Montessori Room

AAC R9-5-601.4. A licensee shall comply with the following physical plant requirements, as applicable: 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: Per allegation: Based on the Compliance Officer's and Compliance Officer Supervisor's observations, two children who are one year old children were observed in the Big Body room. The Big Body Room does not have an approved diaper changing area.”

AAC R9-5-601.5. A licensee shall comply with the following physical plant requirements, as applicable: 5. A diaper changing area is not required in an activity area that is: a. Only used by enrolled children for snacks or meals, b. Used for a specific activity by enrolled children who are two years of age or older; or c. An indoor activity area that is being substituted for an outdoor activity area under R9-5-602(D); and

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observations and on a discussion with staff, staff acknowledged that one-year-old children had been placed in the Big Body Room (an indoor substitution area for outdoor space) a “few times” the prior week. Per rule, a diapering area is required for an indoor substitution area if the children are not at least 2 years old. The Big Body room does not have an approved diaper changing area. At the time of the investigation, 2 one year old children were observed in the Big Body Room.”

AAC R9-5-404.C.3. C. A licensee shall ensure that when there are: 3. Six or more enrolled children are present in a facility, an infant is not placed for supervision with a child who is not an infant.

“Findings: Based on the Compliance Officer's observations, a discussion with staff and a review of the child's emergency card to confirm the child's Date of birth, Child #1 was observed in the infant room when the Compliance Officer initially arrived. Child #1 was later observed with the one-year-old children in the outdoor activity area. It was determined that the Child is 14 months old and the Compliance Officer observed the child walking while the child was in the outdoor activity area. The staff, however, acknowledged the child is still in the infant room and has not been moved up to the one-year-old room.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Per allegation Based on the Compliance officer's observations, Staff interview and a review of staff attendance records, rosters (for the dates of the alleged incidents) and children's attendance records, a ratio of 1:14 (3 & 4 year old children) was observed in the outdoor activity area, rather than the required ratio of 2:14. The Director was observed in the outdoor parking lot when the Compliance Officer arrived at the facility, disposing of trash. When the Compliance Officer entered the outdoor activity area, Staff #1 was the sole staff with the Preschool children. Staff #2 was observed entering the playground area and acknowledged that she had just arrived and clocked in for work. The Director stated she had been with the children in the outdoor activity area but left the area to take the trash out.”

AAC R9-5-502.A.1. A. A licensee providing child care services for infants shall: 1. Provide a wall-enclosed room for infants that provides exits required by R9-5-601(1);

“Findings: Based on the Compliance Officer's observations, the infant room door that leads to the hallway was open when the Compliance Officer arrived at the facility and there was a child in the room with a staff member.”

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, a water bottle was stored on the diapering surface in the infant room. The laminate on the diapering table on the front ledge in the 1-year-old room was separated in a 6-inch area and the area was not waterproof and sanitizable.”

AAC R9-5-512.A. A. A licensee shall maintain facility premises free of insects and vermin.

“Per Allegation: Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's interview with staff, staff stated that scorpions have been sighted throughout the facility, multiple times over the last few months. Staff statements include: *The scorpions are both alive and dead; *Scorpions are found alive in the hallway and as recently as a few weeks ago; *They have been in the art closet, and *An alive scorpion was seen in the big body room.”

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 and Compliance Officer Supervisor's observations, a puddle of standing water was observed near the sink area in Room 6. The Director stated the water was from the overflowing toilet in the adjoining Kinder room that overflowed shortly after the Compliance Officer and Supervisor had arrived early that morning.”

AAC R9-5-512.F.8.9. F. A licensee shall ensure that: 8. Plumbing fixtures are maintained in a clean and working condition; and 9. Chipped or cracked sinks and toilets are replaced or repaired.

“Per Allegation: Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observations and on staff interviews, the Kinder room toilet overflowed during the inspection. A parent told the Director the toilet was overflowing. The toilet in the Big Body room would not flush. Staff stated the toilet in the Big Body room does not flush and stated a child had thrown a toy in it and it frequently will not flush, and sometimes overflows.”

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

“Findings: Based on the Compliance Officer Supervisor's observations, the Emergency plans that were posted were not dated.”

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.

“Per allegation: Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observations, the sand measured the following depths in the fall zones: *1 inch of the required 6 inches at the base of the red slide; *2 inches of the required 6 inches at the base of the red straight slide; and *3 inches of the required 6 inches under the blue stairs, the yellow climber and at the base of the toddler slide.”

AAC R9-5-605.B.2. B. A licensee shall ensure that: 2. Combustible material, such as paper, boxes, or rags, is not permitted to accumulate inside or outside the facility premises;

“Per allegation Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observations, a pile of multiple cardboard boxes were stored in the mop room that is located in the hallway closet, where the water heater is located. Multiple air filters, ceiling tiles and boxes of floor tiles were also stored in a large pile in this closet.”

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 and Compliance Officer Supervisor's review of staff files, Staff #3's file (DOE 11/26/24) contained an incomplete criminal history affidavit. Question #2 was not answered.”

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

“Findings: Based on the Compliance Officer Supervisor's observation, the exhaust vent in the second bathroom in the Kinder room was not operable.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete 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 Supervisor's review of 15 children's emergency cards, 4 of the cards lacked the following information: *Child #1- The name of the individual to be contacted first in the event of an emergency; *Child #2- The name of the individual to be contacted first in the event of an emergency and the name and telephone number of the child's health care provider; *Child #3- The name and telephone number of a second emergency contact; and *Child #4- The child's date of enrollment.”

AAC R9-5-404.C.3. C. A licensee shall ensure that when there are: 3. Six or more enrolled children are present in a facility, an infant is not placed for supervision with a child who is not an infant.

“Findings: Based on the Compliance Officer Supervisor's and the Compliance Officer's observation and on a discussion with staff, 10 children were in the outdoor activity area. A non-walking infant was observed in the 1-year-olds playground area. The staff acknowledged that the child was not fully walking and stated that the child was usually in the infant room.”

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, 4 packages of diapering wipes in the 1-year-old room and 4 packages of diapering wipes in Room 6 were not labeled with the child's first and last name.”

AAC R9-5-509.C.22. C. A licensee shall ensure that: 22. Foods are prepared as close as possible to serving time and, if prepared in advance, are either: a. Cold held at a temperature of 45° F or below or hot held at a temperature of 130° F or above until served; or b. Cold held at a temperature of 45° F or below and then reheated to a temperature of at least 165° F before being served.

“Findings: Based on the Compliance Officer Supervisor's observation, the thermometer in the Preschool room freezer read 50 degrees F.”

AAC R9-5-307.1. A licensee shall ensure that the licensee or a staff member documents and reports all suspected or alleged cases of child abuse or neglect.1. The licensee or staff member shall report the suspected or alleged child abuse or neglect to the Arizona Department of Child Safety or to a local law enforcement agency as prescribed in A.R.S. § 13-3620. The licensee or staff member shall also send documentation to the Arizona Department of Child Safety and any local law enforcement agency previously notified within three calendar days of the initial report and maintain documentation of a child abuse or neglect report on facility premises for 12 months after the date of a report.

“Findings: Based on the Compliance Officer's interview with staff and on a review of documentation related to the allegations, it was determined that a child was engaging in an inappropriate behavior daily for about a month. Staff stated the child was humping the sand in the outdoor activity area, and that it was occurring daily. The child was also using inappropriate terminology and had told other children about doing it. Staff stated the following: *(The child) was humping the sand daily for about a month but it stopped about 2 months ago; *(The child) called it "Cootie Private" and "Cootie cutting"; *(Other children's names) said (The child) had told them about doing it.”

AAC R9-5-203.A. A. A licensee shall ensure that a staff member completes, signs, dates, and submits to the licensee, before the staff member’s starting date of employment or volunteer service:1. The form required in A.R.S. § 36-883.02(C); and 2. If required by A.R.S. § 8-804, the form in A.R.S. § 8-804(I).

“Findings: Based on the Compliance Officer's review of 2 staff files, the staff files lacked the documentation verifying the DCS background check application was submitted before the staff's employment date: *Staff #1 (DOE 2/25/25) -The file lacked documentation of the staff's completion and submittal of the DCS background application; and *Staff #2 (DOE 3/3/25)- The file contained documentation indicating the DCS background application was not submitted until 3/31/25, rather than prior to the staff's date of employment.”

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 the Compliance Officer's review of Staff #2's file (DOE 3/3/25) Staff #2's file contained documentation of education from a foreign country. The education's equivalency had not been obtained from a credentialing agency and it could not be verified that the staff's education was equivalent to at least of high school diploma and met the minimum education qualifications required of a teacher.”

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 the Compliance Officer's review of staff files, Staff #1's file (DOE 2/25/25) contained documentation stating the staff's TB test was not completed until 2/26/25, rather than prior to the staff's date of employment.”

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 observations and a discussion with staff, the following was noted regarding rosters: *2 year old classroom on the outside playground, 9 children were present but the roster listed only 8 children as present. The staff stated a child had arrived earlier but the staff acknowledged the child had not been added to the roster.”

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 review facility documentation and on a discussion with the Director and the Licensee, the Compliance Officer observed that Staff #3's date of employment had been whited out and changed to 10/18/24 on the Personnel records form, the Orientation form, the DCS clearance application form, the DPS card verification date and on the Criminal History Affidavit form. The Staff's attendance indicated that Staff 3's start date was 9/9/2024. The Director acknowledged changing the Staff's date of employment to 10/18/2024 and the Licensee stated she instructed the Director to change the Staff's date of employment to 10/18/2024.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Based on the Compliance Officer's observation, the ratio was 1:13 (the youngest child was 2 years old) in the Big Body room. **Previously cited 9/11/2024 & 9/12/2023.”

AAC R9-5-401.2. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:2. A facility director’s designee is 21 years of age or older and provides the licensee with documentation of one of the following: a. At least 12 months of child care experience, a high school or high school equivalency diploma, and: i. Three credit hours or more in early childhood, child development, or a closely-related field from an accredited college or university, or ii. At least 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field; b. At least 12 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 the Compliance Officer's review of Staff #1's file (the Assistant Director), the file contained documentation of the staff's high school diploma and 2 years of childcare experience. The file still lacked documentation of either 3 credit hours in early childhood, child development, or a closely-related field from an accredited college or university, or at least 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field. *Previously cited on 9/11/24.”

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,17 children were observed in the Big Body room but the roster listed 22 children as present. *Previously cited 9/11/2024 & 9/12/2023.”

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 observations, the licensed capacity of the following rooms was incorrectly posted: *The front Infant room- licensed capacity is 11 but was incorrectly posted as 16; and * The Preschool room- the licensed capacity is 28 but was incorrectly posted as 29.”

AAC R9-5-512.E. E. If laundry belonging to a facility is done on facility premises, a licensee shall:1. Not use a kitchen or food storage area for sorting, handling, washing, or drying laundry; 2. Locate the laundry equipment in an area that is separate from licensed activity areas and inaccessible to enrolled children; 3. Not permit an enrolled child to be in a laundry room or use a laundry area as a passageway for enrolled children; and 4. Ensure that laundry soiled by vomitus, urine, feces, blood, or other body fluid is stored, cleaned, and sanitized separately from other laundry.

“Findings: Based on the Compliance Officer's observations, a washing machine was observed in the Jackrabbit room and was accessible to the children.”

AAC R9-5-516.B.4. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:4. A staff member : a. Administers a prescription medication provided by a parent only from a container dispensed by a pharmacy; b. Administers a nonprescription medication provided by a parent for an enrolled child only from a container prepackaged and labeled for use by the manufacturer and labeled with the enrolled child’s name; c. Does not administer any medication that has been transferred from one container to another; and d. Does not administer a nonprescription medication to an enrolled child inconsistent with the instructions on the nonprescription medication’s label, unless the facility receives written authorization from the enrolled child’s health care provider.

“Findings: Based on the Compliance Officer's observation and on a discussion with the Director, Child #1's Twin pack of Epipens only contained one of the auto-injectors. The Director acknowledged the second injector was not on site and stated the parent had not provided written permission from the child's health care provider that allowed the injectors to be separated. *Previously cited 9/11/2024 .”

AAC R9-5-605.B.6. B. A licensee shall ensure that: 6. Except for a room used only for an enrolled school-age child, each unused electrical outlet is covered with a safety plug cover or insert;

“Findings: Based on the Compliance Officer's observations, 4 unused electrical outlets in the Preschool room on the strip cord near the refrigerator were not covered with a safety plug cover or insert.”

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 observations, the following was noted regarding the diapering areas: *Roadrunner room- The diapering sink was dirty with sand and dirt. The diapering surface was worn in several areas and the laminate surfacing was no longer waterproof in those areas; and *1-year-old room- A child’s sox was stored on the diapering counter. *Previously cited 9/11/2024 & 9/12/2023.”

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 review of Staff #1's file, the Criminal history affidavit form lacked either the CDC license number or the facility’s address. *Previously cited 9/11/2024.”

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 Supervisor's observations, the following hazards were accessible to enrolled children: *Room 8: Two blind cords were hanging down below the window. *2's Room: There was a couch cushion with three tears, with exposed foam.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Per allegation- Based on the Compliance Officer's and the Compliance Officer Supervisor's observations and on interviews with staff, the licensee failed to maintain the required ratio at all times. Staff stated the following; *The Director steps out of the room to do other tasks, even though she is required to be in the room for ratio; *The Director leaves the facility, due to errands and leaves us out of ratio. During the inspection, a ratio of 1:15 was observed in the 2yr old room by the Compliance Officer. The Compliance Officer observed the second staff walking down the hall and re-entering the classroom. The staff stated she had stepped out to get a child’s lunch. **Previously cited on 9/12/23, 1/4/24 and 7/23/24.”

AAC R9-5-401.2. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:2. A facility director’s designee is 21 years of age or older and provides the licensee with documentation of one of the following: a. At least 12 months of child care experience, a high school or high school equivalency diploma, and: i. Three credit hours or more in early childhood, child development, or a closely-related field from an accredited college or university, or ii. At least 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field; b. At least 12 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 the facility documentation and the Compliance Officer Supervisor's review of Staff #6's file (The Assistant Director), the file lacked documentation of the staff's education.”

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 facility documentation and the Compliance Officer's observation, in Room 7, there were 11 children present, but the names of only 3 children were listed as present on the roster.”

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 the facility documentation and the Compliance Officer Supervisor's observation, Child #1 lacked a copy of an immunization record card or a signed religious or medical exemption.”

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 the facility documentation and the Compliance Officer Supervisor's observations, it was determined that 4 out of 15 enrolled children's Emergency Information and Immunization Record cards reviewed lacked the following required information: Child #1:The child's date of enrollment; Child #2: The child's date of enrollment and the name and phone number of at least 2 emergency contacts; Child #3: The name, address and phone number of the child's second parent; and Child #4: The name of the person to be notified first in case of injury or sudden illness.”

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 the facility documentation and the Compliance Officer Supervisor's review of staff files, the following was noted regarding TB test completion dates: *Staff #3 (DOE 9/18/2023)- The staff did not complete the TB test until 1/9/24, rather than before the date of employment; *Staff #4 (DOE 11/20/23)- The staff did not complete the TB test until 2/1/24, rather than before the date of employment; *Staff #6 (DOE 7/25/24)- The staff completed the TB test on 4/30/22, more than 12 months before the staff's date of employment; and *Staff #8 (DOE 9/9/24)- The staff completed the TB test on 3/19/23, more than 12 months before the staff's date of employment.”

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: a. If the intended change 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. If the intended change is to increase licensed capacity, the square footage of the outdoor activity area; and c. If the intended change includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable: i. If the facility is 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. If the facility is 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 Supervisor's and the Compliance Officer's observations, the licensee changed the Big body movement from Room 8 to Room 7, which was previously a preschool room. Room 8 was changed to a Preschool room. The licensee failed to submit a modification application in the Licensing portal at least 30 days before the intended changes.”

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 facility documentation and the Compliance Officer Supervisor's observation, the files for Staff #5 (DOE 7/29/24) and Staff #8 (DOE 9/9/24) lacked documentation of the validity of the fingerprint card before the starting date of employment.”

AAC R9-5-516.B.4. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:4. A staff member : a. Administers a prescription medication provided by a parent only from a container dispensed by a pharmacy; b. Administers a nonprescription medication provided by a parent for an enrolled child only from a container prepackaged and labeled for use by the manufacturer and labeled with the enrolled child’s name; c. Does not administer any medication that has been transferred from one container to another; and d. Does not administer a nonprescription medication to an enrolled child inconsistent with the instructions on the nonprescription medication’s label, unless the facility receives written authorization from the enrolled child’s health care provider.

“Findings: Based on the facility documentation and the Compliance Officer's observation and on a discussion with the Director, the Director acknowledged that Tylenol medication that was labeled for children ages 4-11 was being administered to an infant for teething.”

AAC R9-5-601.5. A licensee shall comply with the following physical plant requirements:5. A diaper changing area is not required in an activity area that is: a. Only used by enrolled children for snacks or meals, b. Used for a specific activity by enrolled children who are two years of age or older; or c. An indoor activity area that is being substituted for an outdoor activity area under R9-5-602(D); and

“Findings: Based on the Compliance Officer's and the Compliance Officer's Supervisor's observations, a 1 year old child was observed in room 7 (the big body room). Room 7 does not have an approved diapering area.”

ARS § 36-882.C. C. An application for an initial license shall include:1. The form that is required pursuant to section 36-883.02, subsection C and that is completed by the applicant. 2. A copy of a valid fingerprint clearance card issued to the applicant pursuant to section 41-1758.07. 3. If the applicant's facility is located within one-fourth mile of any agricultural land, the names and addresses of the owners and lessees of the agricultural land and a copy of the agreement required pursuant to subsection D of this section.

“Findings: Based on the facility documentation and the Compliance Officer Supervisor's review of staff files, the Criminal history affidavit forms in Staff #1's, Staff #7's and Staff #8's files lacked either the CDC license number or the facility's address.”

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 the facility documentation and the Compliance Officer's observation, 3 over the counter medications were not labeled with the child's first and last name.”

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 the facility documentation and the Compliance Officer's discussion with the Director, the Director acknowledged she had not documented Child #5's illness that had occurred in September 2024.”

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

“Findings: Based on the facility documentation and the Compliance Officer Supervisor's observations, the prepared written fire and emergency plans posted in the classrooms lacked a date of completion.”

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

“Findings: Based on the Compliance Officer Supervisor's observation, the temperature in the 1's classroom refrigerator was 46 degrees F, rather than below 41 degrees F as required. **Previously cited on 1/4/24.”

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 Supervisor's observation, in the 1's and 2's classroom, the diaper changing sink temperature measured at 80 degrees F, rather than between 86-110 degrees F as required.”

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 observations, the surface of the diapering tables in the infant room and in Room 4 had areas where the sealant had worn off and was no longer waterproof.”

AAC R9-5-501.C.9. C. A licensee shall ensure that a staff member:9. Does the following when a parent permits or asks a staff member to apply personal products on an enrolled child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, toothpaste, and baby diapering preparations: a. Obtains the enrolled child’s personal products from the enrolled child’s parent or, if the licensee provides the personal products for use by the enrolled child, obtains written approval for use of the products from the enrolled child’s parent; b. Labels the personal products with the enrolled child’s name; and c. Keeps the personal products inaccessible to enrolled children;

“Findings: Based on the Compliance Officer Supervisor's observations, in the 1's classroom, there were two wipes with no label, one wipe with a first name and last initial and 1 wipe with the first name only, rather than the first and last name as required.”

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

“Findings: Based on the facility documentation and the Compliance Officer's observation and on a discussion with the Director, the Director acknowledged having two stock medications on-site for 2 children. One was for ant bites and the other medication was for the child's allergies.”

AAC R9-5-512.A. A. A licensee shall maintain facility premises free of insects and vermin.

“Findings: Per Allegation (Premises not maintained free of insects): Based on the Compliance Officers' observations, on interview with staff and a review of the Pest control application documentation dated 7/13/2024, staff stated live scorpions, ants, cockroaches and a centipede have been observed both inside the classrooms and on the outside playground. Staff stated the following: *There was a live scorpion in the infant room a few weeks ago and live ants in Room 9; *There have been ants in the infant room crawling on the tables, by the fridge and on the wall by the cubbies as recently as this week; *There had been live scorpions in the infant room and other live insects including cockroaches and ants (in the hallway and room 9 and a centipede (in the 2-year-old room; *Scorpions (both dead and alive) have been seen in several classrooms; * I find roaches both alive and dead on the floor frequently; and *There were 2 scorpions found in the 2 year old room. One was dead and found about a month ago. A live scorpion was found last Friday in the room.”

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: Per Allegation (Unqualified staff are not supervised)- Based on the Compliance Officers' observations, interview with staff and a review of staff files, Staff #1 and Staff #2 were observed working together in Room 4 at the time of the inspection. A review of Staff #1's and #2's files determined the staff do not meet the minimum qualifications of a teacher caregiver and are required to be supervised. Staff stated that Staff #2 is left alone with children at times when the second staff leaves the room.”

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 the Compliance Officers' observations, review of staff files and an interview with staff, Staff #1 and Staff #2 were observed working together in Room 4 at the time of the inspection. A review of Staff #1's files (DOE 3/4/24) determined the file contained documentation of the staff's high school diploma but the documentation indicated the staff had only 4.5 months of the 6 months of child care experience. Staff #1 stated she did not have any childcare experience prior to this job. A review of Staff's #2's file determined the staff was not 18 years old and therefore does not meet the minimum qualifications of a teacher caregiver. *Previously cited: 2/13/23, 9/12/23 and 1/4/24.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Per Allegation (Ratios) Based on the Compliance Officers' observations and an interview with staff, the following ratios were observed during the inspection: *1:14, initially and 1:16 later in the inspection in the (3-4 yr old room); and *1:6 Infant room. Staff statements include: *We are short-staffed and are out of ratio a lot; *Staff leave other staff out of ratio when a staff member goes inside to retrieve items; *In the afternoon, the Director leaves around 3:30 PM and leaves a staff to close by themselves and the staff is out of ratio, with as many as 15 children, the youngest children being 3 years old; *Staff are forced to work when they are sick because they are short-staffed. *Previously cited: 9/12/23 and 1/4/24.”

AAC R9-5-404.C.2. C. A licensee shall ensure that:2. When five or fewer enrolled children are present in a facility, the facility director or director’s designee who meets the requirements in R9-5-401 is present in the facility, and an additional staff member is available by telephone or other equally expeditious means and able to reach the facility within 15 minutes after notification; and

“Findings: Based on the Compliance Officers' interview with staff, including the Director, the staff stated and Director acknowledged she frequently leaves around 3:30 and it was determined there is not a qualified assistant director on site when the Director leaves for the day. The Director acknowledged that the Assistant Director listed on the parent board (Whitney) never started at the facility. Staff stated that they had never met Whitney. The Director acknowledged the new Assistant Director does not start until sometime in August 2024. *Previously cited: 9/12/2023.”

AAC R9-5-503.D. D. A licensee shall ensure that a written diaper changing procedure is posted and implemented in each diaper changing area.

“Findings: Per Allegation (Diapering procedures not implemented): Based on the Compliance Officers' observations and an interview with staff, they stated the facility has run out of diapering changing gloves on several occasions. The Director acknowledged that due to an ordering error, the center had run out of gloves. At the time of the inspection, the 2-year-old room did not have the required diapering gloves. That staff acknowledged they had been changing diapers without gloves the entire morning.”

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 and on a discussion with the Owner, the sand on the Primary Playground measured 4 inches of the required 6 inches at the base of the red, twist slide, the yellow ladder and the blue steps. The sand measured 3 inches of the required 6 inches at the base of the red slide. The Artificial turf on the 2-year-old/Toddler playground lacked the required resilient surface in the fall zones of the climbing structure. The Owner acknowledged she had not obtained documentation verifying the resilient surface on the Toddler playground met the minimum requirements of this rule. *Previously cited: 2/13/23, 9/12/23, 1/4/24 and 5/21/24.”

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, in Room 8 the top surfacing of some of the floor mats was peeling. *** Repeat deficiency 9/12/2023 & 1/4/2023”

AAC R9-5-604.B.3. B. A licensee that uses a private pool for an enrolled child shall ensure that the swimming pool and its equipment meet the following requirements: 3. A portable pool that does not meet the requirements of subsection (B)(1) or (2) is prohibited;

“Findings: Based on the Compliance Officers' observations, on the 3’s playground there was standing water in a round inflatable water feature pool. On the 2’s playground, there was a deflated pool with remnants of water in it located by the entry door. *** Previously cited 9/12/2023”

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, a review of the Safety Surfacing Field Retest Report completed on 1/16/24 and a discussion with a playground expert who had conducted the test, the test documentation stated that the surfacing test had failed. Per phone conversation, the playground expert stated the resilient surfacing did not meet the minimum requirements of equivalency of the required 6 inches of resilient surfacing. The expert further stated that there was compacted gravel under the artificial grass. On 3 of 3 outdoor activity areas, the artificial turf area around the climbing structures was hard and lacked "bounce/squishiness to offer a resilient surface". ***The facility had been previously cited and was required to have a Safety surfacing test completed. *** Previously cited 2/13/2023, discussed 6/7/2023, 9/12/2023, & 1/4/2024”

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 #1's observations, in Room 6 toilet room, there was a plunger and a white toilet brush on the floor, accessible to enrolled children. *** Previously cited 2/13/2023”

AAC R9-5-504.5.d. A licensee providing child care services for 1-year-old and 2-year-old children shall:5. Ensure that: d. If a parent brings a sippy cup for the parent’s enrolled child, the sippy cup is labeled with the enrolled child’s name.

“Findings: Based on Compliance Officer #1's observation, in Room 4 there was a blue sippy cup in the refrigerator that was labeled with a child’s initials only, rather than with a child's first and last name as required. *** Previously cited & TA 9/12/2023”

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 the Compliance Officers' observations and staff statement, Room 4 lacked a soiled clothing container. Staff stated they place clothing in a baggie and place it in the child’s cubby. *** Previously cited 9/9/2022, 2/13/2023, & TA 9/12/2023”

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

“Findings: Based on Compliance Officer #1's observation, in the Infant room, there was a 1.5 inch gap between the crib end and the mattress pad on one of the cribs. *** Previously cited 9/9/2022 & 9/12/2023”

AAC R9-5-502.A.11. A. A licensee providing child care services for infants shall: 11. Label each food container received from the parent with the infant's name.

“Findings: Based on Compliance Officer #1's observation, in the Infant room, there was an unlabeled jar of beef with vegetables baby food in the refrigerator. *** Previously cited 9/12/2023 & 1/4/2024”

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

“Findings: Based on the Compliance Officers' observations, the following diaper changing areas were not seamless and smooth, and were not kept clear of items not required for diaper changing: Room 3: There were 2 paint brushes and remnants of paint smears in the diaper sink. Room 4: The diaper surface was rough on the new diaper area, and there was peeling laminate with exposed wood on the edge of the ledge on the diaper surface. *** Previously cited 9/9/2022, 2/13/2023, TA 6/7/2023 & 9/12/2023”

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 documentation, the Compliance Officers' observations (COs), staff statement, and a conversation on 5/21/24 with the playground expert who conducted the playground surfacing test on January 16, 2024, the Licensee placed children at risk of harm by allowing children to use a grey faux rock structure that is 82 inches high. The playground expert had informed the Director on 1/16/2024 that the structure needed to be removed, due to a lack of resilient surfacing. The playground expert stated that the Safety Surfacing Field Retest Report, concluded that the facility's resilient surfacing on all 3 playgrounds "failed really bad". The facility had not fixed the surfacing on the playgrounds, and had not removed the grey structure. The Licensee stated she thought the playgrounds passed the Filed Retest Report. ***Previously cited 2/13/2022 & 9/12/2023.”

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 the Compliance Officers' observations, in the Infant room, 2 out of 5 Infant feeding plans were not current. Per staff, both infants eat food and the feeding instructions listed formula only, and lacked the foods, food amounts and frequency of feedings for the infants. *** Previously cited 9/12/2023 & 1/4/2024”

AAC R9-5-501.A.6. A. A licensee shall ensure that: 6. Age-appropriate toys, materials, and equipment are provided to enable each enrolled child to participate in an activity;

“Findings: Based on the Compliance Officers' observations and staff statement, on the 1’s playground, the sticker on the playground structure stated for children ages 18 months and older. Staff stated younger one-year-olds use the playground.”

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

“Findings: Based on Compliance Officer #1's observation, in Room 2, the top 2 side bars of a crib were not securely attached to the crib. ***Previously cited 9/9/2022, 2/13/2022, 9/12/2023, & 1/4/2024.”

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 was observed: 1’s playground: There was peeling, exposed orange insulation foam around a drain pipe near the water fountain. 2’s playground: *The artificial turf was not securely attached and loose nails were protruding up through the turf. *There was cracked plastic on the base of the playhouse. 3’s playground: *The artificial turf was not securely attached and there were loose nails protruding up through the turf. *Per a discussion with a playground safety expert on 5/21/2024, there was a grey rock climbing wall 82” high. The playground expert informed the facility on 1/16/2024 that the structure needed to be removed. The grey structure was still located on the playground at the time of the inspection. *** Previously cited 9/9/2022, 2/13/2023, 6/7/2023, 9/12/2023 & 1/4/2024 **TA given on 1/4/2024 regarding the orange insulation foam.”

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 Officer #1's observations, the following was observed: Room 7: The sink was inoperable, and the paper towel dispenser lacked paper towels. Room 5: The toilet paper dispenser was empty and the soap dispenser was empty. Room 8: The paper towel dispenser was empty. *** Previously cited 9/9/2022, 2/13/2023, TA 9/12/2023 and cited, & 1/4/2024”