Phoenix Children's Academy Private Preschool #228

AAC R9-5-510.B.2. B. A licensee shall ensure that a staff member does not use or permit: 2. Any form of emotional abuse, including rejecting, extended ignoring, public or private humiliation;

“Findings: Per allegation and based on staff statements, children's statements, and the Compliance Officers' observations, it was determined that a Staff member permitted emotional abuse and public humiliation when encouraging enrolled children to chant loudly, "GET IN LINE, GET IN LINE," causing an enrolled child to sit on the ground shouting for them to stop. Staff Statements: "Staff said PKA class needs your help, kids are chanting line up, line up-a little one was on the ground. Another staff member walked in and asked the kids to stop shouting. The child said they didn't like it." "The next day, a Parent told me that their child was asked by a staff member to chant, line up at the other child." Child Statements: "(Staff Name) said everyone needs to tell the child to get up and come. (Staff Name) said to say it until I say stop. Another staff member came in and told us to stop. (Child Name) was yelling "STOP". "(Staff Name) will tell us to ignore (Child Name)." "Everybody told (Child Name) to line up-(Staff Name) said to everyone to tell (Child Name) to line up. (Staff Name) came in and said, "Could you stop?" (Child Name) said "Stop" loudly and sat on the floor. "(Staff Name) tells everyone to yell, 'GO IN LINE, ' and I cover my ears because it is loud. They are screaming so loud, and (Child name) yells because they do not like it. I don't do it anymore because I don't want them to be mad at me.”

AAC R9-5-510.B.8. B. A licensee shall ensure that a staff member does not use or permit: 8. Directing an enrolled child to punish another enrolled child.

“Findings: Per allegation and based on staff statements, children's statements, and the Compliance Officers' observations, it was determined that a Staff member was directing enrolled children to punish another enrolled child. Staff Statements: "Staff said PKA class needs your help, kids are chanting line up, line up-a little one was on the ground. Another staff member walked in and asked the kids to stop shouting. (Child Name) said they didn't like it." "The next day, a Parent told me that their child was asked by a staff member to chant, line up at the other child." Child Statements: "When I tell (Staff Name) that a child hit me, they tell me to go hit them back." "(Staff Name) told me to throw wood chips back at (Child Name) when I told them (Child Name) threw wood chips at me." "(Staff Name) told me to go hit (Child Name), and then I could go play" "(Staff Name) said everyone needs to tell (Child Name) to get up and come. (Staff Name) said to say it until I say stop. Another staff member came in and told us to stop. (Child Name) was yelling "STOP". "The teacher will tell us to ignore (Child Name)." "Everybody told (Child Name) to line up-(Staff Name) said to everyone to tell (Child Name) to line up. Another staff member came in and said, "Could you stop?" (Child Name) said "Stop" loudly and sat on the floor. "(Staff Name) tells everyone to yell, 'GO IN LINE, ' and I cover my ears because it is loud. They are screaming so loud, and (Child Name) yells because they do not like it. I don't do it anymore because I don't want them to be mad at me.”

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 incident documentation, Staff written and verbal statements, and the Compliance Officers' observation, the health, safety, and welfare of enrolled children were placed at risk of harm when 2 enrolled 2-year-old children left the playground through the South Gate of the Toddler Playground and entered the parking lot where the facilities buses park. Incident Documentation: "Appears staff heard the gate and assessed at 3:45:43pm, Office Right Camera shows children running up to the front at 3:45:57, and Staff member retrieved children at 3:46:03." Staff Written Statements: "2 Children opened the gate on the playground that leads to the sidewalk next to the parking lot." "When the parent notified us of the children outside, I went and checked right away." "That's when we realized they managed to open the back gate on the playground and went around to the front parking lot." "The kids were brought back within a few minutes." Staff Statements: "2 kids got out of the gate from the playground that leads to the parking lot." "When updating the roster, 2 children pushed the gate open and left the playground." "A parent grabbed them and brought them to a staff member." "I was in the office, and a parent brought the children to me." "Staff called the office when they got back to the classroom and realized the children were not there." "Parent said, "There are some kids out here." "Staff called and told me 2 children had just left the gate from the playground."”

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 incident documentation, Staff written and verbal statements, and the Compliance Officers' observation, the ratio in the facility parking lot was 0:2 instead of 1:2 as required when 2, 2-year-old children left the playground area and walked to the facility parking lot. Incident Documentation: ”Office Right Camera shows children running up to the front at 3:45:57, and Staff member retrieved children at 3:46:03.” Staff Written Statements: ”The kids were brought back within minutes” ”When the parent notified us of the children outside, I went and checked right away” Staff Statements: ”A parent grabbed them and brought them back to a staff member” ”I was in the office, and a parent brought the children to me” ”Parent said, There are some kids out here” ”Staff called the office when they got back to the classroom and realized the children were not there.””

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 Officers' observations, the following classrooms' diaper changing surfaces were not maintained free of items: Todd A Classroom: There was a pink plastic basket next to the sink. There was a package of diapers next to the sink. There was a package of wipes on the back side of the diaper changing surface. Two A Classroom: There was a plastic plant and a pot next to the sink. There was a paper art project on the edge of the diaper changing surface. Two B Classroom: There was a gray plastic basket with diapers and wipes next to the sink. There was a package of wipes and a paper towel roll on the back side of the diaper changing surface.”

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

“Findings: Per allegation and based on incident documentation, Staff written and verbal statements, and the Compliance Officers' observations, 2 children were alone and unsupervised when they opened the South Gate of the Toddler Playground and entered the parking lot where the facilities buses park. Incident Documentation: "Appears staff heard the gate and assessed at 3:45:43pm, Office Right Camera shows children running up to the front at 3:45:57, and Staff member retrieved children at 3:46:03." Staff Written Statements: "When the parent notified us of the children outside, I went and checked right away." "That's when we realized they managed to open the back gate on the playground and went around to the front parking lot." "The kids were brought back within a few minutes." Staff Statements: "A parent grabbed them and brought them to a staff member." "I was in the office, and a parent brought the children to me." "Staff called the office when they got back to the classroom and realized the children were not there." "Parent said, "There are some kids out here." "Staff called and told me 2 children had just left the gate from the playground."”

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 Officers' observations, the following hazards were accessible to an enrolled child when they were sent into the Preschool B Toilet room to use the toilet. Preschool B Toilet Room: *There was a furniture cardboard box leaning up against the side of the toilet divider wall. *There were 4 large plastic totes filled with items stacked on one another, diagonally from the toilet. *There was a large black trash bag underneath the sink. *There were 3 plastic baskets with toys under the sink. *There was a large cloth bin filled with toys under the sink.”

AAC R9-5-515.C. C. A licensee shall ensure that a staff member who has signs of illness or infestation is excluded from a facility.

“Findings: Per allegation and based on Staff Statements and the Compliance Officers' observations, it was determined that staff members showing signs of illness were not excluded from the facility. Staff Statements: "We don't have staff to cover." "Staff may stay awhile, but they try." "If not one to cover, then we stay." "I have observed staff having to stay for their shift while they are sick." "I was told to come in once when I called out at 4 am." "I have worked an entire shift when I was sick." "Another staff member tried to call out and was told to come in."”

AAC R9-5-510.B.3. B. A licensee shall ensure that a staff member does not use or permit: 3. Abusive, profane, sarcastic language, verbal abuse, threats, or derogatory remarks about the child or child’s family;

“Findings: Per allegation and based on Staff statements and the Compliance Officers' observations, it was determined that staff were using aggressive tones with one another while enrolled children were present. Staff Statements: "Last week I overheard staff in the hallway with raised voices and an aggressive tone." "Staff were yelling at one another over being told what to do." "Don't tell me what to DO!" was aggressively said by the staff." "Staff entered the classroom to confront another staff." "The staff was demanding, raising their voice, and it was inappropriate."”

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 child educator to supervise each staff member who does not meet the qualifications of R9-5-401(3); 3. Prepares a dated attendance record for each day and ensures that each staff member documents on the attendance record the time of each arrival and departure of the staff member; and 4. Maintains on the facility premises, the dated attendance record required in subsection (B)(3) for 12 months after the date on the attendance record.

“Findings: Based on facility documentation and the Compliance Officers' observation, it was determined that Staff #1 (DOE-08/20/2025) was acting as the Child Educator in the 1's classroom at the time of the inspection. Staff #1 was not qualified as a Child Educator and was not supervised by a qualified staff member”

AAC R9-5-508.G. G. In addition to the required daily servings of food stated in subsection (C), a licensee: 1. Shall make second servings of food available to each enrolled child at meals and at snack time, 2. May substitute a food that is equivalent to a specific food component if second servings of the specific food component are not available, and 3. Shall ensure that a food substitution in subsection (G)(2) is written on the posted weekly menu by the end of the meal or snack service.

“Findings: Based on facility documentation and the Compliance Officers' observation, it was determined that the facility failed to ensure that food substitutions were written on the posted menu.”

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 child educator 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 if working with enrolled children five years old and younger, or three months of child care experience if working with school-aged children; and: i. A high school diploma or high school equivalency diploma; or ii. At least 12 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; b. Associate or bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field; or c. N.A.C., C.D.A., or C.C.P. credential;

“Findings: Based on facility documentation and the Compliance Officers’ observation, it was determined that Staff #1(DOE-08/20/2025) was acting as the Child Educator in the 1's classroom. Staff #1 was not qualified as a Child Educator because the staff file lacked documentation of 3 of the 6 months of child care experience required.”

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 Officers' observation, the following medication forms lacked: Child #1: The type/name of the medication, the dosage, the end date and times, and frequency for medication #1. The prescription number, start and end dates, times, and frequency for medication #2. Child #2: The type/name of the medication, the dosage, route, start and end times, frequency of medication, and reason for 1 medication.”

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 a review of facility documentation and the Compliance Officers' observations, the rosters in the following classrooms were not updated: *In the Four B classroom (4's-9's), there were 16 children present, but only 14 children on the roster. *In the Two's classroom (2's), there were 15 children present, but only 16 children on the roster.”

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: Based on the Compliance Officers' observations, on the Playground, there was pooling water that was 3" deep under the splash pad that reached the children's ankles. There was a child with their face submerged in the pooling water, blowing bubbles in the water. There was another child observed laying down in the water.”

AAC R9-5-303.B. B. A licensee shall ensure that the licensed capacity of each indoor activity area or room is posted in that activity area or room.

“Findings: Based on facility documentation and the Compliance Officers' observations, the MPR and Classroom 108 lacked a posted capacity.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 2 out of 20 enrolled children's Emergency, Information, and Immunization Record cards reviewed lacked the following required information: Child #4: The name and contact telephone number of the child's health care provider. Child #7: The name of the individual to be contacted in case of injury or sudden illness of the child.”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the file for Child #8 lacked a written immunization record.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 6 out of 20 enrolled children's attendance forms lacked the following information: Child #1: lacked an admission and release signature (initials only) on 6/2-6/5/2025 and 6/9-6/12/2025. Child #2: lacked an admission time and signature on 6/2/25, 6/4/25, 6/6/25, and 6/11/25. Child #3: lacked an admission and release signature (squiggle only) on 6/2/25-6/6/25 and 6/9/25-6/12/25. Child #4: lacked an admission and release signature (initials only) on 6/2/25-6/6/25 and 6/9/25-6/12/25. Child #5: lacked an admission and release signature (initials only) on 6/2/25, 6/6/25, 6/9/25, and 6/11/25. Child #6: lacked an admission and release signature on 6/4/25, 6/5/25, and 6/6/25.”

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 Classroom 116 did not reflect the number of children present (9 children present, 10 children listed on the roster).”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the Licensee lacked documentation of a violation-free fire inspection report as required.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that Staff #1 (DOE-5/28/25) was a teacher-caregiver in the School-Age classroom. Staff #1 was not qualified as a teacher-caregiver because the staff file lacked documentation of a high school diploma or high school equivalency diploma.”

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.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the file for Staff #1 (DOE-5/28/25), Staff #2 (DOE-5/27/25), and Staff #4 (DOE-4/10/23) lacked documentation for the 10-day training for new staff members.”

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 the Compliance Officer’s observation, it was determined that 2 out of 9 staff files reviewed lacked the required training documentation: Staff #3 (DOE-2/14/22) infant teacher, lacked 6 of 6 hours of infant training for the time period 2/14/2024-2/14/2025. Staff #4 (DOE-4/10/23): lacked 8 of 18 hours of annual training for the time period 04/10/24-04/10/2025.”

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 Officer’s observation, a one-year-old and walking child was placed in the Infant room with a group of infants. The facility wanted to wait until the child's transition time was completed before moving them to the 1s 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: Based on facility documentation and the Compliance Officers' observations, in the Infant A Classroom, the health, safety, and welfare of an Infant was placed at risk of harm when Staff #3 used a burp cloth to prop a pacifier in an infant's mouth.”

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 observations, the following hazards were accessible to enrolled children: Classroom 112 *The southeast wall outlet was cracked and lacked a 1/4 inch piece, causing a sharp edge. *The southwest wall outlet was lacking an outlet cover, exposing the drywall and electrical components. Classroom 116 and Classroom 115 *The trash can lid was cracked and lacked pieces, causing sharp edges.”

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;

“Findings: Based on the Compliance Officer’s observation, Classrooms 110 and 116 had a plunger next to the toilet accessible to enrolled children.”

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;

“Findings: Based on facility documentation and the Compliance Officer’s observation, the MPR and Classroom 115 lacked a current schedule of children's age-appropriate activities.”

AAC R9-5-501.C.9. C. 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 observation, in Classroom 110, there was 1 wipe that lacked the enrolled child's first and last name. In Classroom 111, there were 3 wipes that lacked the enrolled child's first and last names.”

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;

“Findings: Based on the Compliance Officer's observations, in Infant B Classroom, Child #10, Child #11, Child #12, and Child #13 lacked a feeding plan, and Child #14 and Child #15 lacked the amounts of food and the times the food should be fed to the infant.”

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 observation, in the following classrooms, the surface of the diaper changing table was not maintained clear of items: Infant A: *There was a paper towel roll on the diaper changing area next to the sink. Infant B *There was a paper towel roll and a plastic PVC pipe on the diaper changing area. Classroom 111 *There was a paper towel roll on the diaper changing surface and purple paint in the sink. Classroom 109 *There were 2 plastic containers labeled "bubbles", a paper towel roll, and a black mini fan on the diaper changing surface.”

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, Infant A, Infant B, Classroom 110, Classroom 111, and Classroom 108's diaper changing areas lacked mounted paper towels.”

AAC R9-5-503.A.3. 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

“Findings: Based on the Compliance Officer’s observation, in Classroom 111, the soiled diaper container lacked a tight-fitting lid.”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, the menu lacked a date.”

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

“Findings: Based on the Compliance Officer’s observation, the following areas were not maintained in a clean condition: Classroom 108 and Classroom 112: *There was a build-up of grey, fuzzy substance on the vent and the tiles surrounding the vent. Classroom 116 *The pillows in the cozy area had several dark grey and light grey stains built up.”

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

“Findings: Based on the Compliance Officer’s observation, the following floor coverings were not maintained clean or free from hazards: Classroom 108 *The vinyl mat on the floor had a build-up of grey residue throughout. Classroom 116 *There were large areas of dark grey and white stains on the carpet throughout. Classroom 120 *There was a 4-inch area of dark, black, slimy fuzz on the tile under the sink. Classroom110 *There was a tile missing next to the toilet area.”

AAC R9-5-512.F. F. A licensee shall ensure that:1. Each toilet room in a facility contains, within easy reach of enrolled children: a. Mounted toilet tissue; and b. Except as provided in subsection (G): i. A sink with running water; ii. Soap contained in a dispenser; and iii. Disposable, single-use paper towels in a mounted dispenser, or a mechanical air hand dryer; 2. Staff members wash their hands with soap and running water after toileting; 3. An enrolled child’s hands are washed with soap and running water after toileting; 4. Except for a cup or receptacle used only for water, food waste is stored in a covered container and the container is clean and lined with a plastic bag; 5. Food waste and other refuse is removed from the facility building at least once every 24 hours or more often as necessary to maintain a clean condition and avoid odors; 6. A staff member or an enrolled child does not draw water for human consumption from a toilet room handwashing sink; 7. Toys, materials, and equipment are maintained in a clean condition; 8. Plumbing fixtures are maintained in a clean and working condition; and 9. Chipped or cracked sinks and toilets are replaced or repaired.

“Findings: Based on the Compliance Officer’s observation, in Classroom 119's toilet room, the sink faucet was not in working condition. In Classroom 116's boys' toilet room, the toilet was covered with a trash bag and was not in working condition.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, the following medication forms were lacking: Child #5: Reason for administration of the medication. Child #9: Dates of administration, prescription number, and times and frequency of the medication.”

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

“Findings: Based on the Compliance Officer’s observation, in the white bus CG26833, there was a 7-inch tear in the back row vinyl seating and a 3x4-inch tear in the back of the vinyl seating.”

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

“Findings: Based on the Compliance Officer’s observation, in the outdoor activity area, the following hazards were accessible to enrolled children: School Age Playground: *There was 1 yellow scooter missing a black handle. *There was 1 red hoop broken in half. *There was a pink Little Tikes car missing a steering wheel. *There was a 2-inch hole in the south stucco wall. *There was a shelf that had peeling lacquer with rough wood. *There were 2 yellow trikes missing a seat. *There was a wheel with pedals missing from a trike. *There was a blue metal basketball hoop that had rough rusted poles. Toddler Playground *There was a red Little Tikes car missing a steering wheel. *There was a table that had rough, splintery wood. Splash Pad *The drain for the splash pad did not work properly, allowing the water to pool to roughly 1.5 inches and not drain. *There were 2 little trikes that had a build-up of dark gray, greasy stains.”

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 Classroom 119, a classroom table and chairs were in front of a designated exit that provides escape from the building. In Classroom 110, the dramatic play table was in front of a designated exit that provides escape from the building.”

AAC R9-5-605.B.16. B. A licensee shall ensure that:16. The fire extinguisher required in subsection (A): a. Is serviced at least once every 12 months; and b. Has a tag attached to the fire extinguisher that specifies the date of the last servicing and the identification of the person who serviced the fire extinguisher; and

“Findings: Based on facility documentation and the Compliance Officer’s observation, in the white bus CG26833, the fire extinguisher arrow was indicating toward recharge.”

AAC R9-5-518.A.2. A. A licensee providing a field trip for an enrolled child shall:2. Prepare a written field trip plan including: a. The name of each participating enrolled child, staff member, and other individuals on the field trip; b. The times of departure from and return to the facility; c. If applicable, license plate number of any motor vehicle used on the field trip; and d. The name, street address, and telephone number, if any, of the field trip destination; and

“Findings: Based on facility documentation and the Compliance Officer's observation, the field trip forms to the Harkins on 6/3/25, Hamilton Aquatic Center on 6/5/25, and the Movie at Chandler Fashion Mall on 6/10/25 were missing the return time, license plate number, and the street address and telephone number of the destination.”

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 staff statements, and the Compliance Officers' observations, children are placed at risk of harm due to children showing aggressive behavior in the classrooms towards other children. Staff stated: *Children are seen scratching, biting, kicking, and throwing blocks at other children. *Staff stated that they have a couple of aggressive children who use bad words, hit, kick, scratch, and bite other children. *"One of my kids who bit left a red mark." *"Really aggressive kids hitting, kicking, and scratching." *"There's a kid who scratches at least two times a day." *"A kid left the facility due to another kid hitting the top of their head with a block, causing it to swell." *"A couple of bullies, I need help. It goes on daily with kung-fu. The kid kicks and punches a lot."”

AAC R9-5-515.B. B. If an enrolled child exhibits signs of illness or infestation at a facility, a licensee shall ensure that a staff member:1. Immediately separates the enrolled child from other enrolled children, 2. Immediately notifies the enrolled child’s parent by telephone or other expeditious means to arrange for the enrolled child’s removal from the facility, and 3. Maintains documentation of the notification on facility premises for 12 months after the date of the notification.

“Findings: Per allegation, based on facility documentation, staff interviews, and the Compliance Officers' observations, sick children are not immediately separated from other enrolled children, the enrolled child's parents are not immediately notified to arrange for the child to go home, and documentation of the notification is not maintained on facility premises for at least 12 months. Staff stated: *"Sick children are at the facility all day, and the parents aren't notified right away to pick the children up." *"Twice diarrhea, stayed all day more than a week ago. Acting ill, crying, and lethargic." *"I don't know what we do. The child was crying, very down, and whiny. Called up front. Busted lip got an ice pack and checked temperature. The child didn't feel well. They didn't eat and looked out of it. No call home." *"Throwing up and fever. Took the kid's temperature, alerted the parent on Camboo. Yes, the kid stayed the whole day."”

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: Per allegation and based on the Compliance Officers' observations, there was a ratio of 3:19 in the Pre-K A classroom, with one-year-olds present for more than 5 minutes.”

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

“Findings: Based on facility documentation and the Compliance Officers' observations, Staff #1's (DOE-2/4/25 ) file lacked a front and back copy of the staff member's valid fingerprint clearance card.”

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;

“Findings: Based on staff interviews and the Compliance Officers' observations, the current disciplinary policies do not define and maintain consistent and reasonable guidelines for an enrolled child's behavior. Staff stated: *"A couple of bullies, long talk with parent(s). Picks on a specific child. The child is now starting to fight back." *"Not addressing it with other kids' parent(s)." *"Kids get aggressive. They know I will talk to their parent(s)." *Children have had blocks thrown at their heads, resulting in injuries. Such as: bumps and scratches. *"Incidents get written up." *"The focus of management is on other things."”

AAC R9-5-515.A. A. A licensee shall not permit an enrolled child to remain at the facility if a staff member determines that the enrolled child shows signs of illness or infestation.

“Findings: Based on facility documentation and staff interviews, enrolled children remain at the facility all day when they show signs of illness. Several staff stated that management does not contact children's parents to come pick up the child when they are sick. Staff stated: *"It takes 2-3 hours for parents to come." *"Twice diarrhea, stayed all day. The child was acting lethargic and crying." *"The child didn't feel well. The child didn't eat and stayed here all day. There was no call home." *"We will call and remind management about a sick child. I don't think they make the call."”

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; Outdoor Area #2: *There were planter boxes with a build-up of bird feces. Outdoor Area #3: *The splash pad has large 1-inch wide cracks throughout, 1 the length of the pad, and 2 the width of the pad exposing cement. *There is a blue square on the splash pad that has 1-inch cracks around the splash pad rubberized surfacing, exposing cement.”

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 Room 111, there were 5 plastic bags with extra clothes, 3 clear bottles, 1 labeled bleach, 1 labeled soapy water, 1 labeled diaper table only, and a cell phone on the diaper changing surface. In Room 110, there were 3 clear bottles, 1 labeled bleach, 1 labeled soapy water, and 1 labeled diaper table only on the diaper changing surface. In Infant B, there were 3 clear bottles, 1 labeled bleach, 1 labeled soapy water, and 1 labeled diaper table only, a sound machine, a can of Febreze, and a clear bottle labeled Palmolive on the diaper surface.”

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 4 out of 20 enrolled children's attendance forms lacked the following information: Child #1 & Child #2: Not signed in and out with a complete signature during the month of June 2024. Child #3: Release time and signature on 6/5/2024. Child #4: A complete arrival signature for June 7, 10, 11, 13, & 18, 2024.”

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

“Findings: Based on staff statements and Compliance Officer #1's observation, in Room 110, the soiled diaper container was accessible to enrolled children, and there was a trash can in the toilet room that contained dirty pull-ups. Staff stated: "I change the potty trainers in the toilet room".”

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: Based on facility documentation, staff statement, and Compliance Officer #2’s observation, the staffing report was not current. Staff stated the report had not been updated since April 27, 2023.”

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 Officers' observations, it was determined that the roster in Room 118 did not reflect the number of children present (16 children present, 19 children listed on the roster). The roster in Room 111 did not reflect the number of children present (5 children present, 4 children listed on the roster.)”

AAC R9-5-516.G. G. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that the medication prescription for child #3 was expired and not returned to a parent or disposed of. (Expiration date: 04/17/2024).”

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.

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that 4 out of 20 enrolled children's Emergency, Information, and Immunization Record cards reviewed lacked the following required information: Child #5: Date of enrollment and the health care provider’s name and phone number. Child #6: The second parent's name, address, and phone number. Child #7: The health care provider’s name and phone number. Child #8: Medical information.”

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

“Findings: Based on facility documentation, Compliance Officer #2’s observation and staff statement, it was determined that Staff #1 & Staff #2 lacked documentation of arrival and departure times for 2024. Staff #4 was acting as a teacher-caregiver in PreK B. Staff stated Staff #5 works alone with children. Staff #4 & Staff #5 were not qualified as teacher-caregivers and were not supervised by a qualified staff member.”

AAC R9-5-502.A.8.a. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: a. Has bars or openings spaced no more than 2-3/8 inches apart and a crib mattress measured to fit not more than 1/2 inch from the crib side;

“Findings: Based on the Compliance Officers' observations, in Infant B classroom, 4 enrolled infants were placed on cots to sleep and not in a crib as required.”

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

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that Staff # 4 and Staff #5 were acting as teacher-caregivers. Staff #4 was not qualified as a teacher-caregiver because the staff file lacked documentation of a high school diploma or high school equivalency diploma and 6 months experience. Staff #5 was not qualified as a teacher-caregiver because the staff file lacked documentation of a high school diploma or high school equivalency diploma.”

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: Room 112: *There was a yellow substance in the boy's toilet. *There was a yellow and orange build-up at the base of the toilet. Room 120: *There was a yellow substance in the boy's toilet. *There was a yellow and orange build-up at the base of the toilet.”

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 Compliance Officer #2’s observation, it was determined that the Fingerprint Clearance Card for Staff #3 (DOE-12/27/2021) expired on 05/07/2024. The Fingerprint Card Application was received by DPS on 05/28/2024, and was issued on 05/30/2024. Staff #3 lacked a valid fingerprint clearance card from 05/07/2024-05/30/2024.”

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 Compliance Officer #1’s observation, the following hazards were accessible to enrolled children: Room 119: *The play kitchen had 2 cracks at the back where the top connected to the base that was cracked with sharp and splintery wood exposed. Room 116: *There was a large area (8 inches by 6 inches) by the cots that had exposed chipped drywall. Room 118: *There was exposed raw wood on the back of the futon and an 8-inch by 8-inch tear in the leather seat of the futon exposing foam. Room 112: *There was exposed drywall indented with a 4-inch hole in the wall near the blocks. *The sink between the toilet rooms was loose and detaching from the wall.”

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

“Findings: Based on the Compliance Officers' observations, upon arrival to the facility, CO #2 observed a child in the hallway alone and unsupervised. The staff from the PreK A room was standing in the hallway alcove located outside of the class room, watching the child, and their back was turned away from the 14 children in the room. When CO #2 was walking down the hall, there were 2 children alone and unsupervised in the hallway. CO #2 observed 2 school-age children enter the front office area alone and unsupervised. CO #1 observed a school-age child leave the playground and enter the classroom alone and unsupervised.”

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 #2’s observation, Child #9 lacked a medication form for a non-prescription medication.”

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;

“Findings: Based on facility documentation and Compliance Officer #1’s observation, it was determined that Rooms 109, 110, 111, 112, and 119 lacked documentation of a lesson plan. The lesson plans were dated Room 109 (dated 5/28-5/31/2024), Room 110(dated 06/03-06/07/2024), Room 111(dated 06/10-06/14/2024), Room 112(dated 06/03-06/07/2024), and Room 119 (dated 06/10-06/14/2024) ***Previously cited 07/07/2023”

AAC R9-5-501.C.9. C. 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 Compliance Officer #1's observation, Room 111, 3 diaper creams lacked the enrolled child's first and last name. In Room 110, 4 diaper creams lacked the enrolled child's last name. In Room 108, 1 container of chest rub lacked the enrolled child's first and last name.”

AAC R9-5-502.A.5.d. A. A licensee providing child care services for infants shall:5. Develop, document, and implement tummy time policies and procedures that: d. Ensure, as an infant demonstrates ability and strength to control physical movement and greater sensory perception and social interaction, an assigned staff member provide a tummy-time period to: i. A 2 - 3 month old infant of no more than 15 minutes; ii. A 3 - 4 month old infant of no more than 20 minutes; and iii. A 5 - 6 month old infant of 20 minutes; and

“Findings: Based on facility documentation, staff statement, and Compliance Officer #1's observation, in the Infant room there was no documentation of infant tummy time. Staff stated: "We do not document tummy time".”

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, Rooms 118, 119, 116, and 112 toilet rooms had 3-4 tiles in each room that were missing 1-inch pieces from the tile at the floor behind the toilets making the floor no longer sanitizable.”

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 fruit cup and tropical fruit, and lacked the specific type of fruit to be served to the enrolled children.”