Kids Haven Childcare and Preschool

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. A method of discipline that could cause harm to the health, safety, or welfare of an enrolled child;

“Findings: Based on video evidence and the Compliance Officers' observations, Staff #1 used a form of discipline that could cause harm to the health, safety, and welfare of Child #1. Child #1 climbed on the brown armchair by the area rug, and stood backwards, pulling decoration items off the wall. Staff #1 walked over to Child #1 and grabbed the child under the left armpit with one hand, lifted the child up off the chair, and forcibly sat the child on their bottom on the floor.”

AAC R9-5-510.A.1. A. A licensee shall ensure that a staff member: 1. Defines and maintains consistent and reasonable guidelines and limitations for an enrolled child’s behavior;

“Findings: Based on video evidence and the Compliance Officers' observation, Staff #1 did not set reasonable guidelines and limitations for a 16-month-old child. During a group activity at the table, Staff #1 was standing/bending over Child #1 while the child had a sticker and paper project in front of the child. Staff #1 was completing the project for the child by placing stickers on the paper and not allowing the child to participate. When the staff member took the completed paper away from the child, Child #1 started grabbing stickers from a neighboring child at the table. Staff #1 grabbed Child #1's arm and pulled the child away from the neighboring child, causing Child #1 to slide off their chair. After the child remained on the floor, Staff #1 picked up Child #1 by one arm and placed them back in the chair. After Child #1 reached for the neighboring child's project again, Staff #1 pushed Child #1's arm area, moving the child away from the other child.”

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 Grassland room (Early Head Start), there was a red tub labeled "dirty toys" on the diaper changing hand washing sink area.”

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: Per allegation and based on video evidence and the Compliance Officers' observation, the health, safety, or welfare of a 1-year-old child was placed at risk of harm when on 9/24/2024, Staff #1 pushed Child #1, and grabbed Child #1 using one hand under the child's armpit and picked the child up from the floor to redirect the child three times.”

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 the Compliance Officer's review of Staff #4's file (DOE 2/23/22) and on a discussion with the Director, it was determined the file contained only 14 of the required 18 hours of annual training for the period of 2/23/23 through 2/23/24.”

AAC R9-5-402.A. A. A licensee shall maintain a file for each staff member containing:1. The staff member’s name, date of birth, home address, and telephone number; 2. The staff member’s starting date of employment or volunteer service; 3. The staff member’s ending date of employment or volunteer service, if applicable; 4. The name and telephone number of an individual to be notified in case of an emergency; 5. The staff member’s written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis; 6. The form required in A.R.S. § 36-883.02(C); 7. Documents required by R9-5-203; 8. Documents required by R9-5-301; 9. Documents required by R9-5-401, if applicable; 10. If applicable: a. The form required in A.R.S. § 8-804(I), b. Documentation of the submission required in A.R.S. § 8-804 and the information received as a result of the submission, and c. Documentation of training provided by a licensee as required by R9-5-403, if applicable; 11. A copy of any current license or certification required by A.R.S. Title 36, Chapter 7.1, Article 1. or this Chapter; and 12. Documentation of the requirements in A.R.S. § 36-883.02(D).

“Findings: Based on the Compliance Officer's review of Staff #2's file (DOE 7/31/23) and on a discussion with the Director, Staff #2's file lacked documentation of the completion of the good faith reference checks. The reference check form was in the file but the form was blank and had not been filled out.”

AAC R9-5-401.3. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:3. A teacher-caregiver is 18 years of age or older and provides the licensee with documentation of one of the following: a. Six months of child care experience and: i. A high school diploma or high school equivalency diploma; or ii. At least 12 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; b. Associate or bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field; or c. N.A.C., C.D.A., or C.C.P. credential;

“Findings: Based on the Compliance Officer's review of Staff #3's file (the Toddler room/Beach Room), the staff file contained documentation of a foreign degree from the Country of Sudan. The file lacked documentation of the education's equivalency verification. Since Staff #3's level of education could not be determined and it could not be verified if the staff met the minimum education required of a teacher caregiver.”

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 the Compliance Officer's observation and on a discussion with the infant room staff and the Director, the written feeding instructions for the 3 enrolled infants had not been updated. *Child 1- The staff stated the infant was now eating solid foods but the written feeding instructions stated the child was eating puréed baby food. The form was last updated on 8/27/23; *Child 2- The staff acknowledged the form was last updated on 11/11/23 and that the amount of formula had increased from the amount listed; *Child 3- The staff acknowledged the form was last updated on 9/10/23 and that the amount of formula had increased from the amount listed. **Repeat deficiency that was also cited on 3/2023.”

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 and on a discussion with the infant room staff and the Director, 3 containers of baby food were not labeled with the child’s first and last name.”

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 observation and on a discussion with the Director, it was determined the trash can in the Farm room contained various items of food waste. The staff stated the trash can was not equipped with a lid.”

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 the Compliance Officer's observation, a discussion with the Director and a review of Staff #3's file (staff is the toddler room teacher who was working alone and unsupervised during the inspection), it was determined the staff did not meet the minimum qualifications of a teacher caregiver and is therefore required to be supervised at all times.”

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 review of Staff #2's file (DOE 7/31/23), it was determined the fingerprint clearance card was issued prior to the staff's employment date. The file lacked documentation that the licensee had verified with DPS prior to the staff's employment date that the fingerprint clearance card was valid.”

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 Officer's observation and on a discussion with the Director, the soiled clothing containers in the Farm room, the Beach room and the Infant room were stored on the floor next to diapering area and were accessible to the children. **Repeat deficiency also cited 3/2023.”

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

“Findings: Based on the Compliance Officer's observation and on a discussion with the Director, it was determined the water temperature at diapering sinks in the Beach room, the Farm room, the Grassland room, the Backyard room and the Infant room measured between 120-123 degrees F. **Repeat deficiency also cited 3/2023.”

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 and on a discussion with the staff and the Director, 2 paint brushes were placed on the diapering sink in the Farm room. The staff acknowledged she had rinsed the paint brushes in the diapering sink. **Repeat deficiency also cited in 3/2023.”

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 Officer's observation and on a discussion with the staff and the Director, 3 personal products (2 tubes of diaper cream and a container of diapering wipes) in the Beach room were not labeled with the child’s first and last name.”

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 the Compliance Officer's review of Staff #4's file (DOE 2/23/22) and on a discussion with the Director, it was determined the file contained only 14 of the required 18 hours of annual training for the period of 2/23/23 through 2/23/24.”

AAC R9-5-402.A. A. A licensee shall maintain a file for each staff member containing:1. The staff member’s name, date of birth, home address, and telephone number; 2. The staff member’s starting date of employment or volunteer service; 3. The staff member’s ending date of employment or volunteer service, if applicable; 4. The name and telephone number of an individual to be notified in case of an emergency; 5. The staff member’s written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis; 6. The form required in A.R.S. § 36-883.02(C); 7. Documents required by R9-5-203; 8. Documents required by R9-5-301; 9. Documents required by R9-5-401, if applicable; 10. If applicable: a. The form required in A.R.S. § 8-804(I), b. Documentation of the submission required in A.R.S. § 8-804 and the information received as a result of the submission, and c. Documentation of training provided by a licensee as required by R9-5-403, if applicable; 11. A copy of any current license or certification required by A.R.S. Title 36, Chapter 7.1, Article 1. or this Chapter; and 12. Documentation of the requirements in A.R.S. § 36-883.02(D).

“Findings: Based on the Compliance Officer's review of Staff #2's file (DOE 7/31/23) and on a discussion with the Director, Staff #2's file lacked documentation of the completion of the good faith reference checks. The reference check form was in the file but the form was blank and had not been filled out.”

AAC R9-5-401.3. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:3. A teacher-caregiver is 18 years of age or older and provides the licensee with documentation of one of the following: a. Six months of child care experience and: i. A high school diploma or high school equivalency diploma; or ii. At least 12 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; b. Associate or bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field; or c. N.A.C., C.D.A., or C.C.P. credential;

“Findings: Based on the Compliance Officer's review of Staff #3's file (the Toddler room/Beach Room), the staff file contained documentation of a foreign degree from the Country of Sudan. The file lacked documentation of the education's equivalency verification. Since Staff #3's level of education could not be determined and it could not be verified if the staff met the minimum education required of a teacher caregiver.”

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 the Compliance Officer's observation and on a discussion with the infant room staff and the Director, the written feeding instructions for the 3 enrolled infants had not been updated. *Child 1- The staff stated the infant was now eating solid foods but the written feeding instructions stated the child was eating puréed baby food. The form was last updated on 8/27/23; *Child 2- The staff acknowledged the form was last updated on 11/11/23 and that the amount of formula had increased from the amount listed; *Child 3- The staff acknowledged the form was last updated on 9/10/23 and that the amount of formula had increased from the amount listed. **Repeat deficiency that was also cited on 3/2023.”

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 and on a discussion with the infant room staff and the Director, 3 containers of baby food were not labeled with the child’s first and last name.”

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 observation and on a discussion with the Director, it was determined the trash can in the Farm room contained various items of food waste. The staff stated the trash can was not equipped with a lid.”

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 the Compliance Officer's observation, a discussion with the Director and a review of Staff #3's file (staff is the toddler room teacher who was working alone and unsupervised during the inspection), it was determined the staff did not meet the minimum qualifications of a teacher caregiver and is therefore required to be supervised at all times.”

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 review of Staff #2's file (DOE 7/31/23), it was determined the fingerprint clearance card was issued prior to the staff's employment date. The file lacked documentation that the licensee had verified with DPS prior to the staff's employment date that the fingerprint clearance card was valid.”

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 Officer's observation and on a discussion with the Director, the soiled clothing containers in the Farm room, the Beach room and the Infant room were stored on the floor next to diapering area and were accessible to the children. **Repeat deficiency also cited 3/2023.”

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

“Findings: Based on the Compliance Officer's observation and on a discussion with the Director, it was determined the water temperature at diapering sinks in the Beach room, the Farm room, the Grassland room, the Backyard room and the Infant room measured between 120-123 degrees F. **Repeat deficiency also cited 3/2023.”

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 and on a discussion with the staff and the Director, 2 paint brushes were placed on the diapering sink in the Farm room. The staff acknowledged she had rinsed the paint brushes in the diapering sink. **Repeat deficiency also cited in 3/2023.”

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 Officer's observation and on a discussion with the staff and the Director, 3 personal products (2 tubes of diaper cream and a container of diapering wipes) in the Beach room were not labeled with the child’s first and last name.”

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 and on a discussion with the Director and the infant room staff, the Infant room's designated exit door that leads to the exterior was obstructed by a crib.”

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 interview, a discussion with the Director and on the Compliance Officers' review of the video of the incident, it was determined that Staff #1 failed to teach, model, and encourage orderly conduct, personal control, and age-appropriate behavior when Staff #1 failed to intervene when Child #2 pulled Child #1 to the floor, hit Child #1 twice on the back and bit Child 1's arm. When Staff #1 picked up Child #1 off the floor after the incident, Staff #1 did not comfort Child #1. As the Staff picked up Child #1, the child's head fell back since Staff #1 did not support the child's head.”

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’ review of facility security footage for 11/6/23, Staff #1 did not ensure the health, safety, and welfare of enrolled children in the 1-2’s Room, when Child #3 caused harm to Child #2 while Staff #1 performed a diaper change. Following the diaper change, Staff #1 failed to follow the required diaper changing procedures, causing the children present in the activity area to have contact with unclean hands and surfacing. Per the security footage, the following was observed: Staff #1 stood at the diaper changing area (directly under the security camera), with her back to the children in the room. Child #1, #2, and #3 were playing at the back of the room (at the far end of the camera’s field of vision). Child #1 and #2 were playing physically, then Child #1 walked away to the right of the screen, and Child #2 grabbed Child #1’s arm and followed behind, then the children stopped. Child #3 placed their toy down and moved quickly toward Child #2 and grabbed Child #2’s arm. Child #3 pulled Child #2 by the arm and pulled the child down to a seated position on the area rug. Child #3 did the same to Child #1. Child #2 stood up and walked away in the direction of Staff #1. Child #3 ran after Child #2, grabbed Child #2 by the right upper arm, spun Child #2 around causing the child to bump into a brown chair. Child #3 looked toward Staff #1, then pulled Child #2 by both arms. Child #2 dropped to the ground in the middle of the room while Child #3 attempted to pull Child #2 upright. Child #2 fell backwards, hitting their back and head on the wood flooring. Child #3 kneeled over Child #2 and pulled Child #2 upward by their right arm. Child #2 called out three times, including saying “Don’t” and “Get off”. Child #3 grabbed Child #2’s right arm, stood up, and attempted to drag Child #2 while the child was in a seated position on the floor. Child #3 turned around, grabbed both of Child #2’s arms, picked up Child #2 by the middle arms. Mid-way through, Child #2 leaned backwards and turned their body away from Child #3, causing both children to fall and for Child #2 to hit their head on the foam climbing mat. Child #2 cried out and attempted to swat Child #3 away. Child #3 hit Child #2 in the mid-section, and the children began to tussle on the ground. Child #2 cried out, and Child #3 lifted their right hand up in the air and brought it down on Child #2’s lower back, causing an audible smacking sound. Child #2 cried out, “Stop”, and Child #3 hit Child #2 on the left hip. Child #2 swatted Child #3 away, and Child #3 grabbed Child #2 by the left elbow and upper arm, and as Child #2 began to audibly cry, Child #3 leaned in and bit Child #2 on the left elbow area. Child #2 cried out loudly, and Staff #1 turned around to look at the children, after 1 minute and 23 seconds had elapsed. Child #3 ran away, hiding behind a shelf, while Child #2 lay crying in the middle of the classroom floor. Then Staff #1 took a child off the diaper surface, allowing the child to enter the activity area without washing the child’s hands. Staff #1 threw the diapering trash away, and walked over to Child #2 without washing her hands, picked up Child #2, and placed Child #2 on the unclean/unsantized diapering surface. Child #2 informed Staff #1 that Child #3 had bit them.”

AAC R9-5-503.C. C. A staff member who provides child care services to an infant: 1. May throughout the time the staff member provides child care services to the infant: a. Change the infant’s diaper, and b. Prepare the infant’s formula or cereal; and 2. Is prohibited from other food preparation after changing the infant’s diaper.

“Findings: Based on the Compliance Officers' observations and on a discussion with the Director and the infant room staff, the Compliance Officers observed a bottle stored on the newly installed double sink in the Infant room. The staff acknowledged that bottle prep is done in the second side of the diapering sink.”

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

“Findings: Per allegation and based on the Compliance Officers’ observations of the facility security footage for 11/6/23, Staff #1 did not supervise children in the 1-2’s Room at all times when she was not accountable for the actions of the children while she performed a diaper change. Child #1, #2, and #3 were not supervised for approximately 1 minute, 23 seconds while Staff #1 performed a diaper change with her back to the classroom and children. During this time frame, Child #3 grabbed, pulled, hit, and bit Child #2, and Staff #1 did not turn around from the diapering surface until Child #2 cried out audibly after they were bit. Child #2 had to inform Staff #1 that they had been bit by Child #3.”

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 and on a discussion with the Director, a baby bottle and a washcloth was observed stored on the newly installed double sink in the diapering area in the infant room.”

AAC R9-5-503.A.3. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 3. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled diapers; and

“Findings: Based on the Compliance Officers' observations and on a discussion with the Director, there were no lids on the soiled diaper containers in the newly installed pull out diapering drawers in the infant room, the beach room and the grassland room.”

AAC R9-5-503.A.4. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 4. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled clothing.

“Findings: Based on the Compliance Officers' observations and on a discussion with the Director, there were no lids on the soiled clothing containers in the newly installed pull out diapering drawers in the infant room, the beach room and the grassland room.”

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 Compliance Officer 1's review of Staff 1's file and a discussion with the Director, it was observed that the staff did not answer Question #2 on the criminal history affidavit.”

ARS § 36-882.M. M. The licensee shall notify the department in writing within ten days of any change in the child care facility's director.

“Findings: Based on the Compliance Officers' observations and on a discussion with the new Director (staff #2), the staff stated she started on 10/30/23, but the licensee failed to notify the Department in writing within ten days of the change in the child care facility's director.”