Maple Bear Tempe Early Learning Center

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, there were brown and yellow stains at the base of the toilet in the Toddler 2 Restroom.”

AAC R9-5-509.C.21. C. A licensee shall ensure that: 21. A refrigerator at the child care facility maintains a temperature of 41° F or below and a freezer maintains a temperature of 0° F or below, as shown by a thermometer kept in the refrigerator and in the freezer at all times;

“Findings: Based on the Compliance Officers' observations, the thermometers in the facility's Kitchen were not maintained at 41°F in the refrigerator or below zero in the freezer; the refrigerator temperature was 49°F, and the freezer temperature was 40°F.”

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 Officers' observations, the water temperature in the following diapering areas was not maintained between 86°F and 110°F: *Preschool 1 Room: The water temperature was 115°F. *Bear Care 3 Room: The water temperature was 75°F.”

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, the diapering areas in the following rooms were not maintained seamless and smooth and free of items not required for diapering *Bear Care 1 Room: There were unmounted napkins on the diapering surface. Findings: *Bear Care 3 Room: The base of the faucet in the diapering area was corroded.”

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 the Compliance Officers' observations and the facility documentation, the following children lacked: *Child #1 and Child #3: Feeding instructions form. *Child #2, Child #4, and Child #5: Specific feeding instructions.”

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, the following emergency exits were blocked in the following rooms: *Bear Care 1 Room: A rocking chair was blocking the exit. *Bear Care 3 Room: A baby gate and stacked toys were blocking the exit.”

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 Officers' observations, the following fall zones lacked 6" of the required resilient surface: *2-5’s Playground: The multicolor steps lacked 2"-4” of the resilient surface. *Toddler Playground: The red/brown slide lacked 4” of the resilient surface, and the green/blue slide lacked 5” of the resilient surface.”

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 Officers' observations, the following hazards were accessible to children in the Outdoor activity area: *2-5's Playground: The concrete wall was cracking, exposing rusted metal, and there was a cracked plastic green sink with sharp edges in the play kitchen. *Toddler Playground: There was a cracked plastic storage truck box with sharp edges.”

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 Officers' observations, the exhaust fan was inoperable in the Preschool 2 boys' restroom.”

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 Officers' observations, the following hazards were accessible to children: *Bear Care 3 Room: -There were multiple areas of chipped laminate and rough-pressed wood on the edge of the music shelf. *Jr Kindergarten Room: -The paint was peeling off, exposing untreated drywall below the window. -The multicolored mat corners were cracking, exposing the inner foam. *Preschool 2 Restroom: -The top of the cabinet doors under both sinks were broken, exposing rough particle wood across the top of both panels and down the outer side of the left panel. *Toddler 1 Room: -The corner of the wall near the napkin dispenser in the diapering area had exposed drywall. -There was a water puddle on the floor, causing a tripping hazard. -The blue couch vinyl was worn, exposing the inner foam. -There was an air freshener plugged in near the play area, accessible to children.”

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 the Compliance Officers' observations, seven of seven staff files reviewed lacked a back copy of the fingerprint clearance card for Staff #1 (DOE 06.18.24), Staff #2 (DOE 07.13.15), Staff #3 (DOE 06.30.25), Staff #4 (DOE 10.21.25), Staff #5 (DOE 05.27.25), Staff #6 (DOE 04.08.24), and staff #7 (DOE 11.14.22)”

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 CO #1's observations and a review of facility documentation, 2 of 9 infant feeding instructions were not posted in the kitchen.”

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 CO #1's observations, enrolled children's personal products were not labeled with a first and last name: **Toddler 1 - Wipes labeled with first name and last initial, first name only, and no name **Toddler 2 - Wipes labeled with first name and last initial; diaper ointment with first name only **Bear Care 2 - Diaper ointment labeled with a first name and last initial **Bear Care 3 and Bear Care 4 - Wipes labeled with a first name and last initial and a first name only”

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

“Findings: Based on CO #1's observations, a child from the Pre-K room was left unsupervised in the shared Pre-K/Preschool children's restroom. The rest of the children were outside on the playground, and a staff member was at the exit door between the playground and the classroom.”

AAC R9-5-503.A.3. 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

“Findings: Based on CO #1's observations, in Toddler 1 and Bear Care 4, the soiled diaper containers lacked a tight-fitting lid.”

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 CO #1's observations, in Bear Care 2, a plastic basket of gloves was on the diaper changing surface next to the sink.”

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

“Findings: Based on CO #1's observations, the soiled containers lacked: **Bear Care 1 - Waterproof liner **Toddler 1 and Toddler 2 - Tight fitting lid”

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 CO #1's observations, in the shared Pre-K/Preschool children's restroom, there was a large puddle of yellow water on the floor between the toilets.”

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 CO #1's observations, play equipment was not maintained free from hazards, and accessible to enrolled children: **Pre-K - Sensory table with a cracked plastic lid **Toddler playground - Plastic blue rider with a broken handle **Preschool playground - 3 scooters missing handles exposing open holes”

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 CO #1's observations, in Bear Care 2, breast milk bags were labeled with first names and last initials only.”

AAC R9-5-203.E. E. If a staff member possesses a fingerprint clearance card that was issued before the staff member became a staff member at the facility, a licensee shall:1. Contact the Department of Public Safety before the individual becomes a staff member to determine whether the fingerprint clearance card is valid; and 2. Document this determination, including the name of the staff member, the date of contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

“Findings: Based on Compliance Officer (CO) #2's observations and a review of 5 staff files, Staff #1 (DOE 08/22/2024) lacked documentation of contact with DPS to verify their fingerprint clearance card as valid before the starting date of employment.”

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 CO #2's observations and a review of facility documentation, 8 of 20 children's attendance lacked the following required information: **Child #1 - Arrival and departure signature signed with a scribble on 10/02/2024; arrival and departure signatures signed with initials on 10/03/2024, 10/04/2024, and 10/07/2024 **Child #2 - Arrival and departure signatures signed with a scribble on 10/04/2024, 10/07/2024, and 10/08/2024 **Child #3 - Arrival and departure signatures signed with initials on 10/21/2024 and 10/22/2024 **Child #4 - Arrival and departure signatures signed with initials on 10/01/2024 and 10/02/2024; arrival and departure signatures on 10/03/2024, 10/04/2024, and 10/07/2024 **Child #5 - Departure signatures signed with initials on 10/09/2024, 10/10/2024, and 10/16/2024 **Child #6 - Arrival signatures signed with initials on 10/03/2024, 10/04/2024, and 10/07/2024 **Child #7 - Arrival signatures signed with initials on 10/09/2024 and 10/10/2024; arrival and departure signatures signed with initials on 10/11/2024 and 10/14/2024 **Child #8 - Arrival and departure signatures signed with initials or scribbles from 10/01/2024 - 10/04/2024”

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 CO #1's observations, in the shared Pre-K/Preschool children's restroom, there was an unflushed toilet with urine, dark stains on one toilet seat, splatter and gray stains on the 2nd toilet, and heavy dust build-up on the exhaust vent.”

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 CO #1's observations, in the Preschool room, and on the Toddler playground, food waste was in garbage containers with no lids. The toilet tank lid was cracked across the top in each of Toddler 1 and Toddler 2 children's restroom.”

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 CO #2's observations and a review of facility documentation, Child #9's medication authorization lacked a start and an end date, and the prescription number did not match the medication box.”

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 Compliance Officer (CO) #2's observations and a review of 5 staff files, Staff #2's (DOE 05/12/2021) fingerprint clearance card expired on 04/17/2023, and a renewal card was not issued until 04/24/2023. Staff #1 was without a valid fingerprint card for 6 days.”

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 CO #2''s observations and a review of facility documentation,the fire inspection reviewed expired on 03/04/2025 with violations, and the facility lacked documentation of a current gas inspection.”

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 CO #1's observations, the ratio was 0:1 when a child from the Pre-K room was in the shared Pre-K/Preschool children's restroom, unsupervised. The rest of the children were outside on the playground, and a staff member was at the exit door between the playground and classroom. Staff stated there was not a 2nd staff person available.”

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 CO #1's observations, in the Toddler 2 room, there was a 1/4-inch gap between the wall and the top of an outlet, accessible to enrolled children.”

AAC R9-5-501.A.2. A. A licensee shall ensure that: 2. Except for an enrolled school-age child, drinking water is provided sufficient for the needs of and accessible to each enrolled child in both indoor and outdoor activity areas;

“Findings: Based on CO #1's observations, in Bear Care 3 and Bear Care 4, water was stored on the counter inaccessible to enrolled children,”

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 and review of facility documentation, it was determined that the roster was not accurate in the 1’s classroom. There were 6 children present in the classroom but the roster reflected the presence of 5 children.”

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, review of facility documentation, and interview of facility staff, it was determined that the health, safety, and welfare of an enrolled infant was placed at risk of harm when a staff put the pacifier in the infant's mouth in a rough manner. Per facility documentation: "Staff was seen being rough with a baby. A parent from BC-1 walked by and saw the staff push a child's head back.””

AAC R9-5-510.A.2. A. A licensee shall ensure that a staff member: 2. Teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior;

“Findings: Per allegation (#85930) and based on facility documentation/security video and the Compliance Officer's observation, Staff #1 did not teach or model personal control in the Infant #2 Classroom on 6/14/2024. Per facility security video footage, Staff #1 was frustrated with two infants who would not lay still on their nap cots at nap time. Staff #1 repeatedly and aggressively pushed Child #1 and Child #2's heads and torsos onto nap cots, roughly shoved in and plucked a pacifier from Child #1's mouth, and physically restrained Child #1 with her arms and leg, when infants did not lay down for a nap.”

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;

“Findings: Per allegation (#85975, #85930) and based on facility documentation/security video and the Compliance Officer's observation, Staff #1 used a method of discipline that could cause harm to the health, safety, and welfare of infants on 6/14/2024. Per the facility video footage of the Infant #2 Classroom, the following was observed: NOTE: The video footage was 7 minutes and 43 seconds long. Minutes and seconds documented are based on the time elapsed in the video. *00:00-01:59, Staff #1 sat next to Child #2, roughly patted the child's back with a blanket over the child's head, and periodically pushed the child's head down to the surface of the nap cot. *02:00-02:04, Staff #1 stood up and abruptly grabbed Child #1 out of the crib, carried them to the nap cot, and roughly pushed the child onto the cot. *02:05-02:49, Staff #1 adjusted the child to the cot surface, covered the child's head with the blanket, and pushed their head to the cot surface, then plucked the child's pacifier out of their mouth, and pushed/rolled the child's head around on the cot surface. At 02:41, Staff #1 crawled to Child #2, pushed their head down, and covered their head with their blanket. *02:50-03:03, Child #1 lifted their head, and Staff #1 grabbed something out of the child's left hand. The child lifted their head again, and Staff #1 aggressively rolled the child's head to the other side, causing the blanket to wrap around the child's head. *03:04-03:34, Staff #1 dropped their left leg on top of Child #1's lower body and maintained this position while restraining the child's upper body from moving with her left arm. At 03:32, Staff #1 reacted abruptly and readjusted her left leg on top of the child. *03:35-04:54, Staff #1 reached to Child #1's face and roughly shoved the pacifier back in the child's face. She continued to maintain her leg on top of the child while she resumed rough patting of the child's upper body. At 04:36, she removed her leg hold and continued to pat the child with their head covered by the blanket. *04:55-05:33, Staff #1 grabbed Child #1 by the hips, and pushed/slammed them down the cot, grabbed the child's head and pushed it down multiple times with force, adjusting the child roughly at times. At 05:09, Staff #1 again pushed/slammed the child back down the cot and continually readjusted the child. At 05:23, she pulled the child to their side, and hunched her body over the child's face. *05:34-07:43, Staff #1 pushed her right hand on Child #1's back hunched over with her body weight, then sat up and roughly patted the child's back. She pushed the child's head to the cot, then adjusted the child, and checked the child's diaper. She readjusted the child, then at 06:00 she applied pressure with her left elbow to the child's head and neck area, applied pressure to the child's lower body with her right arm, and then patted the child with the same arm. At 07:05 she released the pressure on the child's head and neck area, sat back up against the wall, and gently rubbed the child on the head.”

AAC R9-5-510.B.2. B. A licensee shall ensure that a staff member does not use or permit: 2. Corporal punishment;

“Findings: Per allegation (#85930) and based on facility documentation/security video and the Compliance Officer's observation, Staff #1 used corporal punishment on Child #1 in the Infant #2 Classroom on 6/14/2024. Per facility security video footage, Staff #1 attempted to inflict pain on Child #1 when the infant would not lie down for a nap.”

AAC R9-5-510.B.4. B. A licensee shall ensure that a staff member does not use or permit:4. Discipline associated with: a. Eating, napping, sleeping, or toileting; b. Medication; or c. Mechanical restraint; or

“Findings: Per allegation (#85930) and based on facility documentation/security video, staff interview, Tempe Police Department report, and the Compliance Officer's observation, Staff #1 used discipline associated with napping in the Infant #2 Classroom on 6/14/2024. Per facility security video footage, Staff #1 repeatedly and aggressively pushed Child #1 and Child #2's heads and torsos onto nap cots, and physically restrained Child #1 with her arms and leg, when the infants did not lay down for a nap. Per the Tempe Police Department report, "...(Staff #1) [was] having a difficult time getting (child) to sleep in the cot (i.e. bed)." Staff stated: *While in an adjacent classroom during the nap time incident, staff heard a child crying in distress from the Infant #2 Classroom. The staff member went into the Infant #2 Classroom, and heard Staff #1 say, "NO" to an infant. Later that afternoon, another staff member stated that Staff #1 "had a rough afternoon". The statement prompted the staff member to review the video from the Infant #2 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, the roster was not accurate in the 1's classroom. There were 11 children present in the classroom but the roster reflected the presence of only 9 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 facility documentation/security video, staff interview, Tempe Police Department report, and the Compliance Officer's observation, the health, safety, and welfare of infants were placed at risk of harm in the Infant #2 Classroom on 6/14/2024. Per the facility video of the Infant #2 Classroom: *Three infants' heads were covered by blankets during naptime, restricting the view of the children's faces. *Four infants were placed to sleep on cots rather than in cribs. *During nap time, Staff #1 roughly and aggressively patted Child #1's back and pushed their head to the cot surface. She also wrestled with and laid her leg on top of Child #1 to get them to lie still. When the child continued to squirm, Staff #1 laid her body weight on top of Child #1's back and head. *Staff #1 roughly and aggressively patted Child #2's back and pushed their head to the cot surface. Per the police report: "...(Staff #1) [was] having a difficult time getting (child) to sleep in the cot (i.e. bed). (Child #1) was on (their) stomach. (Staff #1) pushed (Child #1)'s head down multiple times while (they) were on (their) stomach moving around (their) head around. (Staff #1) was seated next to the cot and put her left leg over (Child #1)'s back apparently to keep (them) in place in the cot. (Staff #1) also roughly pulled (the child)'s entire body to a different area on the cot when (they) moved." Staff stated: *While in an adjacent classroom during the incident, staff heard a child crying in distress from the Infant #2 Classroom. The staff member went into the Infant #2 Classroom, and heard Staff #1 say, "NO" to an infant. The staff member corrected Staff #1, and stated that the phrase should not be used with infants. Later that day, the staff member reviewed the video footage and observed Staff #1 being rough with the children.”

AAC R9-5-502.A.8.a. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: a. Has bars or openings spaced no more than 2-3/8 inches apart and a crib mattress measured to fit not more than 1/2 inch from the crib side;

“Findings: Based on the Compliance Officer's observation and review of facility security video, on 6/14/2024 four infants were napping on cots in the Infant #2 Classroom rather than on cribs as required.”

AAC R9-5-510.A.1. A. A licensee shall ensure that a staff member: 1. Defines and maintains consistent and reasonable guidelines and limitations for an enrolled child’s behavior;

“Findings: Per allegation (#85930) and based on facility documentation/security video, staff interview, and the Compliance Officer's observation, Staff #1 did not maintain reasonable guidelines and limitations for children's behavior in the Infant #2 Classroom on 6/14/2024. Per facility security video footage, Staff #1 repeatedly and aggressively pushed Child #1 and Child #2's heads and torsos onto nap cots, and physically restrained Child #1 with her arms and leg, when the infants did not lay down for a nap. Per staff, Staff #1 was having a "rough day" with the children. Another staff member heard an infant crying in distress from an adjacent classroom.”

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 Compliance Officer #1's observation and review of facility documentation, it was determined that Staff #1 (start date: 8/14/2023) lacked documentation of education to qualify the staff as a teacher-caregiver.”

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 Officer #2's observation, it was determined that in the 1's classroom the stucco wall near the closet door was chipped.”

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 Officer #2's observation and review of facility documentation, it was determined that the Lesson plan posted in the 4's/5's classroom was dated for the week of 11/6/23.”

AAC R9-5-503.A.2.a. 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 observation, it was determined that the water temperature in the diapering handwashing sink in the Infant classroom was 119° F.”

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 Compliance Officer #2's observation, it was determined that the caulking was separating at the base of the toilet making it unsanitizable in the 4's/5's restroom.”

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 felt was protruding from the ground in the landing area of the slide on the large playground creating a tripping hazard.”

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 was an uncovered outlet in the 1's classroom.”

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

“Findings: Based on Compliance Officer #2's observation, it was determined that the faucet in the diapering handwashing sink in the 1's classroom had an accumulation of grime.”