Kinder Academy

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, it was determined that the ratio is the 2's classroom was 1:12 instead of the required ratio of 2:12.”

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, it was determined that there was a tube of bubbles and a trash can on the diaper changing surface in the 2's classroom.”

AAC R9-5-401.2. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility: 2. A facility director’s designee is 21 years of age or older and provides the licensee with documentation of one of the following: a. At least 12 months of child care experience, a high school or high school equivalency diploma, and: i. Three credit hours or more in early childhood, child development, or a closely-related field from an accredited college or university, or ii. At least 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field;b. At least 12 months of child care experience and: i. An N.A.C., C.D.A., or C.C.P. credential; or ii At least 24 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; c. At least six months of child care experience and an associate degree from an accredited college or university in early childhood, child development, or a closely-related field; or d. At least three months of child care experience and a bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field;

“Per allegation findings: Based on the Compliance Officer's observation and review of facility documentation, it was determined that the file for Staff #1 who was listed as a designee lacked documentation of education to qualify the staff as a designee. The education was from a foreign country and was not evaluated to verify that it was equivalent to at least a high school diploma in the United States.”

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 Officers' observations, it was determined that the file for Staff #1 (no file available for review) lacked documentation of the DCS Registry.”

AAC R9-5-208.B. B. At least 30 calendar days before the date of an intended change in a facility’s service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the intended change to the Department that includes: 1. The licensee’s name; 2. The facility’s name, street address, city, state, zip code, mailing address, and telephone number; 3. The name, telephone number, and fax number of a point of contact for the request; 4. The facility’s license number; 5. The type of change intended: a. Service classification, b. Space utilization, or c. Licensed capacity; 6. A narrative description of the intended change; and 7. The following additional information as applicable, if the intended change: a. Affects individual rooms, the following information about each affected activity area, as applicable: i. Identification of the activity area, ii. Current and intended square footage, iii. Current and intended operating hours, iv. Current and intended service classification, v. Current and intended licensed capacity, and vi. Whether the activity area has or will have a diaper changing area; b. Is to increase licensed capacity, the square footage of the outdoor activity area; and c. Includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable, if the facility is: i. Not located in a public school or if providing child care services to infants, one-year-old children, or two-year-old children in a facility located in a public school, the information required in R9-5-201(A)(5)(g) and (A)(5)(h) showing the intended change; or ii. Located in a public school and provides child care only for three-year-old, four-year-old, or five-year-old, or school-age children, a set of final construction drawings or a school map, including the information required in R9-5-201(5)(j) showing the intended change.

“Findings: Based on the Compliance Officers’ observations, the Infant room had a baby gate separating the sleeping area from the rest of the room, creating 2 rooms.”

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 4’s classroom the roster reflected 14 children, with 15 children present.”

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 facility documentation and the Compliance Officers' observations, it was determined that Staff #1 was working as a child educator at the time of the inspection in the School-age room. Staff #1 was not qualified because Staff #1 lacked a file to view at the time of the inspection.”

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

“Findings: Based on facility documentation and the Compliance Officers' observations, it was determined that Staff #1 lacked a staff file to view at the time of the inspection.”

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 Officers' observations, it was determined that Staff #1 (no file available for review) lacked documentation of a valid fingerprint clearance card.”

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 positive discipline, including separation; 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; 17. Field trip procedures, if applicable; 18. Infant tummy time, if applicable; 19. Prevention of sudden infant death syndrome and use of safe sleeping practices, if applicable; and 20. Prevention of shaken baby syndrome, pediatric abusive head trauma, and child maltreatment.

“Findings: Based on facility documentation and the Compliance Officers' observations, it was determined that Staff #1 (no file available to review) lacked documentation for the 10-day training for new staff members.”

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 video and the Compliance Officers' observations, the ratio in the 4's Classroom on 7/7/2026 was 1:15 instead of 2:15 as required for 3-year-old children.”

AAC R9-5-404.C.3. C. A licensee shall ensure that when there are: 3. Six or more enrolled children are present in a facility, an infant is not placed for supervision with a child who is not an infant.

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

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

“Findings: Based on staff statement and the Compliance Officers' observations, the health, safety and welfare of enrolled children was placed at risk of harm. A child received marks on their arm when Staff #2 aggressively grabbed them multiple times. Staff statement: *The teacher left marks on the child's arm. *The teacher was fired because there were marks on the child. *The teacher's actions did not align with our policies.”

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. The use of physical punishment including: a. Hitting, spanking, shaking, slapping, twisting, pulling, squeezing, or biting; b. Demanding excessive physical excercise or excessive rest; and c. Forcing a child to eat or consume soap, food, or foreign substances;

“Per allegation Findings: Based on staff statement, video and the Compliance Officers' observations, Staff #2 failed to maintain personal control and used physical punishment towards enrolled children. Staff #2 aggressively grabbed a child by the arm multiple times and left marks on them. Staff statement: *The teacher left marks on the child's arm. *The teacher was fired because there were marks on the child. *The teacher's actions did not align with our policies. Video footage: *The teacher walks over and grabs the child aggressively and pulls them away from the center. *The teacher walks over to the child and aggressively grabs their arm and walks them to the calming area. The child rubs their arm once the teacher releases it. *The teacher bends down and gets in the child's face. The teacher stands back up and grabs the child by the arm and pulls them to the corner. The teacher tries to force the child to sit, but they refuse. The child got up and stepped away from the teacher. The teacher walked over and addressed the child in an aggressive manner. *The teacher grabs the child's arm and gets in their face. The child is struggling to get the teacher to let go of them. The teacher lets go and walks away.”

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 Officers' observations, it was determined that Staff #1 (no file available for review) lacked documentation of a Criminal History Affidavit.”

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

“Findings: Based on Compliance Officer's observation, the following hazards were present on the playground: *There was a scooter that was missing a rear wheel lying adjacent to the wall. *There were three, large metal poles from the swing set lying on the floor, adjacent to the wall.”

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's observation the paper towel dispensers were empty in both the Infant and 2's diaper changing areas.”

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

“Findings: Based on Compliance Officer's observation, there were wooden cabinets in the 2's classroom that presented a tipping hazard.”

AAC R9-5-503.D. D. A licensee shall ensure that the written diaper changing procedure in subsection (C) states that an enrolled child’s diaper is changed as soon as it is soiled, and that a staff member, when diapering: 1. Uses a separate washcloth and towel only once for each enrolled child; 2. Washes and dries the enrolled child using the enrolled child’s individual personal products labeled with the enrolled child’s name; 3. Uses single-use non-porous gloves; 4. Washes the staff member’s own hands with soap and running water between 86° F and 110° F before and after each diaper change; 5. Washes each enrolled child’s hands with soap and running water between 86° F and 110° F after each diaper change; 6. Cleans, sanitizes, and dries the diaper changing surface following each diaper change; and 7. Uses single-use paper towels from a dispenser to dry the diaper changing surface or the hands of the enrolled child or staff member.

“Findings: Per allegation, based on facility documentation and staff statements, an enrolled child’s diaper was not changed as soon as it was soiled. The facility lacked documentation of when the child’s diaper changed on that day. Staff stated the following: *The parent picked the child up around 530 and they were still in the diaper from nap. *The staff took the child to the potty after nap but forgot to change the diaper. *The diaper was changed after the parent brought the child back to the classroom and it was very saturated. It was not leaking onto the pants but it was very full.”

AAC R9-5-203.G. G. As 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 #1 (DOE: 10/17/2024) lacked documentation that the Central Registry Clearance Form had been submitted.”

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 facility documentation and the Compliance Officer's observation, Child #1 (Enrollment Date: 03/09/2026) lacked documentation of an Emergency, Information, and Immunization Record Card 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 video review, digital photo, and staff statements, Staff #1 did not model desired behavior or encourage the use of appropriate behavior when Child #1 escaped from the classroom. Video evidence showed that Staff #1 pulled Child #1's shirt from behind while standing in the classroom's threshold before Child #1 crawled further away from the classroom entrance. Staff #1 attempted to pull the child by both arms before dragging them by their left arm. The child managed to roll onto their stomach, and Staff #1 proceeded to grab the child from under both arms and drag them back into the classroom. The digital photo of the child's arm shows red marks on the forearm that are consistent with where the Staff grabbed the child. Staff stated the following: *I tried to grab (them) from behind. *The video does show the staff grab one arm, and that could be when the scratch happened *The facility director did see the scratch after the child escaped from the classroom *The parent contacted me about the scratch and stated the child's sibling said the staff made the scratch *Staff #1's nails were a little longer than they are today”

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, Staff #1 (DOE: 10/17/2024) lacked a valid fingerprint clearance card before their start date. The card was issued on 10/30/2024.”

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 facility documentation, staff statements, and the Compliance Officer's observation, the facility failed to arrange the removal of an enrolled child who showed signs of illness. The review of ProCare text messages with the parent confirmed that the parent was not asked to pick up the child. Staff stated the following: *I did not text the mother to pick up the child. I did text that they vomited after naptime and they didn't have a fever yet. *The child vomited 5 times until it was just water coming out. *I did not call mom. *I don't have any documentation that shows we asked the mom to pick-up.”

AAC R9-5-515.A. A. A licensee shall not permit an enrolled child to remain at the facility if a staff member determines that the enrolled child shows signs of illness or infestation.

“Findings: Per allegation, based on the facility documentation, staff statements, and the Compliance Officer's observation, an enrolled child remained at the facility after showing signs of illness. The ProCare application documented that an enrolled child vomited at 2:48pm, and the child's attendance record showed a release time of 5:00pm. Staff stated the following: *We didn't ask the parent to pick up the child. *The child vomited several times in a two hour period.”

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 COs' observations, the following classrooms did not maintain staff-to-child ratio at all times: *Infant room: The ratio was 1:9 instead of 2:9 as required when infants are present *Sprouts (1s) classroom: The ratio was 1:13 instead of 2:13 as required when 1-year-old children are present *Treehouse (3s) classroom: The ratio was 0:1 when one child was sleeping alone in the hallway *Tumbleweed (4s-5s) classroom: The ratio was 1:17 instead of 2:17 as required when 4-year-old children are present *Previously cited: 2/21/2023 and 5/29/2024”

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 CO's observation, Staff #1's (DOE: 5/19/2025) Criminal History Affidavit lacked an answer to 3 out of the 4 questions.”

AAC R9-5-203.D. D. A licensee shall ensure that each staff member submits to the licensee a copy of the staff member’s valid fingerprint clearance card each time the fingerprint clearance card is issued or renewed every six years.

“Findings: Based on facility documentation and the CO's observation, Staff #3's (DOE 2/19/2019) fingerprint clearance card expired on 10/16/2023 and the new card was issued on 4/25/2024.”

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;

“Findings: Based on the COs’ observations, the health, safety, or welfare of enrolled children were placed at risk of harm when a child was alone and sleeping in the hallway outside of the Treehouse (3s) classroom. There were sleeping children whose faces were covered with a blanket in the following classrooms: *Treehouse (3s): There were 4 sleeping faces covered *Treehouse (3s) Hallway: There was 1 sleeping face covered *Evergreen 1 (3s): There was 1 sleeping face covered *Previously cited: 2/21/2023”

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 (CO's) observation, the files for Staff #1 (DOE 05/19/2025) and Staff #2 (DOE 2/27/2025) lacked a copy of the front and the back of the fingerprint clearance card.”

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 COs’ observations the following hazards were accessible to enrolled children: *In the Evergreen 2 (4s) classroom, there was exposed splintery wood at the base of the cabinet and there was standing water located at the base of the toilet. *In the School Age room, there was an outlet that lacked a faceplate located on the South wall.”

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

“Findings: Based on the CO's observation, there was an enrolled child alone and unsupervised sleeping on a cot located in the hallway next to the 3's classroom door. *Previously cited: 2/21/2023”

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 CO's observation, in the Sprouts 2 (2s) classroom, there was a dime sized hole located on the diaper changing surface near the handwashing sink.”

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 CO's observation, the posted menu lacked a date.”

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 CO's observation, in the School Age restroom, there was feces located in an unflushed toilet and on the toilet seat.”

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 facility documentation and the CO's observation, Staff #3 (DOE 2/19/2019) lacked 8 of the 18 required training hours for the period of 2/19/2024-2/19/2025.”

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 CO's observation, 5 out of 10 children's attendance records reviewed lacked the following information: *Child #1: The admission time and signature on 5/8/2025 *Child #2 and Child #3: The first initial and last name of the parent for the month of May 2025 (Initial Only) *Child #4: The release time and signature for 5/14/2025 and 5/15/2025 *Child #5: The release time and signature for 5/8/2025”

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 CO's observation, Staff # 4 lacked a Mantoux skin test before their starting date of employment (DOE 3/5/2025, TB read: 5/19/2025)”

AAC R9-5-517.B.3. B. A licensee shall ensure that an individual who drives a motor vehicle used to transport an enrolled child:3. Carries a list stating the name of each enrolled child being transported and a copy of each enrolled child’s Emergency, Information, and Immunization Record card including the attached immunization record or exemption affidavit, in the motor vehicle;

“Findings: Based on facility documentation and the CO's observations, 3 out of 10 reviewed Emergency, Information, and Immunization Record cards in the motor vehicle lacked the back page of the form.”

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 CO’s observation, in the outdoor activity area, the following hazards were accessible to enrolled children: *There was exposed concrete mix in torn bags that were stacked near the West wall. *There were several holes with exposed ground cover located throughout the turf.”

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 CO's observation, there was an enrolled child alone in the front lobby. The staff to child ratio was observed at 0:1 instead of the required 1:1.”

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

“Findings: Based on facility documentation and the CO's observation, Staff #1 lacked translation documentation for the foreign educational certificate that shows the equivalency to a high school diploma.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and the Compliance Officer's (CO's) observation it was determined that 2 out of 15 enrolled children's Emergency, Information, and Immunization record cards lacked information: Child #1: The name and contact telephone number of 1 of 2 required individuals authorized by the child's parent to collect the child from the facility in case of an emergency or if the child's parent cannot be contacted. Child #2: The contact telephone number of the child's health care provider.”

AAC R9-5-502.A.1. A. A licensee providing child care services for infants shall: 1. Provide a wall-enclosed room for infants that provides exits required by R9-5-601(1);

“Findings: Based on the CO's observation, in the Infant room, there was a half-wall partition with a closed gate that separated the cribs from the rest of the classroom. The partition is not low enough to be stepped over by staff.”

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

“Findings: Based on the CO's observation, upon arrival at the facility, there was an enrolled child alone and unsupervised in the front lobby.”

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 CO's observation the following hazard was accessible to enrolled children: Evergreen 2 *There was sharp laminate with exposed rough wood located at the base of the built-in sink cabinet.”

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 #2's observation, it was determined that the roster in the Sprouts 2 classroom did not reflect the number of children present (17 children present, 16 children listed on the roster).”

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 Infant room was 1:6 instead of 2:6 as required for Infants.”

AAC R9-5-404.B. B. A licensee shall:1. Determine and maintain the required staff-to-children ratio for each group of enrolled children based on the age of the youngest child in the group; 2. Allow a volunteer qualified as a director, teacher-caregiver, or an assistant-teacher caregiver to be counted as staff in staff-to-children ratios; and 3. Not allow a student-aide or an individual qualified as a teacher-caregiver-aide to be counted as staff in staff-to-children ratios.

“Findings: Based on Compliance Officer #2's observation and staff statements, the ratio in the Sprouts 2 (2's classroom) was 2:17 instead of 3:17 as required when a 1-year-old child is present. Staff stated the youngest child was 1 year old.”