Explorers In Learning

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 and facility documentation, the Grasshopper room lacked a posting of the licensed capacity.”

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 observations and facility documentation, the files for Staff #1(DOE: 3/16/26), Staff #3(DOE: 3/23/26), Staff #4(DOE: 6/2/25), Staff #5(DOE: 8/25/25), Staff #6(DOE: 12/15/25), and Staff #7(DOE: 4/13/26) lacked documentation of validation through DPS for their Fingerprint Clearance Card before their date of employment.”

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's observations and facility documentation, 3 of 7 staff files reviewed lacked documentation of a Centralized Background Check. The following staff were: Staff #1 (DOE:3/16/26), Staff #2 (DOE:8/25/25), and Staff #3 (DOE:3/23/26).”

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 observations, in the Grasshoppers and Bumblebees rooms, the caulking around the diapering-area sink was separating from the wall in several areas, making it no longer sanitizable.”

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 observation and facility documentation, the Criminal History Affidavits for the following staff were incomplete: * Staff #3(DOE: 3/23/26) did not answer question #2. * Staff #5(DOE: 8/25/25) did not answer question #3a.”

AAC R9-5-203.G. G. As required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on the Compliance Officer's observations and facility documentation, the Centralized Background Checks in the files for Staff #4 (DOE: 6/2/25), Staff #6 (DOE: 12/15/25), and Staff #7 (DOE: 4/13/26) were submitted after their dates of employment.”

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 observations and facility documentation, the files for Staff #1 and Staff #3 lacked documentation of good-faith efforts to contact two previous employers.”

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

“Findings: Based on the Compliance Officer's observations, the following restrooms were not maintained in a clean condition: * In Butterflies and Caterpillars restrooms, the caulking around the base of the toilets was brown and was disintegrating. * In the Fireflies restroom, there was an unflushed toilet.”

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, there was 1 toilet in the Caterpillars restroom that was not flushing, and there was 1 loose faucet in the Firefly restroom.”

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, the water from the diaper changing sink in the Dragonfly room was 120 degrees.”

AAC R9-5-502.A.8.b. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: b. Has a commercially waterproofed mattress; and

“Findings: Based on the Compliance Officer’s observations, 7 of 7 mattresses reviewed in Infants 2 room were cracked, making them no longer commercially waterproof.”

AAC R9-5-501.A.19. A. A licensee shall ensure that:19. Except as provided in subsection (A)(20), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“Findings: Based on the Compliance Officer’s observations, there was a plunger accessible to children in the restroom of the Butterfly room.”

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 observations, drinking water was not accessible to enrolled children in the Lady Bugs room.”

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.

“Findings: Based on the Compliance Officer's observations and facility documentation, 2 of the 30 Emergency Information and Immunization record cards reviewed lacked an attached immunization record for Child #1 and Child #2.”

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 observation, the First aid kit lacked the required rolls of gauze.”

AAC R9-5-516.B.1. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:1. A facility director, or a staff member designated in writing by the facility director, is responsible for the administration of all medications in the facility, including storing, supervising an enrolled child’s ingestion of a medication, and documenting all medications administered to an enrolled child;

“Findings: Based on the Compliance Officer's discussion with the Director regarding the required written chain of command for the staff member who is responsible for the administration of all medications in the facility, including storing and the supervising an enrolled child’s ingestion of a medication, the Director acknowledged there was not a written chain of command. The Director further acknowledged that teachers in the rooms would administer that room's medications.”

AAC R9-5-516.G. G. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment

“Findings: Based on the Compliance Officer's review of the medications, a tube of Teething gel had expired in April 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 the Compliance Officer's review of Staff #1's file (DOE 11/27/2006), the file lacked documentation of any of the required 18 hours of annual training for the period of 11/27/22 through 11/27/23.”

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 and on a discussion with staff, the infant feeding instructions in Infant rooms A and B were not posted. Instead, the staff acknowledged they were stored in a binder that was placed on a shelf inside of a cabinet in each of the rooms.”

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 observations and on a discussion with the Director, the following was noted regarding the diapering areas: 1) The diapering tables in Infant Rooms A and B, the Lady bugs room, the Bumblebee room and the Grasshoppers rooms had a circular cut out hole in the center of the diapering counters and the surface was not seamless. The Director stated the hole had been used to insert the soiled diapering into the container that is in the cabinet that was below the hole. Strips of blue painters tape were covering these holes. These areas are not sanitizable or waterproof; and 2) A wicker basket was stored on the diapering counter in the Bumblebee room.”

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 soiled clothing container in the Caterpillar room was not equipped with a liner and a lid and soiled clothes were in the 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 observations, the following items were found stored on the floor in the bathrooms and the items were accessible to children. Due to reasons of sanitation, items can not be stored on a bathroom floor and can not be accessible to children. *Caterpillar room- a laundry basket of soiled laundry; and *Grasshopper room- 2 laundry baskets and a bag of potting soil.”

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 observations, the following personal products were not labeled with the child’s first and last name: *Infant room B- 3 containers of diapering wipes and 3 tubes of diapering cream; *Grasshopper room (2 yr old room)- 2 containers of diapering wipes and 4 tubes of diapering cream; *Lady bug room (1 yr old) -1 tube of diapering cream and 1 container of diapering wipes; and *Caterpillar room (2-3 year old room)- 1 tube of diapering cream and 6 containers of diapering wipes.”

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 observations, 3 containers of an infant’s food in Infant room A were not labeled with the infant’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 infants' written feeding instructions and on a discussion with the infant room staff, 7 of the infant's written feeding instructions had not been updated and/or lacked required information: *Child 1-Staff stated the infant was eating puréed food but only the instructions for the formula was listed. The amount, types of puree or frequency of purée feeding was not filled out; *Child 2- Staff stated the infant was eating food but the feeding instructions only listed the schedule for the formula feedings. The information on the form indicated it had not been updated since 7/19/23; *Child 3- Staff stated the child was eating food but the form lacked the types of food, amounts of the food and the frequency of the feedings. The information on the form indicated it had not been updated since 5/2023; *Child 4- Staff stated the infant was eating puréed food but only the instructions for the formula feedings were listed. The information on the form indicated it had not been updated since 8/2023; and *Children 5, 6, and 7- The infants were drinking breast milk but the 3 forms lacked the amount of breastmilk and the frequency of the breast milk feedings.”

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;

“Findings: Based on the Compliance Officers’ observation and review of facility documentation, it was determined that the menu posted for March did not specify the kind of fruit cocktail that was being served.”

AAC R9-5-508.G. G. In addition to the required daily servings of food stated in subsection (C), a licensee:1. Shall make second servings of food available to each enrolled child at meals and at snack time, 2. May substitute a food that is equivalent to a specific food component if second servings of the specific food component are not available, and 3. Shall ensure that a food substitution in subsection (G)(2) is written on the posted weekly menu by the end of the meal or snack service.

“Per allegation findings: Based on the Compliance Officers’ observations, interview with facility staff and review of facility documentation, it was determined that: 1.Food substitution is not indicated on the menu posted whenever there is a change in the menu. 2.Staff stated that sometimes the catering company does not bring enough food for the children to have second servings and there is no food at the facility to serve as an equivalent substitution.”

AAC R9-5-508.A. A. A licensee shall:1. Make breakfast available to an enrolled child who is present at a facility before 8:00 a.m., 2. Serve lunch to an enrolled child who is present at a facility between 11:00 a.m. through 1:00 p.m., and 3. Serve dinner to an enrolled child who is present from 5:00 p.m. through 7:00 p.m. and who will remain at the facility after 7:00 p.m.

“Per allegation findings: Based on the Compliance Officers’ observations, interview with facility staff and review of facility documentation , it was determined that the facility was not following the required meal pattern requirement. Staff stated that the morning snack was served from 7:00am-8:00am, in which case the facility would need to provide breakfast with 3 food components.”

AAC R9-5-502.A.8.a. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: a. Has bars or openings spaced no more than 2-3/8 inches apart and a crib mattress measured to fit not more than 1/2 inch from the crib side;

“Findings: Based on the Compliance Officers’ observations, it was determined that there were 3 enrolled infants asleep on cots in the older Infant classroom.”

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 Officers’ observations, interview with staff and review of facility documentation it was determined that the file for Staff #1 (start date:2/1/2023) lacked documentation of education to qualify the staff a teacher caregiver.”

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.

“Per allegation findings: Based on the Compliance Officers’ observations and review of facility documentation it was determined that a fire drill was not conducted for May 2023, July 2023, August 2023, September 2023, October 2023, November 2023, December 2023 and February 2024.”

AAC R9-5-502.C.4.g. C. A licensee shall ensure that: 4. When feeding an infant, a staff member: g. Holds and feeds an infant under 6 months of age and an infant older than 6 months of age who cannot hold a bottle for feeding; and

“Findings: Based on the Compliance Officers’ observations, it was determined that there was an enrolled infant in a bouncy seat with a bottle in the younger Infant classroom.”