Montessori Room

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 review of the children's attendance records, the records for Children 3 and 4 lacked a release signature or other unique identifier on 1/13/2026.”

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 observation, the rubber mulch at the base of the green slide in the Preschool playground lacked 3 inches of the required 6 inches.”

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

“Findings: Based on the Compliance Officer's observation and on a discussion with the Director, the bottom of the green slide on the preschool playground was placed facing the fence and was only 16 inches away from the fence, The Director stated the structure had been relocated recently and the slide was placed facing the fence.”

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 Officer's observation and a discussion with the infant room staff, one of the infant cribs in the infant room had been placed directly next to and touching the counter of the diapering changing sink. The staff stated the cribs had been recently re-arranged and the crib had been moved to that area.”

AAC R9-5-509.C.20. C. A licensee shall ensure that: 20. Perishable foods, which are foods that become unfit for human consumption if not stored to prevent spoilage, are covered and stored in a refrigerator at a temperature of 41° F or below;

“Findings: Based on the Compliance Officer's observation, the thermometer in the refrigerator used to store the children's food in the 1-year-old room read 44 degrees F. The thermometer in the refrigerator used to store the children's food in the 2-year-old room read 50 degrees F.”

AAC R9-5-208.B. B. At least 30 calendar days before the date of an intended change in a facility’s service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the intended change to the Department that includes: 1. The licensee’s name; 2. The facility’s name, street address, city, state, zip code, mailing address, and telephone number; 3. The name, telephone number, and fax number of a point of contact for the request; 4. The facility’s license number; 5. The type of change intended: a. Service classification, b. Space utilization, or c. Licensed capacity; 6. A narrative description of the intended change; and 7. The following additional information as applicable, if the intended change: a. Affects individual rooms, the following information about each affected activity area, as applicable: i. Identification of the activity area, ii. Current and intended square footage, iii. Current and intended operating hours, iv. Current and intended service classification, v. Current and intended licensed capacity, and vi. Whether the activity area has or will have a diaper changing area; b. Is to increase licensed capacity, the square footage of the outdoor activity area; and c. Includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable, if the facility is: i. Not located in a public school or if providing child care services to infants, one-year-old children, or two-year-old children in a facility located in a public school, the information required in R9-5-201(A)(5)(g) and (A)(5)(h) showing the intended change; or ii. Located in a public school and provides child care only for three-year-old, four-year-old, or five-year-old, or school-age children, a set of final construction drawings or a school map, including the information required in R9-5-201(5)(j) showing the intended change.

“Findings: Based on the Compliance Officer's observation and on a discussion with the Director, Room 2 upstairs is now the Director’s office and is no longer a preschool room. The closure of this room reduces the licensed capacity from 80 to 75. The Director stated the room had been closed and made into the Director's office. The Licensee failed to submit a modification application to remove Room 2 as a licensed classroom and to reduce the licensed capacity.”

AAC R9-5-503.D. D. A licensee shall ensure that the written diaper changing procedure in subsection (C) states that an enrolled child’s diaper is changed as soon as it is soiled, and that a staff member, when diapering: 1. Uses a separate washcloth and towel only once for each enrolled child; 2. Washes and dries the enrolled child using the enrolled child’s individual personal products labeled with the enrolled child’s name; 3. Uses single-use non-porous gloves; 4. Washes the staff member’s own hands with soap and running water between 86° F and 110° F before and after each diaper change; 5. Washes each enrolled child’s hands with soap and running water between 86° F and 110° F after each diaper change; 6. Cleans, sanitizes, and dries the diaper changing surface following each diaper change; and 7. Uses single-use paper towels from a dispenser to dry the diaper changing surface or the hands of the enrolled child or staff member.

“Findings: Based on the Compliance Officer's observation, the paper towel dispenser in the 2-year-old room's diapering area was empty and the roll of paper towels was stored on the cabinet in the room.”

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 observation, the water temperature at the diapering changing sinks was only 77 degrees F in the infant room, the one-year-olds' room and the two year old room.”

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 Officer's review of the written infant feeding instructions and on a discussion with the infant room staff, the staff stated that Children 1 and 2 were fed pureed food but the feeding instruction forms for the children did not state the amount and frequency of feedings of the puree.”

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 observation, 4 containers of diapering wipes in the 1-year-old room were not labeled with the child's first and last name.”

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

“Findings: Based on the Compliance Officer's observation, the thermostat in Room 3 upstairs stated it was 59 degrees F. The thermostat in the downstairs entryway stated it was 65 degrees F. *Previously cited in January 2025.”

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 a review of the rosters, the following was noted: *1 year olds-8 children were present in the outdoor activity area, but the names of only 7 children were listed as present on the roster; *Room 4 upstairs - 8 children were present but the names of 10 children were listed as present on the roster; and *Room 3 upstairs - 2 children were present but neither of the children were listed as present on the room's roster.”

AAC R9-5-303.B. B. A licensee shall ensure that the licensed capacity of each indoor activity area or room is posted in that activity area or room.

“Findings: Based on the Compliance Officer's observation, the licensed capacity of the one-year-old room was incorrectly posted as 14, rather than 10.”

AAC R9-5-603.G. G. A licensee shall provide a shaded area for each enrolled child occupying an outdoor activity area at any time of day.

“Findings: Based on the Compliance Officer's observation and on a discussion with the Director, the shade structure in the Preschool activity area was missing and only the structure posts were in place. The Director stated the shade structure had been damaged and torn in a rainstorm and was removed. *Previously cited in January 2025.”

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 Supervisor's observation, the soiled diaper container in the 1-2 year old room, was not fitted with a tight-fitting lid and the soiled diapers were spilling out of the container.”

AAC R9-5-509.C.18. C. A licensee shall ensure that:18. A staff member: a. Prepares a weekly menu at least one week in advance, b. Includes on the menu the specific foods to be served on each day, c. Dates each menu, d. Posts each menu at least one day before the first meal on the menu will be served, and e. Writes food substitutions on a posted menu no later than the morning of the day of meal service;

“Findings: Based on Compliance Officer Supervisor's observation, the posted Menu did not state the Flavor(s) of the yogurt served.”

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

“Findings: Based on Compliance Officer Supervisor's observations, the temperature of the water at the diapering sink in the 1’s-2’s Room measured only 68 degrees F and only 70 degrees F in the 2-year-old 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 Officer Supervisor's observation, there was a build-up of dirt in the corners of the diapering counter in the 2-year-old room.”

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

“Findings: Based on the Compliance Officer Supervisor's observation, the front northwest classroom's temperature was 62 degrees.”

AAC R9-5-501.A.12. A. A licensee shall ensure that: 12. The facility premises, including the buildings, are maintained free from hazards;

“Findings: Based on the Compliance Officer's and the Compliance Officer Supervisor's observations and on a discussion with the Director and the Licensee, there were various holes in the ceiling, exposing plumbing and exposed holes in the drywall on the walls in the 2 downstairs bathrooms that are licensed for the children's use. The Director and the Licensee stated the holes were from repairs to the plumbing that had been recently completed and that the building had to be re-plumbed.”

AAC R9-5-401.1. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:1. A facility director is 21 years of age or older and provides the licensee with documentation of one of the following: a. At least 24 months of child care experience, a high school or high school equivalency diploma, and: i. Six credit hours or more in early childhood, child development, or a closely-related field from an accredited college or university; or ii. At least 60 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field, and an additional 12 hours of instruction, provided in conferences, seminars, lectures, or workshops in the area of program administration, planning, development, or management; b. At least 18 months of child care experience and: i. An N.A.C., C.D.A., or C.C.P. credential; or ii. At least 24 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; c. At least six months of child care experience and an associate degree from an accredited college or university in early childhood, child development, or a closely-related field; or d. At least three months of child care experience and a bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field;

“Findings: Based on Compliance Officer Supervisor's review of the Director's file (Staff #1 DOE 7/20/2022), it was determined that Staff #1's file contained documentation of a high school diploma and 2 years of childcare experience. The file contained documentation of only 24.5 hours of the 72 hours of required childcare training. The file lacked documentation that Staff #1 met the minimum requirement of a director.”

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 Compliance Officer Supervisor's review of 15 Children Emergency cards, 2 of the cards lacked the following information: *Child 1: Lacked the name and telephone number of a 2nd emergency contact; and *Child 2: Lacked the name of the person to be contacted first in case of injury or sudden illness”

AAC R9-5-302. A. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following:1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Age-appropriate discipline guidelines and methods; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; and 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services. B. A licensee shall provide a copy of the written statement of child care services: 1. To the Department: a. Before the facility receives a license, and b. Every 12 months after the date of the license as required by A.R.S. § 36-883.01; and 2. To a parent when the parent requests a copy of the written statement of child care services.

“Findings: Based on Compliance Officer #1's review of the Statement of Services, it was determined the document lacked the statement the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number.”

AAC R9-5-301.A. A licensee shall: 1. Designate a facility director who acts on behalf of the licensee and is responsible for the daily on-site operation of a facility; 2. Submit the name of the designated facility director in writing to the Department before a license is issued; 3. Except as provided in subsection (A)(4), within 10 calendar days before changing a facility director, submit written notice of the change including the new designated facility director’s name and starting date; 4. If the licensee is not aware of a change in the facility director 10 calendar days before the effective date of the change, submit written notice of the change to the Department including the new designated facility director’s name and starting date within 72 hours after becoming aware of the change.

“Findings: Based on Compliance Officer Supervisor's review of the Director's file (Staff #1-DOE 7/20/22) and on a discussion with the licensee and Staff #1, it was determined that Staff #1's file contained documentation of a high school diploma and 2 years of child care experience. The file contained documentation of only 24.5 hours of the 72 hours of required childcare training. The file lacked documentation that Staff #1 met the minimum requirement of a director. The licensee and staff #1 acknowledged the file lacked the documentation.”

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 Supervisor's observations, Water cords were hooked around the fence on the northwest side of the outdoor playground area.”

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 Compliance Officer #1's observations, the rubber mulch in the outdoor playground area measured the following depths: *1 of the required 6 inches at the base of the slide; and *4 of the required 6 inches under the stairs.”

AAC R9-5-603.H. H. A licensee shall provide a shaded area for each enrolled child occupying an outdoor activity area at any time of day.

“Findings: Based on Compliance Officer #1 and Compliance Officer Supervisor's observations and on a discussion with the licensee and the Director, the shade structure that had been located in the main playground had been removed. The Director and Licensee stated that the structure had been blown down in a storm and stated the structure had not been replaced.”

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 Compliance Officer #1's and Compliance Officer Supervisor's observations, the Infant room's soiled clothes container lacked a liner and the soiled clothes container in the 1’s-2’s room lacked a lid.”

AAC R9-5-305.A. A. A licensee shall not permit an enrolled child to attend a facility until the facility receives: 1. An immunization record for the enrolled child with the information required in 9 A.A.C. 6, Article 7, documenting that the enrolled child has received all current, age-appropriate immunizations required under 9 A.A.C. 6, Article 7: a. Provided by a healthcare provider, or b. Generated from the Arizona State Immunization Information System, which is the Department’s child immunization reporting system established in A.R.S. § 36-135; or 2. An exemption affidavit for the enrolled child provided by the enrolled child’s parent that contains: a. A statement, signed by the enrolled child’s health care provider, that the immunizations required by 9 A.A.C. 6, Article 7 would endanger the enrolled child’s health or medical condition; or b. A statement, signed by the enrolled child’s parent, that the enrolled child is being raised in a religion whose teachings are in opposition to immunization.

“Findings: Based on facility documentation and Compliance Officer #1's observation, it was determined that the Emergency, Information and Immunization Record Card for Child #1 lacked a written immunization record or exemption affidavit.”

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

“Findings: Based on Compliance Officer #2's observations, in the 2's room, the water temperature in the diaper changing sink measured 69.4 degrees F, rather than between 86 - 110 degrees F as required.”

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 facility documentation, Compliance Officer #2's observations, and staff statement, Staff #1 & Staff #3 were not qualified as a teacher caregiver because their files lacked documentation of a high school/ high school equivalency diploma. Staff stated Staff #1 & Staff #3 work alone with children.”

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

“Findings: Based on facility documentation and Compliance Officer #2's observations, the following staff files lacked: Staff #2 (start date 6/28/23):18 of the 18 required training hours from 6/28/22-6/28/23. Staff #4 (start date 4/9/21): 18 of the 18 required training hours from 4/9/22 - 4/9/23. Staff #5 (start date 8/18/22): 14 of the 18 required training hours from 08/18/22 - 08/18/23.”

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 observations, the following diaper changing areas were not seamless and smooth: Infant room - There were 3 stickers and 2 holes in the surface, and unsealed gaps at the inside perimeter and corners. 2’s room: There were unsealed gaps inside the perimeter and corners, there were dark smudges at one edge and on the top surface, and there was debris in the corners of the surface.”

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 enrolled children: Room 3 upstairs - The toilet seat was loose. Room 4 upstairs - The large tree was unstable and wobbled when light pressure was applied. 2’s toilet room: The toilet seat was loose. 2’s room: There was peeling paint near an outlet cover in the alcove, and there were 2 loosely covered floor vents and the vent covers pushed inward easily. Hall toilet room: There was a floor vent loosely covered and the vent cover pushed inward easily.”

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, the written feeding instructions for Child #5 was not current. (The plan was dated 8/15/2023 and did not list all of the foods the child eats.)”

ARS § 36-883.02.D. D. Employers of child care personnel shall make documented, good faith efforts to contact previous employers of child care personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment in a child care facility.

“Findings: Based on Compliance Officer #2’s observations of 5 staff files, Staff #3’s file lacked 2 of the 2 required good faith effort references.”

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 facility documentation and Compliance Officer #2’s observations of 5 staff files, Staff #1 lacked a completed Criminal History Affidavit. Question #3 had not been addressed.”

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 Compliance Officer #1's observations, one of the Infant's room designated exit doors and one of the 1's room designated exit doors were locked.”

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

“Findings: Based on the Compliance Officers' observations, the Preschool playground lacked 3" of the required 6" of rubber chips in the fall zones of the stairs and slides on the small climber. The astro turf around the large climber was hard and lacked bounce/squishiness to offer a resilient surface.”

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

“Findings: Based on the Compliance Officers' observations of 3 outdoor activity areas, the following hazards were accessible to enrolled children: Infant playground: *There was a sharp metal edge with exposed foam on the stairs. *There was a sharp metal edge on the metal wire cover box. Toddler playground: *Thorns on cactus located just outside of the fence were accessible thru the fence. *The fence posts were rusted. * Edges on the black netting covering the basement window were sharp. *There were spider webs in the top corner of the playhouse. * There was a black hose on the ground. (One end of the hose was attached to the shade post with a water feature.)”

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 Compliance Officer #2's observation, Child #6's medication form lacked the starting and ending dates of the dosage period.”

AAC R9-5-515.B. B. If an enrolled child exhibits signs of illness or infestation at a facility, a licensee shall ensure that a staff member:1. Immediately separates the enrolled child from other enrolled children, 2. Immediately notifies the enrolled child’s parent by telephone or other expeditious means to arrange for the enrolled child’s removal from the facility, and 3. Maintains documentation of the notification on facility premises for 12 months after the date of the notification.

“Findings: Based on Compliance Officer #1’s observation and staff statement, the illness log was not current. Staff stated they sent a child home with a fever on 1/19/2024 and it was not documented.”

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 observations, floor coverings were not clean and free from hazards in the following areas: Infant room: There was a gap in the south area of the floor with debris in the gaps. 2’s room: There was debris in the gap of the doorway between the alcove and the kitchen. 1’s room: There were discolored stains on the alphabet rug.”

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 Compliance Officer #2's observation, in the 2's room, the soiled clothing container lacked a liner.”

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 six years.

“Findings: Based on facility documentation and Compliance Officer #2's observation, Staff #5’s (start date 8/18/2022) file lacked documentation of a valid fingerprint clearance card from 3/9/2023 through 3/14/2023. The previous card expired 3/8/2023, and DPS received the new application on 3/12/2023. The new card was issued 3/15/2023.”

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 facility documentation and Compliance Officer #2's observations of 5 staff files, the following fingerprint clearance cards were not determined to be valid prior to the starting date of employment: Staff #2 (start date 6/28/23): verified on 3/19/23. Staff #4 (start date 4/9/21): verified on 5/3/21. Staff #5 (start date 8/18/22): verified on 4/4, and no year was listed.”

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 #2's observation, in the 2's room, the soiled diaper container lacked a liner.”

AAC R9-5-301.B. B. A licensee shall ensure that a facility director: 1. Designates, in writing, an individual who meets the requirements of R9-5-401(2) to act on behalf of the facility director when the facility director is not present in the facility; 2. Supervises or assigns a teacher-caregiver to supervise each staff member who does not meet the qualifications of R9-5-401(3); 3. Prepares a dated attendance record for each day and ensures that each staff member documents on the attendance record the time of each arrival and departure of the staff member; and 4. Maintains on the facility premises, the dated attendance record required in subsection (B)(3) for 12 months after the date on the attendance record.

“Findings: Based on Compliance Officer #1's observations, staff attendance records lacked the following: Staff #5: Present and pre-signed out at 3:35pm on 1/22/2024. Staff #6: Present and pre-signed out at 4:01pm on 1/22/2024. Staff #7: Time of departure on 12/21/2023. Staff #3: Time of departure on 1/6/2024.”

AAC R9-5-301.F. F. A licensee shall ensure that a staff member submits, on or before the starting date of employment or volunteer services, one of the following as evidence of freedom from infectious active tuberculosis: 1. Documentation of a negative Mantoux skin test or other tuberculosis screening test recommended by the U.S. Centers for Disease Control and Prevention, administered within 12 months before the starting date of employment or volunteer service, that includes the date and the type of tuberculosis screening test; or 2. If the staff member has had a positive Mantoux skin test or other tuberculosis screening test, a written statement that the staff member is free from infectious active tuberculosis that is signed and dated by a health care provider within six months before the starting date of employment or volunteer service.

“Findings: Based on facility documentation and Compliance Officer #2's observation of 5 staff files, the file for Staff #4 (start date 2/6/2020) lacked documentation of a negative Mantoux skin test administered within 12 months before the starting date of employment. The test in Staff #4's file was dated 4/14/2021.”

AAC R9-5-302. A. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following:1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Age-appropriate discipline guidelines and methods; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; and 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services. B. A licensee shall provide a copy of the written statement of child care services: 1. To the Department: a. Before the facility receives a license, and b. Every 12 months after the date of the license as required by A.R.S. § 36-883.01; and 2. To a parent when the parent requests a copy of the written statement of child care services.

“Findings: Based on facility documentation and Compliance Officer #1's observations, the statement of services lacked the following information: 1. Field trip requirements and procedures, 2. A description of the liability insurance that is carried by the Licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises, 3.Transportation procedures, 4. A notice stating inspection reports are available on-site, 5.A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number, 6.The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises, and 7. Age-appropriate discipline guidelines and methods.”

AAC R9-5-306.A. A. A licensee shall maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release of the enrolled child. 1. Except as provided in subsection (A)(2), a licensee shall ensure that the attendance form is signed with at least a first initial of an individual’s first name and the individual’s last name by each enrolled child’s parent or individual designated by the enrolled child’s parent, each time the enrolled child is admitted or released. 2. An electronic fingerprint verification or an electronic signature may be used in place of a signature of the enrolled child’s parent or designated individual to admit or release the enrolled child. 3. If an electronic signature is used to admit or release the enrolled child, the licensee shall adopt policies and procedures to ensure that the individual whose signature the electronic or digital method of identification represents is accountable for the use of the electronic or digital method; 4. A licensee shall develop, document, and implement policies and procedures to ensure that the identity of an individual is known to the staff member or is verified with picture identification before releasing an enrolled child to the individual. 5. A licensee shall not release the enrolled child to an individual other than the enrolled child’s parent or other individual designated in writing by the enrolled child’s parent except when the enrolled child’s parent is unable to collect the enrolled child and authorizes the licensee by telephone to release the enrolled child to an individual not so designated. a. The licensee shall verify the telephone authorization using a means of verification that has been agreed upon between the licensee and the enrolled child’s parent at the time of enrollment. b. The licensee shall document the means of verification in subsection (A)(5)(a) on the enrolled child’s Emergency, Information, and Immunization Record card. 6. A licensee shall not permit the self-admission or self-release of an enrolled child unless the enrolled child is of school age and the licensee has obtained and verified written permission from the enrolled child’s parent. 7. A licensee shall maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on facility documentation and Compliance Officer #1's observations, it was determined that 4 out of 10 enrolled children's attendance forms reviewed lacked the following required information: Child #2: Release signature on 1/16, 1/17, & 1/18/2024, arrival signature on 1/17 & 1/18/2024, arrival time with a complete signature on 1/19/204, release time and signature on 1/19/2024. Child #3: Not signed in with a complete signature on 1/10/2024. Child #4: Arrival signature on 1/16/2024. Child #5: Arrival signature on 1/10 & 1/11/2024.”

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 the COS’s observations, the health, safety, and welfare of enrolled infants was placed at risk of harm in the Cheery Lynn room. The diaper changing surface measures 24” in length, and did not accommodate the length of the infant receiving a diaper change. The infant was placed at a diagonal angle on the surface, and their head was bent to the side at the back left corner of the surface, and their legs were bent at a 45 degree angle so the feet did not dangle from the edge of the surface, and the infant was grasping on to the left side ledge.”

AAC R9-5-208.F. F. A licensee shall not implement any change described under subsection (B) until the Department issues an approval or amended license.

“Findings: Based on the COS’s observations, facility documentation, and staff interview, the Licensee implemented a change to the facility’s license space utilization and service classification prior to the Department’s approval. On 10/16/23, the Licensee submitted a modification request to use an unlicensed room and add infants to the facility’s service classifications. Upon administrative completion of the application, a Modification inspection was conducted on 11/7/23 and deficiencies were observed that affected the health and safety of children and corrections were required. At the time of the 11/8/23 inspection, care was provided for 3 infants in the Cheery Lynn room. Per BrightWheel documentation, care had been provided for up to 5 children at one time since 10/16/23. Staff stated the Cheery Lynn room opened up for infant care on 10/16/23.”

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 the COS’s observations, staff interview, and facility documentation, the Licensee placed the health, safety, and welfare of infants at risk of harm. The unlicensed Cheery Lynn room was used to provide care to infants since 10/16/23, which is not an approved service classification for the facility. One of 2 designated exits was locked, was blocked by cribs, and the exit was covered completely by a curtain. The diaper changing sink lacked consistent running water from 10/16/23 to 11/7/23, and the surface was not of a length to accommodate the infants receiving a diaper change. At the time of the 11/7/23 modification, an exit interview was conducted and it was discussed that the deficiencies observed must be corrected before application approval and before care could be provided in the Cheery Lynn room. The following hazards were observed at the 11/7/23 inspection and had not been corrected prior to providing care in the activity area: Crib sheets were not tight fitting as required, the cribs had been altered and documentation of approval from the crib manufacturer was not available, and the wall air vent located at the bottom of the wall allowed infants access to the panel hinges and the internal vent area. Reference inspection #34504.”

AAC R9-5-204. A. The Department licenses child care facilities using the following service classifications: 1. Full-day care; 2. Part-day care; 3. Evening and nighttime care; 4. Infant care; 5. One-year-old child care; 6. Two-year-old child care; 7. Three-year-old, four-year-old, and five-year-old child care; 8. School-age child care; and 9. Weekend care. B. The Department shall designate on a facility’s license each service classification that the facility is licensed to provide. C. A licensee shall not provide child care services in a service classification for which the licensee is not licensed.

“Findings: Based on the Compliance Officer Supervisor’s (COS) observations, staff interview, and facility documentation, care was provided for infants in the Cheery Lynn room though the facility is not approved/licensed to provide services to infants. At the time of the inspection, the COS observed 3 infants in care in the Cheery Lynn room. Per facility BrightWheel documentation, care was provided for infants at the facility since 10/16/23. Per 3 staff interviews, care for up to 5 infants was provided in the Cheery Lynn room for "quite a while".”

AAC R9-5-502.C.4.g. C. A licensee shall ensure that: 4. When feeding an infant, a staff member: g. Holds and feeds an infant under 6 months of age and an infant older than 6 months of age who cannot hold a bottle for feeding; and

“Findings: Based on the COS’s observations, a staff member in the Cheery Lynn room did not hold an infant who could not hold a bottle for feeding. The staff member placed the infant flat on the floor and held the bottle directly above the infant’s face to feed them. The staff member stated that infant could not hold their own bottle.”

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

“Findings: Based on the COS’s observations, a staff member in the Cheery Lynn room did not place an infant in a feeding chair for a bottle feeding as required. The staff member placed the infant flat on the floor and held the bottle directly above the infant’s face to feed them. The staff member stated that infant could hold their own bottle.”

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 interview of 3 staff members, the Cheery Lynn diaper changing sink did not provide consistent running water. Staff stated: *There was no running water in the Cheery Lynn room since we opened on 10/16/23. The plumbers just came out to fix it yesterday. *The water did not work until yesterday. *The water was not consistently running. It would work then go out, it would stop. It would run for like 2 minutes and then peter out. *For a while, the teacher would walk the infants into the restroom to wash hands. *She would go in the bathroom to wash hands. I would go in for her sometimes, but she has a wagon (to take infants).”