Magical Star Preschool

AAC R9-5-512.F.8.9. F. A licensee shall ensure that: 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, it was determined that the toilet seat was chipped in the School-age girls' restroom.”

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 diaper changing area in the 3's/4's classroom lacked a container for soiled clothing.”

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 paint brush next to the diaper handwashing sink in the 3's/4's classroom.”

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, it was determined that the half door to the restroom in the 3's/4's classroom was rough around the edges and had splintering wood.”

AAC R9-5-501.A.3. A. A licensee shall ensure that: 3. For enrolled infants and children five-years or younger, drinking water is available to meet the needs of each enrolled child;

“Findings: Based on the Compliance Officer's observation, it was determined that drinking water was not accessible to the enrolled children in the 1's classroom and the 3's/4's classroom.”

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 the Compliance Officer's observation and review of facility documentation, it was determined that Staff #1 was not qualified to be an assistant child educator. There was no documentation showing that Staff #1's education from a foreign country had been evaluated to reflect that it was equivalent to at least a US High School Diploma.”

AAC R9-5-514. E. E. A licensee shall post, near an activity area or a room's designated exit, a building evacuation plan that details the designated exits from the activity area or room and the facility.

“Findings: Based on the Compliance Officer's observation and review of facility documentation, it was determined that the evacuation plan was not posted by the designated exit in the 3's/4's classroom and there was no evacuation plan posted in the School-age classroom.”

AAC R9-5-517.A.10. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall: 10. Ensure that the motor vehicle is: a. Maintained in a clean condition, b. In a mechanically safe condition, and c. Free from hazards; and

“Findings: Based on the Compliance Officer's observation, it was determined that the seats of the facility vehicle were ripped exposing the foam. Additionally, there was a build up of dirt and grime of the floor of the facility vehicle.”

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 two wooden shelves on the school-age playground were worn and had splintering wood. Additionally, the black wooden cube on the 1's/2's playground had splintering wood along the edges.”

AAC R9-5-301.H. H. A licensee shall prohibit the use or possession of the following items when an enrolled child is on facility premises, during hours of operation, or in any motor vehicle used for transporting an enrolled child:1. Any beverage containing alcohol; 2. A controlled substance as listed in A.R.S. Title 36, Chapter 27, Article 2, except where used as a prescription medication in the manner prescribed; 3. A dangerous drug as defined in A.R.S. § 13-3401, except where used as a prescription medication in the manner prescribed; 4. A prescription medication as defined in A.R.S. § 32-1901, except where used in the manner prescribed; or 5. A firearm as defined in A.R.S. § 13-105.

“Per allegation findings: Based on Compliance Officer's observation, review of facility video footage and information provided by the staff, a staff member possessed a nicotine vape pen on the facility premises. The vape pen fell out of Staff #1's (start date 1/10/24) shirt pocket to the classroom floor, while responsible for 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;

“Per allegation findings: Based on Compliance Officer's observation, review of facility video footage and information provided by the staff, the health, safety, and welfare of children was placed at risk of harm. Staff #1 (start date 1/10/25) possessed a nicotine vape pen on the facility premises. The vape pen dropped out of Staff #1's shirt pocket to the floor when they leaned over near a group of children. Staff #1 walked away, and a child picked up the vape pen, inhaled from the pen, and then displayed a physical reaction to the contents which included coughing and vomiting.”

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, it was determined that 2 of the 3 prescriptions reviewed lacked the following information: *Child #5: Lacked an end date for the dosage period and the reason for the medication was not complete. *Child #6: Lacked a start and end date for the dosage period and the type of medication written on the authorization did not match the name on the prescription.”

AAC R9-5-517.A.10. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:10. Ensure that the motor vehicle is: a. Maintained in a clean condition, b. In a mechanically safe condition, and c. Free from hazards; and

“Findings: Based on the Compliance Officer's observation, in the Van, there were five 1.5-3 inch rips in the seats exposing foam to enrolled children.”

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, in the Four's Room boys' toilet room, the exhaust fan was not operable.”

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 4 out of 25 Emergency, Information, and Immunization cards reviewed lacked the following information: *Child #1: The health care provider listed was Parent #1 and Parent #2. *Child #2 and Child #3: The health care provider and telephone number were for an insurance company. *Child #4: The telephone number for 1 of 2 emergency contacts.”

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 facility documentation and the Compliance Officer's observation, it was determined that the One's Class lacked a roster while on the Toddler Playground. The roster was located inside the classroom.”

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, the following rooms had personal items that lacked the required labeling: *Infant Room: 5 packs of wipes lacked a child's last name and 1 diaper cream lacked a child's first and last name. *One's Room: 3 packs of wipes and 2 diaper creams lacked a child's first and last name, and 1 wipe packet lacked a child's last name. *Two's Room: 2 packs of wipes and 1 diaper cream lacked a child's first and last name, and 4 wipe packets lacked a child's last name. *Three's Room: 2 packs of wipes lacked a child's last name and 1 diaper cream lacked a child's first and last name.”

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

“Findings: Based on the Compliance Officer's observation, in the Infant Room, 6 of 6 bottles reviewed lacked a child's last name.”

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 boys' toilet room in the Four's Room, the left knob on the right sink was not operable.”

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 observations, the following fall zones lacked the required 6 inches of resilient surfacing: *The swings lacked 3 of the required 6 inches of fine loose sand. *The half-circle climber lacked 4 of the required 6 inches of fine loose sand.”

AAC R9-5-518.A.2. A. A licensee providing a field trip for an enrolled child shall:2. Prepare a written field trip plan including: a. The name of each participating enrolled child, staff member, and other individuals on the field trip; b. The times of departure from and return to the facility; c. If applicable, license plate number of any motor vehicle used on the field trip; and d. The name, street address, and telephone number, if any, of the field trip destination; and

“Findings: Based on facility documentation and the Compliance Officer's observations, it was determined that 2 of 2 written field trip plans reviewed lacked the following items: *The Peter Piper field trip plan lacked the vehicle license plate number. *The Kiwanas field trip plan lacked the vehicle license plate number and the address and telephone of the field trip destination.”

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 Compliance Officers’ observations and review of facility documentation, the Pre-K classroom was on the facility playground without a roster to document the 13 children present on the playground.”

AAC R9-5-517.A.9. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:9. Ensure that the motor vehicle has: a. A working mechanical heating system capable of maintaining a temperature throughout the motor vehicle of at least 60° F when outside air temperatures are below 60° F; b. Except as provided in subsection (E), a working air-conditioning system capable of maintaining a temperature throughout the motor vehicle at or below 86° F when outside air temperatures are above 86° F; c. Except as provided in subsection (F), a first aid kit that meets the requirements of R9-5-514(A); d. Two large, clean towels or blankets; and e. Sufficient drinking water available to meet the needs of each enrolled child in the motor vehicle and sufficient cups or other drinking receptacles so that each enrolled child can drink from a different cup or receptacle;

“Findings: Based on Compliance Officers' observations, the facility vehicle lacked 1 of the 2 required blankets.”

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 Officers' observations, the following hazards were observed on facility playgrounds: *there was an untreated wooden board adjacent to the shed on the north side of the playground, that was splintering. *the base of the wall on the north side of the playground had paint chipping from the base of the wall. *there was a wire dangling from the wall, near the gas meter, on the south side of the playground.”

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 Compliance Officers' observations, the lower side of the cabinet near the restroom in the 3’s classroom was deteriorating at the base of the cabinet, resulting in splintering wood that was accessible to enrolled children.”

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 Compliance Officers' observations, the exhaust fan in the 4’s boys' restroom was not operable.”

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 Officers' observations, there was a toy on the 2’s diaper changing surface and a sponge on the Infant diaper changing sink.”

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 Officers' observations, the water temperature in the Toddler classroom’s diaper changing area sink measured 61 degrees F.”

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 Compliance Officers' observations and review of facility documentation, the lesson plan posted in the Preschool classroom was dated for 2/5-2/9/24.”

AAC R9-5-501.A.14. A. A licensee shall ensure that: 14. Temperatures are maintained between 68° F and 82° F in each room used by enrolled children;

“Findings: Based on Compliance Officers' observations, the temperature on the thermostat in the 4’s classroom read 64 degrees F.”

AAC R9-5-509.C.22. C. A licensee shall ensure that:22. A refrigerator at the child care facility maintains a temperature of 41° F or below, as shown by a thermometer kept in the refrigerator at all times;

“Findings: Based on Compliance Officers' observations, the Infant room’s refrigerator lacked a thermometer.”

AAC R9-5-514. D. D. A licensee shall post, near an activity area or a room's designated exit, a building evacuation plan that details the designated exits from the activity area or room and the facility.

“Findings: Based on Compliance Officers' observations and review of facility documentation, the Infant room lacked a posted evacuation map near the designated exit.”

AAC R9-5-516.I. I. Except as specified in A.R.S. § 36-2229(B) through (D), a licensee shall ensure that a facility does not stock a supply of medications for administration to enrolled children, including:1. Any prescription medication; or 2. A nonprescription medication such as aspirin, acetaminophen, ibuprofen, or cough syrup.

“Findings: Based on Compliance Officers' observations, the facility's first aid kit contained the following stock medication: *5 sting relief packets *4 antibiotic packets.”

AAC R9-5-517.B.3. B. A licensee shall ensure that an individual who drives a motor vehicle used to transport an enrolled child:3. Carries a list stating the name of each enrolled child being transported and a copy of each enrolled child’s Emergency, Information, and Immunization Record card including the attached immunization record or exemption affidavit, in the motor vehicle;

“Findings: Based on Compliance Officers' observations and review of facility documentation, the Emergency Information and immunization record cards in the facility vehicle lacked attached immunization records.”

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 Compliance Officers' observations, the shelving units in both the 1/2’s and the 3’s classrooms not secured to the wall and were a falling hazard.”

AAC R9-5-501.A.14. A. A licensee shall ensure that: 14. Temperatures are maintained between 68° F and 82° F in each room used by enrolled children;

“Findings: Based on Compliance Officers' observations, the temperature in the 4’s classroom was 66 degrees as shown on the thermostat in the classroom.”