Giggle and Grow Preschool & Child Care

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

“Findings: Based on facility documentation and the Compliance Officer's observations, it was determined that the facility lacked a current fire inspection.”

AAC R9-5-305.C. C. A licensee shall attach an enrolled child’s written immunization record or exemption affidavit, required in subsection(A), to the enrolled child’s Emergency, Information, and Immunization Record, required in R9-5 304(B).

“Findings: Based on the facility's documentation and the Compliance Officer's review of the child emergency information and immunization record cards, it was determined that Child #1, Child #2, Child #3, Child #4 and Child #5 all lacked immunization records as required.”

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 observations, it was determined that 4 bottles in the infant room lacked child's first and last name.”

AAC R9-5-509.C.21. C. A licensee shall ensure that: 21. A refrigerator at the child care facility maintains a temperature of 41° F or below and a freezer maintains a temperature of 0° F or below, as shown by a thermometer kept in the refrigerator and in the freezer at all times;

“Findings: Based on the Compliance Officer's observations, the facility lacked a thermometer in the following areas: -Pre-K Classroom freezer. -Infant Classroom refrigerator. -Kitchen Room refrigerator.”

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 areas were not maintained in a clean condition: -Kitchen Room: Refrigerator had a build up of white dried liquid throughout the inside of it. -Pre-K Classroom: Space between the window and shelf contained several papers, a large blue blanket and assorted toys as well as accumulated dust. -Infant Room: The fish tank had green slimy residue along the interior and murky water.”

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 observations, it was determined that the facility lacked a written authorization form for Child #6's prescription medication.”

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, on the Pre-k outdoor play area there was a red bike that had a broken handle and a blue toy truck missing two front wheels.”

AAC R9-5-203.G. G. If 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 Officers' observations and facility documentation, the file for Staff #1 lacked documentation of the Direct Central Registry Background check.”

AAC R9-5-510.A.2. A. A licensee shall ensure that a staff member: 2. Teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior;

“Per Allegation Findings: Based on received documentation, Staff #1 failed to teach, model, and encourage orderly conduct when Staff #1 grabbed a child by their arms, picked them up, and placed them in a sitting position next to them, saying, "You are going to stay right there." During nap time, Staff #1 said in a stern voice to a child, "Lay down now," and pushed the child's head down into the cot, making the child cry.”

AAC R9-5-510.B.2. B. A licensee shall ensure that a staff member does not use or permit: 2. Corporal punishment;

“Per Allegation Findings: Based on received documentation, Staff #1 used corporal punishment when they forcibly lifted a child's arms, putting them in a flat position, and then physically put (the child's) head down. Staff #1 pushed the child's head down into the cot when the child tried to get up. The incident occurred multiple times when the child would attempt to lift up from their cot, and during that time, the teacher patted the child's back harshly.”

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;

“Per Allegation Findings: Based on received documentation, the health, safety, and welfare of enrolled children was placed at risk of harm. The documentation stated, "1. During free play at 9:36AM in the Caterpillar Room, after a child attempted to bite another, the teacher [Staff #1] grabbed the child by [their] arms, picked [them] up, and placed [them] in a sitting position next to [Staff #1]. After this, the teacher said to the child, “You are going to stay right there.” The child then remained next to the teacher until the teacher invited the child to play with empty cans and water bottles at the table for a whole group activity. 2. At approximately 11:46AM in the Caterpillar Room, as a child sat up in [their] cot during naptime, the teacher [Staff #1] sat next to the child and forcibly lifted [their] arms, putting [them] in a flat position, and put [their] head down. When the child attempted to sit up from [their] cot again, the teacher said in a stern voice, “Lay down now, [Child’s Name],” and pushed the child’s head down into the cot, which made the child cry. This incident occurred five to six more times when the child would attempt to lift up from [their] cot and the teacher would force [their] head back down. Throughout this time, the child cried, and the teacher patted [their] back harshly. After five minutes of the child crying, [they] eventually remained with [their] head down on the cot. "”

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, the ratio in the Infant room was 1:6 instead of 2:6 as required.”

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 Officers' observations, a staff member was not present at the facility to perform facility administration duties. The Facility director arrived after the inspection had begun. Previously cited: 1/8/25”

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

“Findings: Based on the Compliance Officer's observations, the following hazards were accessible to enrolled children: *Main Room: Peeling paint all along the East wall above the toy bin *Grasshoppers Room: The wall has a vertical crack next to the entry door, and there are areas of exposed drywall throughout the room. The white handwashing sink was loose. *Butterfly Room: There was peeling paint with exposed drywall on the West wall.”

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, the following items were accessible to enrolled children: *Butterfly Room: There was a plunger in the restroom next to the toilet. *Grasshopper Room: There was a vacuum next to the blue sensory table.”

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 and facility documentation, Staff #2 was not qualified as a teacher-caregiver. The foreign education documentation in the staff file was not evaluated as a minimum of a high school diploma in the United States, and there lacked documentation of child care experience.”

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's observations and facility documentation, 1 of 4 staff files reviewed lacked the following: *Staff #1(DOE: 04/01/25): The TB test in the staff file was not administered within 12 months of their date 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 file for Staff #1 lacked the following documentation (Staff previously employed): *Staff member's new starting date of employment. (Date verbally provided by Staff #1) *10-day training for new staff members. *Current Criminal History Affidavit *Current DCS Background Check”

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 following climbing equipment in the Toddler playground lacked shock-absorbing material: *Blue car, green tubed car, yellow tubed structure, orange circle tub, red slide play structure”

AAC R9-5-605.B.6. B. A licensee shall ensure that: 6. Except for a room used only for an enrolled school-age child, each unused electrical outlet is covered with a safety plug cover or insert;

“Findings: Based on the Compliance Officer's observations, there were 3 uncovered outlets in the Grasshopper room accessible to enrolled children.”

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 observations and facility documentation, the file for Staff #1 lacked a Criminal History Affidavit.”

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 Officers' observations and facility documentation, the licensee lacked documentation of fire drills conducted from January 2024 to March 2025.”

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 the 10 mattresses reviewed were cracked at the corners, causing them to no longer be commercially waterproof.”

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 observations and facility documentation, the kitchen lacked current written feeding instructions for all Infants enrolled.”

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 observations, 18 infant feeding bottles in the refrigerator lacked a name.”

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 areas were not maintained in a clean condition: *Main Room: The railing on the long toy bin had a buildup of dark substance. *Grasshopper Room: There were dark liquid stains on the wall behind the classroom handwashing sink.”

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, the following floor coverings were not maintained in a clean condition: *Caterpillar Room: There was a buildup of debris along the corners of the floor. *Grasshopper Room: The door footings of all exit doors had a buildup of brown and black debris.”

AAC R9-5-605.B.5. B. A licensee shall ensure that: 5. Electrical extension cords are not used;

“Findings: Based on the Compliance Officer's observations, in the Butterfly room, there was an extension cord with light bulbs connected in the child restroom.”

AAC R9-5-503.E. E. A licensee shall ensure that the written diaper changing procedure in subsection (D) states that an enrolled child’s diaper is changed as soon as it is soiled, and that a staff member, when diapering:1. Uses a separate washcloth and towel only once for each enrolled child; 2. Washes and dries the enrolled child using the enrolled child’s individual personal products labeled with the enrolled child’s name; 3. Uses single-use non-porous gloves; 4. Washes the staff member’s own hands with soap and running water between 86° F and 110° F before and after each diaper change; 5. Washes each enrolled child’s hands with soap and running water between 86° F and 110° F after each diaper change; 6. Cleans, sanitizes, and dries the diaper changing surface following each diaper change; and 7. Uses single-use paper towels from a dispenser to dry the diaper changing surface or the hands of the enrolled child or staff member.

“Per Allegation Findings: Based on facility documentation, children's diapers were not changed as soon as they were soiled, when an infant was present at the facility for 5 hours and 43 minutes and only received one diaper change.”

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 Officers' observations, a staff member was not present at the facility to perform facility administration.”

AAC R9-5-511.A. A. A licensee shall provide each enrolled child who naps or sleeps at the facility with a separate cot or mat or a crib that meets the requirements of R9-5-502(A)(8) and ensure that:1. A cot, mat, or crib used by the enrolled child accommodates the enrolled child’s height and weight; 2. A staff member covers each cot, crib mattress, or mat with a clean sheet that is laundered when soiled, or at least once every seven days and before use by a different enrolled child; 3. A clean blanket or sheet is available for each enrolled child; 4. A rug, carpet, blanket, or towel is not used as a mat; and 5. Each cot, mat, or crib is maintained in a clean and repaired condition.

“Findings: Based on the Compliance Officers' observations, 2 cots in the 2's/3's room and 1 cot in the 3's/4's room lacked sheet covers.”

AAC R9-5-601.4. A licensee shall comply with the following physical plant requirements:4. Except as provided in subsection (5), when providing child care services for infants or children who require diapering, a diaper changing area that meets the requirements in R9-5-503 is available in each infant room or indoor activity area used by an enrolled infant or child who wears diapers or disposable training pants;

“Per Allegation Findings: Based on staff interviews, care is provided to children who require diapering in an activity area that is not approved for diapering. Staff stated that children who use diapers are cared for during nap time in the 3's/4's room which is not approved for diapering and lacks a diaper-changing area.”

AAC R9-5-605.B.5. B. A licensee shall ensure that: 5. Electrical extension cords are not used;

“Findings: Based on the Compliance Officer Supervisor's observation, an extension cord was strung from inside the laundry room and tacked around the kitchen's door frame to the laundry room.”

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 Supervisor's observation, the following designated exits were locked or blocked during the hours of operation: *The hallway playground door was locked; *The Grasshoppers East exit door was covered and blocked by black curtains and a stack of 19 nap cots.”

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 staff interview and the Compliance Officer Supervisor's observation, care was provided for a 1-year-old child in the Infant Room when there were more than five children present in the facility. Staff stated they had to combine the 1-year-old child with the infants due to staffing and the ages of children present in the facility that morning.”

AAC R9-5-511.A. A. A licensee shall provide each enrolled child who naps or sleeps at the facility with a separate cot or mat or a crib that meets the requirements of R9-5-502(A)(8) and ensure that:1. A cot, mat, or crib used by the enrolled child accommodates the enrolled child’s height and weight; 2. A staff member covers each cot, crib mattress, or mat with a clean sheet that is laundered when soiled, or at least once every seven days and before use by a different enrolled child; 3. A clean blanket or sheet is available for each enrolled child; 4. A rug, carpet, blanket, or towel is not used as a mat; and 5. Each cot, mat, or crib is maintained in a clean and repaired condition.

“Findings: Based on the Compliance Officer Supervisor's observation, an infant was sleeping in a bouncer chair rather than in a crib as required.”

AAC R9-5-508.C. C. If a licensee provides food, a licensee shall prepare and serve food according to the meal pattern requirements found in Table 5.1, "Meal Pattern Requirements for Children."

“Findings: Based on the Compliance Officer Supervisor's observation, breakfast served to children on 12/23/2024 did not meet the meal pattern requirements of three components. The children were served cheerios and milk, lacking a vegetable or fruit component.”

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 facility documentation and the Compliance Officer Supervisor's observation, the 12/23/2024 breakfast menu documented that milk and fruit smoothies were to be served, however, the children were served cheerios and milk. The meal substitution was not documented on the menu.”

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 Supervisor's observation, items unrelated to toileting were stored in restrooms as follows: Butterflies: There were multiple empty storage containers, stools, bags, a wooden and felt storage shelf, and two upper shelves filled with containers and soft items. Grasshoppers: There were two storage cabinets of materials and equipment, and a garbage bag filled with soft items.”

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 observation, there was a rag located on the Infant Room's diaper changing sink ledge.”

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

“Findings: Based on facility documentation, staff interview, and the Compliance Officer Supervisor's observation, the roster in the Butterflies Room (2s) did not reflect the number of children present in the activity area. The roster documented four children, however there were six children present in the activity area. Staff stated they had children from two different rooms combined and the app signed them out of one of the rooms, causing the roster to be inaccurate.”

AAC R9-5-505. A licensee providing child care services for 3-year-old, 4-year-old, and 5-year-old children shall provide a supply of age appropriate toys, materials, and equipment accessible to enrolled children in each activity area in a quantity sufficient to meet the needs of the enrolled children in attendance including:1. Art supplies, 2. Blocks, 3. Books and posters, 4. Toys and dress-up clothes, 5. Indoor and outdoor equipment to enhance large muscle development, 6. Puzzles and toys to enhance manipulative and categorization skills, 7. Science materials, and 8. Musical instruments.

“Per Allegation Findings: Based on the Compliance Officers' observations, the 3's/4's classroom lacked puzzles, science materials, and musical instruments to be made accessible to enrolled children.”

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 Compliance Officer #1's observations and facility documentation, 6 children were present in the 1's room and the roster reflected 5 children present.”

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 Compliance Officers #1's observation, the following areas were not maintained in a clean condition: In the Caterpillar 1 classroom, there was dried food waste on the lid of the receptacle. In the Grasshopper classroom's toilet room, there were dried greyish-brown vertical streaks running down the wall under the light switch.”

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 Compliance Officer #1's observation, in the Grasshopper classroom's toilet room, there was a greyish-brown stain on the floor around the base of the toilet and there was yellowish-grey film in the sink.”

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 Compliance Officer #1's observation, the Bumble Bee classroom's diaper changing area lacked single-use paper towels in the dispenser and there were splatters of paint along the sides of hand-washing sink.”

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 Compliance Officer #1's observation, in the Bumble Bee 2's toilet room, a toilet plunger was on the counter and accessible to enrolled children.”

AAC R9-5-501.A.13. A. A licensee shall ensure that:13. Toys and play equipment, required in this Article, are maintained: a. Free from hazards, and b. In a condition that allows the toy or play equipment to be used for the original purpose of the toy or play equipment;

“Findings: Based on the Compliance Officers' observations, in the Grasshopper classroom, the flooring separated away from the plastic base of the doll house, making it unstable”

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

“Findings: Based on Compliance Officer #1's observation, the following hazards were accessible to enrolled children: In the Caterpillar 1 classroom, there was warped varnish with exposed particle board on the shelf of the kitchen set. In the Grasshopper classroom, there was a 15 X 2-inch strip of laminate missing and a 2 inch strip of laminate separating away from the bottom of the cabinet door.”

AAC R9-5-403.C. C. A licensee shall ensure that documentation of a staff member's completion of training required by subsection (A) is signed by the facility director and dated.

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the 10-day training document for Staff #1 (start date 03/11/2024) lacked the director's signature.”

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 facility documentation and Compliance Officer #2's observation, it was determined that the file for Staff #1 (start date 03/11/2024) lacked documentation of 2 good faith efforts to contact professional references.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that 4 out of 20 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #1: The name of the individual to be contacted first in case of injury or sudden illness. Child #2: The name of the individual to be contacted first in case of injury or sudden illness. The name and phone number of the health care provider. Child #3: The name, address, and phone number of the second parent. Child #4: The name and phone number of the health care provider.”

AAC R9-5-504.3. A licensee providing child care services for 1-year-old and 2-year-old children shall:3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“Findings: Based on the Compliance Officers' observations, upon entering the Caterpillar 1 classroom and Bumble Bee classroom the toy shelves lacked age-appropriate toys and materials in sufficient quantity that would meet the needs of the children in attendance. There were 6 enrolled children present in the Caterpillar 1 classroom and they had an assortment of cars available to them. There were 8 enrolled children present in the Bumble Bee classroom and there were 4 manipulatives available to them.”

AAC R9-5-505. A licensee providing child care services for 3-year-old, 4-year-old, and 5-year-old children shall provide a supply of age appropriate toys, materials, and equipment accessible to enrolled children in each activity area in a quantity sufficient to meet the needs of the enrolled children in attendance including:1. Art supplies, 2. Blocks, 3. Books and posters, 4. Toys and dress-up clothes, 5. Indoor and outdoor equipment to enhance large muscle development, 6. Puzzles and toys to enhance manipulative and categorization skills, 7. Science materials, and 8. Musical instruments.

“Findings: Based on staff statements and the Compliance Officers' observations, upon entering the Grasshopper classroom, the toy shelves lacked age-appropriate toys and materials in sufficient quantity that are accessible to the 13 enrolled children in attendance. The kitchen center had 4 fabric storage bins with a mixture of puzzle pieces, 1 block, 1 action figure, and 4 dolls. Staff stated that toys and materials are stored away in cabinets or in unoccupied classrooms.”

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 Compliance Officer #1's observation, the outdoor activity area Play area B, lacked the following unitary surfacing material: There were three 6" X 3" holes by the small blue slide. There was an 8" X 4" hole next to the stairs of the play structure. There was a 14" hole underneath the stairs of the play structure. When stepped on, the area under the fall zone for the large blue slide felt hard like concrete.”

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 Compliance Officer #1's observation, in the outdoor activity area, the following hazards were accessible to enrolled children: Play area A (younger children): There was an 11-inch split with a half-inch gap with exposed rough edges on the red cylinder of the train climbing toy. There was chipped paint with exposed rusted metal on the seat and arches of the train climbing toy. There was chipped paint with exposed rusted metal on the arches of the red tube climbing toy. Play area B (older children): There was a broken plastic steering wheel with exposed rough plastic edges on the red metal car. There were weeds growing in the gap between the turf and resilient surfacing along the east and west fence line.”

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 Compliance Officer #2's observation, it was determined that the medication authorization form for child #5 lacked the prescription number for the medication.”

AAC R9-5-512.F. F. A licensee shall ensure that:1. Each toilet room in a facility contains, within easy reach of enrolled children: a. Mounted toilet tissue; and b. Except as provided in subsection (G): i. A sink with running water; ii. Soap contained in a dispenser; and iii. Disposable, single-use paper towels in a mounted dispenser, or a mechanical air hand dryer; 2. Staff members wash their hands with soap and running water after toileting; 3. An enrolled child’s hands are washed with soap and running water after toileting; 4. Except for a cup or receptacle used only for water, food waste is stored in a covered container and the container is clean and lined with a plastic bag; 5. Food waste and other refuse is removed from the facility building at least once every 24 hours or more often as necessary to maintain a clean condition and avoid odors; 6. A staff member or an enrolled child does not draw water for human consumption from a toilet room handwashing sink; 7. Toys, materials, and equipment are maintained in a clean condition; 8. Plumbing fixtures are maintained in a clean and working condition; and 9. Chipped or cracked sinks and toilets are replaced or repaired.

“Findings: Based on Compliance Officer #1's observation, in the Caterpillar 1 classroom there was food waste in an uncovered container. The Bumble Bee classroom's toilet room, lacked single-use paper towels in the dispenser and there were 2 plastic bins with decorations and 2 plastic baskets with materials on a shelf. There was a buildup of a white, crusty matter along the walls of the sink next to the prep counter. In the Grasshopper classroom there was white substance, and colored spots in the basin and along the walls of the sink.”

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 facility documentation and Compliance Officer #2's observation, it was determined that the health, safety, and welfare of enrolled children was placed at risk of harm when the licensee failed to maintain a staffing report as required.”