F.E.S.D.#45 - Dr. Marvene Lobato Child Care Center

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 observed in the following toilet rooms: Room 215 (3-5s): There was a wicker basket with stickers on top of a paper towel dispenser. Room 203 (1s): There were various Christmas decorations, a ball, and a stack of paper folders on top of a cabinet.”

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 Officers' observations, the following diaper areas were not kept clear of unrelated items: Room 203 (1s): There was a medication box, and a roll of plastic bags. Room 310 (1s): There was a medication box, a blood borne pathogen kit, and a pen. Room 306 (2s): There was a medication box and a mirror. Room 311 (2s): There was a medication box and a first aid kit. Room 315 (2s): There was a medication box.”

AAC R9-5-502.A.8.c. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: c. Is furnished with clean, sanitized, crib-size bedding, including a fitted sheet and top sheet or a blanket;

“Findings: Based on the Compliance Officers' observations, in the Infant room, 8 of 8 crib sheets were loose.”

AAC R9-5-302. A. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following:1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Age-appropriate discipline guidelines and methods; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; and 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services. B. A licensee shall provide a copy of the written statement of child care services: 1. To the Department: a. Before the facility receives a license, and b. Every 12 months after the date of the license as required by A.R.S. § 36-883.01; and 2. To a parent when the parent requests a copy of the written statement of child care services.

“Findings: Based on facility documentation and the Compliance Officer's observations, one program statement of services lacked the following required information: 1. Field trip requirements and procedures, 2. A description of the liability insurance that is carried by the Licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises, 3. Transportation procedures, 4.Medication administration procedures, 5.Accident and emergency procedures, 6.A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number, 7.A notice stating inspection reports are available on-site, and 8.The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises. The Preschool statement of services lacked the following required information: 1.A statement that documentation of the liability insurance coverage is available for review on the facility premises, and 2.A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services.”

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

“Findings: Based on the Compliance Officers' observations of the outdoor activity areas, the following was observed: West Playground: *There was rust on 2 yellow posts near the courtyard. *There was peeling paint on a gate near the main office. *There was rust and peeling paint on a double gate. Room 215 (3-5s) courtyard: There were 2 stained green cushions. East Playground: *There was a 6" gap between the ground and the bottom of the white wrought-iron fence along the South side of the fence. *There were exposed concrete footings on 12 posts. *There was peeling grey paint on the lower section of 1 post. *There was a large section of burr weed grass in the grass. *There was a 4" by 3" chunk of peeling paint and rust on the lower section of the fence to the West Playground. Room 315 (2s) courtyard: There was splintered and broken wood on the ratan chairs.”

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

“Findings: Based on facility documentation and the Compliance Officer's observations, it was determined that 4 out of 30 enrolled children's attendance forms reviewed lacked the following required information: Child #1: Release time and signature on 4/1/2025. Child #3 & Child #4: Release times on 3/19/2025. Child #5: Release time and signature on 3/28/2025.”

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 Officers' observations, in Room 211 (3-5s), there was a metal stand, 3 white step stools and a chair in the toilet room.”

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: Based on facility documentation and the Compliance Officer's observation, the facility lacked a medication form for Child #8 for the administration of an over-the-counter medication.”

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 facility documentation and the Compliance Officer's observations, it was determined that the Emergency, Information and Immunization Record Cards for Child #1 and Child #2 lacked an immunization record or exemption affidavit.”

AAC R9-5-504.5.d. A licensee providing child care services for 1-year-old and 2-year-old children shall:5. Ensure that: d. If a parent brings a sippy cup for the parent’s enrolled child, the sippy cup is labeled with the enrolled child’s name.

“Findings: Based on the Compliance Officer's observations, in Room 310 (1s), there was 1 unlabeled blue sippy cup and 1 red sippy cup labeled with a child’s first name only, rather than labeled with a child's first and last name as required.”

AAC R9-5-504.5.a. A licensee providing child care services for 1-year-old and 2-year-old children shall: 5. Ensure that: a. If finger food is served, the food is of a size and texture that does not present a choking hazard;

“Findings: Based on the Compliance Officer's observation, in Room 303 (1s), full grapes were served to an enrolled child. The grapes were not of a size to prevent a choking hazard.”

AAC R9-5-502.C.1.l. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: l. Obtains written, current, and dated dietary instructions from a parent or health care provider regarding the method of feeding and types of foods to be prepared or fed to an infant at the facility;

“Findings: Based on facility documentation and the Compliance Officers' observations, in Room 114 (Infants), the written feeding instructions for Child #6 and Child #7 were not current. The plans did not have feeding schedules listed.”

AAC R9-5-502.A.5.b. A. A licensee providing child care services for infants shall:5. Develop, document, and implement tummy time policies and procedures that: b. Ensure a staff member who is supervising a non-crawling infant while the infant is flat on their stomach and on the floor: i. Is within reach of the infant; ii. Does not perform any other duties while supervising the infant; iii. Does not allow the use of pillows, comforters, sheepskins, stuffed toys, or other soft products in the same floor space as the infant; and iv. Does not allow any product specified in subsection (A)(5)(b)(iii) to be within reach of the infant;

“Findings: Based on the Compliance Officers' observations, a staff member had an infant in tummy time on a soft round blanket on the floor.”

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 staff statement and the Compliance Officer's observations, in Room 203 (1s), there were 5 children present and 0 children were marked on the roster. Staff stated the roster was located outside the door.”

AAC R9-5-502.B.3. B. A licensee providing child care services for infants shall not: 3. Permit an infant to use a walker; or

“Findings: Based on the Compliance Officer's observations, in the Infant room, there were 3 walkers.”

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 Toddler room, the diaper changing sink temperature read 68° and not between 86°F- and 110°F as required.”

AAC R9-5-501.C.4. C. A licensee shall ensure that a staff member:4. Except as provided in subsection (D), prepares and posts 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. 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's observation, the Toddler room, lacked a daily schedule.”