Kidspark

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, the licensed Capacity of the Main room (44) was not posted in the activity area. Instead, the capacity was posted in the foyer entrance on the parent posting board.”

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

“Findings: Per allegation Findings: Based on the Compliance Officer's interview with staff and on a review of the staff attendance records and rosters and child emergency information cards to determine the child's Date of birth, it was determined that ratios were not maintained at all times on the following days: *10/24/25- A ratio of 2:21 (youngest child in the group 2 years old- Child #1); and *11/10/25- A ratio of 2:25 (youngest child in the group 2 years old- Child #2).”

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 Officer's observation, in the Main activity area, 2 uncovered outlets near the counter area, that is located near the kitchen and 1 uncovered outlet on the wall near the art paper rolls were not covered with a safety plug or insert.”

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 an Emergency, Information, and Immunization Record that is no more than a two-page written notice, and is signed by the enrolled child’s parent containing: 1. The child’s name, home address, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, email address, and 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 the nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(14); 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 review of Child Information and Emergency cards, the following cards lacked required information: *Children #3, #4 and #5 -The child’s date of enrollment and the name of the individual to contact first in case of emergency; and *Child #6- The child’s date of enrollment, the name of the individual to contact first in case of emergency and the name and telephone number of a second emergency contact. Note: The individual listed as the second emergency contact was the child's second parent, rather than the name and telephone number of an additional individual who is not the child's parent.”

AAC R9-5-501.A.18. A. A licensee shall ensure that: 18. 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 Officer's observation, in the licensed standalone bathroom, numerous bottles of cleaning chemicals, including bleach, were stored on the floor and on a shelving unit, and the chemicals were accessible to children.”

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 the Compliance Officer's review of Staff #1's file (DOE 9/17/25), the file lacked a copy of Staff #1's fingerprint clearance card. NOTE: Per the DPS website, it was determined that Staff #1 has a valid fingerprint clearance card that expires on 9/12/31.”

AAC R9-5-514. H. H. If an enrolled child’s parent informs a staff member at the facility that the enrolled child’s parent obtained medical treatment from a health care provider for an accident, serious physical injury, or emergency the enrolled child had while attending the facility, a licensee shall ensure that a staff member: 1. Documents any information about the enrolled child’s accident, serious physical injury, or emergency received from the enrolled child’s parent; and 2. Maintains documentation required in subsection (G)(1) on facility premises for 12 months after the date of the child’s disenrollment.

“Findings: Based on the Compliance Officer's review of the injury log and injury documentation and on a discussion with staff, it was determined that an Incident occurred on 11/18/25, when a child collided with another child, hitting each other's heads. One of the child's face around their eye became bruised after the incident. The parent later took the child to receive medical attention and X-rays and informed the facility that the child had received outside medical attention. The facility failed to document the outside medical attention that the child received once the parent had informed the facility.”

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 child educator 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 if working with enrolled children five years old and younger, or three months of child care experience if working with school-aged children; 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 #1's file (DOE 9/17/25- who was hired as a Child Educator and was working as a Child Educator at the time of the inspection), the file contained documentation of a high school diploma but contained documentation of only 3 of the 6 months of required childcare experience.”

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 child educator 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 review of Staff #1's file (DOE 9/17/25), Staff #1 was hired as and was working as a Child Educator at the time of the inspection. Based on a review of Staff #1's file, Staff#1 does not meet the qualifications of a Child Educator and was working alone and unsupervised at the time of the inspection.”

AAC R9-5-510.A.1. A. A staff member shall provide guidance to help children respond to difficult situations. To develop self-regulation, children should receive adult support that is individual to the child and adapts as the child develops internal controls. This process should include: 1. Forming a positive relationship with the child, which occurs when the adult spends time talking to the child, listening to the child, following the child’s lead, playing with the child, and responding to the child’s needs; 2. Base expectations on the child’s developmental level; 3. Establishing and being proactive in teaching and supporting children in learning simple rules; 4. Modifying the learning/play environment to support the child’s appropriate behavior; 5. Creating a predictable daily routine and schedule; 6. Modeling desired behavior; 7. Showing children positive alternatives; 8.Using deliberate redirection, the staff member should encourage the child to use appropriate behavior, and provide positive feedback when the child exhibits the behavior; 9. Individualized positive discipline strategies based on the individual needs of children, such as using a buddy system, individualized schedule, special break, or another applicable positive discipline strategy; and 10. If applicable, a licensee shall develop a written plan with the enrolled child's parent to provide individualized social and emotional intervention supports for the enrolled child that includes methods for understanding the enrolled child's behavior, and developing, adopting, and implementing a team-based positive behavior support plan.

“Findings: Per allegation Based on the Compliance Officer's interview with staff, it was determined that a staff member did not model desired behavior and did not show children positive alternatives. Staff stated a staff member was "verbally aggressive towards children, sternly telling them to "sit down". Statements that the staff said the (alleged staff) said to children include: "There's no crying"; and "We don't allow crying".”

AAC R9-5-404.C.2. C. A licensee shall ensure that when there are: 2. Five or fewer enrolled children are present in a facility, the facility director or director’s designee who meets the requirements in R9-5-401 is present in the facility, and an additional staff member is available by telephone or other equally expeditious means and able to reach the facility within 15 minutes after notification; and

“Findings: Based on the Compliance Officer's observation and on a discussion with staff, when the Compliance Officer arrived at the facility, there was 1 child on premises and only one staff (Staff #1). Staff #1 stated that neither the Director nor an Assistant Director was on site and stated the Director would be arriving later.”

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 staff statement, enrolled children were not supervised at all times when Child #1 entered the same toilet room stall as other enrolled children. Staff stated the following: *They play around a lot in the bathroom, sometimes they crawl under the stalls. *Sometimes there's issues with younger children going under the stalls. *There was an incident with (Child #1) in the same stall as (Child #2). *They saw the feet of the (Child #1 and Child #3) under the stall. She was like "no, no!" and when staff opened the stall they said they were playing.”

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 the Compliance Officer's review of the City of Phoenix fire inspection permit, the permit had expired on 11/18/24 and was not current.”

AAC R9-5-306.A. A. A licensee shall maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release of the enrolled child. 1. Except as provided in subsection (A)(2), a licensee shall ensure that the attendance form is signed with at least a first initial of an individual’s first name and the individual’s last name by each enrolled child’s parent or individual designated by the enrolled child’s parent, each time the enrolled child is admitted or released. 2. An electronic fingerprint verification or an electronic signature may be used in place of a signature of the enrolled child’s parent or designated individual to admit or release the enrolled child. 3. If an electronic signature is used to admit or release the enrolled child, the licensee shall adopt policies and procedures to ensure that the individual whose signature the electronic or digital method of identification represents is accountable for the use of the electronic or digital method; 4. A licensee shall develop, document, and implement policies and procedures to ensure that the identity of an individual is known to the staff member or is verified with picture identification before releasing an enrolled child to the individual. 5. A licensee shall not release the enrolled child to an individual other than the enrolled child’s parent or other individual designated in writing by the enrolled child’s parent except when the enrolled child’s parent is unable to collect the enrolled child and authorizes the licensee by telephone to release the enrolled child to an individual not so designated. a. The licensee shall verify the telephone authorization using a means of verification that has been agreed upon between the licensee and the enrolled child’s parent at the time of enrollment. b. The licensee shall document the means of verification in subsection (A)(5)(a) on the enrolled child’s Emergency, Information, and Immunization Record card. 6. A licensee shall not permit the self-admission or self-release of an enrolled child unless the enrolled child is of school age and the licensee has obtained and verified written permission from the enrolled child’s parent. 7. A licensee shall maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on the Compliance Officer's review of 10 children's attendance records, 4 of the attendance records lacked the following: 1) Child 1- there was not a release signature on 7/1/24; 2) Child 2- there was not a release signature on 1/2/25 and the individual signed the child in with their initials only, rather than a full signature; 3) Child 3- there was not a release signature on 1/15/25; and 4) Child 4 On 1/1025, 1/14/25, 1/15/25, and 1/16/25 the individual signed the child in and out with their initials only, rather than a full signature.”

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, the top of the child’s white picnic table in the outdoor playground area was covered in a layer of dirt and mud smears.”

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 the Compliance Officer's review of children's files, the files for Children 5, 7 and 8 lacked either a copy of the child's immunization record or a signed religious or medical exemption.”

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: Per allegation and based on staff statements, staff members failed to define and maintain consistent and reasonable guidelines and limitations for an enrolled child's behavior. Staff stated the following: *Bullying has happened. *The bigger kids call other children names. *Some of the children scream and yell at other children.”

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 documentation and the Compliance Officer's observation, there were 13 children present and 12 children were marked on the roster.”

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 observations of the outdoor activity area, the following hazards were accessible to enrolled children: *There was peeling paint on a long cover laying on the ground. *There were unraveled hoses on the ground.”

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 observations, the following was not maintained in a clean condition on the Playground: *There was a dried green substance on the tall water fountain. *There was dirt and debris on 2 Step 2 water tables, on a 3 tiered wooden shelf, and on a wooden stove.”

AAC R9-5-512.D. D. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

“Findings: Based on the Compliance Officer's observations of the toilet room, 2 of 4 toilets had discolored and cracked caulking at the base of the toilets.”

AAC R9-5-512.C. C. A licensee shall ensure that floor coverings are:1. Clean; and 2. Free from: a. Dampness, b. Odors, and c. Hazards.

“Findings: Based on the Compliance Officer's observations, in the Main room the following was not maintained in a clean condition: *There were discolored stains on the hand/footprint rug. *There was dirt and debris on the blue rubber mat crevices in front of the end of the blue slide. *There was a dark discolored stain on the rug near the entry gate.”

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 observations, the diaper changing area was not seamless and smooth. There was a sticker on the long side of the diaper surface.”

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 Officer's observations, the following hazards were accessible to enrolled children: Main room: *There was exposed wood on a wooden cube. *There was peeling paint on the baseboard on the lower left side inside the playhouse. *There was exposed wood on the top section of the lower 1/2 door to the kitchen. * There was exposed drywall on the yellow wall. *There was dried paint smears on the yellow wall behind the white cubby near the sink. Blue Crew room: *There was exposed wood on the side of the Lego table. *There was cracked plastic on 2 blue toy tubs. *There was exposed drywall on the bottom section of a green wall. *There was exposed wood on 1/4 of the top surface of a round table. *There was an exposed screw on the side of the foozball table, and the circle areas had exposed wood on the top of the table. *There was exposed wood on a broken section of the formica near the entry door.”

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 observations, the Licensee lacked documentation of a violation-free fire inspection report. The inspection report dated 1.26.2024 contained violations.”

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 the Compliance Officer's observations, the Licensee had a waiver of liability included in the enrollment packet.”

AAC R9-5-306.A. A. A licensee shall maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release of the enrolled child. 1. Except as provided in subsection (A)(2), a licensee shall ensure that the attendance form is signed with at least a first initial of an individual’s first name and the individual’s last name by each enrolled child’s parent or individual designated by the enrolled child’s parent, each time the enrolled child is admitted or released. 2. An electronic fingerprint verification or an electronic signature may be used in place of a signature of the enrolled child’s parent or designated individual to admit or release the enrolled child. 3. If an electronic signature is used to admit or release the enrolled child, the licensee shall adopt policies and procedures to ensure that the individual whose signature the electronic or digital method of identification represents is accountable for the use of the electronic or digital method; 4. A licensee shall develop, document, and implement policies and procedures to ensure that the identity of an individual is known to the staff member or is verified with picture identification before releasing an enrolled child to the individual. 5. A licensee shall not release the enrolled child to an individual other than the enrolled child’s parent or other individual designated in writing by the enrolled child’s parent except when the enrolled child’s parent is unable to collect the enrolled child and authorizes the licensee by telephone to release the enrolled child to an individual not so designated. a. The licensee shall verify the telephone authorization using a means of verification that has been agreed upon between the licensee and the enrolled child’s parent at the time of enrollment. b. The licensee shall document the means of verification in subsection (A)(5)(a) on the enrolled child’s Emergency, Information, and Immunization Record card. 6. A licensee shall not permit the self-admission or self-release of an enrolled child unless the enrolled child is of school age and the licensee has obtained and verified written permission from the enrolled child’s parent. 7. A licensee shall maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on facility documentation and the Compliance Officer's observations, it was determined that 11 out of 36 enrolled children's attendance forms reviewed lacked the following required information: Child #1: A complete arrival signature on 2/1/2024. Child #4: Time of departure on 2/1/2024. Child #5 & Child #6: signed in with 1 signature on 2/1/2024. Child #7, Child #8, & Child #9: listed by their first name only, signed in with 1 signature and no time of arrival on 2/1/2024. Child #10 & Child #11: signed in with 1 signature on 1/31/2024. Child #12 & Child #13: arrival signature on 2/1/2024.”

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 observations of 12 Children's Record cards, Child #1, Child #2, & Child #3 lacked written immunization record or exemption affidavits.”

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 of the outdoor activity area, there was a turquoise teeter totter and a blue/white and pink slide with a swing on Astro turf that lacked shock-absorbing material to offer a resilient surface.”