Kids Incorporated Learning Center

AAC R9-5-511.A.1.2.3.4.5. 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, 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; 5. Each cot, mat, or crib is maintained in a clean and repaired condition;

“Findings: Based on the Compliance Officer's observations, upon entering the Fours classroom, a child was observed sleeping on the padded bench in the cozy corner rather than a cot or mat as required.”

AAC R9-5-515.B. B. If an enrolled child exhibits signs of illness or infestation at a facility, a licensee shall ensure that a staff member: 1. Immediately separates the enrolled child from other enrolled children, 2. Immediately notifies the enrolled child’s parent by telephone or other expeditious means to arrange for the enrolled child’s removal from the facility, and 3. Maintains documentation of the notification on facility premises for 12 months after the date of the notification.

“Findings: Based on Staff statements and the Compliance Officer's observations, upon entering the Fours classroom, a child was observed sleeping on the padded bench in the cozy corner. Staff stated the child was sick, but remained in the classroom rather than being separated from the other children as required.”

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 Officer's observation, it was determined that upon arrival in the Twos/Threes classroom, the roster indicated 15 children, but there were 16 children present in the room.”

AAC R9-5-302. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following: 1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Guidelines for positive discipline reflective of age-appropriate methods for children that include clear, appropriate, consistent expectations; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services; and 19. Policies and procedures for suspension and expulsion of children to include clear, appropriate, consistent expectations, including suspension and expulsion prevention strategies.

“Per Allegation Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the statement of services lacked a statement that disenrollment would occur if an enrolled child was not potty trained by 4 years old.”

AAC R9-5-505.B. B. If applicable, a licensee providing child care services for 3-year-old, 4-year-old, and 5-year-old children shall consult with each enrolled child's parent to develop an individual plan for individual toilet training of the enrolled child and ensure that a staff member does not force toilet training on any enrolled child.

“Per Allegation case #00151303 and case #00151228 Findings: Based on facility documentation, staff statements, and the Compliance Officers' observations, an enrolled child's individualized toilet training plan was not followed. Staff stated that the child "won't be able to stay" " [They] are not potty-trained. We can't keep a potty-training 4 year-old in the Twos/Threes or a 4 year-old who's potty training in the Fours." The facility was provided a doctor's note and an Individualized Plan, but was requiring an IEP from a school district (per letter, undated and email dated 11/20/2025). Staff stated that up until 11/21/2025 the facility's plan was to disenroll.”

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 Compliance Officer #2's observation, it was determined that the medication for Child #1 lacked the 2nd dose of the medication as prescribed by the health care provider and dispensed by the pharmacy.”

AAC R9-5-502.C.1.d. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: d. Keeps dated, daily, documentation of each infant including: i. A description of any activities the infant participated in, ii. The infant’s food consumption, iii. Diaper changes, and iv. Tummy time;

“Findings: Based on Compliance Officer #1's observation, the Infant Room lacked dated, daily, documentation of tummy time.”

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

“Findings: Based on Compliance Officer #1's observation, the following hazards were accessible to enrolled children: One's Room and Two's Room: There were areas of chipped laminate exposing raw and splintering wood on the cubby shelves; and Two's/Three's Room: 2 of 6 shelves on the extra clothing storage shelves were missing the laminate side edging exposing raw wood.”

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 Compliance Officer #1's observation, 2 of the 6 infant feeding instructions lacked the following: Child #2 and Child #3: The time and frequency of feedings.”

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 #1's observation, in the Infant Room and One's Room, there was a build-up of a brown substance behind the diaper changing sink faucet.”

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

“Findings: Based on Compliance Officer #1's observation, the following diaper changing sink temperatures were not between 86°F and 110°F as required; Infant Room: The diaper-changing sink temperature was 116°F; Two's Room: The diaper-changing sink temperature was 121.6°F; and Two's/Three's Room: The diaper-changing sink temperature was 66.4°F.”

AAC R9-5-508.E. E. If a licensee plans and serves meals, the licensee shall ensure that the meals:1. Meet the age-appropriate nutritional requirements of an enrolled child; and 2. For each calendar week, provide a variety of foods within each food group from the meal pattern requirements.

“Per allegation finding: Based on facility documentation and the Compliance Officers' observations, it was determined that the licensee failed to serve a variety of food within each food group for each calendar week. The Facility application breakfast entries for the week of 07/08/2024 showed that pineapple was served 3 days in a row on 07/10/2024, 07/11/2024, and on 07/12/2024.”

AAC R9-5-509.C.18. C. A licensee shall ensure that:18. A staff member: a. Prepares a weekly menu at least one week in advance, b. Includes on the menu the specific foods to be served on each day, c. Dates each menu, d. Posts each menu at least one day before the first meal on the menu will be served, and e. Writes food substitutions on a posted menu no later than the morning of the day of meal service;

“Findings: Based on facility documentation and the Compliance Officers' observations, it was determined that food substitutions are not documented on the posted menu. The menu for the week of 07/08/2024 was compared to the facility application breakfast entries for the week of 07/08/2024 and pineapple was substituted for the posted menu items on 07/10/2024, 07/11/2024, and 07/12/2024.”

AAC R9-5-501.A.1. A. A licensee shall ensure that:1. In addition to complying with the requirements in this Chapter, the health, safety, or welfare of an enrolled child is not placed at risk of harm;

“Per allegation findings: Based on staff statements, facility documentation, and the Compliance Officers' observations, it was determined that the licensee failed to ensure the health, safety, or welfare of an enrolled child was not placed at risk of harm in the Twos/Threes classroom. An incident report dated 07/02/2024 stated that the enrolled child's skin was stained from an activity using food coloring mixed with shaving cream and a Magic Eraser was used to remove the stains. Staff stated the next day they saw marks on the child, in the area the Magic Eraser was used, and described it as looking like a rug burn.”

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 #2's observation, in the Infant room, a child was sleeping in a swing and was not moved to a crib once they fell asleep.”

AAC R9-5-301.F. F. A licensee shall ensure that a staff member submits, on or before the starting date of employment or volunteer services, one of the following as evidence of freedom from infectious active tuberculosis: 1. Documentation of a negative Mantoux skin test or other tuberculosis screening test recommended by the U.S. Centers for Disease Control and Prevention, administered within 12 months before the starting date of employment or volunteer service, that includes the date and the type of tuberculosis screening test; or 2. If the staff member has had a positive Mantoux skin test or other tuberculosis screening test, a written statement that the staff member is free from infectious active tuberculosis that is signed and dated by a health care provider within six months before the starting date of employment or volunteer service.

“Findings: Based on facility documentation and Compliance Officer #1's observation, it was determined that the Mantoux skin test for Staff #1 (start date 03/05/2024) was administered on 03/10/2022 and not within 12 months before the starting date of employment as required.”

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

“Per Allegation Findings: Based on the Compliance Officers' observations, upon arrival in the Twos/Threes classroom, staff members failed to supervise enrolled children at all times. There were 4 staff members to 25 children, one staff member was on the carpet with 13 children, one staff member was positioned near the toilet room, one staff member was cleaning tables from a water activity, and the remaining staff member was walking around the perimeter of the room. The children on the carpet were standing and milling around, when 2 children laid down and began kicking each other’s legs. The 2 children moved in closer and began kicking toward each other’s groin area, then they grabbed and pulled on each other’s ears, without any staff member intervening to stop the behavior. The 2 children’s rough-housing continued to escalate when the staff member positioned in the toilet room came out and stopped it.”

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 Officer's observation, upon entering the Twos classroom, the roster indicated 18 children, but there were 16 children present in the room. Upon entering the Fours/Fives classroom, the roster indicated 13 children, but there were 14 children present in the room.”

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 the Compliance Officer's observation, it was determined that the file for Staff #1 (start date 11/27/2023), lacked a DCS Central Registry Clearance Form (dated 11/29/2023) that was completed prior to the staff's start date as required. Refer to R9-5-203.G, form submittal.”

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 a current violation-free fire inspection report as required. The fire inspection on file expired on 12/21/2023.”

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

“Findings: Based on the Compliance Officer's observation, in the Threes classroom, there was cracked splintered wood on the right corner of the first plank of the platform and accessible to enrolled children. There was peeling vinyl with exposed foam on the arms of the brown couch in the reading center and accessible to enrolled children.”

AAC R9-5-516.B.1. B. If prescription or nonprescription medications are administered, a licensee shall ensure that: 1. A facility director, or a staff member designated in writing by the facility director, is responsible for the administration of all medications in the facility, including storing, supervising an enrolled child’s ingestion of a medication, and documenting all medications administered to an enrolled child;

“Findings: Based on the Compliance Officer's observation and review of facility documentation, it was determined that there was no one designated in writing to be responsible for the administration of all medications in the facility.”

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 Officer's observation, in the outdoor activity area, there were sections of thatch tiles separating away from or missing on both of the gazebo roofs.”