, address and phone number of the child's second parent, the name and phone number of at least 2 emergency contacts and the name of the individual to be contacted first in the event of an emergency, the phone number of the child's health care provider and 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).”

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 the Compliance Officer's observation, a discussion with Staff #1 (who stated she was the director), and a review of Staff #1's file (DOE- date unknown-not stated in the staff's file), the file lacked documentation verifying that Staff #1 met the minimum qualifications required of a director.”

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 the Compliance Officer's observations, discussion with Staff, and a review of Staff files, the following was determined: 1) Staff #2 -working as the teacher in the 2-3 year-old room. (DOE- date unknown-not stated in the staff's file). The file contained documentation of a high school diploma but lacked documentation of 4 of the 6 months of required childcare experience; 2) Staff #3 (Toddler Room teacher- DOE 8/5/2024). The file contained a foreign education document that had not been verified to be equivalent to at least a high school diploma. In addition, the staff had only 5.5 of the 6 months of required childcare experience; and 3) Staff #4 -working as the teacher in the 2-3 year-old room when the CO arrived). DOE unknown- not stated in the staff's file. The file contained documentation of a high school diploma but lacked documentation of the 6 months of required childcare experience.”

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 the Compliance Officer's review of the staff files for the 4 staff who are currently employed, the files lacked the following documentation: 1)Staff #1's file- the staff's date of employment, name and phone number of an emergency contact, staff's freedom from tuberculosis, and 2 good faith reference checks; 2) Staff #2's file- the staff's date of employment, name and phone number of an emergency contact, staff's freedom from tuberculosis, and 2 good faith reference checks; 3) Staff #3's file-2 good faith reference checks; and 4) Staff #4's file- the staff's date of employment, name and phone number of an emergency contact, immunization record or immunization attestation, and 2 good faith reference checks.”

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 the Compliance Officer's review of the staff files for the 4 staff who were employed, the files for the following staff lacked documentation of the staff's completion of the new staff training that is required to be completed within 10 calendar days of the staff's employment date: *Staff #1 (DOE unknown- not stated in the file); *Staff #2 (DOE unknown- not stated in the file); *Staff #3 (DOE 8/5/24); and *Staff #4 (DOE unknown- not stated in the file). *Repeat Deficiency also cited in 2/2023 and 2/2024.”

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 Officer's observations, a ratio of 0: 3 (in the 2-3-year-olds room when the Staff #4 (initially the sole staff on-site) had to leave the classroom each time to open the front entrance door for the parents and children, as they were arriving. Later, a ratio of 1: 8 was observed in the 2-3 year old room when a 1-year-old child arrived and was placed in the room during the inspection. *Repeat Deficiency also cited in 8/2022, 2/2023 and 2/2024.”

AAC R9-5-404.C.1. C. A licensee shall ensure that:1. When there are six or more enrolled children present in a facility, the following individuals are present in the facility: a. A facility director or a director’s designee who meets the requirements in R9-5-401 for a director’s designee; and b. One additional staff member;

“Findings: Based on the Compliance Officer's observation and on a discussion with staff, neither a qualified Director nor an Assistant Director was present on-site during the inspection. When the Compliance Officer arrived, Staff #4 stated they were the only staff present and she was typically the opening staff. Per Staff #4's file, Staff #4 meets the qualifications of an assistant teacher, rather than of an Assistant Director. During the inspection, Staff #1 arrived and identified herself as the Director. Per Staff#1's file, Staff #1 does not meet the qualifications of a Director.”

AAC R9-5-404.C.3. C. A licensee shall ensure that:3. When six or more enrolled children are present in a facility, an infant is not placed for supervision with a child who is not an infant.

“Findings: Based on the Compliance Officer's observation and on a discussion with staff, staff acknowledged that 3 children who are older than 12 months and who are able to walk transition between the 2-3-year-old room to the infant room throughout the day, depending on staffing, *Repeat Deficiency also cited in 2/2024.”

AAC R9-5-404.E. E. In addition to maintaining the required staff-to-children ratios, a licensee shall ensure that:1. Staff members are present on facility premises to perform facility administration, food preparation, food service, and maintenance responsibilities; and 2. Facility maintenance does not depend on the work of enrolled children.

“Findings: Based on the Compliance Officer's observation and on a discussion with staff, the front entrance door is locked. Staff #4 was the sole staff present when the CO arrived, and Staff #4 had to leave the 2-3 classroom to open the front door for the CO, to allow the CO access to the premises. Staff #4 acknowledged she had to leave the room to open the door for the parents of the 3 children who had arrived earlier.”

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 observations, the Fire alarm panel indicated it was in "trouble mode" and the system's alarm was beeping throughout the inspection.”

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: Based on the Compliance Officer's observation, there were no drinking cups available for the children's water in the 2-3-year-old room. The jug of water in the room was stored on a high shelf, and it was inaccessible to the children who were present.”

AAC R9-5-501.A.14. A. A licensee shall ensure that: 14. Temperatures are maintained between 68° F and 82° F in each room used by enrolled children;

“Findings: Based on the Compliance Officer's observation and a discussion with staff, the temperature of the facility was 62 degrees F. Staff #1 stated the heater would not turn on and other staff stated the heat had not been working for a few days.”

AAC R9-5-501.C.9. C. A licensee shall ensure that a staff member:9. Does the following when a parent permits or asks a staff member to apply personal products on an enrolled child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, toothpaste, and baby diapering preparations: a. Obtains the enrolled child’s personal products from the enrolled child’s parent or, if the licensee provides the personal products for use by the enrolled child, obtains written approval for use of the products from the enrolled child’s parent; b. Labels the personal products with the enrolled child’s name; and c. Keeps the personal products inaccessible to enrolled children;

“Findings: Based on the Compliance Officer's observation, 2 tubes of diapering cream in the 2-3 year old room were not labeled with the child's first and last name.”

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 the Compliance Officer's review of the infant's written feeding instructions and a discussion with staff, staff stated Child #3 was eating food and formula, but the instructions lacked the types of food, the amount of food and the frequency of the feedings, and the frequency of the formula feedings. The form had not been updated since 8/21/24. *Repeat Deficiency also cited in 2/2024.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on the Compliance Officer's observation, nine plastic storage bins and stacks of papers were stored on the diaper changing table in the 1-year-old room.”

AAC R9-5-503.A.3. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:3. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled diapers; and

“Findings: Based on the Compliance Officer's observation, the diapering areas in the 1-year-old room and in the 2-3-year-old room lacked the waterproof container required for soiled diapers.”

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.

“Findings: Based on the Compliance Officer's observation, the diapering areas in the 1-year-old room and in the 2-3-year-old room lacked the waterproof container required for soiled clothing.”

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 the Compliance Officer's observations, the area rugs in the one-year-old room and the infant room had numerous brown stains on them. On the outdoor playground, there were multiple pieces of trash including cups, bags, plastic wrap, and weeds.”

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 Officer's observation, the following was observed in the outdoor activity area: 1) Sharp metal was protruding inward on a 6-foot long section at the bottom of the chain link fence that faces the alley; 2) A 6-foot-long metal post was on the ground and one end of the post had a piece of sharp, rusted metal protruding; 3)A 6-foot section of the bottom of the chain link fence that faces the alley had a horizontal gap of 6 inches; and 4) A 3-foot-long piece of metal wire was hanging down at child height level from the torn shade structure that is in the rear of the playground. *Repeat Deficiency also cited in 2/2022, 8/2022, 1/2022, 2/2023, 5/2023 and 2/2024.”

AAC R9-5-603.E. E. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area:1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on the Compliance Officer's observation, the sand measured 4 of the required 6 inches at the bases of the 2 slides.”

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 Officer's observation, two triangular wedge climbing mats were placed directly in front of the designated exit in the 2-3-year-old room. *Repeat Deficiency also cited in 2/2023 and 2/2024.”

ARS § 36-882.M. M. The licensee shall notify the department in writing within ten days of any change in the child care facility's director.

“Findings: Based on the Compliance Officer's observation and a discussion with staff, the staff stated the Director who is currently listed in the portal has not worked here in several months and stated the director who replaced her had also recently left within the last week.”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that:1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on the Compliance Officer's review of staff files, the files for the following staff lacked documentation of the staff's completion of the required criminal history affidavit: *Staff #1- (DOE- date unknown-not stated in the staff's file); *Staff #2- (DOE- date unknown-not stated in the staff's file); and *Staff #4- (DOE- date unknown-not stated in the staff's file). The staff's signature on the affidavit form in Staff #3's file (DOE 8/5/24) was cut off and it could not be verified that the staff had signed the affidavit.”

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 the Compliance Officer's observation and a discussion with staff, 3 children were present in the 2-3 year old room but the roster was blank and the staff acknowledged they had not recorded the children's attendance.”

ARS § 36-883.02.D. D. Employers of child care personnel shall make documented, good faith efforts to contact previous employers of child care personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a child care facility.

“Findings: Based on the Compliance Officer’s observations of 4 staff files, Staff #1 & Staff #3's files lacked 2 of the 2 required good faith effort references.”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that:1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on facility documentation and the Compliance Officer's observations of 4 staff files, Staff #1's file lacked a completed Criminal History Affidavit. Staff #3’s file lacked a completed Criminal History Affidavit signed by the staff. *** Previously cited 11/30/2022”

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 Officer's observation, in the Preschool room hallway area leading to the west exit door, there was a a red easel blocking the door. *** Previously cited 2/16/2023”

AAC R9-5-603.E. E. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area:1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on the Compliance Officer's observations, the playground lacked the following: * 4” of the required 6” of resilient surface (sand) in the fall zones of the yellow slide. * 2.5” of the required 6” of sand in the fall zones of the 3 swings. *** Previously cited 2/8/22, 2/16/23, & 5/4/2023”

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 Officer's observations of the outdoor activity area, the following hazards were accessible to enrolled children: * There was black plastic landscape material protruding through the sand near the climber. * There was bird feces on the left green swing. *The green Astro turf was not secured and was lifted in multiple areas. * There was a long nail on the turf. *** Previously cited 2/8/22, 8/18/22, 11/30/22, 2/16/23, & 5/4/2023”

AAC R9-5-602.A. A. A licensee shall ensure that the facility meets the following square footage requirements for indoor activity areas based on the child care services classifications:1. At least 35 square feet of indoor activity space for each infant and 1-year-old child; 2. At least 25 square feet of indoor activity space for each child who is not an infant or 1-year-old child; and 3. When 1-year-old children are grouped together with children older than 1-year-old children in the same activity area, at least 35 square feet of indoor activity space for each child.

“Findings: Based on documentation and the Compliance Officer's observation, care was provided for 10 children in the 2's room. The licensed capacity is 8.”

AAC R9-5-516.I. I. Except as specified in A.R.S. § 36-2229(B) through (D), a licensee shall ensure that a facility does not stock a supply of medications for administration to enrolled children, including:1. Any prescription medication; or 2. A nonprescription medication such as aspirin, acetaminophen, ibuprofen, or cough syrup.

“Findings: Based on the Compliance Officer's observations, the first aid kit contained Triple antibiotic ointment.”

AAC R9-5-514. A. A. A licensee shall ensure that there is a first aid kit on facility premises that contains first aid supplies in a quantity sufficient to meet the needs of the enrolled children including the following:1. Sterile bandages including: a. Adhesive bandages of assorted sizes, b. Sterile gauze pads, and c. Sterile gauze rolls; 2. Antiseptic solution or sealed antiseptic wipes; 3. A pair of scissors; 4. Adhesive tape; 5. Single-use, non-porous gloves; and 6. Reclosable plastic bags of at least one-gallon size.

“Findings: Based on the Compliance Officer's observations, the first aid kit lacked antiseptic and adhesive tape. *** Previously cited 2/8/22 & 2/16/2023”

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 the Compliance Officer's observations, the following was observed in the North toilet room: * The soap dispensers were empty. * The paper towel dispenser was empty and the paper towels were stacked on top of the back of the toilet. *** Previously cited 8/18/22, 11/30/22, 2/16/23, & 5/4/2023”

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 observations, floor coverings in the following areas were not maintained in a clean condition: Preschool room: There were discolored stains on the paint rug. Toddler room: There were discolored stains on a multi-colored rug. Infant room: There were discolored stains on a multi-colored rug. 2’s room: There were discolored stains on the blue leaf rug. *** Previously cited 8/18/22, 11/30/22, & 2/16/2023”

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 the Compliance Officer's observations, the following was not maintained in a clean condition: Infant room: There were smears on the west wall near the diaper sink. Preschool room: There was a stained blue pillow. 1’s room: There was a stained blue chair.”

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 the Compliance Officer's observation, in the 2's room, there were 2 children seated at a table watching a cartoon on a computer, with an infant and one and two-year-old children present.”

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 observations, in the Infant room, the water temperature in the diaper changing sink measured 111.7 degrees F, rather than between 86 - 110 degrees F as required. In the 2’s room, the paper towel dispenser was empty and the paper towels were stacked on top of the dispenser. *** Previously cited 2/8/2022”

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 the Compliance Officer's observation, in the Infant room, the diaper changing area was not kept clear of items not required for diaper changing and seamless and smooth. There was a sticker on the side of the surface, there were two small holes in the diaper surface, and there was a pink sponge on the left side of the diaper sink. *** Previously cited 2/8/22, 8/18/22, & 7/27/2023”

AAC R9-5-502.C.3.a. C. A licensee shall ensure that: 3. When preparing, using, or caring for an infant's feeding bottles, a staff member: a. Labels each bottle received from the parent with the infant's name;

“Findings: Based on the Compliance Officer's observation, in the Infant room, there was an unlabeled bottle with a white substance inside.”

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 the Compliance Officer's observation, the kitchen lacked posted written dietary instructions for Child #4.”

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 on facility documentation and the Compliance Officer's observation, in the Infant room, the staff lacked written feeding instructions for Child #4.”

AAC R9-5-502.A.11. A. A licensee providing child care services for infants shall: 11. Label each food container received from the parent with the infant's name.

“Findings: Based on the Compliance Officer's observation, in the Infant room, there was an unlabeled container of Similac that lacked a child's first and last name, as required.”

AAC R9-5-501.C.9. C. A licensee shall ensure that a staff member:9. Does the following when a parent permits or asks a staff member to apply personal products on an enrolled child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, toothpaste, and baby diapering preparations: a. Obtains the enrolled child’s personal products from the enrolled child’s parent or, if the licensee provides the personal products for use by the enrolled child, obtains written approval for use of the products from the enrolled child’s parent; b. Labels the personal products with the enrolled child’s name; and c. Keeps the personal products inaccessible to enrolled children;

“Findings: Based on on the Compliance Officer’s observations, the following items lacked a label of the child's first and last name as required: *There were 2 unlabeled containers of sunscreen in the first aid kit. Infant room: There was a container of Aquaphor labeled with a child’s first name and last initial. *** Previously cited 8/18/22, 2/16/23, & 7/27/2023”

AAC R9-5-404.E. E. In addition to maintaining the required staff-to-children ratios, a licensee shall ensure that:1. Staff members are present on facility premises to perform facility administration, food preparation, food service, and maintenance responsibilities; and 2. Facility maintenance does not depend on the work of enrolled children.

“Findings: Based on the Compliance Officer's (CO) observation and staff statement, Staff #1 stated they were the Director. Staff #1 was working in the 2's room maintaining the staff-to-child ratio with a second staff, and no one was present on the facility premises to perform facility administration. A staff was not available to assist the CO during the inspection.”

AAC R9-5-404.C.3. C. A licensee shall ensure that:3. When six or more enrolled children are present in a facility, an infant is not placed for supervision with a child who is not an infant.

“Findings: Based on the Compliance Officer's observation, an infant was placed in a room with children who are not infants and 6 or more children were present at the facility. In the 2's room (7 children present in the room) there was an infant seated in a car seat.”

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 Officer's observations, in the 2's room, the staff to child ratio was 1:7, with a one-year-old children present in the room, and a required ratio of 2:7. During the inspection, the staff-to-child ratio was 1:10 with one-year-old children present, and a required ratio of 2:10. *** Previously cited 8/18/22 & 2/16/2023”

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 on facility documentation and the Compliance Officer's observations, Staff #1's file lacked 3 hours of the required 18 hours of annual training from 11/2022 - 11/2023.”

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 the Compliance Officer's observations of 4 staff files, Staff #3’s (start date 10/30/2023) 10 day new staff training was incomplete. Dates were missing and there were no signatures on the bottom of the form to show the training had been completed. *** Previously cited 2/16/2023”

AAC R9-5-401.2. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:2. A facility director’s designee is 21 years of age or older and provides the licensee with documentation of one of the following: a. At least 12 months of child care experience, a high school or high school equivalency diploma, and: i. Three credit hours or more in early childhood, child development, or a closely-related field from an accredited college or university, or ii. At least 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field; b. At least 12 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 observations, Staff #2's was listed as the Director's designee. Staff #2 was not qualified as the director designee because the file lacked 5 of the required 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field. Staff #3 closes the facility and Staff #3’s file lacked 3.75 of the required 30 hours of instruction.”

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 staff statement, the Licensee lacked documentation of a violation-free fire inspection report. Staff stated they did not know where to locate the fire inspection. *** Previously cited 2/16/2023”

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 on facility documentation and the Compliance Officer's observations, it was determined that 6 out of 7 enrolled children's Emergency Information and Immunization Record Cards reviewed lacked the following required information: Child #1: The health care provider’s name and phone number, and the name of the person to contact in case of sudden injury/illness. Child #2: Date of enrollment, a second parent’s name, address and phone number, and a second emergency contact name and phone number. Child #3: The second parent’s address, a second emergency contact name and phone number, the health care provider’s name and phone number, a parent signature and date, and the name of the person to contact in case of sudden injury/illness. Child #4: 2nd parent name, address and phone number. Child #5: The child’s last name, the second parent’s name, address and phone number, the child’s date of birth (the year was missing), and the name of the person to contact in case of sudden injury/illness. Child #6: The first listed parent phone number, a second parent name, address and phone number, 2 emergency contact names and phone numbers, the health care provider phone number, and the name of the person to contact in case of sudden injury/illness. *** Previously cited 8/18/22, 11/30/22, & 2/16/2023”

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 the Compliance Officer's observation, the main posting area lacked the name of the current facility director. The name of the person listed no longer works at the facility. *** Previously cited 2/8/22 & 2/16/2023”

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.

“Findings: Based on facility documentation and staff statement, the documentation of fire and emergency evacuation drills for the past 12 months was unavailable for review. *** Previously cited 8/18/22 & 2/16/2023”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that Staff #2 was listed in writing to be the Director designee. Staff #2’s file lacked qualifications to be the designee. *** Previously cited 8/18/22 & 2/16/2023”

AAC R9-5-203.F. F. A licensee shall ensure that each staff member submits to the licensee a copy of the staff member’s valid:1. Background check document issued under A.R.S. § 46-811(A) within 10 working days after starting date of employment or volunteer service; and 2. Background check document each time a background check is issued or renewed every five years.

“Findings: Based on facility documentation and the Compliance Officer's observations of 4 staff files, Staff #1's file lacked documentation of the DCS Registry Background check submittal.”

AAC R9-5-203.E. E. If a staff member possesses a fingerprint clearance card that was issued before the staff member became a staff member at the facility, a licensee shall:1. Contact the Department of Public Safety before the individual becomes a staff member to determine whether the fingerprint clearance card is valid; and 2. Document this determination, including the name of the staff member, the date of contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

“Findings: Based on facility documentation and the Compliance Officer's observations of 4 staff files, Staff #1 & Staff #3’s fingerprint clearance cards were not determined to be valid prior to the starting date of employment. *** Previously cited 2/8/22, 8/18/22, 11/30/22, & 2/16/2023”

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

“Findings: Based on facility documentation and the Compliance Officer's observation of 4 staff files, the file for Staff #3 (start date 10/30/2023) lacked documentation of a negative Mantoux skin test. *** Previously cited 2/8/22”