Learning Garden Preschool & Daycare

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 a review of facility documentation and the Compliance Officer's observations, Infant #1's and Infant #2's infant feeding instructions lacked the following required information: *The method of feeding. *Types of food.”

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 Officers' observations, in Room 100 (infants), the vinyl mat on the diaper changing surface had a tear.”

AAC R9-5-509.C.17. C. A licensee shall ensure that: 17. 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 a review of facility documentation and the Compliance Officer's observations, the posted menu lacked the specific food to be served. The posted menu stated 'chef’s choice of protein' and 'try a new vegetable'.”

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

“Findings: Based on the Compliance Officers' observations, these designated exit pathways were obstructed by the following: *In Room 110 (3s), there was a wooden table with chairs on the pathway. *In Room 115 (4s), there was a wooden table with chairs and a poster board on it on the pathway. *In Room 106 (2s), there was a table with green chairs on the pathway.”

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 a review of facility documentation and the Compliance Officers' observations, Staff #2 (DOH 09-02-2025) lacked a valid fingerprint clearance card and had been working with the enrolled children.”

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

“Findings: Based on a review of facility documentation and the Compliance Officer's observations, Staff #1's (DOH 05-05-2025) and Staff #2's (DOH 09-02-2025) files lacked a completed Criminal History Affidavit.”

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

“Findings: Based on the Compliance Officers' observations, on the Toddler Playground (1s), there was a ratio of 1:8, with a required ratio of 2:8 one-year-old children present.”

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 Officers' observations, in the kitchen, only 2 infant feeding instructions were posted. There were 5 infants present at the facility.”

AAC R9-5-203.I. I. Within 30 calendar days after the day of a staff member’s or volunteer’s 18th birthday, the staff member or volunteer shall provide to the licensee copies of a valid fingerprint clearance card and background check document specified in subsection (C).

“Findings: Based on Compliance Officer #1's observation and facility documentation, the application for Staff #1's (DOE 8/14/2023) fingerprint clearance card was issued 52 days after Staff #1's 18th birthday.”

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: Per allegation and based on Compliance Officer #2's observation, facility documentation, and staff statement, the file for Staff #2 lacked documentation of a high school diploma or high school equivalency diploma. Staff #2 stated they are on track to finish their GED in February 2025. Staff #2 was working in the Pre-K classroom as a teacher-caregiver.”

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

“Findings: Based on the Compliance Officers' observations, there were 2 infants in the Toddler 1 room (1's).”

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

“Findings: Based on the Compliance Officers' observations, in the Preschool room, 12 children were present and 13 were marked on the roster.”

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, the bathroom near the front desk had perfumes and lotions on top of a low cabinet accessible to enrolled children.”

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 Officers' observations, in Toddler 1 there were 3 wipes with the child's first name and last initial only and 1 ointment with the child's first name only.”

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 #2's observations, in Toddler 1 the diaper-changing sink temperature was 113°F.”

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

“Findings: Based on Compliance Officer #1's observations, there was an abundance of spiderwebs lining the ceiling of the red playhouse on the Preschool playground.”

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

“Findings: Based on the Compliance Officers' observations, the following fall zones lacked 6 inches of resilient surfacing: Preschool Playground: *The plastic play structure was on artificial turf lacking unitary or resilient surfacing. Toddler Playground: *The tire swings were on artificial turf lacking unitary or resilient surfacing.”

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, there was food debris in the diaper changing sink of the Toddler 2 room.”

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 and interview with facility staff it was determined that on 8/1/2024, in the 2’s classroom the children were not supervised at all times, when a child was bit by another child and the staff was unaware of the incident. Staff stated that their back was towards the child when the incident occurred.”

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

“Findings: Based on the Compliance Officers' observations, in the outdoor activity area, the following hazards were accessible to enrolled children: Preschool Playground: *There were broken and missing pieces of stucco with exposed wire on the East side of the treehouse. *There was splintered wood with sharp edges on the right side of the entry to the treehouse. *There was broken stucco with sharp edges and exposed Styrofoam in two areas on the detailing border of the wall on the building. Toddler Playground: *There was splintered wood with sharp edges around several screws on the wood slats of the treehouse.”

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 toilet rooms were not maintained in a clean condition: Early Learner's Classroom: *There was brown dust covering the exhaust vent in the toilet room.”

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

“Findings: Based on the Compliance Officer’s observation, in the Early Learner's toilet room, the bathroom lacked mounted toilet tissue.”