Kindercare Learning Center

AAC R9-5-303.A. A. A licensee shall post in a place that can be conspicuously viewed by individuals entering or leaving the facility or activity area, the: 1. Facility’s license; 2. Name of the facility director; 3. Name of the individual designated to act on behalf of the facility director when the facility director is not present in the facility, as prescribed by R9-5-301(B)(1); 4. Schedule of child care services fees and policy for refunding fees as prescribed by A.R.S. § 36-882(P); 5. Breakfast, lunch, dinner, and snack menus for each calendar week at the beginning of the calendar week; 6. Notice of the presence of any communicable disease or infestation listed in 9 A.A.C. 6, Article 2, Table 2.2, from the date of discovery through the incubation period of the communicable disease or infestation; 7. Notice of the Department’s intent to deny, revoke, or suspend as prescribed by A.R.S. § 36-888 at the expiration of time in the notice for the licensee to respond; 8. Notice of an intermediate sanction imposed as prescribed by A.R.S. § 36-891.01 within 10 calendar days after the licensee received notice of the intermediate sanction; 9. Notice of a legal injunction imposed as prescribed by A.R.S. § 36-886.01 when the licensee receives the legal injunction; and 10. Notice of the availability of facility inspection reports for public viewing at the facility premises.

“Findings: Based on the Compliance Officer's observation, the main posting board lacked the name of the facility director and the name of the individual designated to act on behalf of the facility director when the facility director is not present in the facility.”

AAC R9-5-302. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following: 1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Guidelines for positive discipline reflective of age-appropriate methods for children that include clear, appropriate, consistent expectations; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services; and 19. Policies and procedures for suspension and expulsion of children to include clear, appropriate, consistent expectations, including suspension and expulsion prevention strategies.

“Findings: Based on the facility documentation and the Compliance Officer's observation, it was determined that the written statement of services lacked the following: *A general description of activities and programs; *Medication administration procedures; *Accident and emergency procedures; and *A notice stating inspection reports are available on-site.”

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 the Compliance Officer's observation, the file for Staff #1 (DOE 6/2/25) lacked documentation verifying the staff's fingerprint clearance card before their starting date of employment. The fingerprint clearance card for Staff #1 (DOE 6/2/25) was verified on 3/4/26, after the staff's starting date of employment.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete an Emergency, Information, and Immunization Record that is no more than a two-page written notice, and is signed by the enrolled child’s parent containing: 1. The child’s name, home address, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, email address, and telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for the nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(14); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on the facility documentation and the Compliance Officer's observation, 2 of 18 Emergency, Information, Immunization Record cards lacked the following: Child #1: A signature and date on the backside of the card; and Child #2: The contact telephone number of the child's health care provider.”

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

“Findings: Based on the Compliance Officer's observation, the playground gate between Playground 2 and Playground 1, as well as the gate between Playground 2 and Playground 3, were secured with baby locks, blocking the emergency exits. On Playground 3, there was a large toy bin blocking the emergency exit of the playground.”

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

“Findings: Based on the Compliance Officer's observation, the following fall zones lacked 6 inches of resilient surfacing as required: Playground 1: Red twist slide: Lacked the 6 inches of resilient surfacing as required; Red straight slide: Lacked 3 of the 6 inches of resilient surfacing as required; and Red steps: Lacked 6 of the 6 inches of resilient surfacing as required.”

AAC R9-5-602.A. A. A licensee shall ensure that the facility meets the following square footage requirements for indoor activity areas based on the child care services classifications: 1. At least 35 square feet of indoor activity space for each infant and 1-year-old child; 2. At least 25 square feet of indoor activity space for each child who is not an infant or 1-year-old child; and 3. When 1-year-old children are grouped together with children older than 1-year-old children in the same activity area, at least 35 square feet of indoor activity space for each child.

“Findings: Based on the Compliance Officer's observations, 1-year-old children were present in a classroom approved for 2-year-olds and up.”

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, there were brown smudges on the toilet seat of the right Preschool bathroom stall.”

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, the following diaper changing sink temperatures were not maintained between 86° F and 110° F as required: *Infant room: The diaper changing sink temperature was read at 76.4° F; and *1's room: The diaper changing sink temperature was read at 75.3° F.”

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, the diaper changing surface in the infant room was not maintained seamless and smooth due to there being 4 holes on the diapering surface.”

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 the Compliance Officer's observation, the infant feeding instructions for Child #3 and Child #4 lacked complete dietary instructions.”

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, the following diaper changing products lacked a label with the child's first and last name as required: *Infant room: There was 1 wipe labeled with the child's first name only; *1's room: There were 2 wipes labeled with the child's first name and last initial; *2's room: There was 1 wipe labeled with the child's first name only, 1 wipe lacked a label, and 1 wipe was labeled with the child's first name and last initial.”

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, the corner of the wooden shelf for puzzles in the Preschool room was chipped, exposing a sharp wooden edge.”

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

“Findings: Based on the Compliance Officer's observation, the following hazards were accessible to enrolled children: Preschool room: *In the left bathroom stall, the toilet tank lid did not fit and was unsecured, leaving a gap between the lid and the tank; *A broom with a large crack in the plastic broom head, causing sharp edges, was accessible to enrolled children. 2's room: *There was sharp metal protruding from the right side of the classroom vent along the back wall of the classroom; and *There was splintering raw wood at the base of the door frame of the classroom exit door.”

AAC R9-5-403.A. A. Within 10 calendar days of the starting date of employment or volunteer service, a licensee shall provide, and each staff member who provides child care services shall complete, training for new staff members that includes all of the following: 1. Facility philosophy and goals; 2. Names and ages of and developmental expectations for enrolled children for whom the staff member will provide child care services; 3. Health needs, nutritional requirements, any known allergies, and information about adaptive devices of enrolled children for whom the staff member will provide child care services; 4. Lesson plans; 5. Child guidance and methods of positive discipline, including separation; 6. Hand washing techniques; 7. Diapering techniques and toileting, if assigned to diaper changing duties; 8. Food preparation, service, sanitation, and storage, if assigned to food preparation; 9. If a staff member is assigned to feeding infants, the preparation, handling, and storage of infant formula and breast milk; 10. Recognition of signs of illness and infestation; 11. Child abuse or neglect detection, prevention, and reporting; 12. Accident and emergency procedures; 13. Staff responsibilities as required by A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter; 14. Sun safety policies and procedures; 15. Safety in outdoor activity areas; 16. Transportation procedures, if applicable; 17. Field trip procedures, if applicable; 18. Infant tummy time, if applicable; 19. Prevention of sudden infant death syndrome and use of safe sleeping practices, if applicable; and 20. Prevention of shaken baby syndrome, pediatric abusive head trauma, and child maltreatment.

“Findings: Based on the facility documentation and the Compliance Officer's observation, the files for Staff #1 (DOE 6/2/25) and Staff #2 (DOE 6/16/25) lacked documentation of the staff's 10-day training log.”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that: 1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on facility documentation and the Compliance Officer's observations, 2 staff files reviewed lacked the following: *Staff #1 (DOE 6/2/25) signed the Criminal History Affidavit on 6/5/25, after the staff's starting date of employment; and *Staff #2: 1 question was unanswered on the staff's Criminal History Affidavit.”

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 the Compliance Officer and Compliance Officer Supervisor's observations and staff statements, the licensee failed to ensure staff-to-children ratios are maintained at all times when a teacher in the Toddler A classroom took 3 enrolled children to the bathroom outside of the room leaving the classroom ratio to 1:9 with 1's present. Staff stated: *Classrooms are over ratio occasionally, usually in the morning. *Classrooms are over ratio 2-3 times a week.”

AAC R9-5-404.E. E. In addition to maintaining the required staff-to-children ratios, a licensee shall ensure that:1. Staff members are present on facility premises to perform facility administration, food preparation, food service, and maintenance responsibilities; and 2. Facility maintenance does not depend on the work of enrolled children.

“Findings: Based on the Compliance Officer and Compliance Officer Supervisor's observation, there was no staff member present on the facility premises to perform facility administrative responsibilities.”

AAC R9-5-602.A. A. A licensee shall ensure that the facility meets the following square footage requirements for indoor activity areas based on the child care services classifications:1. At least 35 square feet of indoor activity space for each infant and 1-year-old child; 2. At least 25 square feet of indoor activity space for each child who is not an infant or 1-year-old child; and 3. When 1-year-old children are grouped together with children older than 1-year-old children in the same activity area, at least 35 square feet of indoor activity space for each child.

“Findings: Based on the Compliance Officer and Compliance Officer Supervisor's observation, the capacity in the Toddler A classroom is 10, and there were 12 enrolled children, including 1-year-olds, present in the room.”

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 the Compliance Officer's observation, staff statement, and facility documentation, the licensee failed to ensure that an infant is not placed for supervision with a child who is not an infant. Per name-to-face rosters on 5/12/25, 2 enrolled children were moved from the 1-year-old classroom to the infant classroom. Staff Stated: *(Child) doesn't walk yet, we move them during nap time to help with breaks. *Will move baby down to infants.”

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 the Compliance Officer's observation, staff statement, and facility documentation, the licensee failed to ensure that staff-to-children ratios are maintained at all times. A review of the face-to-name roster for the Toddler/Preschool opening classroom on 5/14/25 documented a ratio of 2:21 with 1-year-olds present, and the roster for the Discovery Preschool closing classroom on 5/15/25 documented a ratio of 2:17 with 1-year-olds present. Staff Stated: *Over by at least 5 on 5/14/25 in the 2's room. *If we have callouts, we're over at least once or twice a week. *Wednesday left over by 2:21 in 2's room. *Very over ratio. *Preschool over-packing before the staff gets there. ***Previously cited 4/7/25, 11/25/24, 5/3/24, and 3/27/24.”

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: Per allegation and based on the Compliance Officer's observation, staff statements and children statements, the licensee failed to ensure second servings of food were made available to each enrolled child at meal times. Staff Stated: *Not tons for everyone to have seconds. *If there are seconds left, we do. We don't have a lot of seconds left. Children stated: *When Staff #1 comes, we are not allowed seconds.”

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: Per allegation and staff interview, the licensee failed to ensure teachers are teaching, modeling, and encouraging orderly conduct, personal control, and age-appropriate behavior when staff yell at enrolled children. Staff Stated: *Parents have complained about tone. *Staff, instead of redirecting, just yell. *The staffs' tone of voice is harsh. ***Previously cited 4/30/25, 4/7/25, and 7/10/24.”

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

“Findings: Based on the Compliance Officer's observation and staff statements, the health, safety, or welfare of an enrolled child was placed at risk of harm when a teacher in the 1's classroom fell asleep during nap time. Staff Stated: *(Staff) is constantly falling asleep at nap time. Sometimes 5-10 minutes asleep. *(Staff) falls asleep at nap time. ***Previously cited 4/7/25, 11/25/24, and 5/3/24.”

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 observation, the following was observed: Toddler B Bathroom: There was a water spicket between the two toilets that had a buildup of rust and calcium, accessible to enrolled children; Preschool Bathroom: There was a chip on the toilet tank lid of the right toilet, exposing sharp ceramic edging; Pre K Bathroom: There was a yellow liquid substance located in 1 of 3 toilets.”

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 the Compliance Officer's observation, staff did not teach, model, and encourage orderly conduct, personal control, and age-appropriate behavior when the teacher in the Toddler A room was yelling at a child. The staff stated: "No, stop, you are getting annoying." "I am not picking you up." "Get down, now!" x2”

AAC R9-5-203.G. G. If required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on the Compliance Officer's observation, the file for Staff #3 (DOE 3/24/25) lacked documentation of the staff's background check submittal and results.”

AAC R9-5-301.B. B. A licensee shall ensure that a facility director: 1. Designates, in writing, an individual who meets the requirements of R9-5-401(2) to act on behalf of the facility director when the facility director is not present in the facility; 2. Supervises or assigns a teacher-caregiver to supervise each staff member who does not meet the qualifications of R9-5-401(3); 3. Prepares a dated attendance record for each day and ensures that each staff member documents on the attendance record the time of each arrival and departure of the staff member; and 4. Maintains on the facility premises, the dated attendance record required in subsection (B)(3) for 12 months after the date on the attendance record.

“Findings: Based on the Compliance Officer's observation, the following staff attendance records lacked the following: *Staff #1: Lacked a time of departure from the facility on 4/22/25 and 4/23/25; *Staff #2 and Staff #3: Lacked a time of departure from the facility on 4/23/25; and *Staff #4: Lacked a time of departure from the facility on 4/25/25.”

AAC R9-5-302. A. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following:1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Age-appropriate discipline guidelines and methods; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; and 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services. B. A licensee shall provide a copy of the written statement of child care services: 1. To the Department: a. Before the facility receives a license, and b. Every 12 months after the date of the license as required by A.R.S. § 36-883.01; and 2. To a parent when the parent requests a copy of the written statement of child care services.

“Findings: Based on the Compliance Officer's observation, the facility's written statement of services lacked a statement on the responsibilities and participation of parents in the facility activities.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on the Compliance Officer's observation, the facility lacked a current, violation-free fire inspection conducted by the local jurisdiction. The most recent inspection was conducted by a third party.”

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

“Findings: Based on the Compliance Officer's observation, upon the arrival of the Compliance Officer, Staff #3 (DOE 3/24/25) was working as the director designee. The file for Staff #3 lacked educational and experience documentation to qualify the staff member as the director designee. The international education documents in the file were not translated or evaluated as equivalent to or higher than a high school diploma from the United States.”

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 the Compliance Officer's observation, the files for Staff #5, Staff #8, and Staff #3 lacked the following: Staff #5 (DOE 1/13/24): The staff's telephone number; Staff #8 (DOE 1/14/25): The staff's home address; and Staff #3 (DOE 3/24/25): 2 good-faith references and the contact date.”

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 the Compliance Officer's observation, the file for Staff #3 (DOE 3/24/25) lacked documentation of the staff's completed 10-day training.”

AAC R9-5-501.A.18. A. A licensee shall ensure that:18. Each enrolled child’s pacifier is labeled with an identifier that is specific to the enrolled child and maintained in a clean condition;

“Findings: Based on the Compliance Officer's observation, 4 pacifiers reviewed lacked an identifier.”

AAC R9-5-501.A.19. A. A licensee shall ensure that:19. Except as provided in subsection (A)(20), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“Findings: Based on the Compliance Officer's observation, in the Preschool room, there was a plunger on the floor by the toilet in the right bathroom stall.”

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 Officer's observation, staff failed to supervise each enrolled child at all times, when the teacher in the Preschool room did not supervise two enrolled children while they were in the bathroom.”

AAC R9-5-502.C.1.l. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: l. 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 the Compliance Officer's observation, the infant feeding instructions for Child #1 and Child #2 lacked the times and frequency of feedings.”

AAC R9-5-502.C.3.a. C. A licensee shall ensure that: 3. When preparing, using, or caring for an infant's feeding bottles, a staff member: a. Labels each bottle received from the parent with the infant's name;

“Findings: Based on the Compliance Officer's observation, in the infant room fridge, 4 bottles were labeled with the child's first name and last initial only.”

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 the Toddler A room, there were 2 spray bottles, 1 wipe package, keys, an iPad, and a highlighter located on the diaper changing 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 the Compliance Officer's observation, in the Infant room, the diaper changing sink was 74.8° F rather than between 86° F and 110° F 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 Officer's observation, the diaper changing area in Toddler B lacked a soiled clothing container. The container was located in the classroom bathroom.”

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.

“Findings: Based on the Compliance Officer's observation, the following personal products lacked a label with the child's first and last name: Toddler B: 3 wipes were labeled with the child's first name and last initial only; Infant Room: 2 wipes were labeled with the child's first name only, 1 wipe, 1 diaper paste, and 2 Aquaphor containers lacked a label; and Toddler A: 1 wipe, 2 diaper creams, and 1 Vaseline tub were labeled with the child's first name only, and 1 wipe lacked a label.”

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

“Findings: Based on the Compliance Officer's observation, the exit of the Toddler playground was blocked by a toy storage container. The toy container was angled to block the walkway leading to the exit gate of the playground.”

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

“Findings: Based on the Compliance Officer's observation, the following fall zones on the Preschool playground lacked 6 inches of resilient surfacing as required: *Stairs: Lacked 5 of the 6 inches required; *Red twist slide: Lacked 5 of the 6 inches required; *Red straight slide: Lacked 4 of the 6 inches required; and *Red climber: Lacked 4 of the 6 inches required.”

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, the following hazards were accessible in the outdoor activity areas: Preschool Playground: There was a 29"x28" hole in the ground near the East wall and a 25"x12" hole in the ground near the south fence; and Toddler Playground: 1 yellow trike was missing 1 of 2 pedals.”

AAC R9-5-514. A. A. A licensee shall ensure that there is a first aid kit on facility premises that contains first aid supplies in a quantity sufficient to meet the needs of the enrolled children including the following:1. Sterile bandages including: a. Adhesive bandages of assorted sizes, b. Sterile gauze pads, and c. Sterile gauze rolls; 2. Antiseptic solution or sealed antiseptic wipes; 3. A pair of scissors; 4. Adhesive tape; 5. Single-use, non-porous gloves; and 6. Reclosable plastic bags of at least one-gallon size.

“Findings: Based on the Compliance Officer's observation, the facility's first aid kit lacked antiseptic wipes, scissors, and gauze pads.”

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 observation, there was a dried yellow substance on the ground between the right toilet and the bathroom stall of the Toddler B bathroom.”

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 the Compliance Officers' observations and staff statements, staff failed to teach, model, and encourage orderly conduct, personal control, and age-appropriate behavior. Staff Stated the following: *Teacher is "too aggressive" when they talk. *(Staff's) tone. *Would not be comfortable leaving my children alone with them. *(Staff) raises their voice a lot. *When (staff) talks to 1-year-olds it's too aggressive. *Left an infant crying for 5-10 minutes.”

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

“Findings: Per allegation and based on the Compliance Officers' observations and staff statements, staff failed to supervise each enrolled child at all times when an enrolled child in the 2's class was left alone outside on the Pre-K playground. Staff stated the following: *That's when we realized (child) was outside. *(Child) was outside by themself, the door was cracked, but no teacher was outside. *No staff members were with the child.”

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

“Findings: Based on the Compliance Officer's observation, the file for Staff #5 (DOE 12/5/2024) lacked a copy of the staff's fingerprint clearance card, and the file for Staff #2 (DOE 1/13/2024) lacked a copy of the front of the staff's fingerprint clearance card.”

AAC R9-5-301.B. B. A licensee shall ensure that a facility director: 1. Designates, in writing, an individual who meets the requirements of R9-5-401(2) to act on behalf of the facility director when the facility director is not present in the facility; 2. Supervises or assigns a teacher-caregiver to supervise each staff member who does not meet the qualifications of R9-5-401(3); 3. Prepares a dated attendance record for each day and ensures that each staff member documents on the attendance record the time of each arrival and departure of the staff member; and 4. Maintains on the facility premises, the dated attendance record required in subsection (B)(3) for 12 months after the date on the attendance record.

“Findings: Based on the Compliance Officer's observation and staff statements, the licensee failed to supervise or assign a teacher-caregiver to each staff member who does not meet the qualifications of a teacher-caregiver. Staff #6 (DOE 1/14/2025) has worked alone and unsupervised and does not qualify as a teacher-caregiver. Staff stated the following: *We realized last week (staff) could be alone. *(Staff) was left alone today and closing.”

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

“Findings: Based on the Compliance Officer's observation and a review of 6 staff files, Staff #5 and Staff #6 have worked as teacher caregivers and lack 6 months of child care experience as required: Staff #5 (DOE 12/5/24): Lacked 2 of 6 months of child care experience required; and Staff #6 (DOE 1/6/25): Lacked 3 of 6 months of child care experience 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 the Compliance Officer's observation, the file for Staff #3 (DOE 5/13/24) lacked documentation of current and continuous enrollment in high school or a high school equivalency class.”

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 the Compliance Officers' observation and staff statements, the ratio was 0:1 when an enrolled child was left alone on the Pre K playground. Staff stated the following: *(Child) was outside by themself, the door was cracked, but no teacher was outside. *They (child) were found on the Pre K Playground. *No staff members with the child. *When they came back in from the playground, a child was left outside.”

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: Per allegation and based on the Compliance Officers' observations and staff statements, the health, safety, and welfare of an enrolled child was placed at risk of harm when an enrolled child in the 2's class was left alone on the Pre-K Playground while transitioning inside from the playground. Staff stated the following: *When they came back from the playground, a child was left outside. *That's when we realized (child) was outside. *(Child) was outside by themself, the door was cracked, but no teacher was outside. *Found on the Pre K playground. *No staff members were with the child.”

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

“Findings: Based on the Compliance Officer's observation, 5 of 8 Emergency, Information, Immunization Record cards reviewed lacked the following: *Child #1: The child's date of enrollment and the name and contact telephone number of the child's health care provider; Child #2: The child's date of enrollment, home address, city, state, zip code, the name and contact telephone number of the child's health care provider, and a signature on the back of the card; Child #3 and Child #4: The child's date of enrollment; and Child #5: The child's date of enrollment and date of dis-enrollment.”

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

“Findings: Per allegation, based on staff statements, the Compliance Officers' observations, and documentation, staff failed to supervise enrolled children at all times. On 11/22/2024, Child #1 was off the facility premises, alone and unsupervised, when Child #1 climbed up and over a brick wall. Staff stated the following: *On 11/22/2024 around 9:00 AM, Staff #1's back was turned away from Child #1 while tending to another enrolled child. Child #1 had climbed on top of a 48" chain link fence, hoisted themselves onto a 70.5" brick wall, and flipped over onto the other side of the wall, removing themselves from the outdoor activity area, and off the facility premises. Staff #1 did not know that Child #1 had climbed the fence until the other children present started yelling that Child #1 was on top of the fence. *Staff #1 opened the Pre-K door and yelled "I need help" Child #1 "went over the gate". Documentation revealed that Child #1 was alone on the opposite side of the playground premises. During the investigation, in the 3's room, a staff was seated at a desk while a child was in the toilet room with the door closed. The child was sitting on the floor of the toilet room changing their clothes, and the teacher could not see the child.”

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: Per allegation and based on staff statements and documentation, the health, safety, and welfare of enrolled children was placed at risk of harm. An incident report dated 11/22/2024, stated Child #1 climbed the playground wall. Staff and children stated the following: *Child #1 was observed on top of a brick wall and was observed pushing themself up, and flipped over the wall. (The brick wall was 70.5 inches high.) *Child #1 was on the opposite side of the playground premises until a staff was able to stand on top of a tricycle and pull Child #1 over the wall. *Child #1 "went over the gate". Documentation dated 11/22/2024, stated Child #1 climbed the brick wall and was located on the opposite side of the playground premises. During the investigation, in the 2's and in the 3's rooms, 1 child in each room was observed sleeping on a cot with a blanket covering their face.”

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 documentation and staff statements, on 11/22/2024 around 9:00AM, the staff-to-child ratio was 0:1, when Child #1 climbed the wall and left the facility premises. Documentation revealed that Child #1 scaled the playground wall and left the facility premises. Staff stated Child #1 climbed over the fence.”

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

“Findings: Based on the Compliance Officers' observations, facility documentation and staff statement, the file for Staff #1 (DOE 8/19/2024) lacked documentation of six months of child care experience. Staff stated Staff #1 works alone with enrolled children. Staff #1 was observed working as a teacher-caregiver in the Pre-K classroom.”

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 Officers' observations and staff statement, the roster in the 2's room documented 15 children, and 14 children were present. Staff stated a child left earlier with the parent but they were not sure if the child was coming back.”

AAC R9-5-305.A. A. A licensee shall not permit an enrolled child to attend a facility until the facility receives: 1. An immunization record for the enrolled child with the information required in 9 A.A.C. 6, Article 7, documenting that the enrolled child has received all current, age-appropriate immunizations required under 9 A.A.C. 6, Article 7: a. Provided by a healthcare provider, or b. Generated from the Arizona State Immunization Information System, which is the Department’s child immunization reporting system established in A.R.S. § 36-135; or 2. An exemption affidavit for the enrolled child provided by the enrolled child’s parent that contains: a. A statement, signed by the enrolled child’s health care provider, that the immunizations required by 9 A.A.C. 6, Article 7 would endanger the enrolled child’s health or medical condition; or b. A statement, signed by the enrolled child’s parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on the Compliance Officers' observations and facility documentation, the Emergency, Information, Immunization Record card for Child #1 lacked immunization documentation.”

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

“Findings: Based on the Compliance Officers' observations and facility documentation, the Emergency, Information, Immunization Record card for Child #1 lacked 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.”

AAC R9-5-301.B. B. A licensee shall ensure that a facility director: 1. Designates, in writing, an individual who meets the requirements of R9-5-401(2) to act on behalf of the facility director when the facility director is not present in the facility; 2. Supervises or assigns a teacher-caregiver to supervise each staff member who does not meet the qualifications of R9-5-401(3); 3. Prepares a dated attendance record for each day and ensures that each staff member documents on the attendance record the time of each arrival and departure of the staff member; and 4. Maintains on the facility premises, the dated attendance record required in subsection (B)(3) for 12 months after the date on the attendance record.

“Findings: Based on the facility documentation and the Compliance Officers' observations, it was determined that Staff #1 (DOE 8/19/2024) was a teacher-caregiver alone with a group of enrolled children in the Pre-K room at the time of the inspection. Staff #1 was not qualified as a teacher-caregiver and was not supervised by a qualified staff member.”

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 staff statement, there was a 5" gap between the wooden slats on the playground gate when the incident occurred on 11/22/2024. The COs observed a piece of plywood on the opposite side of the gate during the investigation. Staff stated the plywood was added after the incident occurred.”

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: Per allegations: Based on staff interviews, facility documentation, and observation, Staff #1 did not teach or model orderly conduct and personal control when the staff member removed Child #1 from the Preschool classroom and was heard by multiple staff threatening to spank the child. Written Staff statements: *Staff #2 notated; "Staff #1 told them "Do you want me to take you to the bathroom and spank you?" Child #1 kept screaming at Staff #1 at which point they took Child #1 to the bathroom and locked the door." *Staff #3 notated; "Staff #1 came up to Child #1 at my desk and was telling them, they were going to take them to the bathroom and spank them."”

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: Per allegations: Based on staff interviews, facility documentation, and observation, Staff #1 did not teach or model orderly conduct and personal control when the staff member removed Child #1 from the Preschool classroom and was heard by multiple staff threatening to spank the child. Written Staff statements: *Staff #2 notated; "Staff #1 told them "Do you want me to take you to the bathroom and spank you?" Child #1 kept screaming at Staff #1 at which point they took Child #1 to the bathroom and locked the door." *Staff #3 notated; "Staff #1 came up to Child #1 at my desk and was telling them, they were going to take them to the bathroom and spank them."”

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 Compliance Officer #1's observation, Discovery preschool B's lesson plan lacked a date and Preschool lacked a lesson plan.”

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, there were pens in the infant room's middle section of the diaper changing surface.”

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, the soiled diaper container in the 1's room was on the floor next to the diaper changing table accessible to the enrolled children.”

AAC R9-5-512.B. B. A licensee shall maintain facility premises and furnishings:1. In a clean condition, and 2. Free from odor.

“Finding: Based on Compliance Officer #1's observation, the west air vent in the infant room was covered in a gray fluffy substance. On the northeast corner of the preschool playground, trash and debris were accessible to the enrolled children.”

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 #2's observation, the preschool bathrooms lacked mounted toilet paper from a dispenser.”

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 Compliance Officer #1's observation, one tricycle on the toddler playground lacked a pedal, and two bikes on the preschool playground lacked one foot pedal.”

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

“Findings: Based on facility documentation and Compliance Officer #2's observation, 2 of 4 staff files lacked the following: Staff #2 (start date 2/12/24) and Staff #3 (start date 3/5/24): Copies of the front and back of their fingerprint clearance cards.”

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, 5 of the 15 children's Emergency Information and Immunization record cards lacked the following: Child #1: The name and phone number of the child's health care provider. Child #2: The 2nd parent/guardian's name, address, and phone number; the name and phone number of the child's health care provider. Child #3: The 2nd parent/guardian's name, address, and phone number; the name and phone number of the child's health care provider; the name of the individual to call first in case of the child's sudden illness or injury. Child #4 and Child #5: Date of enrollment.”

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 Compliance Officer #2;s observation, 3 of 15 children's records lacked immunizations: Child #6 Child #7 Child #8”

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 Compliance Officer #2's observation, 4 of 15 children's attendance records lacked the following: Child #1: No time of release or signature on 5/2, 5/3, 5/6-5/9, 5/14-5/16/2024. Child #9: Signed in and out with initials and not at least a first initial and full last name. Child #10: No arrival signature or release signature on 5/6/2024. Child #11: No time of arrival or signature on 5/15/2024.”

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, 1 of 4 staff files lacked 10 day new staff training: Staff #1 (start date 3/26/2024)”

AAC R9-5-501.A.19. A. A licensee shall ensure that:19. 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 Compliance Officer #1's observation, there was a toilet plunger and toilet brush in the east preschool bathroom.”

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 observations, 1 of 4 staff files reviewed lacked the following: Staff #1's (start date 3/26/2024) DCS background affidavit lacked a date.”

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

“Findings: Based on the Compliance Officers' observations the health, safety, and welfare of enrolled children was placed at risk of harm when 10 enrolled children were left unsupervised in the West, North, and East playgrounds. 1 child opened the classroom door from the West playground where the COs were interviewing staff. As COs approached the child, they noticed the child was alone. Staff #1 was observed opening the North gate and started walking toward the child. CO #1 quickly went to the North playground and observed 7 children were left alone. CO #1 then walked to the East playground and observed 2 children were left alone.”

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

“Findings: Based on the Compliance Officers' (COs) observations, the following staff-to-children ratios were not maintained: *1's room: The ratio was 1:7 with 1 year old children present and a required ratio of 2:7. *2's room: The ratio was 2:17 with 1 and 2 year old children present and a required ratio of 3:17. *West Playground: The ratio was 0:1 with 3 year old children present and a required ratio of 1:1. *North Playground: The ratio was 0:7 with 3 year old children present and a required ratio of 1:7. *East Playground: The ratio was 0:2 with 3 year old children present and a required ratio of 1:2. Previously Cited: 3/27/2024, 10/20/2022”

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, Staff #1 failed to supervise enrolled children at all times when 10 children were left alone in the West, North, and East playgrounds and Staff #1 was not accountable for the actions and whereabouts of the children. 1 child was observed to be alone by the COs when the child opened the classroom door from the West playground. COs observed Staff #1 walking toward the child leaving behind 7 children unsupervised on the North playground and 2 children unsupervised on the East playground. Previously Cited: 6/5/2023”

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 the Compliance Officers' observations, a staff used the diaper changing sink to rinse a child's sippy cup.”

AAC R9-5-602.A. A. A licensee shall ensure that the facility meets the following square footage requirements for indoor activity areas based on the child care services classifications:1. At least 35 square feet of indoor activity space for each infant and 1-year-old child; 2. At least 25 square feet of indoor activity space for each child who is not an infant or 1-year-old child; and 3. When 1-year-old children are grouped together with children older than 1-year-old children in the same activity area, at least 35 square feet of indoor activity space for each child.

“Findings: Based on the Compliance Officers' observations, the 2’s room was over capacity when 17 1 and 2 year old children were present in the activity area. The licensed room capacity is 16.”