Kindercare Learning Center

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

“Per Allegation Findings: Based on staff statements and written documentation, the health, safety, and welfare of Child #1 was placed at risk of harm when the child was left outside in the Preschool playground. Documentation shows that the child was alone outside between 9:48 am and about 10:05 am. Previous to that time frame, Child #1 had already been outside since 9:31 am. Staff stated the following: ** " I stepped into the Preschool room again, and I looked out the window and see a little head, I immediately go out for [Child #1] and brought [them] in. [They] were sweating, and when I brought [them] in, I took [their] hand and [they] started crying and said [they] wanted mommy. " Written Statement: ** " At 9:55am I arrived in Preschool...Around 10:02 am I noticed [Child #1] outside in the window. I then made the statement, thinking that [Child#1] was in another class, "I hope they aren't outside right now." Staff #1 then realized [Child #1] was in fact supposed to be in Preschool. Staff #1 quickly brought [Child #1] inside, checking [them], then Staff #2 changed [their] diaper and gave [them] a cup of water and [their] water bottle while comforting [them]. "”

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

“Per Allegation Findings: Based on staff statements and written documentation, the staff-to-child ratio in the outdoor activity area was 0:1 when Child #1 was found outside alone in the Preschool playground. Staff stated the following: ** “I noticed a child through the window and realized [they] were outside alone.” Written statement: ** “I noticed [Child #1] outside in the window. I then made the statement, thinking that [Child#1] was in another class, "I hope they aren't outside right now." Staff #1 then realized [Child #1] was in fact supposed to be in Preschool.””

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

“Per Allegation Findings: Based on staff statements and written documentation, an enrolled child was not supervised at all times when they were left outside in the Preschool playground for an extended period of time. Documentation shows that the child was alone outside between 9:48 am and about 10:05 am. Staff stated the following: ** " I stepped into the Preschool room again, and I looked out the window and see a little head, I immediately go out for [Child #1] and brought [them] in. [They] were sweating, and when I brought [them] in, I took [their] hand and [they] started crying and said [they] wanted mommy. " ** Staff #1 brought [Child #1] in, and their cheeks were rosy. The child was crying.”

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;

“Allegation Findings: Based on facility documentation and staff statements, the health, safety, and welfare of an enrolled child was placed at risk of harm when staff at the facility did not call emergency services immediately after an enrolled child had a medical emergency. On 3/11/26, an enrolled child sustained a severe injury while being cared for. Staff stated the incident happened approximately between 8:30 a.m. to 8:45 a.m., and emergency services were not called until the parent arrived at the facility requesting emergency services be called. Staff stated that the staff member in the classroom was out of ratio when the incident happened, and they had tried communicating with management regarding the ratio issue before the incident happened. Management called the parent when they learned of the incident, but the parent did not answer. They then called the facility director, who was not on site during the incident. The parent then called back and was informed of the incident. When the parent arrived at the facility, they requested emergency services to be called after seeing the child's injury. The fire department showed up at the facility, which then requested an ambulance for transportation. Staff stated the following: * "I would have definitely called 911." * "Now looking back, I should have called right away."”

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

“Allegation Findings: Based on the facility documentation reviewed, on 3/11/26, ratios were not maintained at all times. In the Preschool Room, from 8:30 a.m. to 8:39 a.m., the ratio was 1:16 with 3-year-old children present. The required ratio was 2:16.”

AAC R9-5-514. F. F. A licensee shall maintain and use a communication system that contains: 1. A direct-access, in-and-out, operating telephone service at the facility; or 2. A two-way voice communication system that connects the facility with an individual who has direct access to an in-and-out, operating telephone service.

“Findings: Based on staff statements, the Preschool Room Walkie-Talkies used as a two-way voice communication system had not been functioning properly. Staff stated the batteries drain after approximately 5 minutes after being disconnected from the charger. On 3/11/26, a staff member had used the Walkie-Talkie to advise management of them being out of ratio. Management was not aware of the ratio, and when an injury occurred in the Preschool Room, the staff member opened the classroom door to ask for assistance in the room.”

AAC R9-5-512.F.1. 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;

“Findings: Based on the Compliance Officer's observations, the toilet paper was placed on top of the holder in the Preschool restroom.”

AAC R9-5-501.A.18. A. A licensee shall ensure that: 18. Except as provided in subsection (A)(20), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“Findings: Based on the Compliance Officer's observations, in the Pre-K girls' restroom, there was a toilet brush accessible to the enrolled children.”

AAC R9-5-503.E.1. E. A licensee shall ensure that in an activity area with a diaper changing area: 1. The container required in subsection (A)(3) and (4) are inaccessible, and

“Findings: Based on the Compliance Officer's observations, in the Preschool room, there was a trash can next to the diaper changing area used to discard soiled diapers accessible to enrolled children.”

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

“Findings: Based on the Compliance Officer's observations, the diaper changing area in the Todd A room lacked sealant in the area in front of the handwashing sink, making it non-sanitizable.”

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 observations, in the Infant Room, 15 of the 15 mattresses observed had peeling edges that exposed foam, making the mattresses no longer waterproof.”

AAC R9-5-501.B.6. B. A licensee shall ensure that a staff member: 6. For enrolled children five-years or younger, and except as provided in subsection (C), prepares, posts, and implements a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Findings: Based on the Compliance Officer's observations and facility documentation, in the Pre-K, Two's, and Preschool rooms, the posted lesson plan lacked a date.”

AAC R9-5-512.F.8.9. F. A licensee shall ensure that: 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 water pipe toilet covers in the Pre-K girls' restroom were rusted and detaching from the wall. In the Two's and Preschool restrooms, the water pipe toilet covers were becoming detached from the wall.”

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

“Findings: Based on the Compliance Officer's observations, in the Preschool restroom, there was a used diaper on the floor next to the toilet, and there was yellow liquid inside the toilet.”

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

“Per Allegation Findings: Based on the Compliance Officers' observations and staff interviews, the staff-to-child ratio was not maintained at all times. Staff stated, "It happens sometimes but not as bad as it used to be"; "I'm over for maybe 10 minutes around 7 o'clock".”

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, enrolled children were not supervised at all times in the Pre-k classroom. Enrolled children were using stretchy string toys to swing around and hit other children in the face. One child had the stretchy string toy wrapped around their neck. The Compliance Officer had to step in and redirect the children. There was another child standing on a chair looking out the window. There were 3 children at the water station taking water and pouring it on the ground. During these times, the teacher was working on the classroom bulletin board then talked to a parent.”

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 Compliance Officer #2's observations and facility documentation, the Licensee lacked documentation of a current violation-free fire inspection report as required.”

AAC R9-5-401.4. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:4. An assistant teacher-caregiver is 16 years of age or older and provides the licensee with documentation of one of the following: a. Current and continuous enrollment in high school or a high school equivalency class; b. High school or high school equivalency diploma; c. Enrollment in vocational rehabilitation, as defined in A.R.S. § 23-501; d. Employment as a teacher-caregiver aide for 12 months; or e. Service as a volunteer in a child care facility for 12 months;

“Findings: Based on Compliance Officer #2's observations and facility documentation, 1 of 6 staff files reviewed lacked the following: **Staff #1: proof of continuous enrollment in the GED program.”

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 Compliance Officer #2's observations and facility documentation, the file for Staff #2 (DOE: 3/24/14) lacked documentation of 6 hours of required Infant training between the dates of 3/24/23-3/24/24.”

AAC R9-5-403.C. C. A licensee shall ensure that documentation of a staff member's completion of training required by subsection (A) is signed by the facility director and dated.

“Findings: Based on Compliance Officer #2's observations and facility documentation, the file for Staff #3 lacked the facility director's signature and date on the new staff 10-day training form.”

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 Compliance Officer #1's observations, an enrolled child went into the restroom in the Pre-K room and the staff was unaware. The restroom door was completely closed and staff was unable to see or hear the child at all times.”

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 Compliance Officer #1's observations, 13 of 15 infant crib mattresses reviewed were ripped at the corners, making them not commercially waterproof.”

AAC R9-5-502.C.1.m. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: m. Posts the current written dietary instructions in the infant room and the kitchen and maintains the instructions on facility premises for 12 months after the date of the instructions; and

“Findings: Based on Compliance Officer #1's observations, the Infant's dietary instructions were not posted in the kitchen.”

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 observations, the following diaper changing areas were not maintained sanitizable and clear of non related diapering items: **Todd A: The diaper changing area lacked caulking along the inside of the ledge. There was a binder placed on top of the diaper changing area. **Todd B: There was a green sponge and a sticker pad behind the faucet. There was a yellow stain on the diaper changing area.”

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 observations, soiled diaper bin was accessible to enrolled children in the 3's room.”

AAC R9-5-508.G. G. In addition to the required daily servings of food stated in subsection (C), a licensee:1. Shall make second servings of food available to each enrolled child at meals and at snack time, 2. May substitute a food that is equivalent to a specific food component if second servings of the specific food component are not available, and 3. Shall ensure that a food substitution in subsection (G)(2) is written on the posted weekly menu by the end of the meal or snack service.

“Findings: Based on Compliance Officer #1's observations and facility documentation, the meal served to enrolled children did not reflect the meal posted on the menu. The items served were rice with red beans, peas, apricots, and milk. The items on the menu were diced chicken, whole-grain corn muffins, coleslaw, fresh oranges, and milk.”

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 Compliance Officer #1's observations, the following areas were not maintained in a clean condition: **Todd B: The base of the exit door had brown and black buildup. **2's B: Shelves had sticky residue with black buildup. **Preschool: 2 plungers, towels, and extra clothes were stored on a shelf in the restroom.”

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, the following floor coverings were not maintained in a clean condition: **Pre-K: Dirt and dried food crumbs were on the floor along the baseboard. The floor had a buildup of grey and black smudges. ** Todd B: There was a buildup of debris where the baseboard meets the floor coverings. **Preschool: The floor had a buildup of grey and black smudges.”

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 Compliance Officer #1's observations, the following restrooms were not maintained in a clean and sanitizable condition: **Pre-K: The caulking at the base of the toilet was peeling in the 1st restroom. There was an unflushed toilet and bath tissue on the floor of the 2nd restroom. **2's B: The 1st and 3rd toilets lacked caulking at the base and where the pipe meets the wall.”

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 #1's observations, in room 2B there was a sensory table in the pathway from the restroom to the sink.”

AAC R9-5-516.B.3. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:3. A facility director, or a staff member designated in writing by the facility director, does not administer a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child’s parent or health care provider that includes the: a. Name of the enrolled child; b. Type of the medication; c. Prescription number, if any; d. Instructions for administration specifying the: i. Dosage and route of administration; ii. If indicated, starting and ending dates of the dosage period; and iii. Times and frequency of administration; e. Reason for the medication; and f. Date of authorization; and

“Findings: Based on Compliance Officer #1's observations, there was 1 medication in 2's B and 1 medication in Todd B that lacked a medication authorization 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 Compliance Officers' observations, the following hazards were observed: **Toddler Playground: There was a hole in the artificial grass measuring 6x6 inches. There was chipped paint on the play structure. **Preschool Playground: A bicycle had torn wheels. There was chipped paint on the play structure. There were used cups and trash on the floor. There were multiple holes in the rubber turf.”

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 Compliance Officer #1's observations, the 1st toilet in the Pre-K was not in working condition.”

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 observations and facility documentation, there were 10 children present in the Infant room and the roster reflected 9 children. There were 16 children present in the 2's room and the roster reflected 15 children.”

AAC R9-5-503.E. E. A licensee shall ensure that the written diaper changing procedure in subsection (D) 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.

“Per Allegation Findings: Based on the Compliance Officer's observations, facility documentation, and staff interview, an enrolled child's diaper was not changed as soon as it was soiled. Staff stated that the child did not get a diaper change for 5 hours.”

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

“Findings: Based on Compliance Officer's observation and review of facility documentation, on 5/28/24, there was a one-year-old child present in the Infant classroom when 6 or more children were present in the facility.”

AAC R9-5-514. F.1. F. If while attending a facility an enrolled child has an accident, injury, or emergency that, based on an evaluation by a staff member, requires medical treatment by a health care provider, a licensee shall ensure that a staff member: 1. Notifies the enrolled child's parent immediately after the accident, injury, or emergency;

“Per allegation, Based on Compliance Officer's observation and information provided by the staff, on 5/16/24 a child suffered a fractured hand at the facility but parents were not immediately notified of the injury. Parents were not notified until the child was picked up from the facility and staff "saw the swelling" on the child's hand/wrist.”

AAC R9-5-403.C. C. A licensee shall ensure that documentation of a staff member's completion of training required by subsection (A) is signed by the facility director and dated.

“Findings: Based on Compliance Officers' observations and review of facility documentation, the staff file for Staff #1 lacked documentation of a 10 day training form signed by the facility director.”

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 Compliance Officers' observation and information provided by the staff, on 1/11/24 Staff #1 "was not supervising" enrolled children on the playground when Staff #1 "leaned over" a fence to discipline a child on a different playground.”

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;

“Per allegation findings: Based on Compliance Officers' observations and information provided by the staff, on 1/11/24 Staff #1 "popped" a child in the mouth to discipline a child who had bitten another child. Staff members stated that Staff #1 "tapped the child in the mouth to say no biting".”

AAC R9-5-501.A.14. A. A licensee shall ensure that: 14. Temperatures are maintained between 68° F and 82° F in each room used by enrolled children;

“Findings: Based on Compliance Officers' observations, the thermostat in the Preschool B classroom read 67.5 degrees F and the thermostat in the 4's classroom read 67 degrees F.”