M.P.A. - Dobson

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

“Findings: Based on the Compliance Officer’s observation, the ceiling tiles in the following activity areas were cracked or damaged, exposing debris that were accessible to enrolled children: *Three’s Room: Multiple damaged tiles. *School-Age Room: Two damaged tiles. *Fours Room: Three damaged tiles.”

AAC R9-5-203.G. G. As required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on facility documentation and the Compliance Officer’s observation, the file for Staff #1 lacked a copy of the DCS background check.”

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, a completed self-screening form in a Department-provided format for tuberculosis screening purposes and follow recommendations for further tuberculosis testing, as applicable.

“Findings: Based on facility documentation and the Compliance Officer’s observation, the file for Staff #2 lacked a copy of the tuberculosis self-screening form.”

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, the Two’s playground lacked a shaded area for the enrolled children.”

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

“Findings: Based on the Compliance Officer’s observation, in the Van, there were three 5-inch holes in the ceiling.”

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

“Findings: Based on staff statement and the Compliance Officer’s observation, food preparation was done at the handwashing sink in the following diaper changing areas: *Infant Room *One’s Room *Two’s Room Staff stated the following: *Food is prepared near the Handwashing sink, away from the diaper changing sink.”

AAC R9-5-516.B.3. B. If prescription or nonprescription medications are administered, a licensee shall ensure that: 3. A facility director, or a staff member designated in writing by the facility director, does not administer a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child’s parent or health care provider that includes the: a. Name of the enrolled child; b. Type of the medication; c. Prescription number, if any; d. Instructions for administration specifying the: i. Dosage and route of administration; ii. If indicated, starting and ending dates of the dosage period; and iii. Times and frequency of administration; e. Reason for the medication; and f. Date of authorization; and

“Findings: Based on facility documentation and the Compliance Officer’s observation, the medication authorization form for Child #1 lacked the following information: *The prescription number of the medication. *The start and end date of the authorization period. The dates provided listed “birth” to “ongoing”.”

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, in the Two’s playground, the base along the fence of the perimeter of the playground had a 6-inch gap.”

AAC R9-5-503.A.3.4. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 3. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled diapers; and 4. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled clothing.

“Findings: Based on the Compliance Officer’s observation, in the One’s Room, the soiled diaper container lacked a waterproof liner.”

AAC R9-5-501.B.6. B. A licensee shall ensure that a staff member: 6. For enrolled children five-years or younger, and except as provided in subsection (C), prepares, posts, and implements a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Findings: Based on facility documentation and the Compliance Officer’s observation, in the One’s and Two’s room, the posted lesson plan was not up-to-date. The lesson plan was from the week of May 11.”

AAC R9-5-203.G. G. If required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on facility documentation and the Compliance Officer's and Compliance Officer Supervisor's observation, the file for Staff #1 lacked documentation of submission for the Central Registry background check.”

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 and Compliance Officer Supervisor's observation, the following areas were not maintained in a clean condition: All Rooms: *There was a layer of dust on ceiling tiles and fuzzy dust build up on the tiles and the sprinkler heads. *The ceiling vents had a dirt and dust build up. 2's Room: *There was dirty, sticky tape residue on the tops of furniture. *The tops of storage units and counters had a layer of dust on them. School-Age Room: *Toy buckets had dirt build up inside. *The tops of storage units and counters had a layer of dust on them. *There was a build up of dirt and grime on the sink stepstool and the adjacent wall.”

AAC R9-5-502.C.1.m. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: m. Posts the current written dietary instructions in the infant room and the kitchen and maintains the instructions on facility premises for 12 months after the date of the instructions; and

“Findings: Based on facility documentation and the Compliance Officer's and Compliance Officer Supervisor's observation, the kitchen lacked posted, current infant feeding instructions. The binder was in a drawer under a layer of items, and the instructions were not the current ones used by the Infant Room staff.”

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 the Compliance Officer's and Compliance Officer Supervisor's observation, the file for Child #5 lacked a current immunization record.”

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

“Findings: Based on facility documentation and the Compliance Officer's and Compliance Officer Supervisor's observation, the attendance records for four out of 15 children whose records were reviewed lacked: Child #1: Complete release signatures for 5/1, 5/7, 5/8, 5/9, 5/14, 5/15, and 5/16/2025 (initials only). Child #2: Complete signatures for the month of May (first name only). Child #3: Release time and signature for 5/1/2025; afternoon admission time and signature for 5/2, 5/6, 5/7, 5/9, and 5/13/2025. Child #4: Afternoon admission times and signatures.”

AAC R9-5-512.D. D. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the following restrooms were not maintained in a clean and sanitized condition: Pre-K Room: *The caulking at the base of the toilets was separating from the floor and was no longer able to be cleaned or sanitized. School-Age Room: *There was a hair and dust build up in the corner of the flooring; *The caulking at the base of the toilets was separating from the floor and was no longer able to be cleaned or sanitized.”

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 staff statements and the Compliance Officer's and Compliance Officer Supervisor's observation, the following toys, materials, and equipment were not maintained in a clean condition: North Playground: *There was a heavy dirt and dust build up on all toys and materials on the playground. Pre-K Playground: *There was a slimy black and brown dirt and debris build up in the portable sink basin. *There was dried food debris on the patio garbage can flaps. *There was a thick dark brown dirt build up on the red bouncy balls. School-Age Room: *Two activity shelves were located along the wall between the restroom and the restroom sinks. *Toys had dust and dirt build up. *The pretend cooking station had dried blue liquid spills around the burners. The 2's Room diaper changing sink was slow to drain. Staff stated the sink had not been draining since the previous week. The 2's restroom lacked soap and paper towels. There was uncovered food waste in the garbage can on the Pre-K playground.”

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

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, in the "Old Van", there was a 3" hole open to the interior side panel, and torn and cracked vinyl upholstery with exposed foam on the front passenger's armrest, which was in the upright position and accessible to children.”

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

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the air in the "New Van" was blowing from the vents at a temperature of 115°F.”

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 Officer's and Compliance Officer Supervisor's observation, the following outdoor hazards were accessible to children: North Playground: *There were five holes in the ground, extending beyond the turf covering, ranging in depth from 1.5" to exceeding 6". *The turf carpet was bunched up on the ground against the chain link fencing. *There was a heavy build up of bird feces on the climber and resilient surfacing squares. *There was a collection of spiderwebs between the basketball court fencing and the Pre-K playground fencing. *There were areas of cracked plastic on the small brown picnic table. Pre-K Playground: *The climber's two upper plastic panels were cracked, broken, and split across the top. *One metal stability clamp on the climber's platform was broken in half. *There were four cracks on the climber's slide surface. *There were areas of cracked rubber surfacing with exposed corroded metal on the climber's stairs and platforms. *There was peeling paint, splintered and sharp wood on the climber's platform backing. *The 6' metal storage shelf tipped forward easily when light pressure was applied. *An electrical cord was loosely hanging to the side of the wooden storage shelf. *There were areas of rusted metal on the base of the spring teeter-totter. *There was cracked plastic on the shed's Southeast window frame.”

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

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the outdoor activity areas lacked resilient surfacing under the following fall zones: North Playground: *The climber lacked surfacing squares under the stairs to meet the fall zones of the children utilizing the equipment. Pre-K Playground: *The surfacing under the climber, spring teeter-totter, and the "choo choo" was hard-packed under the turf.”

AAC R9-5-605.B.1. B. A licensee shall ensure that:1. All designated exits, corridors, and passageways that provide escape from the building are unobstructed and unlocked during hours of operation;

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the 2's Room exit door to the outside was unable to open easily and required physical force from the Compliance Officer Supervisor to open.”

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

“Findings: Based on the Compliance Officer's and Compliance Officer Supervisor's observation, the Pre-K restroom exhaust fan was not operable.”

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 Compliance Officer Supervisor's observation, the following hazards were accessible to children: 2's Room: *An electrical grounding prong was protruding from the outlet on the North wall. School-Age Room: *The television stand cabinet door was hanging by one hinge and unstable to the touch.”

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 observation, there was a build up of dirt and debris at each of the facility's exit door thresholds, which led to the outside.”

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 Compliance Officer Supervisor's observation, the following diaper changing areas were not maintained in a seamless, smooth, or sanitizable condition and were not kept clear of items not related to diaper changing: 1's Room: There was a stack of papers, a paper towel, a laminated sign, and a clipboard on the sink area. There was a sticker adhered to the end panel of the surface. 2's Room: There was a staff water bottle, a plastic bag, a pen, and a scrap of paper towel on the sink area. There were stacks of diapers and wipes stuffed into the side partition of the diaper surface. There was a thick, dark brown build up of dirt underneath the edges of the paper guide.”

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 facility documentation and the Compliance Officer's and Compliance Officer Supervisor's observation, the facility lunch menu for 5/20/2025 documented that "veggies" were served, however the children were served mixed fruit.`”

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

“Findings: Based on Compliance Officers’ observations, there was a step ladder, a cup and a paper towel roll on the diaper changing surface of the diapering surface of the 1/2’s classroom.”

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

“Per allegation findings: Based on observation, review of facility documentation, and staff interviews, the facility has not maintained the state mandated staff-to-child ratios on 4/10/25 when there were “16 kids with 2 teachers” with 1 year old children present. The state mandated ratio is 3 teachers for 16 children.”

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 observation, there was paper artwork on the diapering surface of the 1/2’s classroom.”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on observation and review of facility documentation, the classroom roster in the 1/2’s classroom reflected the presence of 11 children on the roster, however there were actually 12 children present in the classroom.”

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

“Findings: Based on Compliance Officers' observations, Staff #1 failed to teach, model, and encourage orderly conduct, personal control, and age-appropriate behavior when the staff member was redirecting a child in the 1's room. Staff #1 yelled at a child stating "Stop, get down now!" While pointing a finger at the child, Staff #1 yelled again, "Get down right now! I am over it! Do not make me walk over there! You'll sit in a chair, get down!" Staff #1 walked towards the child and yelled "(Child's name) get down right now! You get to sit in a chair now. I am not going to carry you down. Don't deadweight me!" Child began to cry and Staff #1 stated "Sit in a chair and cry about it! You are going to listen. You listen to Ms. (Staff's name). That's how this class works!"”

AAC R9-5-605.B.1. B. A licensee shall ensure that:1. All designated exits, corridors, and passageways that provide escape from the building are unobstructed and unlocked during hours of operation;

“Findings: Based on the Compliance Officer's observation, the designated exit that provides escapes to the outside of the building, was not in operable condition, in the following rooms: *In the Infant room and the 3's classroom, the Compliance Officer used full bodily force to try to open the door and was unsuccessful.”