Kindercare Learning Center

AAC R9-5-510.A.1. A. A staff member shall provide guidance to help children respond to difficult situations. To develop self-regulation, children should receive adult support that is individual to the child and adapts as the child develops internal controls. This process should include: 1. Forming a positive relationship with the child, which occurs when the adult spends time talking to the child, listening to the child, following the child’s lead, playing with the child, and responding to the child’s needs; 2. Base expectations on the child’s developmental level; 3. Establishing and being proactive in teaching and supporting children in learning simple rules; 4. Modifying the learning/play environment to support the child’s appropriate behavior; 5. Creating a predictable daily routine and schedule; 6. Modeling desired behavior; 7. Showing children positive alternatives; 8.Using deliberate redirection, the staff member should encourage the child to use appropriate behavior, and provide positive feedback when the child exhibits the behavior; 9. Individualized positive discipline strategies based on the individual needs of children, such as using a buddy system, individualized schedule, special break, or another applicable positive discipline strategy; and 10. If applicable, a licensee shall develop a written plan with the enrolled child's parent to provide individualized social and emotional intervention supports for the enrolled child that includes methods for understanding the enrolled child's behavior, and developing, adopting, and implementing a team-based positive behavior support plan.

“Findings: Per Allegation: Based on staff statements and the Compliance Officers' observations, it was determined that staff failed to teach and model desired behaviors in the classroom. Staff stated: Staff yelled in a child's face Staff say stop doing that Sometimes I think yelling is needed. I would not want staff yelling at my kid that way.”

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

“Findings: Based on facility documentation and the Compliance Officers' observations, it was determined that Staff #1 was a Child Educator, but was not qualified because the staff file lacked documentation of 6 months of child care experience.”

ARS § 36-883.02.A. A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work.

“Findings: Based on facility documentation and the Compliance Officers' observation, it was determined that Staff #1 (starting date of employment: 4/13/2026) lacked a valid fingerprint clearance card before the starting date of employment. The DPS website stated "waiting on applicant fingerprints."”

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 child educator 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 Officers' observation, Staff #1 was alone and unsupervised by a qualified staff member, acting as a Child Educator, but was not qualified to be a Child Educator.”

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

“Findings: Per Allegation: Based on facility documentation and statements, it was determined that a method of physical punishment was used as a form of discipline and guidance. Statements: The teacher then placed her hand on the child's abdomen and applied pressure. Staff rapidly placed their hand around the child's wrist and quickly lifting the child into the air. The child's feet left the ground. Staff grabbed kid at eye level I have seen them lift kids by their arms”

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 outdoor activity area lacked the following resilient surfacing: *4 of the required 6 inches of rubber in the fall zones of the slides.”

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

“Findings: Based on the Compliance Officers' observations, the toilet room floors throughout the facility contained a dark dirt buildup. In the Toddler A classroom and the Preschool/ Pre-K classroom, there was cracked and dirty caulking at the base of the toilets. In the Multi -Age classroom, there was cracked caulking with a dirt build-up behind the handwashing sink.”

AAC R9-5-502.C.1.g. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: g. Does not allow bumper pads, pillows, comforters, sheepskins, stuffed toys, or other soft products in a crib when an infant is in the crib;

“Findings: Based on the Compliance Officer's observation, in the Infant room, there were orange scrunchy bands located on the bars of the cribs.”

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 Staff #1 lacked documentation of a Central Registry background check.”

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

“Findings: Based on the Compliance Officer's observation, in the Infant room, there were 5 torn crib mattresses with exposed foam.”

AAC R9-5-501.A.17. A. A licensee shall ensure that: 17. 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, in the Infant Room, the pacifiers lacked an identifier.”

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 following hazards were accessible to enrolled children: Toddler A: There was peeling vinyl with exposed foam located on the blue bookshelf mats. Infant Room: There was torn plastic vinyl with exposed foam located on the blue play mat. Multi-Age Room There was ripped plastic vinyl with exposed foam located on the blue mat.”

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 in the Compliance Officer's observation, the health, safety, and welfare was placed at risk of harm in the 2's classroom, when an enrolled child's head was covered with a blanket during nap time.”

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 child educator 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; or d. Employment or service as a volunteer in a licensed child care facility for 12 months;

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that Staff #5 was an assistant child educator, but was not qualified because the staff file lacked documentation of an evaluated high school diploma issued in a foreign country that is equivalent to a high school diploma in the United States.”

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 #2 lacked a copy of the front and back of the fingerprint clearance card. The file for Staff #3 lacked a copy of the back of the fingerprint clearance card.”

AAC R9-5-306.A. A. A licensee shall: 1. Maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release, and the parent or staff member's signature or other unique identifier. 2. If an electronic signature is used to admit or release the enrolled child, 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; 3. 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. 4. 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. 5. 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. 6. Maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 6 out of 20 enrolled children's attendance forms lacked the following information: Child #1 and #2: An admission signature or unique identifier and an admission time for 3/2/2026-3/12/2026. Child #3: A release signature or unique identifier and time for 3/9/2026. Child #4:An admission time for 3/2/2026. Child #5: A release time for 3/12/2026. Child #6: An admission signature or unique identifier and time for 3/12/2026.”

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 Officer's observation, Staff #4 was a child educator but was not qualified because the staff file lacked one of the following: *A high school diploma or high school equivalency diploma *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 *Associate or bachelor's degree from an accredited college or university in early childhood, child development, or a closely-related field *N.A.C., C.D.A., or C.C.P. credential”

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 written medication authorization forms lacked the following information: Child #7: The prescription number. The starting and ending dates of the dosage period. The reason for the medication. The times and frequency of administration. Child #8: The times and frequency of administration.”

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

“Findings: Based on facility documentation and the Compliance Officer's observations, a method of discipline was used when Staff #1 was witnessed digging her thumbs into an enrolled child's shoulders, causing the child to cry.”

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: Based on facility documentation and staff statements, the staff-to-child ratios were not maintained at all times as required. Facility documentation (Classroom rosters): On 7/24/2025, the staff-to-child ratio in the Homeroom classroom was 1:7. The first child arrived at 6:33 am, and by 7:16, there were 7 children, with one-year-old children present. The second staff member did not arrive until 7:30. On 7/24/2025, the staff-to-child ratio in the Infant room was 1:7. The first child arrived at 6:36 am, and by 7:40, there were 7 infants. The second staff member did not arrive until 7:43. Staff stated: "I wasn't tripping about it because they were sleep." Previously cited: 5/7/2025, 1/27/2025,”

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: Based on facility documentation and the Compliance Officers' observation, it was determined the facility was out of ratio. On 5/5/2025 there were 13 children present in the Homeroom classroom. The ratio in the homeroom class was 1:13 with 1-year-old children present instead of the required ratio 2:13 for one-year-old children.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the Mantoux skin test for Staff #1 was not administered on or before the starting date of employment (Date of employment- 11/19/2024, date of TB test- 11/23/2024).”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 11 out of 20 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #1 and #2: The home address, city, state, and zip code for each parent of the child. Child #3:An emergency contact. Child #4, #5, and #6: The name, home address, city, state, zip code, and contact telephone number of each parent of the child. Child #7:The name of the individual to be contacted in case of injury or sudden illness of the child Child #8:The name and contact telephone number of the child’s health care provider. An emergency contact. Child #9: The date of enrollment. The child's home telephone number. Child #10:The name and contact telephone number of the child’s health care provider. Child #11: The name of the individual to be contacted in case of injury or sudden illness of the child. The city, state, and zip code of the child.”

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 observation, the 1's classroom lacked a current lesson plan. The lesson plan was dated March 2, 2025- March 14, 2025.”

AAC R9-5-303.B. B. A licensee shall ensure that the licensed capacity of each indoor activity area or room is posted in that activity area or room.

“Findings: Based on facility documentation and the Compliance Officer's observation, Toddler A and Discovery A lacked a posting for the licensed capacity in the activity areas.”

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 facility documentation and the Compliance Officer's observation, the feeding instructions lacked the following information: Child #9,#12, and #13: The amount of milk per feeding. Child #14 and #15: A schedule and the amount of milk per feeding.”

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 a current fire inspection. The fire inspection expired on 7/31/2024.”

AAC R9-5-509.C.18. C. A licensee shall ensure that:18. A staff member: a. Prepares a weekly menu at least one week in advance, b. Includes on the menu the specific foods to be served on each day, c. Dates each menu, d. Posts each menu at least one day before the first meal on the menu will be served, and e. Writes food substitutions on a posted menu no later than the morning of the day of meal service;

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the snack given on 3/24/2025 was not consistent with the menu. The menu stated applesauce and whole-grain sweet potato crackers. The enrolled children were served chex and apricots. The menu lacked the documented substitutions.”

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 determined that Child #’s prescription medication was dispensed as a two-pack, but only one injection was present at the facility and a physician’s authorization to separate the injections was not present.”

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, in the outdoor activity area, there was a piece of sharp metal protruding outward located on the green bench.”

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 outdoor activity area lacked the following resilient surfacing: *4 of the required 6 inches of rubber chips in the fall zones of the double green slide and the red slide. *3 of the required 6 inches of rubber chips in the fall zones of the green swirl slide.”

ARS § 36-882.B. B. An application for a license shall be made on a written or electronic form prescribed by the department and shall include:1. Information required by the department for the proper administration of this chapter and rules adopted pursuant to this chapter. 2. The name and business or residential address of each controlling person. 3. An affirmation by the applicant that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state or has had a license to operate a child care facility or a certificate to operate a child care group home revoked for reasons that relate to the endangerment of the health and safety of children.

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the Criminal History Affidavits for Staff #1 and #2 were incomplete.”

AAC R9-5-515.C. C. A licensee shall ensure that a staff member who has signs of illness or infestation is excluded from a facility.

“Findings: Per allegation, based on staff statements, it was determined that staff members are at work when sick. Staff statements: Staff stated she doesn't feel good and needs to stay to keep her hours. Sorry you have to come in and we will let you out as soon as we can. Staff stated staff has been sick and asked to come in. Staff stated, I stood my ground and did not come in.”

AAC R9-5-510.B.3. B. A licensee shall ensure that a staff member does not use or permit: 3. Abusive language;

“Per allegation findings: Based on the Compliance Officers' observations and interview with facility staff, it was determined that a staff member used abusive language on a child when the staff was yelling and calling the kids stupid.”

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. A method of discipline that could cause harm to the health, safety, or welfare of an enrolled child;

“Per allegation findings: Based on the Compliance Officers' observations and interview with facility staff, it was determined that a staff member used a method of discipline that caused harm to the health, safety, and welfare of an enrolled child when the staff member tapped a child on the forehead. Facility staff stated, "The staff also had another child by the arm, pulling the child down the hallway."”

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

“Per allegation findings: Based on the Compliance Officers' observations and interview with facility staff, it was determined that staff ratios are not maintained at all times. Staff stated the following: "Sometimes we are out of ratio for a few minutes in the mornings." "We step into the classroom and send both teachers on break at the same time." "A good percentage of the time we are out of ratio, morning or nap time or at closing."”

AAC R9-5-515.B. B. If an enrolled child exhibits signs of illness or infestation at a facility, a licensee shall ensure that a staff member:1. Immediately separates the enrolled child from other enrolled children, 2. Immediately notifies the enrolled child’s parent by telephone or other expeditious means to arrange for the enrolled child’s removal from the facility, and 3. Maintains documentation of the notification on facility premises for 12 months after the date of the notification.

“Findings: Based on the Compliance Officers' observations, it was determined that on 1/27/2025, a sick child was not separated from the other enrolled children. The child was seeing sitting in circle time along with the other children in the Pre-K classroom.”

AAC R9-5-515.D. D. A facility director shall not permit a staff member to return to a facility until free from signs of illness or infestation or until the staff member provides documentation by a health care provider that the individual may return to the facility.

“Per allegation findings: Based on the Compliance Officers' observations and interview with facility staff, it was determined that staff are asked to come in to work even if they are sick. Staff stated the following: *"I’m told to come in if sick" *"Sometimes I have been asked to come in to work sick"”

ARS § 36-882.M. M. The licensee shall notify the department in writing within ten days of any change in the child care facility's director.

“Findings: Based on facility documentation and the Compliance Officer's observation, the Licensee failed to notify the department in writing within ten days of any change in the child care facility's director.”

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, in the outdoor activity area, on the Toddler playground, the red slide lacked 6 of the 6 required inches of nonhazardous resilient surfacing in the fall zones.”

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: Child #17: The starting and ending date of the dosage period. Child #18: The end date of the dosage period and the route of administration.”

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 First Aid Kit lacked sterile gauze pads, sterile gauze rolls, antiseptic wipes, scissors, and gallon-size plastic bags.”

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 3's classroom Toilet room, there was an unopened box containing a new tile floor cleaner.”

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 temperature of the diaper changing sink was 76° F. rather than 86° F to 110° F. as required.”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, the kitchen lacked posted written Infant dietary instructions.”

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 observation, in the 2's Classroom, there were 3 packages of wipes and 1 tube of diaper cream that lacked the enrolled child's first and last name. In the 3's Classroom, there was 1 package of wipes that lacked the enrolled child's first and last name. In the 1's Classroom, there were 6 packages of wipes and one tube of diaper cream that lacked the enrolled child's first and last name.”

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

“Findings: Based on the Compliance Officer's observation in the 2's Classroom, there was a broom, a dustpan, and a toilet brush accessible to enrolled children. In the Infant Room, there was a ladder accessible to enrolled children.”

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, the health, safety, and welfare of enrolled children was placed at risk of harm, in the 4’s Classroom, when a child was sleeping with their face covered during nap time.”

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.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 3 out of 20 enrolled children's attendance forms reviewed lacked the following information: Child #1: An arrival signature for 3/25/2024 -3/29/2024 (first name only).A departure signature for 3/25/2024-3/27/2024 (initials only). Child #9: A release signature and time. Child #16: An admission signature for 3/25/2024, 3/26/2024, 3/28/2024, and 3/29/2024 (initials only). A release signature for 3/27/2028 and 3/28/2024 (initials only).”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that Child #6, Child #7, Child #12, and Child #15 lacked a written immunization record.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 14 out of 23 enrolled children's Emergency, Information, and Immunization Record cards reviewed lacked the following required information: Child #1: The date of the child's enrollment. The name of the individual to be contacted in case of injury or sudden illness of the child. Child #2, Child #3, and Child #4: The name, home address, city, state, zip code, and contact telephone number of each parent of the child. Child #5: The name of the individual to be contacted in case of injury or sudden illness of the child. Child #6: The home address, city, state, and zip code for the second guardian. Child #7: The date of enrollment. Child #8: The home address, city, state, and zip code for the second guardian. The name and contact telephone number of an individual authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted. Child #9: The contact telephone number of the child’s health care provider. Child #10: The date of the child's enrollment. The name, home address, city, state, zip code, and contact telephone number of each parent of the child. Child #11: The child's date of enrollment. The name of the individual to be contacted in case of injury or sudden illness of the child. The contact telephone number of the child's health care provider. Child #12: The name and contact telephone number of the child’s health care provider. Child #13:The name of the individual to be contacted in case of injury or sudden illness of the child. Child #14: The name of the individual to be contacted in case of injury or sudden illness of the child. The name and contact telephone number of the child’s health care provider.”

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, 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 facility documentation and the Compliance Officer’s observation, it was determined that the main posting board lacked the following: *The name of the director. *The name of the designated individuals designated to act on behalf of the facility director when the facility director is not present. *The breakfast, lunch, and snack menu for the current calendar week.”

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 the Compliance Officer's observations, the file for Staff #3 lacked documentation of the submitted DCS Registry form.”

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 file for Staff #1 and Staff #2 lacked documentation of a completed Criminal History Affidavit.”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that Staff #1 lacked documentation of 6 months of child care experience to be qualified as a teacher- caregiver. Staff #2 was a teacher- caregiver in the 4's Classroom. Staff #2 was not qualified to be a teacher care-giver because the staff file lacked documentation of 6 months of childcare experience.”