Ma'am Childcare and Preschool

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, it was determined that there was a sea-horse toy in the diaper handwashing sink in the Infant classroom.”

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 observation, it was determined that the plywood boards at the base of the metal fencing was splintering and cracked.”

AAC R9-5-605.B.10. B. A licensee shall ensure that: 10. Toilet rooms are ventilated to the outside of the building, either by a screened window open to the outside air or by an exhaust fan and duct system that is operated when the toilet room is in use;

“Findings: Based on the Compliance Officer's observation, it was determined that the exhaust fan was not operable in the hallway boys' restroom.”

AAC R9-5-511.C. C. A licensee shall provide an unobstructed passageway at least 18 inches wide between each row of cots or mats to allow a staff member access to each enrolled child.

“Findings: Based on the Compliance Officer's observation, it was determined that in the 1-year-old classroom, four cots with children on them were placed directly next to each other and were not spaced the required 18 inches apart.”

AAC R9-5-514. C. C. A licensee shall: 1. Prepare and date a written fire and emergency plan that contains: a. The location of the first aid kit; b. The names of staff members who have adult and pediatric first aid and CPR certification, as required by R9-5-403(E); c. The directions for: i. Initiating verbal notification of an enrolled child’s parent by telephone or other equally expeditious means within 30 minutes of a fire or emergency; and ii. Providing written notification to the enrolled child’s parent within 24 hours; and d. The facility’s street address and the emergency telephone numbers for the local fire department, police department, ambulance service, and poison control center; e. The procedures for evacuation, relocation, shelter-in-place and lockdown, staff and volunteer emergency preparedness training and practice drills, communication and reunification with families, continuity of operations, and accommodation of infants, children with disabilities, and children with chronic medical conditions, as specified in R9-5-301; 2. Maintain the plan required in subsection (C)(1) in a location on facility premises that has an operable telephone service or two-way voice communication system that connects the facility with an individual who has direct access to an in-and-out operable telephone service; 3. Post the plan required in subsection (C)(1) in any indoor activity area that does not have an operable telephone service or two-way voice communication system that connects the indoor activity area with an individual who has direct access to an in-and-out operable telephone services; and 4. Update the plan in subsection (C)(1) every 12 months after the date of initial preparation of the plan or when any information changes.

“Findings: Based on the Compliance Officer's observation and review of facility documentation, it was determined that the written emergency plan posted in all the classrooms was last updated on 10/21/2024.”

AAC R9-5-503.A.3.4. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 3. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled diapers; and 4. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled clothing.

“Findings: Based on the Compliance Officer's observation, it was determined that the container for soiled diapers lacked a lid in the Infant classroom.”

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

“Findings: Based on the Compliance Officer's observation and review of facility documentation, it was determined that the roster was not accurate in the 1's classroom. There were 8 children present in the classroom, but the roster reflected the presence of 9 children.”

AAC R9-5-502.C.4.h. C. A licensee shall ensure that:4. When feeding an infant, a staff member: h. If an infant is no longer being held for feeding, seats the infant in a feeding chair or at a table with a chair that allows the infant to reach the food while sitting.

“Findings: Based on Compliance Officer #1's observation, it was determined that there was an infant drinking a bottle in the swing in the Infant classroom.”

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, it was determined that the plywood boards at the base of the metal fencing was splintering and cracked.”

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 Compliance Officer #2's observation, it was determined that there were uncovered outlets in the 1's classroom and the 3's classroom.”

AAC R9-5-502.A.8.c. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: c. Is furnished with clean, sanitized, crib-size bedding, including a fitted sheet and top sheet or a blanket;

“Findings: Based on Compliance Officer #1's observation, it was determined that all 10 crib sheets in the infant classroom were not fitted and were bundling up loosely in the middle.”

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 staff statements, facility documentation, and the Compliance Officers' observations, in the Infant room, the written feeding instructions lacked the following information: *Child #4: The written infant feeding instructions. *Child #5: The amount of food to be fed. *Child #6: The type, amount, and frequency of solid foods to be fed and the amount of breast milk to be fed. *Child #7 and Child #8: The type, amount, and frequency of solid foods to be fed.”

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 Officers' observations, in the Infant room, there was an unlabeled pitcher of breastmilk in the refrigerator.”

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 Officers' observations, in the Infant room, an infant was sleeping in a crib with a strap attached to the pacifier.”

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 #1’s observations, it was determined that 3 out of 20 enrolled children's attendance forms lacked the following information: *Child #1: A release signature for 11/1/2023. *Child #2: A release signature for 11/8/2023. *Child #3: A release signature for 11/10/2023.”

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 Officers' observations, it was determined that the files for Staff #1, Staff #2, and Staff #4 lacked documentation of a copy of a valid fingerprint card. The Compliance Officers' verified that Staff #1, Staff #2, and Staff #4 had valid finger print cards through the DPS website.”

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' and the Director's observations, in the 3's classroom, the designated exit that provides an escape to the outside of the building was obstructed by 2 stacks of children's chairs. The designated exit that provides an escape to the hallway was obstructed by 2 occupied nap mats and a gray chair.”

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 the 1's classroom, there was an unopened package of diapers, a toy, and a cleaning cloth in the diaper changing area.”

AAC R9-5-511.C. C. A licensee shall provide an unobstructed passageway at least 18 inches wide between each row of cots or mats to allow a staff member access to each enrolled child.

“Findings: Based on the Compliance Officers' observations, in the 3’s classroom, 1 of the occupied mats was obstructed by a table and another occupied mat. In the 2's classroom, 8 occupied mats were spaced 4-10 inches apart rather than the 18 inches wide passageway required.”

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 Officers' observations, in the Boy's toilet room, there was an 84-inch area of missing caulk on the floor in the stall and a 28-inch area of missing caulk on the floor near the sink that was not sanitizable.”

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 following toilet rooms were not maintained in a clean condition: 3's classroom: *There was a yellow substance on the toilet seat and the back rim of the toilet bowl. *There was brown build-up around the base and on the caulking of the toilet.”

AAC R9-5-512.G. G. A licensee may have a sink with running water, soap contained in a dispenser, and single-use paper towels in a mounted dispenser or a mechanical air hand dryer located directly outside a toilet room if an enrolled child exiting the toilet room can access the sink, soap, and paper towels or air hand dryer without having to cross space that is used for any activity.

“Finding: Based on the Compliance Officers' observations, in the 3's classroom, enrolled children crossed a space that is used for other activities to access the sink located outside of the toilet room. There was a cozy cube and child seat in the activity area.”

AAC R9-5-403.B. B. A licensee shall ensure that: 1. Each staff member who provides child care services completes 18 or more actual hours of training every 12 months after the effective date of this Chapter or the staff member’s starting date of employment or volunteer service in at least two topics listed in this subsection: a. Child growth and development, including: i. Infant growth and development, which may include sudden infant death syndrome prevention; ii. Developmental psychology; iii. Language development; iv. Observation and child assessment; v. Developmentally-appropriate activities; vi. Child guidance and methods of discipline which may include training on the appropriate techniques to prevent a child from harm or to prevent the child from harming others; and vii. Developmentally-appropriate activity areas; b. Health and safety issues, including: i. Accident and emergency procedures, including CPR and first aid for infants and children; ii. Recognition of signs of illness and infestation; iii. Nutrition and developmentally-appropriate eating habits; iv. Child abuse detection, reporting, and prevention; v. Safety of indoor and outdoor activity areas; and vi. Sun safety policies and procedures; c. Program administration, planning, development, or management; and d. Availability of community services and resources, including those available to children with special needs; and 2. As part of the required 18 hours of training in subsection (B)(1): a. A staff member who has less than 12 months of child care experience before the staff member’s starting date, completes at least 12 hours in one or more of the topics in subsection (B)(1)(a) in the staff member’s first 12 months at the facility; b. A staff member who has 12 months or more of child care experience, completes at least 6 hours in one or more of the topics in subsection (B)(1)(a) every 12 months after the staff member’s starting date; c. A staff member who provides child care services to an infant completes at least 6 hours in subsection (B)(1)(a)(i) every 12 months after the staff member’s starting date; and d. A facility director completes at least 6 hours in subsection (B)(1)(c) every 12 months after the facility director’s starting date.

“Findings: Based on facility documentation and the Compliance Officers' observations, it was determined that 3 out of 4 staff files reviewed lacked the following required training documentation: *Staff #1: (Start date-03/01/2021) An additional 9 hours of the 18 hours of annual training required for the period of 03/01/2022-03/01/2023. *Staff #3: (Start date-05/21/2018) An additional 6.5 hours of the 18 hours of annual training required for the period of 05/21/2022-05/21/2023. *Staff #4: (Start date-03/28/2021) An additional 6.5 hours of the 18 hours of annual training required for the period of 03/28/2022-03/28/2023.”

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, there was rust with sharp edges on the bottom of the fence located on the East side. The metal fencing on the East and West side was 46 - 47.5 inches, instead of the 48 inches high as required.”

AAC R9-5-502.A.10. A. A licensee providing child care services for infants shall: 10. Ensure that an occupied crib with a crib side that does not have a non-porous barrier is placed at least 2 feet from another occupied crib side that does not have a non porous barrier; and

“Findings: Based on the Compliance Officers' observations, in the Infant room, there were two occupied cribs, touching each other on the sides with open bars rather than at least 2 feet apart as required.”

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 Officers' observations, in the 2's classroom, there was torn vinyl with exposed foam located on the left arm of the brown chair.”