Phoenix Children's Academy Private Preschool # 225

AAC R9-5-503.A.2. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 2. A hand-washing sink next to the diaper changing surface for staff use when changing diapers and for washing an enrolled child during or after diapering that provides: a. Running water between 86° F and 110° F, b. Soap from a dispenser, and c. Single-use paper hand towels from a dispenser;

“Findings: Based on the Compliance Officer’s observation, in the Toddler B classroom, the temperature of the diaper changing sink was 80° F, rather than 86°F to 110°F. as required.”

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

“Findings: Based on the Compliance Officer’s observation, in the Two A classroom the soiled diaper container lacked a tight fitting lid. The EPS B Classroom lacked a soiled diaper container as required.”

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

“Findings: Based on the Compliance Officer's observations, in the Infant A and Infant B classrooms, there were 2 wipes that lacked the enrolled child's last name. In the Two A Classroom, there were 8 diaper creams and 6 wipes that lacked the enrolled child's last name. In the Preschool B classroom, there was a bottle with cream colored liquid that lacked the enrolled child's first and last name.”

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

“Findings: Based on the Compliance Officer’s observation, the following hazards were accessible to enrolled children: K Club Classroom: *There was a 2-inch hole at the base of the wall exposing drywall.”

AAC R9-5-503.E.1. E. A licensee shall ensure that in an activity area with a diaper changing area: 1. The container required in subsection (A)(3) and (4) are inaccessible, and

“Findings: Based on the Compliance Officer’s observation, in EPS B, there was a pull-up in the toilet room trash accessible to enrolled children.”

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

“Findings: Based on the Compliance Officer's observations, in the EPS B Classroom, there was a clear container with markers, a plastic clipboard with papers, a clipboard with cards, a plastic bag with clothes and blankets, a jug with purple paint in it, a glass cylinder, and 2 plastic spray bottles labeled bathroom soap and bleach on the diaper-changing surface. In the Infant B Classroom, there was a sponge and a pink pacifier on the diaper-changing sink. In Two B Classroom, there were 3 plastic spray bottles with clear and green liquid behind the diaper-changing sink. In Two A Classroom, there were 4 plastic spray bottles with clear and green liquid behind the diaper-changing sink.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the roster in the Two's A classroom did not reflect the number of children present (8 children present, 7 children listed on the roster). The roster in the School-Age classroom did not reflect the number of children present (14 children present, 13 children listed on the roster).”

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

“Findings: Based on the Compliance Officer’s observation, in Preschool A, the designated exit door that provides escape from the building was locked.”

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

“Findings: Based on staff statements and the Compliance Officer’s observation, in the Outdoor Activity area the facility had 2 portable wading pools (per manufacturer specifications) accessible to enrolled children. Staff Statements: ”We have used them during water play for the kids” ”They are for water day play for all the children, when we don’t have a special activity.””

AAC R9-5-501.A.3. A. A licensee shall ensure that: 3. For enrolled infants and children five-years or younger, drinking water is available to meet the needs of each enrolled child;

“Findings: Based on the Compliance Officer’s observation, in the Outdoor Activity area, the Toddler B classroom lacked drinking water and cups for enrolled children.”

AAC R9-5-501.A.17. A. A licensee shall ensure that: 17. Each enrolled child’s pacifier is labeled with an identifier that is specific to the enrolled child and maintained in a clean condition;

“Findings: Based on the Compliance Officer's observations, in the Infant A and Infant B classrooms, the pacifiers lacked a label with an identifier specific to the enrolled child.”

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

“Findings: Based on the Compliance Officer's observations, in the Two-B Room, there were 3 nap cots with enrolled children placed in front of the exit door.”

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 staff statements and the Compliance Officer's observations, in the Preschool B Room, the required staff-to-child ratio was not maintained as it went from 2:22 to 1:22 when one of the staff members who temporarily left the classroom came back into the classroom. Staff stated that they left the classroom to take something over to the neighboring classroom.”

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.

“Findings: Based on facility documentation and the Compliance Officers' observations, Staff #1's (DOH 6/3/2013) fingerprint clearance card had expired on 12/7/2024 and the new fingerprint card was not issued until 12/11/2024.”

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

“Findings: Based on the Compliance Officer and the Compliance Officer Supervisor's observation, the standing mirror next to the pretend sink and pretend kitchen in the Preschool A classroom was not secure and was easily toppled over.”

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 Officer and Compliance Officer Supervisor's observation, enrolled children lacked supervision at all times in the following areas: Two B classroom: One child in the toilet room without staff standing near the door. KRA classroom: One child in toilet room without staff standing near the door. KRB classroom: One child in toilet room without staff standing near the door.”

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

“Findings: Based on the Compliance Officer and Compliance Officer Supervisor's observation, the following diaper changing areas were not maintained in a seamless, smooth, or sanitizable condition and were not kept clear of items not related to diaper changing: Infant B Room: *The corner of the diaper changing table was chipped with exposed particle wood. *There were spray bottles placed on top of a paper towel on the diaper changing area next to the divider. Toddler B Room: *There was a shoe in the handwashing sink and a pacifier next to the sink on the diaper changing area. Two A Room: The edges of the diaper changing station were chipped with exposed particle wood.”

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

“Findings: Based on the Compliance Officer and Compliance Officer Supervisor's observation, in the Two B room, there was a bag with soiled clothes placed in the cabinet below the diaper changing area next to the soiled clothing container.”

AAC R9-5-509.C.18. C. A licensee shall ensure that:18. A staff member: a. Prepares a weekly menu at least one week in advance, b. Includes on the menu the specific foods to be served on each day, c. Dates each menu, d. Posts each menu at least one day before the first meal on the menu will be served, and e. Writes food substitutions on a posted menu no later than the morning of the day of meal service;

“Findings: Based on facility documentation and the Compliance Officer and Compliance Officer Supervisor's observation, the menu lacked specific foods to be served. The menu stated "fruit salad" but did not indicate what specific foods were provided in the fruit salad.”

AAC R9-5-512.B. B. A licensee shall maintain facility premises and furnishings:1. In a clean condition, and 2. Free from odor.

“Findings: Based on the Compliance Officer and Compliance Officer Supervisor's observation, the following areas were not maintained in a clean condition: Two A Room: *The vent fan in the toilet room was covered in dust build up. Two B Room: *The vent fan was had dust build up along most edges. Preschool B Room: *The vent fan in the toilet room had dust build up along the edges.”

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

“Findings: Based on facility documentation and the Compliance Officer and Compliance Officer Supervisor's observation, the prescription number on the written authorization for Child #1 does not match the prescription number on the medication provided.”

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

“Findings: Based on the Compliance Officer and Compliance Officer Supervisor's observation, the following outdoor hazards were accessible to enrolled children: Preschool Playground: *There was a 6-inch horizonal opening at the base of the south fence Toddler Playground: *There was a pink toy bike with a 2.5-inch crack in the seat area.”

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

“Findings: Based on the Compliance Officer and Compliance Officer Supervisor's observation, the following outdoor activity areas did not maintain a minimum depth of 6" of resilient material: Preschool Playground: *3" of wood chips by the area of the climber with blue handle bars. *3" of wood chips by the blue pole and slanted green walkway with numbers and letters. Toddler Playground: *5" of wood chips by the area under the climber with stairs and green handles.”

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 and Compliance Officer Supervisor's observation, Staff #2 (DOE 5/12/2025) lacked a valid fingerprint clearance card at the time of employment. The fingerprint clearance card was issued on 5/13/2025.”

AAC R9-5-501.A.2. A. A licensee shall ensure that: 2. Except for an enrolled school-age child, drinking water is provided sufficient for the needs of and accessible to each enrolled child in both indoor and outdoor activity areas;

“Findings: Based on staff statement and the Compliance Officer and Compliance Officer Supervisor's observation, in the Toddler B classroom (1's-2's), water bottles were stored on the shelf by the handwashing sink inaccessible to enrolled children. Staff stated that the enrolled children ask for their water bottles when they are thirsty.”

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

“Findings: Based on facility documentation and Compliance Officer #1’s observation, the following medication forms were incomplete: Child #1: lacked the dosage and route of administration and times and frequency of administration. Child #2: lacked the reason for the medication. Child #3: lacked the times and frequency of administration.”

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

“Findings: Based on Compliance Officer #2’s observation, there were torn cushions exposing foam on the seats in the vehicle.”

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 observation, in the outdoor activity area, the following hazards were accessible to enrolled children; Splash Pad Playground: *The turf around the splash pad is torn, rippling with lifting, and detached areas exposing nails.”

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 Compliance Officer #1’s observation, in the Preschool A classroom, an enrolled child on a cot was in front of a designated exit that provided an escape from the building.”

AAC R9-5-502.A.8.b. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: b. Has a commercially waterproofed mattress; and

“Findings: Based on Compliance Officer #1’s observation, in the Infant B classroom, 2 crib mattresses had tears in the vinyl at the corners making the mattress not waterproofed.”

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

“Findings: Based on Compliance Officer #1’s observations, in Two A and Two B Classrooms, the surface of the diaper changing tables in the rooms had gaps along the edges making the tables not seamless and smooth.”

AAC R9-5-503.A.2. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:2. A hand-washing sink next to the diaper changing surface for staff use when changing diapers and for washing an enrolled child during or after diapering that provides: a. Running water between 86° F and 110° F, b. Soap from a dispenser, and c. Single-use paper hand towels from a dispenser;

“Findings: Based on Compliance Officer #1’s observation, in the Toddler 1 classroom, the temperature of the diaper changing sink was 118° F. rather than 86° F to 110° F. as required. In the Infant A classroom, the temperature of the diaper changing sink was 120° F. rather than 86° F to 110° F. as required.”

AAC R9-5-509.C.18. C. A licensee shall ensure that:18. A staff member: a. Prepares a weekly menu at least one week in advance, b. Includes on the menu the specific foods to be served on each day, c. Dates each menu, d. Posts each menu at least one day before the first meal on the menu will be served, and e. Writes food substitutions on a posted menu no later than the morning of the day of meal service;

“Findings: Based on facility documentation and Compliance Officer #2's observation, the posted menu documented tropical fruit, and trail mix but lacked the specific type of fruit and the components of the trail mix to be served to the enrolled children.”

AAC R9-5-512.B. B. A licensee shall maintain facility premises and furnishings:1. In a clean condition, and 2. Free from odor.

“Findings: Based on Compliance Officer #1’s observation, in Two A Classroom, there was a wooden 3-tiered shelf in the corner of the toilet room with 5 rolls of toilet paper, a roll of plastic bags, and a white step stool on top.”

AAC R9-5-512.C. C. A licensee shall ensure that floor coverings are:1. Clean; and 2. Free from: a. Dampness, b. Odors, and c. Hazards.

“Findings: Based on Compliance Officer #1's observation, in the KRB Classroom, the carpet had torn frayed edges and dark gray spots throughout.”

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

“Findings: Based on Compliance Officer #1's observation, the following toilet rooms were not maintained in a clean condition: EPS Classroom: *The toilet seat had a brown substance smeared on the lid. Toddler B Classroom: *There was a plastic little people toy floating in the toilet and 3 other little people and car toys scattered on the floor.”

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.

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that 1 out of 5 staff files reviewed lacked the required training documentation: Staff #1: An additional 4 hours of annual infant training for the time period of 01/18/2023-01/18/2024.”

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 Compliance Officer #2’s observation, it was determined that 5 out of 36 enrolled children's attendance forms lacked the following information: Child #4: A release signature and time for 06/03/2024. Child #5: A release signature for 06/03/2024-06/05/2024. Child #6 : An admission and release signature for 06/04/2024 and 06/05/2024. Child #7: An admission and release signature for 06/03/2024. Child #8: An admission signature for 06/03/2024 and 06/06/2024.”

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, in Two A and Two B's toilet rooms, the soap was on top of the paper towel dispenser rather than in the dispenser as required.”

AAC R9-5-307.2. A licensee shall ensure that the licensee or a staff member documents and reports all suspected or alleged cases of child abuse or neglect.2. The licensee or staff member shall report the suspected or alleged child abuse by a staff member to the Department and to a local law enforcement agency as prescribed in A.R.S. § 13-3620. A licensee or staff member shall also send documentation to the Department and to any law enforcement agency previously notified within three calendar days of the initial report, and maintain documentation of a child abuse report on facility premises for 12 months after the date of a report.

“Findings: Based on facility documentation, staff statements and Compliance Officers’ observations, it was determined that an alleged case of child abuse was not reported to the Department and local law enforcement, when a Staff member aggressively mishandled an enrolled child and placed them on their cot in an aggressive manner. Staff Stated: *I advised the Regional Director and we investigated the incident. *I left it up to the Regional Director to handle. *To my understanding the family contacted the Police.”

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.

“Findings: Based on the Compliance Officers' observations, 2 non-walking infant children were placed in the 1-year-old classroom.”

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

“Findings: Per allegation and based on a review of video footage, staff-written statements, staff statements, and Compliance Officers’ observations it was determined that the health, safety and welfare of an enrolled child was placed at risk of harm when a staff member aggressively mishandled the child and aggressively placed them on their cot causing the child to receive a cut under the eyelid and chin. A review of video footage shows a Staff member turning from the pony door at the bathroom, look at the child and quickly with intent walk over to the child, grabbing the child by one arm and aggressively and forcibly placing them on their cot. Staff Written Statements: *When I sat down, I noticed the open cut on the child’s right lower eyelid. I asked what happened and the child exclaimed My eye hurts, I asked what happened with your eye?, the child said the teacher hit me. *the child was flipping/flopping on bed and I went to them to pick them up/move them to sleep and told them to stop moving/flopping around. The child hit their head more than once on the top of the mat/cot. Staff Statements: *It was brought to our attention that a child had a face wound. *A staff heard the child whimpering, and went over during nap time and asked what happened. *It was significant, puffy, and cut for sure, so we needed to figure out what happened. *I needed to watch the video, myself and the Assistant Director did. *All I remember is that in the process of something the child was mishandled, the teacher was holding a spray bottle and aggressively mishandled and put them on the cot in an aggressive manner, It is hard to tell if the spray bottle hit or scratched the child’s face. *The staff grabbed the child and aggressively put them on the bed. *I reported to my regional director, we investigated and the staff member was put on leave and immediately terminated. *We gave the child an ice pack and then immediately watched the video.”

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 video footage, and Compliance Officers’ observations, it was determined that enrolled children were not supervised at all times when staff members in a classroom were not aware of what happened to cause a cut under the eye of an enrolled child. Staff Written Statement: *When I noticed the open cut under the child’s right eye, I asked them what happened. Video Footage: *One staff member can be seen getting cots and blankets ready for rest time, not supervising all children. *1 of the children in the classroom can be observed wandering the classroom, 2 children can be observed wrestling over a chair, and 2 children can be observed sitting on top of a low shelf.”

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;

“Findings: Per allegation and based on a review of video footage, staff-written statements, staff statements, and Compliance Officers' observations, it was determined that a method of discipline that could cause harm to the health, safety, and welfare of an enrolled child took place when a staff member walked across the classroom, grabbed a child and aggressively laid them down onto their cot. Video Footage: *A staff is observed walking with intent, grabbing a child, and aggressively laying them down on their cot. The child can be observed grabbing their face Staff Written Statements: *I saw Staff #1 grab a child by the arm and forcefully turn them around in line while yelling "Turn around and be respectful" *When I sat down, I noticed the open cut on the child's right lower eyelid. I asked what happened and the child exclaimed "My eye hurts", I asked "what happened with your eye?" the child said "The teacher hit me" *Staff #1 grabbed the child and aggressively put them on the bed Staff Statements: *The child was mishandled, the teacher was holding a spray bottle and aggressively mishandled and put them on the cot in an aggressive manner.”

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

“Findings: Based on Compliance Officer #1's observation, in Toddler A Classroom, there was a stack of books placed on the diaper changing surface.”