Growing Gardens Early Learning Center and Childcare

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, the diaper changing surface in the Two's Room had a piece of blue string attached, making the area no longer sanitizable.”

AAC R9-5-505.A. A. 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 the Compliance Officer's observations, the Four's - Five's Room lacked sufficient age-appropriate materials like musical instruments, books, blocks, science, and musical instruments accessible to children in each activity area.”

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 the Compliance Officer's observations and the review of the facility documentation, children's medication consent forms lacked the following: *Child #8: Specific time for the non-prescription medication to be administered. *Child #9: Starting and ending dates of the dosage period, times, and frequency of administration for the prescription medication. *Child #10: Dosage and route of administration, the starting and ending dates of the dosage period, and the times and frequency of administration for the prescription medication. *Child #11: The prescription number on the form did not match the prescription number on the medication box. *Child #12: Lacked a medication consent form for the non-prescription medication.”

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 the review of the facility documentation, the files for Staff #2 (DOE: 08.05.24) and Staff #3 (DOE: 05.05.25) lacked documentation of DPS verification to verify the staff members' fingerprint clearance cards were valid.”

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 the review of the facility documentation, the files for Staff #1 (DOE: 04.29.24), Staff #2 (DOE: 08.05.24), and Staff #3 (DOE: 05.05.25) lacked Central Registry background check results.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete an Emergency, Information, and Immunization Record that is no more than a two-page written notice, and is signed by the enrolled child’s parent containing: 1. The child’s name, home address, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, email address, and telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for the nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(14); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on the Compliance Officer's observations and the review of the facility documentation, seven out of 10 Emergency Contact cards reviewed lacked the following required information: *Child #1 and Child #6: The name and contact telephone number of the child’s health care provider. *Child #2: The name and telephone number of at least two individuals authorized to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted. *Child #3, Child #4, Child #5, and Child #7: The second page of the card was not complete. *Child #7: Lacked the child's last name. **Previously cited on 02.21.25”

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 the enrolled children: *Three's Room: There was an Alexa electrical cord hanging from a shelf accessible to children. *Four's & Five's Room: There was an Alexa electrical cord and a pencil sharpener electrical cord hanging from a shelf accessible to children. *Hallway Restrooms: There were patches of untreated drywall accessible to 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 Officer's observations, the books in the Four's - Five's Room were not maintained in a good, and repaired condition; several pages of books were ripped or had missing parts.”

AAC R9-5-501.A.18. A. A licensee shall ensure that: 18. Except as provided in subsection (A)(20), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“Findings: Based on the Compliance Officer's observations, the following materials and chemicals labeled as toxic or flammable substances, and a toilet brush were accessible to children: *Four's - Five's (Main Room): There was a whiteboard cleaner and a multipurpose solution accessible to children. *Four's - Five's Room: There was a fragrance mist at the children's level. *Hallway Restroom (Left side): There was a toilet brush and a body hair mist accessible to children. *Previously cited on 02.21.25”

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

“Findings: Based on the Compliance Officer's observations, the following hazards were accessible to children in the Outdoor Activity Area: *Metal pipes. *A broken picnic table and some unused toys. *There were multiple water puddles from a broken irrigation system. *A bench peeling paint. *A five-inch gap in the link chain fence near the facility entrance. **Previously cited on 02.21.25”

AAC R9-5-516.B.4. B. If prescription or nonprescription medications are administered, a licensee shall ensure that: 4. A staff member: a. Administers a prescription medication provided by a parent only from a container dispensed by a pharmacy; b. Administers a nonprescription medication provided by a parent for an enrolled child only from a container prepackaged and labeled for use by the manufacturer and labeled with the enrolled child’s name; c. Does not administer any medication that has been transferred from one container to another; and d. Does not administer a nonprescription medication to an enrolled child inconsistent with the instructions on the nonprescription medication’s label, unless the facility receives written authorization from the enrolled child’s health care provider.

“Findings: Based on the Compliance Officer's observations, the non-prescription medication and the prescription medication for Child #8, Child #10, and Child #12 were not stored in the original containers.”

AAC R9-5-501.A.19. A. A licensee shall ensure that: 19. Hand sanitizers when being: a. Stored, are stored separate from food storage areas and are inaccessible to enrolled children; and b. Provided for use, are accessible to enrolled children; and

“Findings: Based on the Compliance Officer's observations, hand sanitizers were accessible to children in both Four's - Five's Room and the Hallway Restroom (Left side),”

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

“Findings: Based on the Compliance Officer's observations, the two slides lacked six inches of the required resilient surface and were placed directly on the grass.”

AAC R9-5-605.B.1. B. A licensee shall ensure that: 1. All designated exits, corridors, and passageways that provide escape from the building are unobstructed and unlocked during hours of operation;

“Findings: Based on the Compliance Officer's observations, not all designated emergency exits were kept unlocked during hours of operation.”

AAC R9-5-501.B.9. B. 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 personal products in the Two's Room were not labeled with the child’s first and last name.”

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 Officers' observations, the small playground on the south side had a wall that measured 3 feet 6 inches in the southwest corner of the playground. Additionally, the siding along the wall of the playground had chipping paint and splintering wood.”

AAC R9-5-605.B.16. B. A licensee shall ensure that:16. The fire extinguisher required in subsection (A): a. Is serviced at least once every 12 months; and b. Has a tag attached to the fire extinguisher that specifies the date of the last servicing and the identification of the person who serviced the fire extinguisher; and

“Findings: Based on Compliance Officers' observations, the fire extinguishers in the facility were not tagged and a receipt attached to the extinguishers were from 2022.”

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;

“Findings: Based on Compliance Officers' observations and review of facility documentation, the lesson plans posted in the Cactus classroom lacked a date.”

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 Officers' observations, there was a toilet brush and plunger next to the toilet in the 2's restroom.”

AAC R9-5-305.B. B. 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 card, required in R9-5 304(B).

“Findings: Based on Compliance Officers' observations and review of facility documentation, 3 of 15 Emergency Information and Immunization record cards lacked the attached immunization records for Child #1, Child #3 and Child #4.”

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 Compliance Officers' observations and review of facility documentation, 8 of 15 Emergency Information and Immunization record cards lacked the following required documentation: Child #1: Last name of child; date of enrollment; parent/guardian information; emergency contact's information; health care provider's contact information; the name of the individual to be contacted in case of sudden injury or illness; parent/guardian's signature. Child #2: The name of the individual to be contacted in case of sudden injury or illness. Child #3: Parent/guardian's contact information; health care provider's contact information; parent/guardian's signature. Child #4: Date of enrollment; parent/guardian's signature. Child #5: Date of enrollment. Child #6: Date of enrollment. Child #7: Parent/guardian's contact information. Child #8: Date of enrollment; parent/guardian's contact information.”

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

“Findings: Based on the Compliance Officer’s observations, it was determined that 6 children were present in the Jungle classroom but the attendance roster had 0 children recorded as present.”

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, it was found that the left far most hallway bathroom lacked single-use paper towels in a mounted dispenser.”

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;

“Findings: Based on the Compliance Officer’s observations, the Forest Room lacked a dated lesson plan for the class for the current week.”

AAC R9-5-403.A. A. Within 10 calendar days of the starting date of employment or volunteer service, a licensee shall provide, and each staff member who provides child care services shall complete, training for new staff members that includes all of the following:1. Facility philosophy and goals; 2. Names and ages of and developmental expectations for enrolled children for whom the staff member will provide child care services; 3. Health needs, nutritional requirements, any known allergies, and information about adaptive devices of enrolled children for whom the staff member will provide child care services; 4. Lesson plans; 5. Child guidance and methods of discipline; 6. Hand washing techniques; 7. Diapering techniques and toileting, if assigned to diaper changing duties; 8. Food preparation, service, sanitation, and storage, if assigned to food preparation; 9. If a staff member is assigned to feeding infants, the preparation, handling, and storage of infant formula and breast milk; 10. Recognition of signs of illness and infestation; 11. Child abuse or neglect detection, prevention, and reporting; 12. Accident and emergency procedures; 13. Staff responsibilities as required by A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter; 14. Sun safety policies and procedures; 15. Safety in outdoor activity areas; 16. Transportation procedures, if applicable; and 17. Field trip procedures, if applicable.

“Findings: Based on the Compliance Officer’s review of 4 staff files, it was determined that 1 of the 4 staff members did not have the required new staff training within 10 days of the starting date of employment. *Staff #1-starting date of employment-3/28/2024. The file lacked documentation that the new staff training was completed.”