My Little Angels Daycare

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

“Compliance Officer 2 reviewed staff files and found that Staff 1 did not have a physical copy of the fingerprint clearance card in the file. Compliance Officer 2 was able to verify Staff 1 had a valid card on the DPS website.”

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;

“Upon review of the written feeding instructions, Compliance Officer 1 observed that the instructions were not complete for Child 1. Child 1 was observed eating food served by the kitchen and no food items were noted on the feeding instructions, only formula.”

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.

“Compliance Office 2 reviewed two staff files and noted that Staff 1 did not have documentation of six months of previous childcare experience. Staff 1 was working as the teacher-caregiver in the Toddler Room without any supervision.”

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

“Compliance Officer 1 observed Child 3's sippy cup on the diaper changing sink counter in the Toddler classroom.”

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

“Compliance Officer 1 reviewed the lesson plans in the Toddler classroom (Room C), and noted that plans were dated for the previous week of 6/10/24-6/14/24.”

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.

“Compliance Officer 1 measured the depth of the sand in the fall zones of the playground equipment on the Preschool/After school playground as follows: 5” in the fall zones of the chain ladder, the red swing and inside area of the blue metal climber; 4.5” in the fall zone of the blue swing; 4” in the fall zones of the outside areas of the blue metal climber and yellow dome climber. CO1 measured the depth of the sand in the fall zones of the playground equipment on the Toddler playground as follows: 5" in the fall zones of the swings and the yellow slide; 4" in the fall zone of the red metal climber.”

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;

“Compliance Officer 2 reviewed two staff files and noted that Staff 1's file did not have documentation of 6 months of previous child care experience as required for a teacher-caregiver. Staff 1 was working as the teacher-caregiver in the Toddler classroom on the day of the inspection.”

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.

“Compliance Officer 1 reviewed the facility’s inspection documentation and noted that the fire permit issued by the City of Tucson Fire Department expired on 6/14/2024.”

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.

“Compliance Officer 2 reviewed ten Emergency, Information, and Immunization Records and note the following: Child 1's card did not list their date of enrollment nor did it list the name and contact number for their health care provider; Child 2's card cicd not list their date of enrollment nor did it list their health care provider's contact number.”

AAC R9-5-502.C.1.i. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: i. Changes each crib sheet and blanket before use by another enrolled child, when soiled, or at least once every 24 hours;

“The CO and COS observed two of the crib sheets were soiled. Staff 4 asked Staff 3 when she washes the sheets. Staff 3 reported that she washes the sheets every Friday. The COS reported that the sheets are to be washed every 24 hours per rule.”

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;

“The CO and COS observed that the written feeding instructions were incomplete for Child 4. Child 4 is fed food labeled with the child's name, however no written feeding instructions were obtained listing that the child eats food other than formula.”

AAC R9-5-502.C.1.n. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: n. Follows the current written dietary instructions of a parent when feeding the infant;

“The CO and COS interviewed Staff 4 who reported that Child 5's parent instructed staff to feed Child 5 four ounces of formula. Staff 4 reported that they give Child 5 at least 6 ounces because the child is hungry, and 6-8 ounces is what is recommended by the food program guidelines. The CO and COS observed that food is not documented on the feeding instructions for Child 4. A supply of food with Child 4's name on it was observed in the infant room, and Staff 3 reported feeding the child the food.”

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

“The CO and COS observed two children in cribs in the infant room with their bottles in the cribs. After further investigation it was found that Staff 3 put the children in the cribs to feed them their bottles. Children must be seated in a feeding chair or a table when being fed.”

AAC R9-5-510.B.4. B. A licensee shall ensure that a staff member does not use or permit:4. Discipline associated with: a. Eating, napping, sleeping, or toileting; b. Medication; or c. Mechanical restraint; or

“The CO observed Child 1 sitting in a low chair with a feeding table attached to it in the preschool room. Child 1 was separated from the other children. Staff 4 reported that Child 1 was fighting with the other kids so Child 1 is in time out. Staff 1 put the child in time out before leaving to use the restroom. Child 1 could not get out of the chair with the feeding table attached on their own. The CO informed Staff 4 and Staff 1 that implementing time out in this manner is considered mechanical restraint, and not permitted.”

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.

“The CO and COS observed the flooring in the infant room to have a build up of dirt and debris along the baseboards.”

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.

“The CO and COS reviewed 3 staff files. Staff 1 and 3 were observed working alone in rooms, and are not qualified to work in the capacity of a teacher-caregiver. Previously cited on 6/24/21, 6/15/22 and 6/12/23. For 6/15/22 and 6/12/23, the same staff, Staff 1 and 3 were cited for not meeting qualifications.”

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.

“The CO observed the attendance roster books for Classroom A. Child 1 and Child 2 were observed to be present in Classroom A, however their names were not documented on any of the rosters. Staff 4 reported that the children were documented on books that were maintained in Classroom D.”

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;

“The CO and COS observed that Staff 1 and Staff 3 had education documents from a foreign educational program. The documents were not evaluated to establish that they were equivalent to a high school diploma or GED in the United States. Staff 1 and Staff 3 work in the capacity of a teacher-caregiver and are not qualified. Previously cited 6/24/21, 6/15/22 and 6/12/23. For 6/15/22 and 6/12/23, the same staff, Staff 1 and 3 were cited for not having the foreign diplomas evaluated.”

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

“The Senior Compliance Officer (CO) and Compliance Officer Supervisor (COS) reviewed 3 staff files and observed Staff 1 and Staff 2 had worked while having expired fingerprint clearance cards. Staff 1 was hired 6/1/2023, and their fingerprint clearance card expired 9/5/23, and has not been renewed as of 4/24/2024. Staff 2 was hired 4/27/2018, and their fingerprint clearance card expired 11/13/2023. Staff 2 worked from 11/13/2023 until 4/14/2024 on an expired clearance card. A new clearance card was issued 4/15/2024.”

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

“The CO and COS observed Child 1 placed for care in room A. Child 1 is in diapers, room A is not equipped with a diaper changing area.”

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;

“The CO and COS observed the designated emergency exit in the infant room was locked. Staff and Licensee reported that they keep the door locked for security. Previously cited on 6/15/22 and 6/12/23.”

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;

“The CO and COS observed three uncovered outlets in the infant room, and two outlet plates that were cracked and accessible to the enrolled children.”

AAC R9-5-404.C.3. C. A licensee shall ensure that:3. When 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.

“The CO and COS observed 9 children in the facility upon entering to conduct the inspection. The COS and CO observed that Child 3 who is not an infant, was observed in the infant classroom during the inspection.”

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;

“The CO and COS observed Staff 1 working in Classroom A with enrolled children. Staff 1 does not have a valid clearance card.”

AAC R9-5-501.A.1. A. A licensee shall ensure that:1. In addition to complying with the requirements in this Chapter, the health, safety, or welfare of an enrolled child is not placed at risk of harm;

“Per the allegations and based on the interviews and investigation the following was substantiated: Staff 1 endangered the health, safety and welfare of Child 1 and Child 2 when Staff 1 placed the children on pillows for tummy time, then propped the children on pillows and moved out of arms reach to check her phone. Staff 1 reported and demonstrated that Child 2 slid down and rolled so that their face was into the pillow.”

AAC R9-5-501.A.9. A. A licensee shall ensure that:9. If a staff member places an enrolled child in a feeding chair when feeding the enrolled child: a. The feeding chair is constructed to prevent toppling; b. The tray or feeding surface of the feeding chair is smooth and free of cracks; and c. The staff member: i Cleans the feeding chair before and after each enrolled child’s use; ii. Sanitizes the tray or feeding surface before and after each enrolled child’s use; and iii. If the feeding chair was manufactured with a safety strap, fastens the feeding chair’s safety strap while the enrolled child is in the feeding chair;

“The CO and COS observed two children in feeding chairs manufactured with a safety straps that were not secured with a fastened strap. The CO observed that one of the feeding chairs had a broken strap, and other chair did not have straps on the back of the chair.”

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

“Per the allegations and based on the interviews and investigation the following was substantiated: The CO and COS interviewed Staff 1 and Staff 4. Through interviews and Staff 1's demonstration it was determined that Staff 1 failed to supervise the enrolled children in their care. Staff 1 was reported to answer a phone call and move to a chair where they were not accountable for the infant's movement on the pillows.”

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);

“The COS observed that the infant room door was open when the COS entered to conduct a ratio assessment at the beginning of the inspection. Throughout the inspection the CO reminded staff repeatedly to close the infant room door.”

AAC R9-5-502.A.5.b. A. A licensee providing child care services for infants shall:5. Develop, document, and implement tummy time policies and procedures that: b. Ensure a staff member who is supervising a non-crawling infant while the infant is flat on their stomach and on the floor: i. Is within reach of the infant; ii. Does not perform any other duties while supervising the infant; iii. Does not allow the use of pillows, comforters, sheepskins, stuffed toys, or other soft products in the same floor space as the infant; and iv. Does not allow any product specified in subsection (A)(5)(b)(iii) to be within reach of the infant;

“Per the allegations and based on the interviews and investigation the following was substantiated: The CO and COS interviewed Staff 1 and Staff 4. Staff 1 demonstrated and reported utilizing the 4 pillows for tummy time, and to prop the infants on when Staff 1 went to answer the phone. The CO asked Staff 4 why the pillows are in the infant room. Staff 4 reported that there is tile in the infant room, so staff roll the pillows, and put them under the baby so they won't hit their head on the floor.”

AAC R9-5-502.A.8.c. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: c. Is furnished with clean, sanitized, crib-size bedding, including a fitted sheet and top sheet or a blanket;

“The CO and COS observed that two of the sheets used in the infant cribs were not fitted, the sheets were observed to be gathered and not tight fitting. Previously cited on 6/15/22.”

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.

“On the day of the inspection, Staff told Compliance Officer 1 that the sign in and out sheets were not at the facility. On April 11, 2024, Staff stated that Child 1 did not have a sign in sheet for the time they attended the facility.”