Kindercare Learning Center #14

AAC R9-5-501.B.9. B. A licensee shall ensure that a staff member: 9. Does the following when a parent permits or asks a staff member to apply personal products on an enrolled child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, toothpaste, and baby diapering preparations: a. Obtains the enrolled child’s personal products from the enrolled child’s parent or, if the licensee provides the personal products for use by the enrolled child, obtains written approval for use of the products from the enrolled child’s parent; b. Labels the personal products with the enrolled child’s name; and c. Keeps the personal products inaccessible to enrolled children;

“Findings: Based on the Compliance Officer’s observation, in Toddler A classroom, there were 3 wipes that lacked the enrolled child’s first and last name and 3 wipes that lacked the enrolled child’s last name as required.”

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 the Compliance Officer’s observation, on the School-Age playground, there was an abundance of trash items throughout and a crumpled up towel with debris on it. ***Previously Cited: 03/04/2025, 3/13/2024 and 07/24/2024”

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 observation, in Vehicle CJ 22325, there was trash on the floor making the vehicle not maintained in a clean condition.”

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 observation, the following toilet rooms were not maintained in clean condition: Preschool B *The toilet had a build-up of rust colored substance in the bowl. *The wall in the toilet room had several areas with dark brown substance smeared. PreK B and School-Age *The South West toilet room had a strong urine odor. *There North East toilet room had several paper towels on the floor and in the sink. *The walls in both toilet rooms had a build-up of dark gray smudges. ***Previously Cited: 03/13/2024”

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 following areas were not maintained in a clean condition: PreK B/School-Age *The lid of the trash can had a build-up of white substance. *The dust pan had a build-up of food debris, brown and gray substance. Preschool Discovery A *The dust pan had a build-up of food debris, brown and gray substance. *The lid of the trash can had a build-up of debris on the top. *There were extra diapers, a roll of paper towels on a shelf above the toilet. Preschool A *The trash can lid had a build-up of debris on the top. Preschool B *The trash can lid had a build-up of food debris on the top. *The vent in the classroom had a build-up of gray substance. PreK A *The toilet room had several paper fish streamers hanging above the toilet and 4 paper chains hanging in the doorway. ***Previously Cited: 03/04/2025, 07/24/2024 and 03/13/2024”

AAC R9-5-503.A.3.4. 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 4. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled clothing.

“Findings: Based on the Compliance Officer’s observation, in the Toddler A classroom, there was 1 soiled diaper in a plastic bag on the shelf outside of the soiled diaper container and in the Infant classroom the soiled diaper container lacked a tight fitting lid. In Preschool A classroom the soiled clothes container lacked a liner as required. ***Previously Cited: 03/04/2025, 07/24/2024, 03/28/2024, 03/13/2024 and 01/09/2024”

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, in Discovery Preschool B, there was a xylophone toy, blue cloth material, a stack of paper plates on the diaper changing surface and 8 plastic flower rings in the diaper changing sink. ***Previously Cited: 03/04/2025, 07/24/2024, 03/28/2024, 03/13/2024 and 01/09/2024”

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, the Infant feeding plans lacked the following required information: Child #1 and Child #3 : The amount and types of food to be fed to the infant. Child #2, Child #4 and Child #5: The amount of foods to be fed to the infant.”

AAC R9-5-501.B.5. B. A licensee shall ensure that a staff member: 5. For enrolled children 12-months and older, except as provided in subsection (C), prepares, posts, and implements in each indoor activity area, a current schedule of children’s age-appropriate activities, including the times the following are provided: a. Meals and snacks; b. Naps; c. Indoor activities; d. If weather and air quality permit, outdoor or large muscle development activities; e. Quiet and active activities; f. Teacher-directed activities; g. Self-directed activities; h. Activities for individuals, groups of five or fewer children, and groups of six or more children; and i. Activities that develop small muscles;

“Findings: Based on facility documentation and the Compliance Officer’s observation, the Preschool A, PreK B and School-Age classrooms, lacked a posted Schedule as required. ***Previously Cited 03/04/2025 and 03/13/2024”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the following rosters did not reflect the number of children present in the activity areas: *Discovery B Classroom (7 children present, 6 children listed on the roster). *Preschool A Classroom (11 children present, 10 children listed on the roster). *Toddler B Classroom (11 children present, 10 children listed on the roster).”

AAC R9-5-511.A. A. A licensee shall provide each enrolled child who naps or sleeps at the facility with a separate cot or mat or a crib that meets the requirements of R9-5-502(A)(8) and ensure that:1. A cot, mat, or crib used by the enrolled child accommodates the enrolled child’s height and weight; 2. A staff member covers each cot, crib mattress, or mat with a clean sheet that is laundered when soiled, or at least once every seven days and before use by a different enrolled child; 3. A clean blanket or sheet is available for each enrolled child; 4. A rug, carpet, blanket, or towel is not used as a mat; and 5. Each cot, mat, or crib is maintained in a clean and repaired condition.

“Findings: Based on the Compliance Officers' observations, in the Preschool B classroom, 3 out of 11 enrolled children lacked a clean sheet for nap time.”

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 Compliance Officer's observation, in the Infant Classroom, the door was left open 6 inches, leaving the room not enclosed as required.”

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, in Discovery Preschool Toilet Room, there were paper fish streamers and 3 light lamps on a shelf above the toilet. In Discovery Preschool A Toilet Room, there was a dark blue water table with a clear plastic container and 3 green plastic containers with plastic smocks inside. In Discovery B Toilet Room, there was a clear bin containing 3 ring binders. In the Preschool Playground, there was an abundance of paper cups, and trash debris accessible to enrolled children.”

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, on the School-Age Playground, the Stucco wall had an 8-foot diagonal crack. On the Preschool Playground, there was an 8-foot-long crack at the base of the Stucco wall exposing rebar. On the Toddler Playground, there was a red bench that had 4 areas 3-4-inches long exposing a sharp rust-colored metal that crumbles when touched.”

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, transport vehicle License CJ22325, had a non-functioning heating or air conditioning system as required.”

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: a. If the intended change 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. If the intended change is to increase licensed capacity, the square footage of the outdoor activity area; and c. If the intended change includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable: i. If the facility is 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. If the facility is 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 facility documentation and the Compliance Officers' observations, kids were observed to be present in a non-licensed space (Lobby) in the facility.”

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 observation, it was determined that 4 out of 25 enrolled children's Emergency, Information, and Immunization record cards reviewed lacked the following required information: Child #1: The date of enrollment, the name, home address, city, state, zip code, and contact telephone number of the 2nd parent of the child, and the name of the individual to be contacted in case of injury or sudden illness of the child. Child #2: The date of enrollment. Child #3: The date of enrollment and the name and contact telephone of a 2nd 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. Child #4: The date of enrollment, the name and contact telephone of at 2nd 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, the name and contact telephone number of the child's healthcare provider.”

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 observation, it was determined that 4 out of 25 enrolled children's attendance forms lacked the following information: Child #5: A release time and signature on 02/04/2025. Child #6: A release time and signature on 02/05/2025. Child #7: An admission and release signature (initials only) for February 2025. Child #8: An admission time and signature on 02/03/2025, 02/04/2025, 02/05/2025, 02/11/2025, 02/12/2025, 02/13/2025, 02/19/2025.”

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

“Findings: Based on the Compliance Officer's observation, in Discovery B Classroom, the following hazards were accessible to enrolled children; *The blue vinyl Couch had a 2.5-inch area of missing vinyl with exposed foam and several smaller areas of missing vinyl with exposed foam.”

AAC R9-5-517.A.3. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:3. Ensure that the motor vehicle is registered by the Arizona Department of Transportation as required by A.R.S. Title 28, Chapter 7;

“Findings: Based on facility documentation and the Compliance Officer's observation, transport vehicle License CJ22325, the vehicle registration expired Oct 2019 and was not current as required.”

AAC R9-5-501.A.21. A. A licensee shall ensure that:21. Except when used as part of an activity, the following are stored in an area inaccessible to an enrolled child: a. Garden tools, such as a rake, trowel, and shovel; and b. Cleaning equipment and supplies, such as a mop and mop bucket.

“Findings: Based on the Compliance Officer's observation, in Preschool B Classroom, there was a broom and dustpan containing food next to the handwashing sink accessible to enrolled children”

AAC R9-5-501.C.4. C. A licensee shall ensure that a staff member:4. Except as provided in subsection (D), prepares and posts in each indoor activity area, a current schedule of children’s age-appropriate activities, including the times the following are provided: a. Meals and snacks; b. Naps; c. Indoor activities; d. Outdoor or large muscle development activities; e. Quiet and active activities; f. Teacher-directed activities; g. Self-directed activities; h. Activities for individuals, groups of five or fewer children, and groups of six or more children; and i. Activities that develop small muscles;

“Findings: Based on facility documentation and the Compliance Officer's observations, in Discovery Preschool A and Toddler B classrooms, it was determined that the activity area lacked a current schedule of age-appropriate activities as required.”

AAC R9-5-501.C.6. C. A licensee shall ensure that a staff member: 6. If an activity in the lesson plan required in subsection (C)(5) includes screen time, include in the lesson plan the duration of the screen time in minutes;

“Findings: Based on facility documentation and the Compliance Officers' observations, it was determined that the screen time for the children present in the lobby was not listed on a lesson plan as required.”

AAC R9-5-502.A.8.b. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: b. Has a commercially waterproofed mattress; and

“Findings: Based on the Compliance Officer's observation, in Infant A Classroom, 3 infant mattresses were torn exposing foam and no longer waterproof as required.”

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, in Discovery Preschool A, there was a wicker basket with a plastic tomato, a red bowl, and 2 sheets of paper on the diaper changing area. In Infant A Classroom, the caulking on the back of the diaper changing area was cracked.”

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 Toddler B and Discovery Preschool A Classrooms, the diaper changing area lacked mounted single-use paper towels.”

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 Discovery B, Discovery Preschool A, PreK B, Kinder Prep A, Preschool A, and Preschool B's Toilet Rooms, the tile flooring had areas of cracks and a build-up of debris and yellow substance throughout the grout of the flooring.”

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 plumbing fixtures were not maintained in a clean condition: *2's Room: The toilet bowl had murky/brown water and a thick build-up of a brown substance located on the rim of the water line. *3B Room: There was brown staining on the inside of the toilet bowl hole.”

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

“Findings: Based on the Compliance Officers' observations, in the 3A room, the blue couch in the reading area had visible rips and tears exposing the foam interior.”

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

“Findings: Based on the Compliance Officers' observations, in the 2's room, the soiled clothing container was located in the toileting room and not in the diaper changing area as required.”

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 Officers' observations, in the 4's Pre-K B Room, there was rough exposed metal protruding from the wall next to the blue carpet and the wall next to the reading area, accessible to enrolled children.”

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 Officers' observations, water was not accessible to enrolled children in the following rooms: 1's Toddler B Room: Children's water bottles were located in personal cubbies out of reach of enrolled children. 2's Discover Preschool A: Children's water bottles were located on top of the play kitchen set out of reach of enrolled children.”

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 Officers' observation, the files for Child #1, Child #2, Child #3, Child #4, Child #5, and Child #6 (of 20 files reviewed) lacked immunization records.”

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 observations, bird feces was scattered along the South side fence of the toddler's playground.”

AAC R9-5-505. A licensee providing child care services for 3-year-old, 4-year-old, and 5-year-old children shall provide a supply of age appropriate toys, materials, and equipment accessible to enrolled children in each activity area in a quantity sufficient to meet the needs of the enrolled children in attendance including:1. Art supplies, 2. Blocks, 3. Books and posters, 4. Toys and dress-up clothes, 5. Indoor and outdoor equipment to enhance large muscle development, 6. Puzzles and toys to enhance manipulative and categorization skills, 7. Science materials, and 8. Musical instruments.

“Findings: Based on the Compliance Officer's observations, the activity area in the 3's Room lacked a sufficient amount of science materials and musical instruments to meet the needs of the enrolled children in attendance.”

AAC R9-5-504.3. A licensee providing child care services for 1-year-old and 2-year-old children shall:3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“Findings: Based on the Compliance Officer's observations, the activity area in the 2's Room lacked a sufficient amount of rubber or soft plastic balls, books, puzzles, and toys to enhance manipulative skills to meet the needs of the enrolled children in attendance.”

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 following diaper changing surfaces were not kept clear of items not required for diaper changing: *1's Room: Children's artwork was on the diaper changing surface and paintbrushes were in the diaper changing sink. *2's Room: A small yellow fish connector was located on the diaper changing surface.”

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 Officers' observations, the following hazards were accessible to children in the outdoor activity areas: OLDER CHILDREN PLAYGROUND: *There were areas of rusted, flaking metal on the West rod iron fence line. *There were patches of flaking stucco exposing the interior netting and drywall of the column near the gate dividing the two playgrounds. *There was an open underground access box with exposed water and piping along the North fence line. TODDLER PLAYGROUND: *There was an accumulation of water in the grass patch near the West fence line.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on Compliance Officer #1’s observation, in Preschool A Classroom, there were paper towel roll, jeans, extra clothing, and a brown toy car on the diaper changing surface. ***Previously Cited: 03/13/2024, 01/09/2024, 09/21/2023, 07/10/2023, 03/14/2023,”

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 Officers' observations, it was determined that the roster in Preschool A Classroom did not reflect the number of children present. (10 enrolled children on the roster, and 11 children present in class). ***Previously Cited: 03/13/2024 and 01/22/2024”

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 #1's observation, at the time of the inspection, the ratio in Pre K B Classroom was 1:16 instead of 2:16 as required for 4-year-old children. ***Previously cited: 03/13/2024, 01/09/2024, 09/21/2023”

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

“Findings: Based on the Compliance Officers' observations, in Preschool A Classroom, the soiled clothes were not placed in a soiled clothing container, but rather outside on the floor next to the diaper changing area. ***Previously Cited: 03/13/2024”

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

“Findings: Based on facility documentation and Compliance Officer #1’s observation, it was determined that the file lacked documentation of a negative Mantoux skin test for Staff #3 (DOE- 12/12/23).”

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 Compliance Officer #2’s observation, it was determined that 7 out of 15 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #10, Child #15 and Child #20: The date of enrollment. Child #11: The name and contact telephone number of the child’s health care provider, the back of the card was not filled out and lacked a parent's signature. Child #14:The name and contact telephone number of the child’s health care provider and the name of the individual to be contacted in case of injury or sudden illness of the child. Child #17: The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth and the name, home address, city, state, zip code, and contact telephone number of the 2nd parent of the child. Child #19: The name and contact telephone number of a 2nd 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 R9-5-305.B. B. A licensee shall attach an enrolled child’s written immunization record or exemption affidavit, required in subsection(A), to the enrolled child’s Emergency, Information, and Immunization Record card, required in R9-5 304(B).

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that Child #12 and Child #13, Child #14, Child #15, Child #16, Child #17, Child #18, Child #19, and Child #21 lacked a written immunization record.”

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 observation, it was determined that 10 out of 15 enrolled children's attendance forms lacked the following information: Child #1: A release time for 03/08/2024 Child #2: An admission and release signature(initials only) for 03/01/2024, 03/04/2024-03/08/2024, 03/11/2024-03/13/2024. Child #3: A release signature (initials only) for 03/01/2024,03/04/2024-03/08/2024, 03/11/2024-03/12/2024. Child #4: An admission time and signature for 03/12/2024. Child #5:An admission and release signature (initials only) for 03/05/2024-03/07/2024, and an admission signature (initials only) for 03/13/2024. Child #6: An admission time or signature for 03/05/2024, 03/06/2024, 03/08/2024 and 03/11/2024. Child #7: An admission and release signature (initials only) for 03/01/2024, 03/04/2024, 03/06/2024, 03/07/2024, 03/11/2024, and 03/13/2024. Child #8: An admission time and signature for 03/04/2024 and 03/11/2024, A release signature for 03/06/2024, and a release time and signature for 03/07/2024 and 03/08/2024. Child #9: An admission and release signature ( a line only) for 03/01/2024, 03/04/2024-03/08/2024. Child #10: A release time and signature for 03/04/2024, 03/05/2024, 03/11/2024.”

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 Compliance Officer #1’s observation, it was determined that the roster in 3’s Classroom did not reflect the number of children present. (11 enrolled children on roster, and 13 children present in class)”

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 Compliance Officer #1's observation, it was determined that the Licensee lacked documentation of a current violation-free fire inspection report as required. Exp 03/06/24”

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 Compliance Officer #1’s observation, it was determined that the files for Staff #1(DOE-12/12/23) and Staff #3 (DOE- 02/26/24) 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: Per allegation and based on facility documentation, staff statement, and the Compliance Officers' observations, at the time of the inspection, the ratio in Pre K B Classroom was 1:16 instead of 2:16 as required for 4-year-old children. The ratio in Discovery Preschool A was 1:16 instead of 2:16 as required for 4-year-old children. Toddler A: *On 3/11/2024, the ratio was 1:7 with a 1-year-old child present from 8:15-9:10am, required ratio is 1:6. Preschool B: *On 3/12/2024, ratio was 1:16, required ratio is 2:16. Discovery AM: *On 3/11/2024, ratio was 1:12 with 2-year-old children present from 8:10-8:45am, required ratio is 2:12. Infant Open: *On 3/11/2024, ratio was 1:7, required ratio is 1:5. *On 3/12/2024, ratio was 1:8, required ratio is 1:5. Infant A: *On 3/12/2024, ratio was 1:9, required ratio is 1:5. Staff stated: at 8:30, I had 9 children with just myself and a 1-year-old child 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 facility documentation and Compliance Officer #2’s observation, 4 one-year-old enrolled children were placed in the Infant room with a group of infants when 6 or more enrolled children were present.”

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 Compliance Officer #2’s observation, the health, safety and welfare of enrolled children were placed at risk of harm in Preschool B and PreK A Classrooms, when the 2 enrolled children were observed sleeping with a blanket tucked under, covering their heads.”

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 Officers' observations, the following hazards were accessible to enrolled children: PreK B: *There were outlets on the east and west walls that were detached and loose from the wall. *There were 6 sharp holes along the north wall and 4 sharp holes along the west wall. PreK A: *The Lego table had sharp edges from broken plastic pieces. Toddler B: *There was a cabinet door that was detached from the hinge and hanging. Discovery Preschool: *There were 3 missing tiles from the ceiling exposing insulation. Discovery B: *There was a protruding nail on the window sill to the left of the exit door.”

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 Compliance Officers' observations, in Discovery B Classroom, a child was standing on a cot next to the diaper changing area, placing a small pink rubber band they had grabbed from the diaper changing area and placed it in their mouth. Additionally, on two separate occasions, a child was climbing on the shelves and the teachers did not model or guide the child to safety. In PreK B Classroom, two children were observed by CO #1, in the toilet room, placing toilet paper into the toilet, the staff in the room were unaware of the children in the toilet room. The staff member was observed at arrival for inspection seated at the carpet in the classroom and had not moved after 1 hour when CO's arrived to the room for inspection. The staff was unable to see children sleeping in various areas of the classroom from the seated position.”

AAC R9-5-501.C.4. C. A licensee shall ensure that a staff member:4. Except as provided in subsection (D), prepares and posts in each indoor activity area, a current schedule of children’s age-appropriate activities, including the times the following are provided: a. Meals and snacks; b. Naps; c. Indoor activities; d. Outdoor or large muscle development activities; e. Quiet and active activities; f. Teacher-directed activities; g. Self-directed activities; h. Activities for individuals, groups of five or fewer children, and groups of six or more children; and i. Activities that develop small muscles;

“Findings: Based on Compliance Officer #2's observation, the Toddler A Classroom lacked a current schedule of children's age-appropriate activities.”

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 Officers' observations, it was determined that the following classrooms lacked documentation of a lesson plan. Preschool A: *Lesson Plan was dated 1/22-1/26/2024 Preschool B: *Lesson Plan lacked a date. PreK A *Lesson Plan lacked a date Discovery B: *Lesson Plan lacked a date. Toddler B: *Lacked a lesson plan. Toddler A: *Lacked a lesson plan.”

AAC R9-5-502.A.8.b. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: b. Has a commercially waterproofed mattress; and

“Findings: Based on the Compliance Officers' observations, in Infant A Classroom, 5 crib mattresses were torn on the corners exposing foam.”

AAC R9-5-502.A.8.c. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: c. Is furnished with clean, sanitized, crib-size bedding, including a fitted sheet and top sheet or a blanket;

“Findings: Based on the Compliance Officers' observations, in Infant B classroom, 1 crib sheet was loose/not tight-fitting to the mattresses. A staff member stated there are a couple in the room that they use that are loose and not tight fitting.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on Compliance Officer #2’s observation, in Preschool A Classroom, there were diapers, a hair barret, a sharpie, pull-ups, and wipes on the diaper changing surface. In Discovery B classroom, there were 3 hair ties on the diaper changing surface. In Toddler B, the diaper changing surface was not seamless and smooth, there was a hole in the diaper surface.”

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

“Findings: Based on Compliance Officer #1’s observation, in the PreK A classroom, the toilet rooms lacked single-use paper hand towels from a dispenser.”

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 Compliance Officer #1’s observation, in Discovery B, the diaper changing container lacked a tight-fitting lid. In Toddler A Classroom, the diaper changing container was in the toilet room and not in the diaper changing area as required.”

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

“Findings: Based on the Compliance Officers' observations, in Preschool A Classroom, the soiled clothes were not placed in a soiled clothing container, but rather outside on the floor next to the diaper changing area.”

AAC R9-5-503.B. B. A licensee shall ensure that a staff member does not:1. Permit a bottle, formula, food, eating utensil, or food preparation in a diaper changing area; 2. Draw water for human consumption from a diaper changing area sink; or 3. Except as provided in subsection (C), if responsible for food preparation, change diapers until food preparation duties have been completed for the day.

“Findings: Based on Compliance Officer #1’s observation in Discovery B, there was white liquid in the diaper changing sink.”

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 Compliance Officer #1’s observation, in Preschool A, the diaper bin was next to the diaper changing table accessible to enrolled children.”

AAC R9-5-510.A.2. A. A licensee shall ensure that a staff member: 2. Teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior;

“Findings: Based on Compliance Officer #2’s observation, in PreK B a Staff was heard saying aggressively DO NOT DO THAT, THAT IS NOT OK to a child playing with a cot.”

AAC R9-5-511.A. A. A licensee shall provide each enrolled child who naps or sleeps at the facility with a separate cot or mat or a crib that meets the requirements of R9-5-502(A)(8) and ensure that:1. A cot, mat, or crib used by the enrolled child accommodates the enrolled child’s height and weight; 2. A staff member covers each cot, crib mattress, or mat with a clean sheet that is laundered when soiled, or at least once every seven days and before use by a different enrolled child; 3. A clean blanket or sheet is available for each enrolled child; 4. A rug, carpet, blanket, or towel is not used as a mat; and 5. Each cot, mat, or crib is maintained in a clean and repaired condition.

“Findings: Based on Compliance Officer #2’s observation, in the following classrooms, enrolled children lacked a clean sheet or blanket for nap time and cots were not maintained in a clean and repaired condition. Preschool A: *4 enrolled children lacked a sheet and 1 child lacked a blanket. Preschool B: *5 enrolled children lacked a sheet and 1 child lacked a blanket. *5 cots were torn in the corners where the vinyl material attaches. PreK A: *5 enrolled children lacked a sheet *2 cots were bowing under with kids touching the ground. PreK B: *10 enrolled children lacked a sheet *All of the cots had rips in the corner where the vinyl material attaches. Discovery B: *20 enrolled children lacked a sheet”

AAC R9-5-511.C. C. A licensee shall provide an unobstructed passageway at least 18 inches wide between each row of cots or mats to allow a staff member access to each enrolled child.

“Findings: Based on the Compliance Officer’s observation, in PreK B and Discovery Preschool B, 2 of the occupied mats were spaced 4 inches apart rather than the required 18 inches between rows as required.”

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 Officers’ observations, throughout the classrooms there was a build-up of dust and debris in the windowsills, and along the classroom materials. In the Preschool B and PreK B classrooms there was a strong urine smell.”

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 Compliance Officer #1’s observations, in PreK A there was build-up of dark gray substance and in Discovery Preschool B, there was a white liquid substance on the floor next to a cot.”

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 Officers’ observations in PreK B, one toilet room had an abundance of trash and debris on the floor and one toilet room had an abundance of toilet paper on the floor and in the toilet bowl.”

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 Officers' observations, the following areas were not maintained in a clean and working condition: Pre-K A: *One toilet room was blocked by blue tape,with a sign that read DO NOT USE and was inoperable for enrolled children's use. *One toilet room had large black plastic wrap taped around the tank and lacked mounted toilet paper. Pre-K B: *One toilet room toilet was blocked with toilet paper *One toilet room had an abundance of trash and debris on the floor. Discovery B: *The food waste container lid was broken with food trash and a build-up of dirt and debris. *No paper towels Toddler B: *The shorter toilet was loose and detaching from the floor. *No paper towels Two's Two: *The toilet was loose and detaching from the floor.”

AAC R9-5-512.G. G. A licensee may have a sink with running water, soap contained in a dispenser, and single-use paper towels in a mounted dispenser or a mechanical air hand dryer located directly outside a toilet room if an enrolled child exiting the toilet room can access the sink, soap, and paper towels or air hand dryer without having to cross space that is used for any activity.

“Findings: Based on Compliance Officer #2's observation, in the PreK B Classroom, there was a large trash receptical, large poster board, and a broom/dustpan between toilet room and handwashing sink.”

AAC R9-5-516.I. I. Except as specified in A.R.S. § 36-2229(B) through (D), a licensee shall ensure that a facility does not stock a supply of medications for administration to enrolled children, including:1. Any prescription medication; or 2. A nonprescription medication such as aspirin, acetaminophen, ibuprofen, or cough syrup.

“Findings: Based on Compliance Officer #2’s observation, the 1st aid kit in the van contained a stock supply of medication (Neomycin ointment and First Aid Burn Cream).”

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 Officers' observations, the outdoor activity area resilient surfacing had 6-12 inch areas lacking resilient surface material under and around the fall zones of the 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 Compliance Officers' observation, in the Pre-K A and PreK B Classrooms, enrolled children on cots were in front of a designated exit that provides escape from the building. In PreK B Classroom there was a sensory table blocking the exit door. In Discovery B Classroom, the childproof lever lock on the exit door had both locks on, preventing exit from the door.”

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 Officers' observation, the following rooms lacked a safety plug in an unused electrical outlet: *PreK B lacked two safety plugs on the west wall and one safety plug on the east wall.”

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 facility documentation and Compliance Officers' observations, it was determined that the facility's fire extinguishers lacked the identification of the person who serviced the fire extinguishers. In the van, the fire extinguisher was last serviced on February 2020.”

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 Compliance Officer #1’s observation, it was determined that the file for Staff #2 lacked documentation of the DCS Registry.”

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 Officers' observations, in the outdoor activity areas, the following hazards were accessible to enrolled children: Preschool, Toddler and School- Age Playgrounds: *There was trash debris scattered across all activity areas. Preschool Playground: *There were protruding sharp items on the shed door jams.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the roster in the School-Age classroom did not reflect the number of children present (3 children present, 6 children listed on the roster).”

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

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that the Mantoux skin test for Staff #1 was not available for review.”

AAC R9-5-203.E. E. If a staff member possesses a fingerprint clearance card that was issued before the staff member became a staff member at the facility, a licensee shall:1. Contact the Department of Public Safety before the individual becomes a staff member to determine whether the fingerprint clearance card is valid; and 2. Document this determination, including the name of the staff member, the date of contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the file for Staff #1 lacked documentation of a validated fingerprint clearance card through DPS website. There was no file to review for Staff #1. The card was validated at the time of the inspection.”

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 Compliance Officer #2’s observation, it was determined that the file for Staff #1 lacked documentation of the DCS Registry submission.”

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 Compliance Officer #2's observation, it was determined that Staff #1 lacked a file at the facility to review.”

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 Compliance Officer #2’s observation, it was determined that the file for Staff #3 lacked documentation for the 10-day training for new staff members. (Start date-11/27/23).”

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 Compliance Officer #2’s observation, it was determined that Staff #2's staff file lacked documentation of a high school diploma.”

AAC R9-5-509.C.15. C. A licensee shall ensure that:15. The food served to an enrolled child is consistent with a modified diet prescribed for the child by the child’s parent or health care provider;

“Findings: Per allegation and based on a review of facility documentation, staff statements, and Compliance Officers' observations, it was determined that an enrolled child was served food that was inconsistent with a modified diet prescribed for the child by the child's parent or health care provider. Staff stated: *Child #1 was given waffles and fruit and the child did eat the waffle. *Staff felt rushed to give the breakfast The documentation reviewed from the application used by the facility to document enrolled children's daily activities. *An image of Child #1 with a waffle *Meal noted ate most-waffles, with pineapple and milk. *Meal noted ate most- bread with tomato sauce and milk. *Meal noted milk/soy was given to an infant child. (Child had allergen noted)”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on Compliance Officer #2's observation, in Discovery B classroom, there was a plastic bag with items in it, 2 packages of diapers, 1 black round carry case on the diaper changing area, and a purple and red plastic paintbrush in the diaper changing sink.”

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 #1’s observation, the ratio in Discovery B classroom was 2:15 instead of 3:15 as required with 1-year-old children present.”