Guidepost Montessori At North Scottsdale

AAC R9-5-503.A.2. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 2. A hand-washing sink next to the diaper changing surface for staff use when changing diapers and for washing an enrolled child during or after diapering that provides: a. Running water between 86° F and 110° F, b. Soap from a dispenser, and c. Single-use paper hand towels from a dispenser;

“Findings: Based on the Compliance Officers' observations, in the Toddler 8 classroom, the portable diaper changing surface was 3.5 feet away from the sink rather than next to the sink as required.”

AAC R9-5-502.C.2.b. C. A licensee shall ensure that: 2. A staff member providing child care services in an infant room does not: b. Place an infant to sleep using a positioning device that restricts movement, unless the infant’s health care provider has instructed otherwise in writing;

“Findings: Based on the Compliance Officers' observations, upon entering the Nido room, an infant was observed sleeping on their floor bed with their arms zipped into the sleep sack restricting their movement. The facility lacked documentation from a health care provider.”

AAC R9-5-501.B.1. B. A licensee shall ensure that a staff member: 1. Supervises each enrolled child at all times;

“Per allegation findings: Based on facility documentation, staff statements, and the Compliance Officers' observations, it was determined that staff failed to supervise an enrolled infant at all times in the Nido room. Staff stated that "an infant was at the table eating food from their lunch and the staff member was sitting with them got up from the table to walk over to the sink" leaving the child unsupervised while eating. The incident report stated that the child began choking on a piece of food.”

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, staff statements, and the Compliance Officers' observations, it was determined that the health, safety, or welfare of an enrolled child was placed at risk of harm. Staff stated that "an infant was at the table eating food from their lunch and the staff member was sitting with them and then got up from the table to walk over to the sink" to begin another task. Staff stated that during the staff members absence from the table "the infant began choking on a piece of food". The incident report stated that back blows were administered and the food was expelled. The incident report stated steps taken to prevent reoccurrence is "sitting with child at all times; wait to clean class [until] child is done"”

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 entering the Toddler 2 classroom, the roster indicated 12 children, but there were 6 children present. Upon entering the Toddler 2 outdoor activity area, a roster was not available for review and there were 6 children present. Upon entering the courtyard, a Nido staff member was observed pushing 3 enrolled infants in a stroller. Upon entering the Nido room, the roster indicated 6 children, but 3 children were present. The second staff member was just returning to the room with the children in the stroller.”

ARS § 36-883.05.C. C. The ratio of staff members to resting infants in the resting area must be at least one staff member to every four infants. A staff member in the resting area must be supervised for the first ninety days of employment to ensure the staff member's proper use of the floor bedding pursuant to this section. Any staff member in the resting area shall have current certification in cardiopulmonary resuscitation and first aid.

“Findings: Based on the Compliance Officers' observations, upon entering the Nido room, the ratio in the resting area was 0:2 rather than 1:2 as required. There were 2 infants observed on their floor bedding with no staff present in the resting area.”

AAC R9-5-516.I. I. Except as specified in A.R.S. § 36-2229(B) through (D), a licensee shall ensure that a facility does not stock a supply of medications for administration to enrolled children, including:1. Any prescription medication; or 2. A nonprescription medication such as aspirin, acetaminophen, ibuprofen, or cough syrup.

“Findings: Based on facility documentation and the Compliance Officer's observations, it was determined that the facility kept a stock of medication for Child #14 and Child #22. The medication authorization form for Child #14 stated the over-the-counter medication was to be given for "any fever or illness (mild)". The Medication authorization forms (medication #1 and medication #2) for Child #22 stated "over all health" and "health upkeep".”

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

“Findings: Based on the Compliance Officers' observations, in the outdoor activity area, the following hazards were accessible to enrolled children: Toddler Playground: *There were multiple cracks on the wooden play structure. *The wood was splintering on the wooden play structure.”

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

“Findings: Based on facility documentation and the Compliance Officer's observations, it was determined that the medication prescription date expired or the medication was no longer being administered to the enrolled child and the medication was not returned to the parent as required: Child #9: Medication expired 12/2024. Child #11: Medication expired 08/2024. Child #12: Medication #1 expired 10/2024. Medication #2 expired 12/2024. Child #15: Medication authorization form dosage period end date 12/27/2023. Child #18: Medication authorization form dosage period end date 03/17/2025. Child #21: Medication expired 03/2025. Child #23: Medication authorization form dosage period end date 02/27/2025. Child #25: Medication authorization form dosage period end date 06/30/2023. Child #26: Medication authorization form dosage period end date 03/17/2025.”

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 facility documentation and the Compliance Officer's observations, it was determined that there were 2 unlabeled blister packs of medication #3 in a Ziploc bag for Child #12 rather than in a container either dispensed from a pharmacy or prepacked and labeled from the manufacturer as required. It was determined that medication #1 for Child #13 lacked the original container dispensed by a pharmacy as required. It was determined that the over-the-counter medication for Child #9, Child #12, and Child #20 lacked written authorization from the enrolled children's health care providers to administer the medication inconsistent with the manufacturers label.”

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 Officers' observations, in the Infant room, the designated exit that provides an escape to the outside of the building was obstructed by a little push table and a crib. In room 1, the designated exit that provides an escape to the outside of the building was obstructed by a child on a cot.”

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 Officers' observations, the following rooms lacked a safety plug in an unused electrical outlet: *Room 1 lacked one safety plug on the North wall. *Room 4 lacked one safety plug on the West wall. *Room 7 lacked one safety plug above the classroom sink”

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 facility documentation and the Compliance Officer’s observation, the Criminal History Affidavit for Staff #1 (Date of employment 4/9/2025) and Staff #2 (Date of employment 4/7/2024) were not completed prior to their start date.”

AAC R9-5-516.B.3. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:3. A facility director, or a staff member designated in writing by the facility director, does not administer a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child’s parent or health care provider that includes the: a. Name of the enrolled child; b. Type of the medication; c. Prescription number, if any; d. Instructions for administration specifying the: i. Dosage and route of administration; ii. If indicated, starting and ending dates of the dosage period; and iii. Times and frequency of administration; e. Reason for the medication; and f. Date of authorization; and

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the following medication authorization forms were incomplete: Child #9, Child #12 (medication #2 and medication #3), and Child #17 lacked medication authorization forms. Child #13 and Child #16 (medication #1 and medication #2) lacked end dates for the dosage period. Child #10 lacked the starting date for the dosage period and the times/frequency of administration. Child #15 lacked the starting date for the dosage period and the dosage of the medication. Child #19 lacked the starting date for the dosage period, the dosage of the medication, and the times/frequency of administration. Child #23 lacked the reason for the medication, the times for administration and was administered medication after the authorizations forms end date for the dosage period of 02/27/2025. Child #24 lacked start and end dates for the dosage period and the frequency of administration. Child #25 lacked the route of administration, the frequency of administration, and the start date for the dosage period.”

AAC R9-5-516.B.2. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:2. A facility director ensures that only one staff member in the facility at any given time is responsible for the administration of medications;

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the form documenting the medication administered to Child #13 had 8 staff members administering the medication rather than 1 staff member as required.”

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 observation, in room 1's restroom, there were 6 books, a piece of wood, and a plastic pitcher in a wire basket on the wall near the handwashing sink.”

AAC R9-5-503.F.1. F. A licensee shall ensure that in an activity area with a diaper changing area: 1. The containers required in subsections (A)(3) and (4) are inaccessible, and

“Findings: Based on the Compliance Officers' observations, in rooms 1, 2, and 8, the diaper changing container was accessible to enrolled children.”

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 observation, in the Infant room, the pad on the diaper changing surface was not seamless and smooth. In rooms 1, 2, and 8, there were divots on the surface of the diaper changing surface, making it not seamless and smooth. There were drying racks and toy buckets next to all diaper changing stations.”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, in the Infant room, it was determined that 3 enrolled infants lacked written, current, and dated dietary instructions. 3 out of 4 dietary instructions lacked a schedule documenting when and how much to feed the infant.”

AAC R9-5-502.A.11. A. A licensee providing child care services for infants shall: 11. Label each food container received from the parent with the infant's name.

“Findings: Based on the Compliance Officer's observation, in the Infant room, there were 2 unlabeled food containers.”

AAC R9-5-501.C.9. C. A licensee shall ensure that a staff member:9. Does the following when a parent permits or asks a staff member to apply personal products on an enrolled child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, toothpaste, and baby diapering preparations: a. Obtains the enrolled child’s personal products from the enrolled child’s parent or, if the licensee provides the personal products for use by the enrolled child, obtains written approval for use of the products from the enrolled child’s parent; b. Labels the personal products with the enrolled child’s name; and c. Keeps the personal products inaccessible to enrolled children;

“Findings: Based on the Compliance Officers' observations, in rooms 1, 2, and 8, there were 20 diaper creams/wipes/sunscreens that lacked the enrolled child's first and last name. Wipes were on low shelves and under the diaper changing stations accessible to enrolled children.”

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 facility documentation and the Compliance Officers' observations, rooms 3 and 8 lacked a current lesson plan. In rooms 1, 2, 3, and 4 the posted lesson plans lacked a date.”

AAC R9-5-501.C.1. C. A licensee shall ensure that a staff member: 1. Supervises each enrolled child at all times;

“Findings: Based on the Compliance Officers' observations, in room 4, the teacher was across the classroom, not within sight or sound of 6 children blocked by the bathroom wall. When the teacher went to get the 6 children on the other side of the wall, 2 children started jumping on their cots.”

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 Officers' observations, in Room 3, there was disinfectant on the counter next to the classroom sink accessible to enrolled children. In room 4, there were bottles of peroxide and air freshener on a low shelf near the South exit door accessible to enrolled children. In room 7, there was a spray bottle of Meyer's Clean Day on a low shelf accessible to enrolled children.”

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 Officers' observations, the following hazards were accessible to enrolled children: Room 2: *There were rolls of plastic bags on a low shelf. Room 3: *There were 2 chairs upside down on top of the table while children were playing in the activity area. Room 4: *There was a paper cutter and a laminator on a child's table. Room 7: *There were 2 metal brackets with sharp rusty edges on the top of the sink in the North restroom. *There were 2 screw with sharp edges protruding out of the wall above the sink in the South restroom. *The baseboard was detached from the wall under the sink in the South restroom.”

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 the Compliance Officer's observation, it was determined that the files for Staff #1 (Date of employment 4/9/2025), Staff #2 (Date of employment 4/7/2025), Staff #3 (Date of employment 8/26/2024), Staff #4 (Date of employment 2/24/2024), and Staff #5 (Date of employment 7/30/2024) lacked documentation of a validated fingerprint clearance card. The fingerprint clearance card was validated through the DPS website during the time of the inspection.”

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 facility documentation and the Compliance Officer's observation, the files for Staff #1 (Date of employment 4/9/2025), Staff #2 (Date of employment 4/7/2025), Staff #3 (Date of employment 8/26/2024), Staff #4 (Date of employment 2/24/2024), and Staff #5 (Date of employment 7/30/2024) documented the submittal of the DCS form after their start dates.”

AAC R9-5-208.G. G. At least 30 days before the date of a change in ownership of a facility, a licensee shall send the Department written notice of the change. A new owner shall obtain a new license as prescribed in R9-5-201 before the new owner begins operating the facility.

“Findings: Based on staff statements and the Compliance Officer's observation, a staff member brought an Infant into an unlicensed area (lobby), waiting for the parents of the Infant. Staff said they close the Infant room at 5:00 because the Infant staff are off work.”

AAC R9-5-303.B. B. A licensee shall ensure that the licensed capacity of each indoor activity area or room is posted in that activity area or room.

“Findings: Based on the Compliance Officer’s observation, classroom 9 lacked a posted capacity.”

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 the Compliance Officer’s observation, it was determined that 7 out of 15 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #1:The name, home address, city, state, zip code, and contact telephone number of a second parent of the child. The name and contact telephone number of the child’s health care provider. Child #2: The name and contact telephone number of the child’s health care provider. Child #3, Child #6, and Child #8: The name, home address, city, state, zip code, and contact telephone number of a second parent of the child. Child #4 and Child #5: The child's parents' signature.”

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 the Compliance Officers' observations, the health, safety and welfare of enrolled children was placed at risk of harm. In Room 4, there were 2 children playing near a paper cutter and laminator accessible to enrolled children.”

AAC R9-5-305.A. A. A licensee shall not permit an enrolled child to attend a facility until the facility receives: 1. An immunization record for the enrolled child with the information required in 9 A.A.C. 6, Article 7, documenting that the enrolled child has received all current, age-appropriate immunizations required under 9 A.A.C. 6, Article 7: a. Provided by a healthcare provider, or b. Generated from the Arizona State Immunization Information System, which is the Department’s child immunization reporting system established in A.R.S. § 36-135; or 2. An exemption affidavit for the enrolled child provided by the enrolled child’s parent that contains: a. A statement, signed by the enrolled child’s health care provider, that the immunizations required by 9 A.A.C. 6, Article 7 would endanger the enrolled child’s health or medical condition; or b. A statement, signed by the enrolled child’s parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the files for Child #7, Child #8, and Child #9 lacked a written immunization record. Child # 3 lacked documentation of 1 out of 9 immunizations on the immunization exemption for.”

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 the Compliance Officers' observations, a one-year-old was placed in the Infant room with a group of infants.”

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 facility documentation and the Compliance Officer’s observation, it was determined that the file for Staff #2 lacked documentation for the 10-day training for new staff members. (Start date-4/7/2025).”

AAC R9-5-308.A. A. A licensee shall secure and maintain the following minimum insurance coverage: 1. General facility liability insurance of at least $300,000; and 2. Motor vehicle insurance coverage, required by A.R.S. Title 28, Chapter 9, Article 4, for each motor vehicle provided by a licensee to transport enrolled children.

“Findings: Based on facility documentation and the Compliance Officer’s observation, the Licensee lacked documentation of a current Certificate of Liability Insurance as required.”

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 observation, it was determined that the Licensee lacked documentation of a current violation-free fire inspection report as required.”

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 facility documentation and the Compliance Officer’s observation, it was determined that Staff #2 was a teacher-caregiver. Staff #2 was not qualified as a teacher-caregiver. The file for Staff #2 lacked documentation of 6 months of childcare experience.”

AAC R9-5-401.4. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:4. An assistant teacher-caregiver is 16 years of age or older and provides the licensee with documentation of one of the following: a. Current and continuous enrollment in high school or a high school equivalency class; b. High school or high school equivalency diploma; c. Enrollment in vocational rehabilitation, as defined in A.R.S. § 23-501; d. Employment as a teacher-caregiver aide for 12 months; or e. Service as a volunteer in a child care facility for 12 months;

“Findings: Based on the facility documentation and the Compliance Officers' observations, it was determined that Staff #4 was an assistant teacher-caregiver. The file for Staff #4 lacked documentation of an evaluated diploma issued in a foreign country that is equivalent to a high school diploma in the United States.”

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 the Compliance Officer’s observation, it was determined that the files for Staff #4 and Staff #5 lacked documentation of 2 good-faith effort professional references.”

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, the roster in the 3-5 classroom reflected 19 children, with 20 children present.”

AAC R9-5-503.B. B. A licensee shall ensure that a staff member does not:1. Permit a bottle, formula, food, eating utensil, or food preparation in a diaper changing area; 2. Draw water for human consumption from a diaper changing area sink; or 3. Except as provided in subsection (C), if responsible for food preparation, change diapers until food preparation duties have been completed for the day.

“Findings: Based on the Compliance Officers' observations, in the 1-2's Room, a staff member drew water for consumption from the diaper changing sink for the enrolled children. In the1-2's Room, there was a water pitcher next to the diaper changing 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 the Compliance Officers' observations, the health, safety and welfare of enrolled infants were placed at risk of harm. In the Infant Room, there were 2 Boppy pillows accessible to enrolled infants.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on the Compliance Officers' observations, in the 1-2's Room, there was a sponge next to the diaper changing sink. In the 1-3's Room, there was a fruit cutter, 2 blocks, a metal container, a pair of tongs, and a paintbrush in a cup of black water next to the diaper changing sink.”

AAC R9-5-510.B.3. B. A licensee shall ensure that a staff member does not use or permit: 3. Abusive language;

“Per allegation: Findings: Based on staff statement and the Compliance Officers' observations, Staff #1 failed to use appropriate language with enrolled Infants. Staff Statements: Staff #1 was heard saying to an Infant, "You only act like this because you get abused at home huh?" "Shut up for just 5 minutes." "I have seen (Staff #1) verbally threaten physical harm on children when (Staff #1) is irritated" (Staff #1) has screamed at (Infant) saying "shut up you are so freaking annoying" and then proceeded to slam (Infant) down on the changing table and made a loud thud. Staff #1 said an infant was going to "get drop kicked'”

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 staff statements and the Compliance Officers' observations, the licensee failed to ensure the health, safety and welfare of enrolled Infants were not placed at risk of harm. Staff Statements: Staff #1 holds the Infants' heads down after calling them annoying "This is not the first time I have seen Staff #1 have a blanket fully over a child, or a child's cry seem muffled." "(Infant) was crying however the cry seemed muffled as if someone was covering Infants' mouth." "I have seen (Staff #1) verbally threaten physically harm on children when Staff #1 is irritated" "I have seen (Staff #1) get frustrated with (Infant) and drop (them) onto this floor bed with a foot of distance between (Infant) and (Infant's) bed. (Staff #1) has screamed at (Infant) saying "shut up you are so freaking annoying" and then proceeded to slam (Infant) down on the changing table and made a loud thud. "When (Staff #1) gets frustrated with them, (Staff #1) throws them onto the floor or the changing table like how someone who's mad slams a door or a cup down to make a point."”

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;

“Findings: Based on staff statements and the Compliance Officers' observations, Staff #1 failed to model and encourage orderly conduct and maintain personal control with enrolled Infants. Staff #1 was seen covering enrolled Infants' faces and muffled their cries. Staff #1 was seen throwing Infants down onto floor beds and the changing table. Staff Statement: Staff #1 holds the Infants' heads down after calling them annoying This is not the first time I have seen Staff #1 have a blanket fully over a child, or a child's cry seem muffled. (Infant) was crying however the cry seemed muffled as if someone was covering Infants' mouth. I have seen (Staff #1) get frustrated with (Infant) and drop (them) onto this floor bed with a foot of distance between (Infant) and (Infant's) bed. (Staff #1) has screamed at (Infant) saying "shut up you are so freaking annoying" and then proceeded to slam (Infant) down on the changing table and made a loud thud." When (Staff #1) gets frustrated with them, (Staff #1) throws them onto the floor or the changing table like how someone who's mad slams a door or a cup down to make a point.”

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's observation, there was a 3 foot section of plastic baseboard missing from the bottom of the wall in Room 4 that led to exposed drywall being accessible to enrolled children.”

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 Compliance Officer's observation, there was a black speaker on the diapering sink in Room 2.”

AAC R9-5-503.B. B. A licensee shall ensure that a staff member does not:1. Permit a bottle, formula, food, eating utensil, or food preparation in a diaper changing area; 2. Draw water for human consumption from a diaper changing area sink; or 3. Except as provided in subsection (C), if responsible for food preparation, change diapers until food preparation duties have been completed for the day.

“Findings: Based on Compliance Officer's observation, there was a cup containing silverware and bowl in the diapering sink of Room 8.”

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's observation, the restroom in Room 4 was being used as both a restroom and for storage of materials.”

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's observation, the following hazards were observed on the facility playgrounds: *there was a 2 foot section of deteriorating metal fencing with rust at the base of the fence on the Toddler playground. *the wooden shed on the main playground had deteriorating and splintering wood at the base and side of the shed.”

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 Compliance Officer's observation and review of facility documentation, there was an electrical outlet on the patio adjacent to the playground, that lacked a safety cover.”

AAC R9-5-305.A. A. A licensee shall not permit an enrolled child to attend a facility until the facility receives: 1. An immunization record for the enrolled child with the information required in 9 A.A.C. 6, Article 7, documenting that the enrolled child has received all current, age-appropriate immunizations required under 9 A.A.C. 6, Article 7: a. Provided by a healthcare provider, or b. Generated from the Arizona State Immunization Information System, which is the Department’s child immunization reporting system established in A.R.S. § 36-135; or 2. An exemption affidavit for the enrolled child provided by the enrolled child’s parent that contains: a. A statement, signed by the enrolled child’s health care provider, that the immunizations required by 9 A.A.C. 6, Article 7 would endanger the enrolled child’s health or medical condition; or b. A statement, signed by the enrolled child’s parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on Compliance Officer's observation and review of facility documentation, 4 of 20 Emergency Information and Immunization record cards reviewed were missing attached immunization records.”

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 Officer's observation and review of facility documentation, 8 of 20 Emergency Information and Immunization record cards lacked the following documentation: Child #1: Parent/guardian’s signature. Child #2: Parent/guardian’s signature. Child #3: Parent/guardian’s signature. Child #4: Parent/guardian’s signature. Child #5: 2 emergency contact’s information; parent/guardian’s signature. Child #6: 1 emergency contact’s information; Parent/guardian’s signature. Child #7: Parent/guardian’s signature. Child #8: Parent/guardian’s signature.”

AAC R9-5-605.B.10. B. A licensee shall ensure that:10. Toilet rooms are ventilated to the outside of the building, either by a screened window open to the outside air or by an exhaust fan and duct system that is operated when the toilet room is in use;

“Findings: Based on Compliance Officer's observation, the exhaust fan was inoperable in Room 7.”

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 Compliance Officer's observation and review of facility documentation, the files for both Staff #1 (start date 3/5/24) and Staff #2 (start date 4/1/24) lacked documentation of 2 good faith reference checks.”

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's observation and review of facility documentation, the roster in Room 1 reflected the presence of 6 children, however only 5 children were actually present.”

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's observation, there was a plunger accessible to enrolled children in the Room 7 restroom.”