Kindercare Learning Center

AAC R9-5-516.G. G. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the medication prescriptions for Child #6 expired on 1/13/2026, Child #7 expired on 1/9/2026, and Child #11 expired on 07/2025. The expired medications had not been returned to the parents.”

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

“Findings: Based on the Compliance Officer's observations, in the outdoor activity area, the following hazards were accessible to enrolled children: Toddler Playground: There was a broken piece of the frame with sharp plastic edges on the little tykes car. Preschool playground: There were missing rubber handlebar grips with exposed sharp metal edges on 7 bikes/trikes. School-age playground: There was broken plastic with sharp edges on the blue teeter-totter. Preschool and School-age playground There was chipped/cracked paint with sharp edges along the fence line of the green fence.”

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 observations, in the Toddler B classroom, the diaper changing area lacked single use paper towels.”

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. 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 the Compliance Officer's observations, the kitchen lacked the posted dietary instructions for the enrolled infants.”

AAC R9-5-203.A. A. A licensee shall ensure that a staff member completes, signs, dates, and submits to the licensee, before the staff member’s starting date of employment or volunteer service: 1. The form required in A.R.S. § 36-883.02(C); and 2. If required by A.R.S. § 8-804, the form in A.R.S. § 8-804(I).

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the files for Staff #1 (Date of hire 12/10/2025) and Staff #2 (Date of hire 12/16/2025) lacked documentation of the DCS Registry prior to their 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 facility documentation and the Compliance Officer’s observation, it was determined that 5 out of 25 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #1:The name of the individual to be contacted in case of injury or sudden illness of the child. Child #2, Child #4, and Child #5: The name, home address, city, state, zip code, and contact telephone number of the second parent of the child. Child #3: The name of the individual to be contacted in case of injury or sudden illness of the child and a parent's signature.”

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

“Findings: Based on facility documentation and the Compliance Officers' observations, it was determined that staff #3 (employment date 04/01/2025) was a child educator. Staff #3 was not qualified as a child educator because the staff file lacked a valid high school diploma or high school equivalency diploma.”

AAC R9-5-502.C.1.lk. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: k. Obtains written, current, and dated dietary instructions from a parent or health care provider regarding the method of feeding and types of foods to be prepared or fed to an infant at the facility;

“Findings: Based on facility documentation and the Compliance Officer's observation, in the Infant room, it was determined that 10 out of 13 dietary instructions lacked a schedule documenting when and/or how much to feed the infant.”

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

“Findings: Based on the Compliance Officer's observations, in the Twos A toilet room, a diaper was in the waste receptacle rather than the diaper changing areas soiled diaper container as required.”

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

“Findings: Based on the Compliance Officers' observations the following areas were not maintained in a clean condition: Preschool/Pre K playground: There were crushed water cups, empty water bottles, and other debris by the play structure and strewn about the grassy areas. School-age playground: There were crushed water cups and other debris strewn about the sidewalk. There were 8 used hand/face wipes on the ground next to the waste receptacle.”

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, in the Toddler B classroom's toilet room, one toilet paper holder lacked toilet paper. And the second toilet paper holder lacked toilet paper and there was a roll of toilet paper placed on top of the holder. The Preschool classroom's toilet room lacked toilet paper and a roll of toilet paper was placed on top of the holder.”

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 facility documentation and the Compliance Officer’s observation, the medication forms lacked the following required information: Child #8: The reason for the medication. Child #11: The prescription number of the medication.”

AAC R9-5-516.B.4. B. If prescription or nonprescription medications are administered, a licensee shall ensure that: 4. A staff member: a. Administers a prescription medication provided by a parent only from a container dispensed by a pharmacy; b. Administers a nonprescription medication provided by a parent for an enrolled child only from a container prepackaged and labeled for use by the manufacturer and labeled with the enrolled child’s name; c. Does not administer any medication that has been transferred from one container to another; and d. Does not administer a nonprescription medication to an enrolled child inconsistent with the instructions on the nonprescription medication’s label, unless the facility receives written authorization from the enrolled child’s health care provider.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the medication for Child #9 lacked 1 of 2 doses of the medication prescribed by the health care provider and dispensed by the pharmacy.”

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, in the outdoor activity area, the following hazards were accessible to enrolled children: *A window screen had pulled away from the window frame and was hanging into the walkway of the basketball court. *There was missing rubber and exposed sharp metal from the handlebars of 3 yellow trikes and 2 double bikes.”

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, it was determined that 7 out of 15 enrolled children's attendance forms lacked the following information: Child #10: A release signature and time for 01/07/2025. Child #11: A release signature and time for 01/13/2025. Child #12: An arrival signature and time for 01/09/2025, 01/13/2025, and 01/15/2025. A release signature and time for 01/21/2025. A release signature and time for 01/21/2025. Child #13: A release signature and time for 01/09/2025. Child #14: A release signature for 01/10/2025. Child #15 and Child #16: A release signature and time for 01/17/2025.”

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 staff statements and the Compliance Officers' observations, Child #4 lacked a written immunization record. Staff was asked for the immunization record and looked in the child's file. Staff stated the child's immunization record was not in the file and they needed to get it from the immunization database.”

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

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that 9 out of 20 enrolled children's Emergency, Information and Immunization Record Cards reviewed lacked the following required information: Child #2: The name and phone number of a second individual to contact in case of an emergency. The name of the individual to be contacted first in case of injury or sudden illness. Child #8: The date of enrollment. The name, address, and phone number of the second parent. The phone number of the child’s health care provider. Child #9: The date of enrollment. Child #1, Child #3,Child #4, Child #5, Child #6, Child #7: The name, address, and phone number of the second parent.”

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

“Findings: Based on Compliance Officer #1's observation the diaper changing area hand-washing sinks in the following rooms lacked running water between 86° F and 110° F as required: Infant A: 79° Infant B: 79° Toddler A: 80° Toddler B: 80° Toddler C: 81°”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the file for Staff #1 (start date 09/30/2024) lacked documentation of a copy of a fingerprint clearance card. The fingerprint clearance card was validated through the DPS website during the time of the inspection”

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 facility documentation and the Compliance Officer’s observations, it was determined that the licensee placed the health, safety, or welfare of children at risk of harm when the facility failed to protect the enrolled children in their care from Child #1. Between September 3rd and November 14th, there were 18 incident reports documenting acts of aggression towards other children by Child #1, 12 of those 18 incident reports were for biting other children. 10/24/2024, a child was bitten while playing. 10/25/2024, a child was bitten while riding a bike. 10/29/2024, a child was bitten and a toy was grabbed away from them. 11/11/2024, a child was bitten on the leg. 11/12/2024, a child was bitten on the arm, a second child was bitten on the arm then approximately 5 minutes later on the cheek, a third child was bitten on the hand. 11/13/2024, a staff member was bitten on the arm. 11/14/2024, a child was bitten on the hand, a second child was bitten on the arm, and a third child was bitten on the arm. Between September 3rd and November 14th, 6 of the 18 incident reports documented acts of aggression towards other children. 09/03/2024, grabbed a child by their hair and pulled them off of a bike. 10/24/2024, hit another child on the arm while playing in the block center. 11/04/2024, chased a child, began hitting and jumping on top of them, and then “wiped boogers on them”. 11/06/2024, pushed a child into the wall and hit them. 11/10/2024, took a child’s milk, spit on their lunch, and hit them. 11/11/2024, dumped milk onto a child. Previously cited on 10/23/2023”

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

“Per allegation findings: Based on the Director/staff member interviews and the Compliance Officer’s observations, in the Preschool classroom, staff members failed to supervise enrolled children at all times. The Director stated that on 11/12/2024, a non-staff member witnessed Child #1 bite another child on the arm. The non-staff member informed the 2 staff members in the classroom of what happened. The staff members stated they didn't see Child #1 bite the other child and no one had a visual on Child #1. After biting the child on the arm, Child #1 returned and bit the same child on the cheek. Staff members state they did not witness Child #1 bite the other child on the cheek, only saw Child #1 running away. The Director stated that “active supervision is missing from staff” in the classroom. Previously cited on 10/23/2023”

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

“Per allegation findings: Based on Staff statements and the Compliance Officer's observations staff failed to supervise an enrolled child at all times in the Infant A room. Staff stated that Child #1 "likes to stand on the cribs and the dividers and mouth the screws." and Staff "had redirected once" away from the area. Staff stated one staff member was diapering and the second staff member was feeding another child in the center of the carpeted area. Staff stated they noticed Child #1 after she had already fallen. Staff picked Child #1 up and noticed the deep cut, staff stated they couldn't figure out what Child #1 cut their face on. Upon arrival in the Infant A room, the Compliance Officer observed 1 infant crawling between the main isle of cribs closest to the door and a second infant was on their stomach halfway under a crib on the south wall by the carpet without staff intervening.”

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 the Compliance Officer's observations, the health, safety, or welfare of an enrolled child was placed at risk of harm in Infant A room. Staff stated that Child #1 "likes to stand on the cribs and the dividers and mouth the screws." and Staff "had redirected once" away from the area. Staff stated they noticed Child #1 on their stomach in the same area as before, and when they lifted Child #1 up off the ground noticed the deep cut across their cheek.”

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 Director's statement and the Compliance Officers' observations, it was determined that the staff-to-children ratio was 0:1 rather than 1:1 as required for 2 year-old children. The Director stated Child #1 ran out of the room and out of the front entrance doors when another child was being picked up.”

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

“Per Allegation Findings: Based on facility documentation, the Director's statements, and the Compliance Officers' observations, the licensee failed to supervise an enrolled child at all times. Facility documentation states that a parent was picking up their child when Child #1 ran out of the slightly open door. Child #1 was brought back in the room a minute later by the same parent. The Director stated that Child #1 was out of staff's supervision for "about a minute and a half".”

AAC R9-5-504.5.b. A licensee providing child care services for 1-year-old and 2-year-old children shall:5. Ensure that: b A staff member serves food to an enrolled child in a feeding chair or at a table with a chair that allows the enrolled child to reach the food while sitting;

“Findings: Based on Compliance Officer #2's observation, in the Two A classroom, an enrolled child was walking around with a piece of banana rather than sitting at a table to eat as required.”

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 facility documentation, the Director's statements, and the Compliance Officers' observations, it was determined that the health, safety and welfare of an enrolled child was placed at risk of harm. Facility documentation and The Director's statement report that Child #1 left the classroom when a door was left slightly open. The Director stated that Child #1 was "outside the front entrance doors" and when this incident was happening the Director was retrieving another child that ran out of another classroom and into the gym. Facility documentation and The Director's statement report that Child #1 was brought back into the facility and returned to the classroom by a parent.”

AAC R9-5-502.A.11. A. A licensee providing child care services for infants shall: 11. Label each food container received from the parent with the infant's name.

“Findings: Based on the Compliance Officer's observation, in Infant room B, the container of soy milk lacked a name.”

AAC R9-5-504.5.d. A licensee providing child care services for 1-year-old and 2-year-old children shall:5. Ensure that: d. If a parent brings a sippy cup for the parent’s enrolled child, the sippy cup is labeled with the enrolled child’s name.

“Findings: Based on the Compliance Officer's observations, in the Toddler A classroom, there were 7 sippy cups that lacked a label with the child's first and last name. In the Toddler B classroom, there were 4 sippy cups that lacked a label with the child's first and last name.”

AAC R9-5-501.C.9. C. 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 observations, in the following rooms, enrolled children's personal products lacked a first and last name as required: Infant A room: There were 3 packages of wipes labeled with first name only and 1 package of wipes labeled with first name and last initial. Infant B room: There were 3 packages of wipes labeled with first name only, 1 package of wipes labeled with first name and last initial, and 1 ointment without a label. Toddler A classroom: There was 1 package of wipes with first name only, 5 ointments with first name only, 2 ointments with first name and last initial, and 1 ointment without a label. Toddler B classroom: There were 2 packages of wipes labeled with first name only, 3 packages of wipes labeled with first name and last initial, and 2 packages of wipes without a label. There were 5 ointments labeled with first name only. Toddler C classroom: There were 4 packages of wipes with first name only and 2 packages labeled with first name and last initial. 1 ointment was labeled with first name only and 3 ointments were labeled with first name and last initial. Two A classroom: There were 1 package of wipes labeled with first name only and 2 packages of wipes labeled with first name and last initial. Two B classroom: There were 2 packages of wipes labeled with first name only and 2 packages of wipes labeled with first name and last initial.”

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

“Findings: Based on the Compliance Officer's observation, in the Toddler C classroom's toilet room, there was a chair by the door.”

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

“Findings: Based on facility documentation and the Compliance Officer's observations, the Toddler A, Two A, and Two B, the posted lesson plans lacked dates.”

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 observations, in the Toddler C classroom, 3 enrolled children were observed to have black marker covering the area around their mouth and nose as well as on their arms. An enrolled child was sitting on top of the table without staff taking action or intervening to remove the child.”

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

“Findings: Based on the Compliance Officer's observations, in the hallway, there was a mop bucket full of water accessible to enrolled children. In the PreK classroom, there was a broom and dustpan by the hand washing sinks accessible to enrolled children.”

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, in Infant room B, there was torn Vinyl with frayed edges on the blue and green colored climber.”

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 facility documentation and the Compliance Officer's observation, Staff #3 (start date 11/06/2023) was an assistant teacher-caregiver. Staff #3 was not qualified as an assistant teacher-caregiver. The file for Staff #3 lacked documentation of a high school diploma or high school equivalency diploma.”

AAC R9-5-605.B.16. B. A licensee shall ensure that:16. The fire extinguisher required in subsection (A): a. Is serviced at least once every 12 months; and b. Has a tag attached to the fire extinguisher that specifies the date of the last servicing and the identification of the person who serviced the fire extinguisher; and

“Findings: Based on facility documentation and the Compliance Officer's observation, in the Preschool classroom, it was determined the fire extinguisher was last serviced in 02/2022 and had expired in 02/2023.”

AAC R9-5-605.B.6. B. A licensee shall ensure that: 6. Except for a room used only for an enrolled school-age child, each unused electrical outlet is covered with a safety plug cover or insert;

“Findings: Based on the Compliance Officer's observations, in Infant room B, an outlet lacked a cover next to the door. In Toddler A classroom, an outlet lacked a cover by the cubby wall. In the Preschool classroom, The outlets on the west and east wall lacked a cover.”

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

“Findings: Based on the Compliance Officer's observations, in the outdoor activity area, the following hazards were accessible to enrolled children: On the basket ball court, the kick plate at the bottom of the door is separating and pulled perpendicular to the door. On the large playground, there was missing rubber grips with rough metal on 4 trikes. On the small playground, there was missing rubber grips with rough metal on the trike. There was a missing steering wheel with rough plastic edges on the fire truck.”

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 facility documentation and the Compliance Officer's observations, the following medication authorization forms were incomplete: Child #7: Lacked an end date for the dosing period. Child #8: Lacked the reason for the medication, an end date for the dosage period, and the frequency of administration. Child #9: Lacked a prescription number for the medication.”

AAC R9-5-512.F. F. A licensee shall ensure that:1. Each toilet room in a facility contains, within easy reach of enrolled children: a. Mounted toilet tissue; and b. Except as provided in subsection (G): i. A sink with running water; ii. Soap contained in a dispenser; and iii. Disposable, single-use paper towels in a mounted dispenser, or a mechanical air hand dryer; 2. Staff members wash their hands with soap and running water after toileting; 3. An enrolled child’s hands are washed with soap and running water after toileting; 4. Except for a cup or receptacle used only for water, food waste is stored in a covered container and the container is clean and lined with a plastic bag; 5. Food waste and other refuse is removed from the facility building at least once every 24 hours or more often as necessary to maintain a clean condition and avoid odors; 6. A staff member or an enrolled child does not draw water for human consumption from a toilet room handwashing sink; 7. Toys, materials, and equipment are maintained in a clean condition; 8. Plumbing fixtures are maintained in a clean and working condition; and 9. Chipped or cracked sinks and toilets are replaced or repaired.

“Findings: Based on the Compliance Officer's observations, in the Preschool classroom's toilet room, there was toilet paper on top of the dispenser. In the Two A classroom's toilet room, there was no toilet paper in the dispenser. In the Two A classroom, the diaper changing sink drain is not draining properly and the sink fills with water.”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the Licensee lacked documentation of a current violation-free fire inspection report as required. The inspection on file expired in 08/2023.”

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

“Findings: Based on facility documentation and the Compliance Officer's observations, it was determined that 6 out of 15 enrolled children's attendance forms lacked the following information: Child #1: An arrival signature and time for 01/08/2024, 01/09/2024, 01/22/2024, and 01/24/2024. Child #2: Initials were used for arrival and departure signatures for 01/09/2024-01/11/2024, 01/16/2024-01/19/2024, and 01/23/2024. A departure time and signature for 01/22/2024. Child #3: A departure time and signature for 01/16/2024. Child #4: An arrival time and signature for 01/05/2024 and 01/17/2024. Child #5: A release time and signature for 01/22/2024. Child #6: A release time and signature for 01/19/2024 and 01/22/2024.”

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 facility documentation and Compliance Officer's observations, the files for Staff #1 (start date 11/09/2023), Staff #2 (start date 10/16/2023), Staff #3 (start date 11/06/2023) and Staff #4 (start date 11/29/2023 ) lacked documentation of the submitted DCS Central Registry Clearance form.”

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 classroom, there was a brown colored liquid in the toilet bowl.”

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, in the Preschool classroom's toilet room, toilet paper wrappers were on the floor wadded up and stuffed between the toilet and wall.”

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 observations, in Infant room A, there were 5 bottles labeled with first name only and 1 bottle labeled with first name and last initial.”

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 Infant room A and Infant room B, there were dry erase markers 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 observations the diaper changing area hand-washing sinks in the following rooms lacked running water between 86° F and 110° F as required: Infant room B-73 degrees Toddler A-83 degrees Two A-71 degrees”

AAC R9-5-512.F. F. A licensee shall ensure that: 1. Each toilet room in a facility contains, within easy reach of enrolled children: a. Mounted toilet tissue; and b. Except as provided in subsection (G): i. A sink with running water; ii. Soap contained in a dispenser; and iii. Disposable, single-use paper towels in a mounted dispenser, or a mechanical air hand dryer; 2. Staff members wash their hands with soap and running water after toileting; 3. An enrolled child’s hands are washed with soap and running water after toileting; 4. Except for a cup or receptacle used only for water, food waste is stored in a covered container and the container is clean and lined with a plastic bag; 5. Food waste and other refuse is removed from the facility building at least once every 24 hours or more often as necessary to maintain a clean condition and avoid odors; 6. A staff member or an enrolled child does not draw water for human consumption from a toilet room handwashing sink; 7. Toys, materials, and equipment are maintained in a clean condition; 8. Plumbing fixtures are maintained in a clean and working condition; and 9. Chipped or cracked sinks and toilets are replaced or repaired.

“Findings: Based on the Compliance Officers' observations, the Pre-K classroom paper towel dispenser lacked paper towels. In the Pre-K classroom's toilet room, the face plate was missing from the toilet paper holder exposing the inside of the double roll dispenser. In the Pre-K classroom toilet room, there were 3 blue bins and 1 red bin with toys on a table and a doll house on the floor. In the Two A classroom's toilet room, a plastic truck was on the floor next to the sink.”

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 #2's observation, in the Two A classroom, a used diaper wipe was on the floor next to the diaper changing station near toilet room.”

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

“Findings: Based on Compliance Officer #2's observation, in the Toddler B classroom, a child was sleeping on a couch rather than on a cot or mat as required.”

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

“Findings: Based on Compliance Officer #1's observations, in the Two A classroom, there was a doll, 2 spray bottles, a sponge, a jar of paint brushes, a container of paint, a bag of wipes, loose gloves, a diaper, a plastic red horse, and a plastic green dinosaur on the diaper changing surface. In the Two B classroom, there was 2 rolls of paper towels, a bag of wipes, and a tube of diaper ointment on the diaper changing surface.”

AAC R9-5-501.C.9. C. 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 Compliance Officer #1's observations, in the Two B classroom, 1 container of wipes and 1 tube of ointment on diaper changing surface were labeled with the child's first name and last initial, rather than first and last name as required.”

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

“Per allegation findings: Based on the Compliance Officers’ observations, the staff members failed to supervise enrolled children at all times in the following areas: The Compliance Officers' observed a child enter the Two A classroom from the outdoor activity area while staff straddled the doorway, alone and unsupervised. The Compliance Officers' observed a child enter the Pre-K classroom from the outdoor activity area while staff straddled the doorway, alone and unsupervised. Compliance Officer #1 observed 2 separate times where Two B staff and Pre-K staff were talking over the fence with their backs turned to the children in the outdoor activity area. Compliance Officer #2 observed a 1-year-old child crying and staff did not acknowledge the child. Compliance Officer #1 observed an enrolled child asleep at the picnic table in the Pre-K outdoor activity area. Compliance Officer #2 observed a two-year-old child being bitten by another child in the outdoor activity area while looking out of the Two A classroom's window.”

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 facility documentation and the Compliance Officers' observations, the licensee placed the health, safety, or welfare of children at risk of harm when the facility failed to protect the enrolled children in their care from Child #1. A review of Child #1's ABC behavior chart's from 08/01/2023-10/14/2023 (21 days of operation) documents 131 acts of physical aggression towards children. Prior to the complaint (00064180) date of 09/26/2023 (17 days of operation), Child #1 committed 111 acts of physical aggression towards children. The physically aggressive acts were: scratching, kicking, hitting with objects, choking, shoving to the ground, throwing objects, and biting. In the Two A classroom's toilet room, a package of wipes were on the floor and 2 pull-ups were on top of the toilet paper holder. The Director stated staff were aware they "can't change diapers in the bathroom."”

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 Officers' observations, in the Pre-K classroom's toilet room's, the right side room there were 2 plungers next to the toilet and in the left room there was 1 plunger next to the toilet and accessible to enrolled children. In the Two A's classroom, there was a can of Febreze on the diaper changing surface and accessible to enrolled children.”

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

“Findings: Based on Compliance Officer #2's observation, in the Two's outdoor activity area, there was a 6 inch gap between the base of the west fence and the ground.”