Mill Avenue Preschool

AAC R9-5-501.A.17. A. A licensee shall ensure that: 17. Each enrolled child’s pacifier is labeled with an identifier that is specific to the enrolled child and maintained in a clean condition;

“Findings: Based on the Compliance Officer’s observations, in the 1s room, one child’s pacifier lacked a label with a unique identifier that is specific to the enrolled child.”

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 observations, the bus used to transport enrolled children had loose debris, food wrappers, pieces of paper, a crumpled, empty plastic water bottle on the steps to enter the bus, and was not maintained in a clean condition.”

AAC R9-5-512.F.1. 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;

“Findings: Based on the Compliance Officer’s observations, the 3s-4s restroom lacked mounted toilet tissue, as required.”

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

“Findings: Based on the Compliance Officer’s observations, in the Infant room, 5 of 12 crib mattresses were ripped at the corners, exposing inner foam, and no longer waterproof.”

AAC R9-5-501.B.9. B. 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 enrolled children’s personal products lacked the child’s first and last name: 1s room: *2 packs of wipes labeled with the child’s first name and last initial. *1 tube of Desitin labeled with the child’s first name only. *1 unlabeled tube of Benadryl cream. 2s room: *1 pack of wipes labeled with the child’s first name and last initial. *1 pack of wipes and 1 tube of aquaphor labeled with the child’s first name only.”

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

“Findings: Per allegations and based on facility documentation, video footage, staff statements, and the Compliance Officer’s observations, Staff #1 did not supervise children at all times when a child received an injury, and the staff member was unaware of how the incident had occurred. Five children were playing at the table, and a child turned to another child and bit them on their face. The child who received the bite immediately cried and ran to a different part of the classroom. The staff member then walked over and began moving toys on the table, but never acknowledged the child who received the bite, nor did they redirect the child who bit. Staff was unaware that the child had an injury to their face or how the child received the injury when asked about it. Staff Stated the following: *They said they didn’t notice the mark on the child. *They only wrote the incident report once they were told to write it because the child’s parent was asking what happened. They said they didn’t know what happened. *I kept asking what happened, and they said they “didn’t see it. It looks like a bite, but I don’t know”.”

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 an Emergency, Information, and Immunization Record that is no more than a two-page written notice, and is signed by the enrolled child’s parent containing: 1. The child’s name, home address, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, email address, and 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 the nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(14); 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 the Compliance Officer's and the Compliance Officer Supervisor's observations and a review of enrolled children's Emergency, Information, and Immunization Records, the following lacked: *Child #1: The date of the child's enrollment, and the name, home address, email, and contact telephone number of the child's second parent; *Child #3, Child #4, Child #5: The date of the child's enrollment; *Child #2 and Child #6: The date of the child's enrollment, and the child's healthcare provider name and telephone number; and *Child #7: The date of the child's enrollment, the name, home address, email, and contact telephone number of the child's second parent, and the child's healthcare provider name and telephone number. *Previously cited on 9/27/2023 and 9/17/2024.”

AAC R9-5-306.A. A. A licensee shall: 1. Maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release, and the parent or staff member's signature or other unique identifier. 2. If an electronic signature is used to admit or release the enrolled child, adopt policies and procedures to ensure that the individual whose signature the electronic or digital method of identification represents is accountable for the use of the electronic or digital method; 3. Develop, document, and implement policies and procedures to ensure that the identity of an individual is known to the staff member or is verified with picture identification before releasing an enrolled child to the individual. 4. Not release the enrolled child to an individual other than the enrolled child’s parent or other individual designated in writing by the enrolled child’s parent except when the enrolled child’s parent is unable to collect the enrolled child and authorizes the licensee by telephone to release the enrolled child to an individual not so designated. 5. Not permit the self-admission or self-release of an enrolled child unless the enrolled child is of school-age and the licensee has obtained and verified written permission from the enrolled child’s parent. 6. Maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations and a review of 20 enrolled children's dated attendance forms, the following children lacked the following documentation: *Child #8 and Child #10: The time of release and parent or staff member's signature or unique identifier for 9/8/25; and *Child #9: The time of admission and parent or staff member's signature or unique identifier for 9/3/25. *Previously cited on 9/27/2022 and 9/17/2024.”

AAC R9-5-308.A. A. A licensee shall secure and maintain the following minimum insurance coverage: 1. General facility liability insurance of at least $300,000; and 2. Motor vehicle insurance coverage, required by A.R.S. Title 28, Chapter 9, Article 4, for each motor vehicle provided by a licensee to transport enrolled children.

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations, and facility documentation, the motor vehicle insurance for 2 of 2 buses expired on 4/3/2025, and the facility lacked documentation of current valid vehicle insurance on site.”

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 the Compliance Officer's observations and a review of 12 staff files, the following staff files lacked: *Staff #2 (DOE:9/8/25), Staff #3 (DOE: 3/10/25), Staff #4 (DOE: 10/20/24), and Staff #7's (DOE: 7/14/25): Documentation of the facility's address on the criminal history affidavit; and *Staff #9 (DOE: 7/23/25): Documentation of a criminal history affidavit.”

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

“Findings: Based on the Compliance Officer's observations, the fall zones under the swings and the slides of the play structures lacked 3" of the required 6" of wood chips. *Previously cited on 9/27/2023 and 9/17/2024.”

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 observations, the following hazards were observed in the outdoor activity areas: * The concrete footings of the swings were exposed; *A garden hose was accessible to enrolled children; * A plastic shovel was broken and cracked, and the children's play sink was cracked in the inside corners, exposing sharp edges; and * There was an exposed hole with sharp metal in the brick wall, from the laundry ventilation, without a cover.”

AAC R9-5-518.C. C. A staff member shall verify the presence of each enrolled child and place a checkmark next to the enrolled child’s name on the list required in subsection (B)(3) for each enrolled child who is present at the following times: 1. At the beginning of the field trip or when boarding the motor vehicle, 2. Upon arrival and each hour while at the field trip destination, 3. When preparing to leave the field trip destination or when boarding the motor vehicle to return to the facility, and 4. When reentering the facility at the conclusion of the field trip.

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations and facility documentation, the field trip forms lacked the following required attendance information for: *6/5/2025 and 6/26/2025: At the beginning of the field trip, upon arrival, each hour while at the destination, when leaving the destination, and when reentering the facility at the conclusion of the field trip; and *7/15/2025: Each hour while at the destination.”

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 the Compliance Officer's and the Compliance Officer Supervisor's observations, 2 of 2 buses did not have a working heating system, and 1 of 2 buses lacked a first aid kit, two large towels or blankets, and drinking water.”

AAC R9-5-517.A.3. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall: 3. Ensure that the motor vehicle is registered by the Arizona Department of Transportation as required by A.R.S. Title 28, Chapter 7;

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations and facility documentation, 1 of 2 buses' registration expired on 4/2024 and lacked a current, updated registration. Staff stated the bus was used last week to transport children.”

AAC R9-5-512.F.1. 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;

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations, the restroom in Room 6 (School-Age) lacked single-use paper towels in a mounted dispenser, and the restroom in Room 3 (2's) lacked mounted toilet tissue and single-use paper towels in a mounted dispenser.”

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 Officer's and the Compliance Officer Supervisor's observations, the restroom in Room 6 (School-Age) had a buildup of dirt and black specks on the trash can, a buildup of dirt and debris on the floor, and there were remnants of dried up food inside the handwashing sink. *Previously cited on 9/17/2024*”

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

“Findings: Based on the Compliance Officer's observations and a review of 12 staff files, Staff #1 (DOE: 4/24/24) was listed as a child educator, and was not qualified as a child educator. The file for Staff #1 lacked documentation of an evaluated transcript for a high school diploma. *Previously cited on 10/3/2024*”

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 Officer's observations, in Room 7 (1's), Room 3 (2's), Room 4 (Pre-K), and Room 6 (School-Age) the outer edges of rugs were rolled up, creating hazards, and were discolored with a buildup of dirt, debris, and dark stains throughout the surface of the rugs. *Previously cited on 9/17/2023 and 9/17/2024.”

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 and the Compliance Officer Supervisor's observations, the following classrooms lacked: *Room 3 (2's): The soiled diaper container lacked a closed lid. *Room 5 (3's): The soiled clothing container lacked a liner. *Previously cited on 9/27/2023 and 9/17/2024.”

AAC R9-5-503.A.2. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 2. A hand-washing sink next to the diaper changing surface for staff use when changing diapers and for washing an enrolled child during or after diapering that provides: a. Running water between 86° F and 110° F, b. Soap from a dispenser, and c. Single-use paper hand towels from a dispenser;

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations, in Room 7 (1's) and Room 3 (2's), the diaper changing areas lacked single-use paper hand towels from a dispenser.”

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 and the Compliance Officer Supervisor's observations, the following was observed in the diaper changing areas: *Room 3 (2's): A clipboard, a tablet, a pair of children's shoes, a roll of paper towels; and *Room 5 (3's): A clipboard. *Previously cited on 1/26/2023, 9/27/2023 and 9/17/2024.”

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. Follows the current written dietary instructions of a parent when feeding the infant;

“Findings: Based on the Compliance Officer's and the Compliance Officer's observations, and a review of 5 infant feeding instructions, it was determined that infants lacked the following: *Child #10: Documentation of written feeding instructions completed by the parent; *Child #11 and Child #12: Documentation of feeding schedules and updates on the written feeding instructions.”

AAC R9-5-402.A. A. A licensee shall maintain a file for each staff member containing: 1. The staff member’s name, date of birth, home address, and telephone number; 2. The staff member’s starting date of employment or volunteer service; 3. The staff member’s ending date of employment or volunteer service, if applicable; 4. The name and telephone number of an individual to be notified in case of an emergency; 5. The staff member’s written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis; 6. The form required in A.R.S. § 36-883.02(C); 7. Documents required by R9-5-203; 8. Documents required by R9-5-301; 9. Documents required by R9-5-401, if applicable; 10. If applicable: a. The form required in A.R.S. § 8-804(I), b. Documentation of the submission required in A.R.S. § 8-804 and the information received as a result of the submission, and c. Documentation of training provided by a licensee as required by R9-5-403, if applicable; 11. A copy of any current license or certification required by A.R.S. Title 36, Chapter 7.1, Article 1. or this Chapter; and 12. Documentation of the requirements in A.R.S. § 36-883.02(D).

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations and a review of 12 staff files, the following staff files lacked documentation of: *Staff #2 (DOE: 9/8/25), Staff #6 (DOE: 9/30/24): Two good-faith effort references; and *Staff #9 (DOE: 7/14/25): The name and contact telephone number of an individual to be notified in case of an emergency, and two good-faith effort references.”

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 Officer's and the Compliance Officer Supervisor's observations, it was determined that the feeding instructions posted in the kitchen not current and were last updated on 11/2024 and 12/2024. *Previously cited on 9/17/2024*”

AAC R9-5-501.B.9. B. 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 and the Compliance Officer Supervisor's observations, the following items were not labeled with the enrolled child's first and last name properly: *Room 7 (1's): One ointment was labeled with the enrolled child's first name and last initial, and one ointment was labeled with the enrolled child's initials only; and *Room 3 (2's): Two packs of wipes and one ointment were labeled with the enrolled child's first name only, and one ointment was labeled with the enrolled child's first name and last initial.”

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

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations, upon entering Room 4 (Pre-K), a staff member stood at the outside exit, supervising children on the playground, and sent a child from the playground into the classroom to use the restroom alone and unsupervised. The restroom is located on the opposite side of the classroom from the exit door where the teacher was standing.”

AAC R9-5-501.A.18. A. A licensee shall ensure that: 18. 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 Officer's and the Compliance Officer Supervisor's observations, in Room 6 (School-Age), a plunger was stored in the restroom and accessible to enrolled children. *Previously cited on 9/17/2024*”

AAC R9-5-403.A. A. Within 10 calendar days of the starting date of employment or volunteer service, a licensee shall provide, and each staff member who provides child care services shall complete, training for new staff members that includes all of the following: 1. Facility philosophy and goals; 2. Names and ages of and developmental expectations for enrolled children for whom the staff member will provide child care services; 3. Health needs, nutritional requirements, any known allergies, and information about adaptive devices of enrolled children for whom the staff member will provide child care services; 4. Lesson plans; 5. Child guidance and methods of positive discipline, including separation; 6. Hand washing techniques; 7. Diapering techniques and toileting, if assigned to diaper changing duties; 8. Food preparation, service, sanitation, and storage, if assigned to food preparation; 9. If a staff member is assigned to feeding infants, the preparation, handling, and storage of infant formula and breast milk; 10. Recognition of signs of illness and infestation; 11. Child abuse or neglect detection, prevention, and reporting; 12. Accident and emergency procedures; 13. Staff responsibilities as required by A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter; 14. Sun safety policies and procedures; 15. Safety in outdoor activity areas; 16. Transportation procedures, if applicable; 17. Field trip procedures, if applicable; 18. Infant tummy time, if applicable; 19. Prevention of sudden infant death syndrome and use of safe sleeping practices, if applicable; and 20. Prevention of shaken baby syndrome, pediatric abusive head trauma, and child maltreatment.

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations, and a review of 12 staff files, the files for Staff #10 (DOE: 2/10/25) and Staff #11 (DOE: 7/3/25) lacked the required 10 Day New Staff Training.”

AAC R9-5-203.D. D. A licensee shall ensure that each staff member submits to the licensee a copy of the staff member’s valid fingerprint clearance card each time the fingerprint clearance card is issued or renewed every five years.

“Findings: Based on the Compliance Officers' observations and a review of 12 staff files, the file for Staff #8 (DOE: 2/10/2025) lacked a valid fingerprint clearance card. The staff member's fingerprint clearance card expired on 6/20/2025, and a new card or application were not available for review at the time of the inspection.”

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 Officer and the Compliance Officer Supervisor's observations and a review of 12 staff files, the files for Staff #4(DOE: 10/20/2024) and Staff #10 (DOE: 9/26/24) lacked a copy of their valid fingerprint clearance card.”

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 the Compliance Officers' observations and a review of 12 staff files, the files for Staff #3 (DOE:3/10/2025) and Staff #5 (DOE: 11/18/2024) lacked documentation verifying the validity of the staff members' fingerprint cards.”

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 2’s classroom roster reflected the presence of 10 children on the roster, however only 9 children were actually present in the 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: Per Allegation and based on facility documentation, staff statements, and the Compliance Officer's observation, Staff #1 lacked a high school diploma and was used as a teacher-caregiver. Staff #2 and Staff #3 lacked documentation of childcare experience and were used as teacher-caregivers.”

AAC R9-5-601.4. A licensee shall comply with the following physical plant requirements:4. Except as provided in subsection (5), when providing child care services for infants or children who require diapering, a diaper changing area that meets the requirements in R9-5-503 is available in each infant room or indoor activity area used by an enrolled infant or child who wears diapers or disposable training pants;

“Findings: Based on staff statements and the Compliance Officer's observations, upon arriving at the facility two children were wearing diapering in room 5. Room 5 is not approved for diapered 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 facility documentation and the Compliance Officer's Observation, in room 5, there were eight children present, but only five children were marked on the roster.”

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

“Findings: Based on facility documentation and Compliance Officer #2's observation, Staff #2 (start date 7/11/24) lacked a completed criminal history affidavit; question #2 was not addressed.”

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 facility documentation and Compliance Officer #1's observation, a minimum depth of 6 inches of wood chips was not maintained in the following playground areas: Toddler playground: *1 inch of the required six inches of wood chips under and around the fall zones of the tree climber and purple dinosaur. Preschool playground: *Less than 1 inch of the required 6 inches of woodchips under and around the fall zones of the swings. School-age playground: *Less than 1 inch of the required 6 inches of woodchips under and around the fall zones of the balance beam climber. *Previously cited 9/27/23.*”

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 facility documentation and Compliance Officer #2's observation, The Chevy mini-bus used to transport enrolled children had an active incomplete NHTSA recall notice, and there was no documentation the van was maintained in a mechanically safe condition. Per the National Highway Traffic Safety Administration, the active safety recall was related to the air conditioning and "may pose a risk of vehicle fire and increase the risk of injury". The recall notice observed was dated 7/29/2024, however, the recall was initiated in April 2023.”

AAC R9-5-516.H. H. Except as provided in subsection (J), a licensee shall ensure that prescription and nonprescription medications are stored as follows:1. An enrolled child’s medication is kept in a locked, leak-proof storage cabinet or container that is used only for storing enrolled children’s medications and is located out of reach of children; 2. Medication for a staff member is kept in a locked, leak-proof storage cabinet or container that is separate from the storage container for enrolled children’s medications and is located out of reach of children; and 3. Medications requiring refrigeration are kept in a locked leak-proof container in a refrigerator.

“Findings: Based on the Compliance Officer's observation, Child #10's two medications were kept in an unlocked drawer with diapering products in the 3's room.”

AAC R9-5-516.G. G. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment

“Finding: Based on facility documentation and the Compliance Officers' observations, Child #10's two medications were no longer being administered but were at the facility. Child #11's medications were no longer being administered but were at the facility.”

AAC R9-5-516.F. F. A licensee shall maintain documentation of all medications administered to an enrolled child.1. Documentation shall contain: a. The name of the enrolled child; b. The name and amount of medication administered and the prescription number, if any; c. The date and time the medication was administered; and d. The signature of the staff member who administered the medication to the enrolled child; and 2. A licensee shall maintain the documentation on facility premises for 12 months after the date the medication is administered.

“Findings: Based on facility documentation and Compliance Officer #1's observation, Child #10's two medications were administered by staff, but there was no documentation of the amount given, the date and time of administration, and the signature of the staff that administered the medications.”

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 Compliance Officer #2's observations, there was a plunger next to the toilet in the school-age bathroom.”

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 Compliance Officer #1's observation, in the Pre-K room, food crumbs were on the floor. *Previously cited 9/27/23.*”

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 facility furnishing and premises were not maintained in a clean condition including: 1's room: *The butterfly mat had black and brown spots on the vinyl. *There was a build-up of dirt and grime along the baseboards and in the corners of the doors. Preschool Room: *There were crayons and marker drawings on the north wall. *Previously cited 9/27/23.*”

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: Based on staff statements and Compliance Officer #2's observation, in the 2's room, a child got up from the lunch table and started walking around the room, a staff member threatened to take their plate if they did not sit down.”

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: Based on the Compliance Officer's observation, the teachers in the 3's room could be heard by the Compliance Officers down the hall in the lobby yelling in harsh tones at the children and yelling at the children to listen. *Previously cited on 10/4/24.”

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: Based on staff statements and Compliance Officer #2's observation, in the 2's room, an enrolled child got up from the lunch table and a staff member told the child to sit or I'll tell mom you are not listening.”

AAC R9-5-509.C.1. C. A licensee shall ensure that:1. Enrolled children, except infants and children with special needs who cannot wash their own hands, wash their hands with soap and running water before and after handling or eating food;

“Findings: Based on Compliance Officer #1's observation, in the Preschool room, children went from rolling on the floor and playing with toys directly to eating lunch without washing their hands.”

AAC R9-5-503.B. B. A licensee shall ensure that a staff member does not:1. Permit a bottle, formula, food, eating utensil, or food preparation in a diaper changing area; 2. Draw water for human consumption from a diaper changing area sink; or 3. Except as provided in subsection (C), if responsible for food preparation, change diapers until food preparation duties have been completed for the day.

“Findings: Based on a staff interview and the Compliance Officer's observation, in the 1's and 2's rooms, there were water filters for drinking water connected to the diaper changing hand washing sink faucets. A staff stated they use filtered water for drinking. In the 1's room, a plastic bin labeled Toddler milk cups was placed on a shelf next to diapering supplies in the diapering area.”

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 Compliance Officer #1's observations, in the 1's room, the lid on the solid diaper container was open. *Previously cited 9/27/23.*”

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 Staff #2's observation, Staff #1 (start date 8/11/2021) lacked a copy of the backside of their fingerprint clearance card.”

AAC R9-5-303.C. C. Except as prescribed in A.R.S. § 36-898(C), a licensee shall post a notification of pesticide application in each activity area and in each entrance of a facility, at least 48 hours before a pesticide is applied on the facility’s premises, containing: 1. The date and time of the pesticide application, and 2. A statement that written pesticide information is available from the licensee upon request.

“Findings Based on facility documentation and Compliance Officer #1's observation, the posted capacity in the infant room was 10, but 11 cribs were in the room. The room usage stated the capacity is 12.”

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 Compliance Officer #2's observation, after a review of 20 children's Emergency Information and Immunization Record cards, 3 lacked the following: Child #1, Child #2, and Child #3: the name and phone number of the child's health care provider. *Previously cited 9/27/23.*”

AAC R9-5-305.B. B. A licensee shall attach an enrolled child’s written immunization record or exemption affidavit, required in subsection(A), to the enrolled child’s Emergency, Information, and Immunization Record card, required in R9-5 304(B).

“Findings: Based on facility documentation and Compliance Officer #2's observation, after a review of 20 children's immunization records, 2 lacked the following: Child #3 and Child #4: An immunization record.”

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 #2's observation, after a review of 20 children's attendance forms, 5 lacked the following: Child #5: Time of arrival and signature on 9/13/24; Time of release and signature on 9/16/24. Child #6: Time of release and signature on 9/12/24. Child #7: Time of release and signature on 9/13/24. Child #8: Time of release and signature on 9/13/24. Child #9: Time of arrival and signature on 9/11 and 9/12/24; Time of release and signature on 9/16/24. *Previously cited 9/27/22.*”

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 #1's observations, the facility premises were not maintained free from hazards, there was a splintering chair rail in the school-age room. *Previously cited 9/27/23 and 9/27/22.*”

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 #1's observations, in the 2's room, toys were in the diapering changing hand washing sink. *Previously cited on 1/26/23 and 9/27/23.*”

AAC R9-5-502.C.1.l. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: l. Obtains written, current, and dated dietary instructions from a parent or health care provider regarding the method of feeding and types of foods to be prepared or fed to an infant at the facility;

“Findings: Based on facility documentation and Compliance Officer #1's observation, 3 infant feeding plans were reviewed, and Child #10's feeding plan was last updated in April 2024. Child #10 eats baby food but it is not reflected in the feeding plan.”

AAC R9-5-501.C.5. C. A licensee shall ensure that a staff member:5. Except as provided in subsection (D), prepares and posts a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Findings: Based on facility documentation and Compliance Officer #1's observation, the current lesson plan was not posted in the Preschool room. The lesson plan was dated for 9/9-9/13/24. *Previously cited 9/27/23.*”

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 the Compliance Officers' observations, in the Preschool room, children were running around, hitting each other without staff intervention. Another child was knocking down chairs and staff did not intervene.”

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 #1's observation, in the Pre-K/Preschool bathroom, there were brown streaks on the toilet seat, and in the corner next to the west toilet, there was brown matter on the floor.”

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 Officers' observations, review of the Tempe Police Department's General Offense report and facility video recording, Staff #1 did not ensure the health, safety, and welfare of enrolled children was not placed at risk of harm. Per the General Offense Report, on 12/6/23, Staff #1 used "physical force to pick up a child by one arm off the ground and aggressively place that small child into a different room in order to place cots down for nap time. Approximately 2 to 3 minutes later you see (Staff #1) pick up 2 more children at the same time by one arm and aggressively move those 2 children into a different area of the room in order to continue to place cots down." Per facility video, Staff #1 dragged the first child upward from a sitting position onto a couch and later dragged the first child across the classroom, which knocked over another child standing nearby. Staff #1 yanked 2 different children up by their arms forcefully, while getting cots ready for naptime.”

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: Based on Compliance Officers' observations, review of the Tempe Police Department's General Offense Report and facility video recording, Staff #1 used a method of discipline that could cause harm to the health, safety, and welfare of enrolled children while preparing for naptime on 12/6/23. Per the General Offense Report, Staff #1 "used physical force by picking up 3 small children in the 2 year old class room by their arm, removing them off the ground to move them into a different room."”

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 clipboard on the diaper changing surface in the 2’s classroom.”

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 Compliance Officers' observations, there was food waste in a trash can in the 2’s classroom that lacked a cover for the trash can.”

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 Officers' observations and review of facility video footage, on 6/28/23 a child’s health and safety was placed at risk of harm when a staff member dragged the child across the 2/3's classroom by the arm, which resulted in the child having a dislocated arm. Per video, the child hid under a small table on the carpeted area during naptime. The staff member moved the table away from the child, grabbed the child by the left arm, then let the arm go. The child squirmed on the tile floor, then the staff member grabbed the child by the right arm, lifting the child's torso inches above the floor. The staff member then dragged the child across the classroom floor to the child's nap cot. The staff member lifted the child's body up off the ground by the right arm, and dropped the child on the nap cot.”

AAC R9-5-307.2. A licensee shall ensure that the licensee or a staff member documents and reports all suspected or alleged cases of child abuse or neglect. 2. The licensee or staff member shall report the suspected or alleged child abuse by a staff member to the Department and to a local law enforcement agency as prescribed in A.R.S. § 13-3620. A licensee or staff member shall also send documentation to the Department and to any law enforcement agency previously notified within three calendar days of the initial report, and maintain documentation of a child abuse report on facility premises for 12 months after the date of a report.

“Per allegation findings: Based on Compliance Officers' observations and review of facility documentation, on 6/28/23 a staff member dragged a child across the 2/3's classroom resulting in the child needing medical attention due to a dislocated arm. Facility management failed to notify the Department and police after the incident.”

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 roster in the 2/3's classroom reflected the presence of 8 children, however 10 children were actually present in the classroom.”

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 Compliance Officers' observations and review of facility documentation and video footage, on 6/28/23 a staff member used a form of discipline that caused harm to the health and safety of a child. The child was hiding under a table, and the staff member dragged the child across the classroom by the arm, and lifted the child onto a cot.”

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: Based on Compliance Officers' observations and review of facility video footage, on 6/28/23 a teacher did not model appropriate behavior when the teacher dragged a child by the arm from one side of the 2/3's classroom to the other side of the classroom and onto a cot.”