Kids Play Learning Center #4

AAC R9-5-502.C.1.lk. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: k. 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, the written dietary instructions for Child #1 and Child #2 lacked a schedule documenting when and how much to feed the Infants.”

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 observation, the prescription medication for Child #3 lacked the container dispensed by a pharmacy.”

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

“Findings: Based on the Compliance Officer's observation, staff failed to supervise enrolled children at all times. Children were observed leaving the playground and entering the classroom while, the teacher remained outside.”

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 the Compliance Officer's observation and facility documentation, the Emergency, Information, Immunization Record card for Child #1 lacked the name and contact telephone number of the second individual 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.”

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

“Findings: Based on the Compliance Officer's observation, in the School-Age room, there were 13 children present and 0 documented on a roster. Upon the arrival of the Compliance Officer, the school-age room lacked a roster documenting the presence of enrolled children in the activity area.”

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 observation, the files for Staff #1 and Staff #2 lacked education documents to qualify as a teacher caregiver: Staff #1 (DOE 8/3/2021): The translated international education document in the file was not evaluated as equivalent or higher to a high school diploma from the United States. Staff #1 was working in the School-Age Room and then the Toddler Room as a teacher-caregiver; and Staff #2 (DOE 6/23/2023): Lacked high school transcripts with a graduation date. The Transcripts in the file did not show enrollment past the first term of Grade 11.”

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 observations, the following items lacked a label of the child's first and last name as required: Toddler Room: *1 Aquaphor, 1 diaper cream, and 1 Bag Balm were labeled with the child's first name only; and *1 Balmex diaper cream was labeled with the child's first name and last initial.”

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 observation and facility documentation, the files for Staff #1 (DOE 8/3/2021), Staff #3 (DOE 9/2/2002), and Staff #4 (DOE 7/5/2017) lacked 18 hours of annual training as required: Staff #1 (DOE 8/3/2021): Lacked 8.5 hours of the required 18 hours of annual training for 8/3/2023-8/3/2024; Staff #3 (DOE 9/2/2002): Lacked 6.5 hours of the required 18 hours of annual training for 9/2/2023-9/2/2024; and Staff #4 (DOE 7/5/2017): Lacked 9.5 hours of the required 18 hours of annual training for 7/5/2023-7/5/2024).”

AAC R9-5-501.C.5. C. A licensee shall ensure that a staff member:5. Except as provided in subsection (D), prepares and posts a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Findings: Based on the Compliance Officer's observation, the Pre-K Room, School-Age Room, and Toddler Room lacked a posted lesson plan.”

AAC R9-5-601.4. A licensee shall comply with the following physical plant requirements:4. Except as provided in subsection (5), when providing child care services for infants or children who require diapering, a diaper changing area that meets the requirements in R9-5-503 is available in each infant room or indoor activity area used by an enrolled infant or child who wears diapers or disposable training pants;

“Findings: Based on the Compliance Officer's observations, a one-year-old was present in the Pre-K room, which lacked a diaper-changing area.”

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

“Findings: Based on the Compliance Officer's observations, the fire extinguishers were last serviced in August 2023.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Based on the Compliance Officer's observation, upon the arrival of the Compliance Officer in the Pre-K room, the ratio was 1:17 with a 1-year old present.”

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 Compliance Officer #1’s observation, a one-year-old was placed in the Infant room with a group of Infants, there were 24 children present at this time.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Based on facility documentation and Compliance Officer #2’s observation, the ratio in the 1’s and 2’s classroom was 1:8 instead of 2:8 as required for 1-year-old children.”

AAC R9-5-502.B.4. B. A licensee providing child care services for infants shall not: 4. Allow screen time in an infant room.

“Findings: Based on Compliance Officer #1’s observation, in the Infant room, there was a video playing with 3 Infants watching.”

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 lacked documentation of the DCS Registry form.”

AAC R9-5-203.C. C. Except as provided in A.R.S. § 41-1758.03, a licensee shall ensure that each staff member, before starting date of employment or volunteer service, submits to the licensee a copy of the staff member’s valid fingerprint clearance card,front and back, issued under A.R.S. Title 41, Chapter 12, Article 3.1.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the file for Staff #1 lacked documentation of a copy of a valid fingerprint 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 file for Staff #2 lacked documentation of the submitted DCS Registry form.”

AAC R9-5-301.D. D. A licensee shall ensure that the following individuals are allowed immediate access to facility premises during hours of operation: 1. A parent of an enrolled child or an individual designated in writing by the parent of an enrolled child; or 2. A representative of: a. The Department, b. The local health department, c. Arizona Department of Child Safety, or d. The local fire department or State Fire Marshal.

“Findings: Based on the Compliance Officer's observation, when the director and Compliance Officer stepped outside to check the vans for compliance a parent was not allowed immediate access. The front door was locked so the director had to call a teacher from another classroom to let the parent in.”

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 the Compliance Officer’s observation, it was determined that the Mantoux skin test for Staff #1 was not administered on or before the starting date of employment (Date of employment- 11/08/2023, date of TB test- 7/19/2019).”

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 #1 lacked documentation for the 10-day training for new staff members (Start date-11/08/2023).”

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 Officer’s observation, it was determined that the School-age classroom lacked documentation of a current lesson plan.”

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 observations, in the Toddler classroom, there were 3 diaper creams that lacked the enrolled child's first and last name.”

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 Officer's observation and staff statements, in the Infant room, an infant was sleeping in their car seat. Staff stated, they placed the infant back in the car seat after they fell asleep.”

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, in the Infant room, the temperature of the diaper changing sink was 116 F. rather than 86 F to 110 F as required.”

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 Officer’s observation. In the Toddler classroom, the soiled diaper container lacked a water proof liner.”

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, in the Toddler classroom, the diaper changing container was on the floor next to the diaper changing table accessible to enrolled children.”

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, it was determined that the file for Staff #1 lacked documentation of the Criminal History Affidavit.”

AAC R9-5-510.B.4. B. A licensee shall ensure that a staff member does not use or permit:4. Discipline associated with: a. Eating, napping, sleeping, or toileting; b. Medication; or c. Mechanical restraint; or

“Findings: Based on the Compliance Officer's observation and staff statements, in the Toddler room, a child was sitting in an empty highchair and 3 other children sitting at a table looking at flashcards with the teacher. Staff stated, the child was placed in the highchair because they were hitting other children. The teacher placed them in there so the children would keep their hands off other children.”

AAC R9-5-514. D. D. A licensee shall post, near an activity area or a room's designated exit, a building evacuation plan that details the designated exits from the activity area or room and the facility.

“Findings Based on facility documentation and the Compliance Officer’s observation, the School-age classroom lacked a posted building evacuation plan that details the designated exits from the activity area and facility by the designated exit.”

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

“Findings: Based on the Compliance Officer’s observation, it was determined that the heating system of vehicle CF22711 was not working properly and not blowing air.”

AAC R9-5-517.A.10. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:10. Ensure that the motor vehicle is: a. Maintained in a clean condition, b. In a mechanically safe condition, and c. Free from hazards; and

“Findings: Based on the Compliance Officer’s observations, the following vehicles were not maintained in a clean condition and free of hazards: Vehicles CJ53667: *There was a dirt build-up on the floor. *There were multiple stains of various sizes on the front seat. Vehicle CF22711: *There was a build-up of sand and trash on the floor. *There were 3 rectangular 4-inch holes on the side under the window next to the front seat.”

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, the following hazard was accessible to enrolled children: *There was cracked plastic with exposed sharp edges on the 4 seats of the teeter-totter.”

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

“Findings: Based on the Compliance Officer’s observations, the outdoor activity area lacked the following resilient surfacing: *2 of the required 6 inches of pebbles in the fall zones of the swings and yellow tire. *1 of the required 6 inches of pebbles in the fall zones of the blue slide and red climber.”

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

“Findings: Based on the Compliance Officer’s observation, on the playground, the emergency exit gate on the South side was padlocked shut.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the file for Staff #1 (Date of employment-11/08/2023) lacked documentation of a valid fingerprint clearance card. DPS Application was received-11-21-2023, and the Fingerprint Clearance Card was Issued-12-1-2023.”

AAC R9-5-501.A.2. A. A licensee shall ensure that: 2. Except for an enrolled school-age child, drinking water is provided sufficient for the needs of and accessible to each enrolled child in both indoor and outdoor activity areas;

“Findings: Based on the Compliance Officer’s observation, the Toddler classroom lacked drinking water for enrolled children.”