Easter Seals Blake Foundation Palomita Children's Center

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“Findings: The Compliance Officer observed that the last fire inspection that the Director had on file was no longer current as it was dated in 2021.”

AAC R9-5-603.B. B. Except as provided in subsection (D) a licensee shall ensure that an outdoor activity area: 1. Is enclosed by a fence: a. A minimum of 4 feet high; b. Secured to the ground; and c. With either vertical or horizontal open spaces on the fence or gate that do not exceed 4.0 inches; 2. Is maintained free from hazards, such as exposed concrete footings and broken toys; and 3. Has gates that are kept closed while an enrolled child is in the outdoor activity area

“Findings: During the inspection of the outdoor activity area, Compliance Officer 2 found a blue water table tub liner, under the climber, that was cracked and broken with sharp edges accessible to children.”

AAC R9-5-516.B.3. B. If prescription or nonprescription medications are administered, a licensee shall ensure that: 3. A facility director, or a staff member designated in writing by the facility director, does not administer a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child’s parent or health care provider that includes the: a. Name of the enrolled child; b. Type of the medication; c. Prescription number, if any; d. Instructions for administration specifying the: i. Dosage and route of administration; ii. If indicated, starting and ending dates of the dosage period; and iii. Times and frequency of administration; e. Reason for the medication; and f. Date of authorization; and

“Findings: The Compliance Officer reviewed the medication form and the medication for Child 1 and observed that the prescription number on the form was different than the prescription number on the medication box; and the parent did not sign or date the medication form.”

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: A) During the inspection of the diaper changing area in room E, the Compliance Officer observed that there were four pairs of shoes in the diapering sink. The staff said that they placed them there to dry from water play. B) During the inspection of the diaper changing area in room D, the Compliance Officer observed that there were five clear containers with toys in them sitting on top of the diaper changing surface, and a pair of shoes sitting behind the diapering sink.”

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. The use of physical punishment including: a. Hitting, spanking, shaking, slapping, twisting, pulling, squeezing, or biting; b. Demanding excessive physical excercise or excessive rest; and c. Forcing a child to eat or consume soap, food, or foreign substances;

“Per allegation: Based on an interview with staff members, the Compliance Officers were told that Staff 1 self reported to the Director that she had bit a child. The child was sitting in the staff's lap on the playground and had bit the staff member on their hand. The staff member said it hurt to to the child and asked "how do you think it would feel?". Then the staff member proceeded to bite the child on the child's shoulder as the child was sitting in her lap.”

AAC R9-5-510.A.1. A. A staff member shall provide guidance to help children respond to difficult situations. To develop self-regulation, children should receive adult support that is individual to the child and adapts as the child develops internal controls. This process should include: 1. Forming a positive relationship with the child, which occurs when the adult spends time talking to the child, listening to the child, following the child’s lead, playing with the child, and responding to the child’s needs; 2. Base expectations on the child’s developmental level; 3. Establishing and being proactive in teaching and supporting children in learning simple rules; 4. Modifying the learning/play environment to support the child’s appropriate behavior; 5. Creating a predictable daily routine and schedule; 6. Modeling desired behavior; 7. Showing children positive alternatives; 8.Using deliberate redirection, the staff member should encourage the child to use appropriate behavior, and provide positive feedback when the child exhibits the behavior; 9. Individualized positive discipline strategies based on the individual needs of children, such as using a buddy system, individualized schedule, special break, or another applicable positive discipline strategy; and 10. If applicable, a licensee shall develop a written plan with the enrolled child's parent to provide individualized social and emotional intervention supports for the enrolled child that includes methods for understanding the enrolled child's behavior, and developing, adopting, and implementing a team-based positive behavior support plan.

“Per allegation: Based on interviews with staff members, the Compliance Officers were told that another staff member was observed speaking with an agitated and frustrated voice toward a child while lining up outside, against the wall, to go back into the building.”

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. The use of physical punishment including: a. Hitting, spanking, shaking, slapping, twisting, pulling, squeezing, or biting; b. Demanding excessive physical excercise or excessive rest; and c. Forcing a child to eat or consume soap, food, or foreign substances;

“Per allegation: Based on interviews with staff members, the Compliance Officers were told that another staff member was observed grabbing the arm of a child aggressively while they were lining up outside against the wall to go back into the building.”

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.

“The staff acknowledged that they did not have documentation of a current fire inspection as Compliance Officer 2 observed that the date of the last fire inspection was 01/28/2021.”

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.

“The Compliance Officer reviewed the children’s emergency cards and found the following: * Child 1 was missing a date of enrollment and the four questions on the backside of the card were not acknowledged.”

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).

“Compliance Officer 2 reviewed the personnel file for Staff 1 and observed that it was missing the following required documents: * proof of a negative TB test * documentation of child care experience * new staff training form (10 day training).”

AAC R9-5-509.C.14. C. A licensee shall ensure that:14. Each staff member is informed of a modified diet prescribed for an enrolled child by the child’s parent or health care provider, and the modified diet is posted in the kitchen and in the child’s activity area;

“The Director acknowledged that the food restrictions for Child 2 were not posted in the kitchen or the child’s classroom.”

AAC R9-5-509.C.18. C. A licensee shall ensure that:18. A staff member: a. Prepares a weekly menu at least one week in advance, b. Includes on the menu the specific foods to be served on each day, c. Dates each menu, d. Posts each menu at least one day before the first meal on the menu will be served, and e. Writes food substitutions on a posted menu no later than the morning of the day of meal service;

“The Compliance Officer reviewed the main parent posting board, located at the entrance of the facility, and observed that the menu was not current as it was dated for the previous week.”

AAC R9-5-501.C.5. C. A licensee shall ensure that a staff member:5. Except as provided in subsection (D), prepares and posts a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“* During the inspection of room A, the Compliance officer observed that the posted lesson plan was dated for the previous week (05/26-05/30). * During the inspection of room E, the Compliance Officer observed that the posted lesson plan was dated for the week of 05/19.”

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.

“Compliance Officer 2 reviewed the personnel file for Staff 1 and observed that it was missing documentation that her fingerprint clearance card was verified on the DPS website as valid (start date 03/25/2025).”

AAC R9-5-516.F. F. A licensee shall maintain documentation of all medications administered to an enrolled child.1. Documentation shall contain: a. The name of the enrolled child; b. The name and amount of medication administered and the prescription number, if any; c. The date and time the medication was administered; and d. The signature of the staff member who administered the medication to the enrolled child; and 2. A licensee shall maintain the documentation on facility premises for 12 months after the date the medication is administered.

“Compliance Officer 2 reviewed the medication form for Child 3 and observed that the form says to give the medication once a day. There was no documentation that the medication was given daily as requested.”

AAC R9-5-516.B.3. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:3. A facility director, or a staff member designated in writing by the facility director, does not administer a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child’s parent or health care provider that includes the: a. Name of the enrolled child; b. Type of the medication; c. Prescription number, if any; d. Instructions for administration specifying the: i. Dosage and route of administration; ii. If indicated, starting and ending dates of the dosage period; and iii. Times and frequency of administration; e. Reason for the medication; and f. Date of authorization; and

“Compliance Officer 2 reviewed the medication forms and medications and found the following: * The medication form for Child 3 was missing the start and end dates. * The medication form for Child 4 was missing the start and end dates; and the parent did not specify what is “as needed”.”

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.

“Compliance Officer 2 reviewed two staff files and noted that Staff 1's file did not have documentation to show that their fingerprint clearance card had been verified as being valid.”

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. A statement, signed by the enrolled child’s 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. A statement, signed by the enrolled child’s parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Compliance Officer 1 reviewed the Emergency, Information, and Immunization Record cards of ten enrolled children and noted that Child 1, Child 2 and Child 3 did not have their immunization records attached to their emergency cards that were kept in their activity area, Room D.”

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.

“Compliance Officer 2 reviewed the facility's inspection reports and noted that the fire inspection documentation that was provided, indicated that the the facility's last fire inspection was completed on 1/28/21 and therefore, was not completed within State Fire Marshal guidelines.”

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;

“Compliance officer 1 observed that the drinking water and cups were stored on counters that were not within the reach of children in Classrooms D and C.”

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

“Compliance Officer 1 noted that there were brooms accessible to children in Classroom B and Classroom D.”

AAC R9-5-516.B.3. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:3. A facility director, or a staff member designated in writing by the facility director, does not administer a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child’s parent or health care provider that includes the: a. Name of the enrolled child; b. Type of the medication; c. Prescription number, if any; d. Instructions for administration specifying the: i. Dosage and route of administration; ii. If indicated, starting and ending dates of the dosage period; and iii. Times and frequency of administration; e. Reason for the medication; and f. Date of authorization; and

“Compliance Officer 2 reviewed the medications of the facility's enrolled children, and noted that the authorization form for Child 1's medication did not list the end date of the dosage period.”

AAC R9-5-605.B.10. B. A licensee shall ensure that:10. Toilet rooms are ventilated to the outside of the building, either by a screened window open to the outside air or by an exhaust fan and duct system that is operated when the toilet room is in use;

“Compliance Officer 1 noted that the ventilation fan in the bathroom in Classroom B was not in working order.”

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).

“Compliance Officer 2 reviewed two staff files and noted that Central Registry Affidavit form that was in Staff 1's file was for another state agency, (Division of Developmental Disabilities).”