Passion Preschool Educational Childcare

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 Officers' observations, there was an electrical outlet near the back door of the PreK 4A classroom that lacked a safety cover or insert.”

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 Compliance Officers' observations, there was a wooden picnic table on the facility playground that had a broken hinge. Additionally, the base of the utility door adjacent to the playground was dilapidated with warped, broken and splintered wood, and eroded paint; there was a chunk of wood from the door on the ground by the threshold.”

AAC R9-5-305.C. C. A licensee shall attach an enrolled child’s written immunization record or exemption affidavit, required in subsection(A), to the enrolled child’s Emergency, Information, and Immunization Record, required in R9-5 304(B).

“Findings: Based on Compliance Officers' observations and review of facility documentation, 5 of 18 immunization records were not attached to the Emergency Information and Immunization records for Child #1, Child #6, Child #7, Child #8 and Child #9.”

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 2.2, 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 Compliance Officers' observations and review of facility documentation, the facility posting board lacked the notice of the availability of inspection reports available for public viewing..”

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 Compliance Officers' observations, the soiled clothing container in the 1/2's classroom lacked a lid and liner.”

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 or self-adhering tape; 5. Single-use, non-porous gloves; and 6. Reclosable plastic bags of at least one-gallon size.

“Findings: Based on Compliance Officers' observations, the facility's first aid kit lacked adhesive tape.”

AAC R9-5-514. E. E. A licensee shall post, near an activity area or a room's designated exit, a building evacuation plan that details the designated exits from the activity area or room and the facility.

“Findings: Based on Compliance Officers' observations and review of facility documentation, the secondary exits throughout the facility lacked an evacuation plan posted near the designated exits.”

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 Compliance Officers' observations and review of facility documentation, 6 of 18 Emergency Information and Immunization records reviewed lacked the following documentation: Child #1: Parent/guardian's contact information. Child #2: Parent/guardian's contact information. Child #3: Health care provider's contact information. Child #4: Parent/guardian's contact information. Child #5: Parent/guardian's contact information; Emergency contact's information. Child #6: The name of the individual to be contacted in case of sudden injury/illness.”

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 Officers' observations, there was a large white cabinet in Room 4B that presented a tipping hazard as it was not secured to the wall. Additionally, the metal cover of the light switch in the PreK classroom was not secured, and had exposed wiring behind the switch.”

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

“Findings: Based on Compliance Officers' observations, the temperature on the thermostat in Room 3c measured 66 degrees F.”

AAC R9-5-501.B.7. B. A licensee shall ensure that a staff member: 7. 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 Compliance Officers' observations and review of facility documentation, the duration of screen time in minutes on the lesson plan of the PreK A classroom was not posted.”

AAC R9-5-512.F.4.5. F. A licensee shall ensure that: 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;

“Findings: Based on Compliance Officers' observation, there was a trash receptacle on the playground that contained food waste, but lacked a cover.”

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.

“The CO observed food waste, and food wrappers on the playground. A bag of trash containing food waste was observed to be set outside the classroom door in the playground activity area.”

AAC R9-5-504.3. A licensee providing child care services for 1-year-old and 2-year-old children shall:3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“The CO observed the following toys and materials presented a choking hazard to the 2 year old children: marker caps crayons magnet letters sorting cubes/ bears shapes”

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;

“The CO observed that the lesson plan for the current calendar week was not posted in 1 & 2 year old room.”

AAC R9-5-301.I. I. At least once a month, and at different times of the day, a licensee shall ensure that an unannounced fire and emergency evacuation drill is conducted and each staff member and enrolled child at the facility participates in the fire and emergency evacuation drill. 1. If child care services for a child with special needs are provided at a facility, the licensee shall provide for the enrolled child’s participation in each fire and emergency evacuation drill according to the enrolled child’s individualized plan as specified in R9-5-507(A)(1). 2. A licensee shall document each fire and emergency evacuation drill and maintain the documentation on facility premises for 12 months after the date of the fire and emergency evacuation drill.

“The Compliance Officer (CO) observed that the April and August 2024 fire drills were not documented as having been conducted.”

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.

“The CO observed sting relief pads in first aid kit used for enrolled children.”

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.

“The CO observed that 1 of 8 EIIR cards were incomplete. Child 1did not have a date of enrollment, one emergency contact, and a physician's name and phone number documented on their card.”

AAC R9-5-308.B. B. A licensee shall maintain documentation of the insurance coverage required in subsection (A) on facility premises.

“The CO requested the Certificate of Liability insurance. The Director has not provided a copy of the Certificate of Liability insurance as of 2/5/2025 to the Department.”

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;

“The CO observed a can of Lysol spray accessible to the enrolled children in the 2 and 3 year old 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.

“The CO observed that Staff 2 is not teacher-caregiver qualified. Staff 2 was observed in the video to leave the room alone with a child. During the CO's inspection Staff 2 was observed to bring a child from the preschool building to the office building without any teacher-caregiver to supervise. The CO observed that the licensee failed to designate, in writing, and 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. The individuals listed on the chain of command are no longer working at the facility. Staff 2 also reported that they have opened the facility without another staff person present. Staff 2 is not qualified.”

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.

“The CO observed the postings and found that the Director and individual designated to act on behalf of the facility Director are no longer employed with the licensee. The current Director is not posted.”

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;

“The CO reviewed 6 staff files. Staff 5 was reported to work as a Director's designee. Staff 5 does not have childcare related experience documented in their file.”

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 reviewed 6 staff files. Staff 2, 3, and 5 do not have qualifying experience to work unsupervised as a teacher-caregiver. Staff 2 and 3 have worked as teacher-caregivers. Staff 5 has worked as a director designee.”

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).

“The CO reviewed 6 staff files and found Staff 2 did not have documentation attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis.”

AAC R9-5-403.A. A. Within 10 calendar days of the starting date of employment or volunteer service, a licensee shall provide, and each staff member who provides child care services shall complete, training for new staff members that includes all of the following:1. Facility philosophy and goals; 2. Names and ages of and developmental expectations for enrolled children for whom the staff member will provide child care services; 3. Health needs, nutritional requirements, any known allergies, and information about adaptive devices of enrolled children for whom the staff member will provide child care services; 4. Lesson plans; 5. Child guidance and methods of discipline; 6. Hand washing techniques; 7. Diapering techniques and toileting, if assigned to diaper changing duties; 8. Food preparation, service, sanitation, and storage, if assigned to food preparation; 9. If a staff member is assigned to feeding infants, the preparation, handling, and storage of infant formula and breast milk; 10. Recognition of signs of illness and infestation; 11. Child abuse or neglect detection, prevention, and reporting; 12. Accident and emergency procedures; 13. Staff responsibilities as required by A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter; 14. Sun safety policies and procedures; 15. Safety in outdoor activity areas; 16. Transportation procedures, if applicable; and 17. Field trip procedures, if applicable.

“The CO reviewed 6 staff files and observed that Staff 6 does not have training required within 10 days of hire. Staff 6 was hired 3/15/23.”

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

“The CO reviewed 6 staff files and observed Staff 6 does not have documentation of annual training hours documented in their file. Staff 6 was hired 3/15/23.”

AAC R9-5-404.B. B. A licensee shall:1. Determine and maintain the required staff-to-children ratio for each group of enrolled children based on the age of the youngest child in the group; 2. Allow a volunteer qualified as a director, teacher-caregiver, or an assistant-teacher caregiver to be counted as staff in staff-to-children ratios; and 3. Not allow a student-aide or an individual qualified as a teacher-caregiver-aide to be counted as staff in staff-to-children ratios.

“Per the allegations and based on the CO's interviews, observations, and investigation the following allegation was substantiated: The CO observed 19 children ages 2 and older in the room with 2 staff members when reviewing the video documentation of 9/5/2024.”

AAC R9-5-404.C.1. C. A licensee shall ensure that:1. When there are six or more enrolled children present in a facility, the following individuals are present in the facility: a. A facility director or a director’s designee who meets the requirements in R9-5-401 for a director’s designee; and b. One additional staff member;

“Per the allegations and based on the Compliance Officer's interviews the following allegation was substantiated: A Director nor Designee was present on 9/5/2024 during the time Child 1 sustained an injury. The facility had 20 children present for care on 9/5/2024.”

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

“Per the allegations and based on the CO's interviews and review of documentation Child 1's health, safety and welfare was placed at risk of harm. Child 1 was sat in a chair for time out that was placed against the block wall. Child 1 was observed to whip their head forcefully into the wall. Staff 1 and Staff 3 reported that Child 1's head was bleeding after hitting the wall. Staff 2 reported that Child 1's head was red. Upon reviewing the video evidence it was determined that enrolled children were permitted to gather around Child 1 who was exhibiting behavioral dysregulation. One of the children in the video was kicked by Child 1 during the child's behavioral dysregulation. Child 1 kicked Staff 1 in the mouth, and an unknown enrolled child in the back, Staff 2 retrieved the child who was kicked. Staff 1, 2, and 3 were present during the incident. Staff 1 was interacting with Child 1, Staff 2 and Staff 3 were observed to not provide necessary intervention to prevent the other children from getting injured placing the children at risk of harm.”

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.

“The CO observed that the emergency plan did not contain current information on the staff that have current CPR and First Aid training. The form listed 2 staff members who are no longer employed at the facility.”

AAC R9-5-504.3. A licensee providing child care services for 1-year-old and 2-year-old children shall:3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“The CO observed children ages 2-4 in the activity area. The CO observed the following choking hazards: marker caps, crayons, lego blocks, bug blocks, and plastic bears.”

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.

“The CO observed a vacuum accessible to children in the preschool activity area.”

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. A method of discipline that could cause harm to the health, safety, or welfare of an enrolled child;

“Per the allegations and based on the CO's interviews, observations, and investigation the following allegation was substantiated: Staff 1 was observed to grab Child 1 forcefully and carry the child across the room with their arm around the child's trunk area. Staff 1 attempted to sit the child in a chair that Staff 1 had placed against the wall prior to engaging the child. Staff 1 attempted to place the child in the chair, the child repeatedly slid down. Staff 1 continued to hold the child's arms and body to keep the child in the chair. Child 1 slid out of the chair and fell onto the floor. Staff 1 was observed kneeling over Child 1 holding Child 1's arms, torso, and legs at different intervals while Child 1 exhibited behavioral dysregulation. Child 1 flailed on the floor kicking their legs and moving their arms. Staff 1 attempted to put Child 1 in the chair again. Staff 1 held Child 1 in the chair and Child 1 threw their head back forcefully and hit their head on the block wall, immediately falling out of the chair. Staff 1 immediately checked the back of Child 1's head and called a second staff member over. Staff 1 continuously held Child 1 in an attempt to discipline the child for 4 minutes.”

AAC R9-5-508.D. D. If an enrolled child's parent provides food for the parent's enrolled child, the licensee shall provide milk or juice to the enrolled child if not provided by the parent.

“The CO observed a child with a grape liquid drink. The CO informed the Director that if the Parent does not provide milk or 100% juice, the center is required to provide it at meal service.”

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

“The CO reviewed 6 staff files. Staff 2 did not have a date documented that the 2 references were contacted.”

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.

“The CO reviewed 6 staff files. Staff 2 does not have documentation of a Criminal History Affidavit maintained in their file.”

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.

“The CO reviewed 5 staff files. Staff 6 does not have a fingerprint clearance card documented in their staff file. A copy of the card was requested on 9/9/2024, as of 9/10/24 a copy of the card has not been provided.”

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 observed unused uncovered outlets in the children's activity area.”

AAC R9-5-510.A.1. A. A licensee shall ensure that a staff member: 1. Defines and maintains consistent and reasonable guidelines and limitations for an enrolled child’s behavior;

“Per the allegations and based on the CO's interviews, observations, and investigation the following allegation was substantiated: Staff 1, 2, and 3 reported Child 1 was running throughout the room and getting other children to join them. The CO observed children running throughout the classroom on the video. Staff failed to maintain consistent and reasonable guidelines for the child's behavior.”

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

“The CO observed the temperature in the 4 year old room to read 62 degrees Fahrenheit. The temperature was adjusted during the inspection to 68 degrees Fahrenheit.”

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 CO's interviews, observations, and investigation the following allegation was substantiated: Staff 1 was observed on the video with a phone in their hand and their face looking at the phone. Staff 1 did not observe the incident. Staff 2 was observed bent down tying a child's shoe. Staff 2 was informed by Child 5 that they sustained in an injury when Child 6 swiped their hand across Child 5's face causing scratches. Neither Staff 1 nor Staff 2 were observed to be aware of the incident until Child 5 informed them. Staff failed to supervise Child 5 and Child 6.”

AAC R9-5-501.C.4. C. A licensee shall ensure that a staff member:4. Except as provided in subsection (D), prepares and posts in each indoor activity area, a current schedule of children’s age-appropriate activities, including the times the following are provided: a. Meals and snacks; b. Naps; c. Indoor activities; d. Outdoor or large muscle development activities; e. Quiet and active activities; f. Teacher-directed activities; g. Self-directed activities; h. Activities for individuals, groups of five or fewer children, and groups of six or more children; and i. Activities that develop small muscles;

“The CO observed that the activity schedule was not posted in the MPR room.”

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;

“The CO observed that the lesson plans were not posted for the current calendar week in the 3 year old room. The lesson plans were not posted at all in the MPR room.”

AAC R9-5-505. A licensee providing child care services for 3-year-old, 4-year-old, and 5-year-old children shall provide a supply of age appropriate toys, materials, and equipment accessible to enrolled children in each activity area in a quantity sufficient to meet the needs of the enrolled children in attendance including:1. Art supplies, 2. Blocks, 3. Books and posters, 4. Toys and dress-up clothes, 5. Indoor and outdoor equipment to enhance large muscle development, 6. Puzzles and toys to enhance manipulative and categorization skills, 7. Science materials, and 8. Musical instruments.

“The CO observed that the music items not accessible to the children in the 3 year old room.”

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.

“The Compliance Officer (CO) observed 4 of 10 Emergency Information Immunization Record cards are incomplete. Child 1 and 4- Physician's name and phone number, and who to call first in the event of an emergency was not documented. Child 2- Physician's name and phone number was not documented. Child 3- Who to call first in the event of an emergency was not documented.”

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 observed video footage of Child 5 and Child 6. Child 6 was observed to swipe Child 5's face once causing scratches to their face. Staff 1 and 2 were on the playground with the group however were observed to not witness the incident.”

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 CO's interviews, observations, and investigation the following allegation was substantiated: Child 1 was placed at risk of harm when the child was left alone in the outdoor activity area for 21 minutes.”

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 CO's interviews, observations, and investigation the following allegation was substantiated: Staff failed to supervise Child 1 when they were left alone in the outdoor activity area for 21 minutes.”

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

“The CO reviewed 2 staff files and observed Staff 1 did not have documentation of references maintained in their staff file.”

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.

“The CO reviewed 2 staff files and observed that Staff 2, hired 6/29/23, had a negative TB test read on 6/8/23. The TB test was not administered and read within 12 months before the starting date.”

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 the allegations and based on the CO's interviews, observations, and investigation the following allegation was substantiated: Child 1 was left in a ratio of 0:1 for 21 minutes while alone on the playground.”

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 incident report dated 12/11/2023 which documented Staff 1 reported not having the roster with her to verify attendance. Staff 1 left a child alone on the playground for 21 minutes.”

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 Compliance Officer (CO) reviewed Staff 1 and Staff 2's files. According to the incident report dated 12/11/2023, Staff 1 was alone with 13 children, and is not qualified to work as a teacher caregiver. Staff 1 was hired on 11/27/2023, and does not have any child care related experience documented in their file. Staff 1 was not supervised.”