M.U.S.D.#40 - Little Vandal Preschool

ARS § 36-883.02.A. A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work.

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the file for Staff #1 (DOE-04/07/2025) lacked documentation of a valid fingerprint clearance card prior to the hire date.”

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, on the playground, the following hazard was accessible to enrolled children: *The green vinyl mat on the shade structure post had several tears in the vinyl, exposing rough wood.”

ARS § 36-882.M. M. The licensee shall notify the department in writing within ten days of any change in the child care facility's director.

“Findings: Based on facility documentation and the Compliance Officers’ observations, it was determined that the Licensee failed to notify the Department within 10 days of a change in Director.”

AAC R9-5-514. A. A. A licensee shall ensure that there is a first aid kit on facility premises that contains first aid supplies in a quantity sufficient to meet the needs of the enrolled children including the following:1. Sterile bandages including: a. Adhesive bandages of assorted sizes, b. Sterile gauze pads, and c. Sterile gauze rolls; 2. Antiseptic solution or sealed antiseptic wipes; 3. A pair of scissors; 4. Adhesive tape; 5. Single-use, non-porous gloves; and 6. Reclosable plastic bags of at least one-gallon size.

“Findings: Based on Compliance Officer #2’s observation, the first aid kit lacked 1 gallon size zip lock bag and 1 roll of gauze.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on facility documentation and the Compliance Officers’ observations, it was determined that the Licensee lacked documentation of a current violation free fire inspection for review as required.”

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

“Findings: Based on the Compliance Officers' observations, in the Hallway and the Cafeteria, the exits were blocked with a double door security latch.”

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, on the Playground, there was a broken trash can at the top with exposed sharp edges. Previously cited on 12/12/23”

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

“Findings: Based on Compliance Officer #1's observations, in the Cafeteria, there were 24 uncovered electrical outlets. Previously cited on 12/12/23, 3/7/23, 12/13/22”

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

“Findings: Based on Compliance Officer #2's observations, in Room 127 (4's), there were 3 cords dangling from the computer and walkie talkie on a table down to the floor. Previously cited on 12/12/23, 12/13/22”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and Compliance Officer #1's observations, 1 of 10 children's Emergency, Information and Immunization Record cards reviewed lacked the following: Child #1: The name and contact telephone number of the 2nd individual authorized by the child's parent to collect the child from the facility in case of emergency. Previously cited on 12/12/23, 3/7/23, 12/13/22, 11/9/21”

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 Officers' observations, in the Hallway, the staff-to-child ratio was 0:1, with a required ratio of 1:1.”

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 Compliance Officer #2's observations, Room 127, lacked a posted licensed capacity. Previously cited on 12/12/23.”

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 the Compliance Officers' observations, on the playground, there was food waste in a trash can that lacked a lid. Previously cited on 12/12/23”

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

“Findings: Based on the Compliance Officers' observations, in the hallway, there was an enrolled child alone and unsupervised when walking back from the bathroom to Room 136.”

AAC R9-5-501.A.21. A. A licensee shall ensure that:21. Except when used as part of an activity, the following are stored in an area inaccessible to an enrolled child: a. Garden tools, such as a rake, trowel, and shovel; and b. Cleaning equipment and supplies, such as a mop and mop bucket.

“Findings: Based on the Compliance Officers' observations, in the Cafeteria, there were 4 electric walk-behind floor mops, accessible to enrolled children.”

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

“Findings: Based on facility documentation and Compliance Officer #2's observations, 3 of 7 staff files reviewed lacked the following: Staff #2 (DOE: 7/12/23), Staff #3 (DOE: 7/24/23) and Staff #4 (DOE: unknown): Fingerprint clearance cards were not verified by DPS before their starting date of employment. Staff #1, Staff #2 and Staff #3 fingerprint clearance cards were verified at the time of the inspection. Previously cited on 12/13/2022”

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 Compliance Officer #1's observations, in Room 136 (4's), the posted capacity stated 16 however the capacity is 28. Room 127 (4's) lacked a posted capacity.”

AAC R9-5-303.A. A. A licensee shall post in a place that can be conspicuously viewed by individuals entering or leaving the facility or activity area, the: 1. Facility’s license; 2. Name of the facility director; 3. Name of the individual designated to act on behalf of the facility director when the facility director is not present in the facility, as prescribed by R9-5-301(B)(1); 4. Schedule of child care services fees and policy for refunding fees as prescribed by A.R.S. § 36-882(P); 5. Breakfast, lunch, dinner, and snack menus for each calendar week at the beginning of the calendar week; 6. Notice of the presence of any communicable disease or infestation listed in 9 A.A.C. 6, Article 2, Table 2, from the date of discovery through the incubation period of the communicable disease or infestation; 7. Notice of the Department’s intent to deny, revoke, or suspend as prescribed by A.R.S. § 36-888 at the expiration of time in the notice for the licensee to respond; 8. Notice of an intermediate sanction imposed as prescribed by A.R.S. § 36-891.01 within 10 calendar days after the licensee received notice of the intermediate sanction; 9. Notice of a legal injunction imposed as prescribed by A.R.S. § 36-886.01 when the licensee receives the legal injunction; and 10. Notice of the availability of facility inspection reports for public viewing at the facility premises.

“Findings: Based on the Compliance Officers' observations, in Room 127 (4's), the main posting board lacked the schedule of child care services fees and policy for refunding fees, a notice of the availability of facility inspection reports for public viewing at the facility premises. In Room 136 (4's), the posted menu was dated for November. Previously cited on 12/13/2022”

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

“Findings: Based on facility documentation and Compliance Officer #2's observations, the written statement of child care services lacked the procedures for notifying a parent at least 48 hours before a pesticide is applied on the facility's premises and a statement that a parent had access to the areas on facility premises where the parent's enrolled child is receiving child care services.”

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

“Findings: Based on facility documentation and Compliance Officer #2's observations, 2 of 7 staff files reviewed lacked the following to qualify as a teacher-caregiver: Staff #3 (DOE: 7/24/23) and Staff #4 (unknown): Documentation of six months of care child experience, a high school diploma or high school equivalency diploma, or 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 or an associate or bachelor degree from an accredited college or university in early childhood, child development or a closely related field or a NAC, CDC or CCP credential. Staff #3 was alone with 2-3 enrolled children. Staff #4 was alone with 1 enrolled child. Previously cited on 3/7/2023, 12/13/2022”

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 Officers' observations, 5 of 10 children's attendance records reviewed lacked the following: Child #9: A pre-release time for 12/12/23. Child #10: A release time and signature for 12/7/23 and 12/11/23. Child #11: The admission and release signatures were initial only for 12/4/23, 12/5/23, 12/6/23, 12/7/23 and 12/11/23. Child #12: An admission signature for 12/4/23 and 12/12/23. A release signature for 12/4/23, 12/5/23, 12/7/23 and 12/12/23. Previously cited on 12/13/2022”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and the Compliance Officers' observations, 8 of 10 children's Emergency, Information and Immunization Record cards reviewed lacked the following: Child #1: The name and contact telephone number of the 2nd individual authorized by the child's parent to collect the child from the facility in case of emergency. Child #2 and Child #5: The date of the child's enrollment. Child #3 and Child #4: The date of the child's enrollment and the name of the individual to be contacted in case of injury or sudden illness of the child. Child #6: The name, home address, city, state, zip code and contact telephone number of the 2nd parent of the child. Child #7: The date of the child's enrollment, the name, home address, city, state, zip code and contact telephone number of the 2nd parent, the contact telephone number of the child's health care provider and the name of the individual to be contacted in case of injury or sudden illness of the child. Child #8: The date of the child's enrollment and the home address, city, state and zip code of both parents of the child. Previously cited on 3/7/2023, 12/13/2022, and 11/9/2021.”

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 the Compliance Officers' observations, in Rooms 127 and 136, the posted snack menu on the day of the inspection documented apple juice, however the enrolled children were served pineapple juice. The substitution of pineapple juice was not documented on the menu. Previously cited on 12/13/2022”

AAC R9-5-501.C.6. C. A licensee shall ensure that a staff member: 6. If an activity in the lesson plan required in subsection (C)(5) includes screen time, include in the lesson plan the duration of the screen time in minutes;

“Findings: Based on facility documentation and Compliance Officer #1's observations, in Rooms 127 and 136, the enrolled children were watching a movie however the posted lesson plan lacked the duration of screen time in minutes.”

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

“Findings: Based on Compliance Officer #1's observations, the following hazards were accessible to enrolled children in the following activity areas: In Room 127 (4's), there were 3 cords dangling from the computer and walkie talkie on a table down to the floor. In Room 136 (4's), there was a vinyl chair torn in multiple spots along the edges with exposed inner foam. On the south wall in the kitchen area, there was 1 inch hole exposing drywall. On the west wall in the kitchen area, there were 3 screws protecting an inch out of the wall causing very sharp edges on the screw. Previously cited on 12/13/2022”

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 facility documentation and Compliance Officer #2's observations, 4 of 7 staff files reviewed lacked the following: Staff #1 (DOE: 7/18/23), Staff #2 (DOE: 7/12/23), Staff #3 (DOE: 7/24/23) and Staff #4 (unknown): Documentation of 2 good faith effort references. Previously cited on 3/7/2023, and 12/13/2022”

AAC R9-5-401.4. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility: 4. An assistant teacher-caregiver is 16 years of age or older and provides the licensee with documentation of one of the following: a. Current and continuous enrollment in high school or a high school equivalency class; b. High school or high school equivalency diploma; c. Enrollment in vocational rehabilitation, as defined in A.R.S. § 23-501; d. Employment as a teacher-caregiver aide for 12 months; or e. Service as a volunteer in a child care facility for 12 months;

“Findings: Based on facility documentation and Compliance Officer #2's observations, 1 of 7 staff files reviewed lacked the following to qualify as an assistant teacher-caregiver: Staff #1 (DOE: 7/18/23): Documentation of current and continuous enrollment in high school or a high school equivalency class or high school or high school equivalency diploma or enrollment in vocational rehabilitation or employment as a teacher-caregiver aide for 12 months or service as a volunteer in a child care facility for 12 months. Previously cited on 12/13/2022”

AAC R9-5-509.C.21. C. A licensee shall ensure that: 21. Perishable foods are covered and stored in a refrigerator at a temperature of 41° F or below;

“Findings: Based on Compliance Officer #1's observations, in Room 136, the refrigerator lacked a thermometer.”

AAC R9-5-511.A. A. A licensee shall provide each enrolled child who naps or sleeps at the facility with a separate cot or mat or a crib that meets the requirements of R9-5-502(A)(8) and ensure that: 1. A cot, mat, or crib used by the enrolled child accommodates the enrolled child’s height and weight; 2. A staff member covers each cot, crib mattress, or mat with a clean sheet that is laundered when soiled, or at least once every seven days and before use by a different enrolled child; 3. A clean blanket or sheet is available for each enrolled child; 4. A rug, carpet, blanket, or towel is not used as a mat; and 5. Each cot, mat, or crib is maintained in a clean and repaired condition.

“Findings: Based on Compliance Officer #1's observations, in Room 136, there were 4 mats ripped in the corners exposing the inner 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 observation, on the playground, there was food waste in a trash can that lacked a lid.”

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 facility documentation and Compliance Officer #1's observations, the written fire and emergency plan lacked a date.”

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

“Findings: Based on Compliance Officer #1's observations, the following hazards were accessible to enrolled children in the outdoor activity area: There was a yellow bucket with broken corners causing sharp edges. There was a wooden panel under the shed causing sharp splinter edges. One of the poles on the basketball hoop was broken causing very sharp metal edges.”

AAC R9-5-605.B.5. B. A licensee shall ensure that: 5. Electrical extension cords are not used;

“Findings: Based on the Compliance Officers' observations, in Room 136 (4's), there was an extension cord on the north wall.”

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

“Findings: Based on Compliance Officer #1's observation, in Room 136 (4's), there was an uncovered electrical outlet by the sink. Previously cited on 3/7/2023 and 12/13/2022”

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

“Findings: Based on facility documentation and Compliance Officer #2's observation, 1 of 10 children's Immunization Records reviewed lacked the following: Child #9: A copy of the immunization record or an exemption affidavit. Previously cited on 12/13/2022”

AAC R9-5-203.C. C. Except as provided in A.R.S. § 41-1758.03, a licensee shall ensure that each staff member, before starting date of employment or volunteer service, submits to the licensee a copy of the staff member’s valid fingerprint clearance card, front and back, issued under A.R.S. Title 41, Chapter 12, Article 3.1.

“Findings: Based on facility documentation and Compliance Officer #2's observations, 2 of 7 staff files reviewed lacked the following: Staff #1 (DOE: 7/18/23) and Staff #2 (DOE: 7/12/23): A copy of the backside of the fingerprint clearance card.”

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 facility documentation and Compliance Officer #2's observations, 4 of 7 staff files reviewed lacked the following: Staff #1 (DOE: 7/18/23): A signed Criminal History Affidavit dated 7/24/23, not before their starting date of employment as required, Staff #2 (DOE: 7/12/23): A signed Criminal History Affidavit dated 7/20/23, not before their starting date of employment as required. Staff #3 (DOE: 7/24/23): A signed Criminal History Affidavit dated 9/13/23, not before their starting date of employment as required. Staff #4 (DOE: unknown): A Criminal History Affidavit, a DCS Central Registry Affidavit and documentation of the DCS Central Registry submission requirements. Previously cited on 12/13/2022.”

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

“Findings: Based on facility documentation and the Compliance Officers' observations, 2 of 7 staff members did not meet the qualifications of a teacher-caregiver and were not supervised by a qualified staff member. Staff #3 (DOE:7/24/23) was left alone and unsupervised with 2-3 enrolled children and Staff #4 (DOE: unknown) was left alone and unsupervised with 1 enrolled child. Previously cited on 3/7/2023 and 12/13/2022”

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

“Findings: Based on facility documentation and Compliance Officer #2's observations, 4 of 7 staff files reviewed lacked the following: Staff #1 (DOE: 7/18/23): Documentation of a negative Mantoux dated 7/20/23, not 12 months before the starting date of employment as required. Staff #2 (DOE: 7/12/23), Staff #3 (DOE: 7/24/23) and Staff #4 (DOE: unknown): Documentation of a negative Mantoux test. Previously cited on 12/13/2022”

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 facility documentation and Compliance Officer #2's observations, Staff #3 (DOE: 7/24/23) fingerprint clearance card was not issued before starting date of employment. Staff #3's fingerprint clearance card application was received by DPS on 7/14/23 and issued on 8/11/23.”