Guardian Angels Preschool Daycare L L C

AAC R9-5-402.C. C. A licensee shall ensure that, for an individual who is not currently working at the facility, the information required in subsections (A)(1) through (12) is:1. Maintained for 12 months after the date the individual last worked at the facility, and 2. Provided to the Department within two hours of the Department’s request.

“Findings: Based on the Compliance Officers' observations and staff statements, the file for Staff #2 was not maintained on the facility premises for 12 months following employment. All requirements of R9-5-203, R9-5-401.3, R9-5-402.A/B, and ARS § 36-883.02.A/C were not available for review. Staff stated the file was not present on the facility premises.”

AAC R9-5-517.A.1. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:1. Obtain dated, written permission from the enrolled child’s parent before the licensee transports the enrolled child;

“Findings: Based on the Compliance Officers' observations and staff statements, there were 3 children transported in the facility motor vehicle on 8/28/2024 who all lacked dated, written permission from the enrolled child's parent. Staff stated Child#1, Child #2 and Child #3 were all transported in the facility vehicle that day and did not have written permission from the parent.”

R9-5-210.A. The Department may deny, revoke, or suspend a license to operate a facility if an applicant or licensee: 1. Provides false or misleading information to the Department; 2. Has been denied a certificate or license to operate a child care group home or child care facility in any state, unless the denial was based on the applicant’s failure to complete the certification or licensing process according to a required time-frame; 3. Has had a certificate or license to operate a child care group home or child care facility revoked or suspended in any state; 4. Has been denied a fingerprint clearance card or has had a fingerprint clearance card revoked under A.R.S. Title 41, Chapter 12, Article 3.1; 5. Fails to substantially comply with any provision in A.R.S. Title 36, Chapter 7.1, Article 1 or this Chapter; or 6. Substantially complies with A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter, but refuses to carry out a plan acceptable to the Department to eliminate any deficiencies

“Findings: Based on the Compliance Officers' observations, a review of facility documentation and staff statements, Staff #1 and Staff #3 stated during investigation #89010 conducted on 8/26/2024 that Staff #2 did not work at the facility within the last year, and provided a list of employees to the Compliance Officers that did not include Staff #2. On 8/28/2024, Compliance Officer #1 clarified with Staff #1 that Staff #2 had not worked at the facility within the last year and was subsequently not included on the staff list. Staff #1 then stated that Staff #2 did work at the facility during that time frame. Documentation of Staff #2's attendance records and pay information verified that Staff #2 had been on the facility premises within the last year. Staff #1 stated, "I maybe thought it was more than a year ago" and "I was incorrect with the information". Regarding the staff list, Staff #3 stated, "There might be a few I missed, I was rushing"”

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 Officers' observations, there were 8 children present in the Yellow Room but the attendance roster had 6 children recorded as present.”

AAC R9-5-517.B.7. B. A licensee shall ensure that an individual who drives a motor vehicle used to transport an enrolled child:7. Except as provided in subsection (E), requires that each enrolled child be secured in a seat belt before the motor vehicle is set in motion and while the motor vehicle is in motion;

“Findings: Per allegation and based on COs' observations and staff interview, the vehicle (Lic#F2AOTX) used to transport enrolled children arrived at the center at 3:41pm on 08/26/2024. 5 children exited the vehicle. Staff stated that on 08/21/2024, 6 children were picked up at their schools in the same vehicle. The vehicle has 3 seat belts in the back seat. Staff stated that 1 child is placed in the front seat, with the remaining children in the back seat, with 2 children unsecured in a seat belt. The unsecured children in the back seat are told by staff to hold on to the back of the front seat and face the back of the seat the child is in.”

AAC R9-5-517.B.5. B. A licensee shall ensure that an individual who drives a motor vehicle used to transport an enrolled child: 5. Does not permit an enrolled child to be seated in front of a motor vehicle's air bag;

“Findings: Based on COs' observations and staff interview, the vehicle (Lic#F2AOTX) used to transport enrolled children arrived at the center at 3:41pm on 08/26/2024. 5 children exited the vehicle, with 1 child exiting from the front passenger seat. Staff stated that on 08/21/2024, 6 children were picked up in the same vehicle with 1 child in the front seat.”

AAC R9-5-517.A.9. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:9. Ensure that the motor vehicle has: a. A working mechanical heating system capable of maintaining a temperature throughout the motor vehicle of at least 60° F when outside air temperatures are below 60° F; b. Except as provided in subsection (E), a working air-conditioning system capable of maintaining a temperature throughout the motor vehicle at or below 86° F when outside air temperatures are above 86° F; c. Except as provided in subsection (F), a first aid kit that meets the requirements of R9-5-514(A); d. Two large, clean towels or blankets; and e. Sufficient drinking water available to meet the needs of each enrolled child in the motor vehicle and sufficient cups or other drinking receptacles so that each enrolled child can drink from a different cup or receptacle;

“Findings: Based on CO #2's observations, the vehicle (Lic#F2AOTX) used to transport enrolled children lacked water, blankets or towels, and a first aid kit.”

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 CO #1's observations, in the Orange room, the ratio was 1:18 with a required ratio of 3:18 when a 2nd staff member brought in a group of children and left the room. The youngest child in the room was 2-years old.”

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 COs' observations and a review of 5 staff files, Staff#1 (DOE 11/19/2015) and Staff #4 (DOE 08/01/2023) lacked the following annual training hours: **Staff #1 - 18 of 18 based on the review period 11/19/2022 - 11/19/2023 **Staff #4 - 14 of 18 based on the review period 08/01/2023 - 08/01/2024”

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 COs' observations and a review of 5 staff files, Staff#2 (DOE 06/06/2024) and Staff #3 (DOE 03/12/2024) were left unsupervised, alone with enrolled children and lacked documentation of early childhood or related experience to qualify as teacher-caregivers.”

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 CO #1's observations and a review of facility documentation, 10 children were present in the Yellow Room, and the roster was unavailable for review. The staff member stated that the roster was in another room.”

AAC R9-5-301.B. B. A licensee shall ensure that a facility director: 1. Designates, in writing, an individual who meets the requirements of R9-5-401(2) to act on behalf of the facility director when the facility director is not present in the facility; 2. Supervises or assigns a teacher-caregiver to supervise each staff member who does not meet the qualifications of R9-5-401(3); 3. Prepares a dated attendance record for each day and ensures that each staff member documents on the attendance record the time of each arrival and departure of the staff member; and 4. Maintains on the facility premises, the dated attendance record required in subsection (B)(3) for 12 months after the date on the attendance record.

“Findings: Based on COs' observations and a review of 5 staff files, Staff#2 (DOE 06/06/2024) and Staff #3 (DOE 03/12/2024) were left unsupervised and alone with enrolled children. They both lacked documentation of early childhood or related experience.”

AAC R9-5-203.D. D. A licensee shall ensure that each staff member submits to the licensee a copy of the staff member’s valid fingerprint clearance card each time the fingerprint clearance card is issued or renewed every six years.

“Findings: Based on Compliance Officer (CO) #1's observations and a review of 5 staff files, Staff #1's (DOE 11/19/2015) fingerprint clearance card expired on 12/08/2021, and a renewal card was issued on 03/31/2022.”

ARS § 36-883.02.A. A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work.

“Findings: Based on COs' observations and a review of 5 staff files, Staff #2 and Staff #3 lacked valid fingerprint clearance cards before their starting date of employment. **Staff #2 (DOE 06/06/2024) - issued on 06/06/2024 **Staff #3 (DOE 03/12/2024) - issued on 03/12/2024”

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 Compliance Officer #1's observation, seven children in the blue room lacked sheets on their mats.”

AAC R9-5-502.A.1. A. A licensee providing child care services for infants shall: 1. Provide a wall-enclosed room for infants that provides exits required by R9-5-601(1);

“Findings: Based on the Compliance Officers' observations, the door to the Infant room was open rather than closed as required.”

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 statements and Compliance Officer #2's observations, in the Infant room, 3 one-year old's were placed with an infant. Staff stated that the children were one-year old and could walk by themselves. Staff stated one child was moved to the Infant room from the One's classroom.”

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 Compliance Officer #1's observation, the staff-to-child ratio in the Green room (1's) was 1:7, with a required ratio of 2:7.”

AAC R9-5-208.B. B. At least 30 calendar days before the date of an intended change in a facility’s service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the intended change to the Department that includes:1. The licensee’s name; 2. The facility’s name, street address, city, state, zip code, mailing address, and telephone number; 3. The name, telephone number, and fax number of a point of contact for the request; 4. The facility’s license number; 5. The type of change intended: a. Service classification, b. Space utilization, or c. Licensed capacity; 6. A narrative description of the intended change; and 7. The following additional information, as applicable: a. If the intended change affects individual rooms, the following information about each affected activity area, as applicable: i. Identification of the activity area, ii. Current and intended square footage, iii. Current and intended operating hours, iv. Current and intended service classification, v. Current and intended licensed capacity, and vi. Whether the activity area has or will have a diaper changing area; b. If the intended change is to increase licensed capacity, the square footage of the outdoor activity area; and c. If the intended change includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable: i. If the facility is not located in a public school or if providing child care services to infants, one-year-old children, or two-year-old children in a facility located in a public school, the information required in R9-5-201(A)(5)(g) and (A)(5)(h) showing the intended change; or ii. If the facility is located in a public school and provides child care only for three-year-old, four-year-old, or five-year-old, or school-age children, a set of final construction drawings or a school map, including the information required in R9-5-201(5)(j) showing the intended change.

“Findings: Based on Compliance Officer #1's observation, a diapering changing area was added to the Purple room without the Department's approval.”

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 and the Compliance Officers' observations, upon arrival in the School-age classroom, the roster indicated 21 children, but there were 25 children present.”

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: Per allegation and based on the Compliance Officers’ observations, the staff-to-child ratio on the preschool playground was 1:17 with 3-year-old children present. A second staff member was needed to maintain the required ratio.”

AAC R9-5-605.B.14. B. A licensee shall ensure that:14. Each smoke detector required in subsection (B)(13) is: a. Maintained in an operable condition; b. Either battery operated or, if hard wired into the electrical system of the child care facility, has a backup battery; and c. Tested monthly;

“Findings: Based on the Compliance Officers’ observations, the smoke detector in the Yellow room was beeping and not maintained in working condition.”

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 facility documentation and Compliance officer #2's observation, 3 of 4 staff files lacked: Staff #1 (11/20/23): A criminal history affidavit. Staff #2 (1/4/24): A criminal history affidavit and a DCS affidavit signed before their starting day of employment. Staff #3 (1/18/24): A criminal history affidavit and a DCS affidavit.”

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 facility documentation and Compliance Officer #2's observation, 3 of 4 staff files lacked: Staff #1's (start date 11/20/23) fingerprint clearance card was verified after the start date. The card was verified on 12/5/23. Staff #2's (start date 1/4/24) fingerprint clearance card was verified after the start date. The card was verified on 1/18/24. Staff #3's (start date 1/18/24) fingerprint clearance card was not verified. Staff #4's (start date 8/28/23) fingerprint clearance card was verified after the start date. The card was verified on 9/29/23.”

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 and Compliance Officer #2's observation, the roster in the Peach room had two children marked present, but four children were in the room. The roster in the Purple room did not accurately reflect the children present. One child who had left was marked present, and another was not on the roster.”

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, 4 of 4 staff files lacked the following: Staff #1, Staff #3, and Staff #4 lacked two of the required two good-faith effort references. Staff #2 lacked one of the required two good-faith effort references.”

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, 1 of 4 staff files lacked: Staff #2's ten-day new staff training lacked the Director's signature.”

ARS § 36-883.02.A. A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work.

“Findings: Based on facility documentation and Compliance Officer #2's observation, 2 of 4 files lacked the following: Staff #2 (start date 1/4/24) worked at the facility without a valid fingerprint clearance card. The card was issued on 1/18/24. Staff #3 (start date 8/28/23) worked at the facility without a valid fingerprint clearance card. The card was issued on 9/26/23.”

AAC R9-5-605.B.14. B. A licensee shall ensure that:14. Each smoke detector required in subsection (B)(13) is: a. Maintained in an operable condition; b. Either battery operated or, if hard wired into the electrical system of the child care facility, has a backup battery; and c. Tested monthly;

“Findings: Based on the Compliance Officers' observations, the smoke detector in the yellow room was not in working order.”

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;

“Findings: Based on facility documentation and the Compliance Officers' observation, a child was wearing diapers in the Peach room. The peach room is not approved for diapering.”

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: Per Allegation and based on the Compliance Officers' observations, the following rooms did not maintain the required staff-to-child ratios: In the Infant room, the staff-to-child ratio was 1:7; a second teacher was needed to maintain the ratio of 2:7. In the Blue room, the staff-to-child ratio was 1:16 with a 3-year-old present; a second teacher was needed to maintain the ratio of 2:16. On the playground, the staff-to-child ratio was 1:14 with 3-year-olds present; a second teacher was needed to maintain the ratio of 2:14.”