Pima Country Day School

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

“Per allegation findings: Based on facility documentation and staff statements, the health, safety, and welfare of Child #1 was placed at risk of harm while Child #1 entered the bathroom unsupervised, sat on the sink leading it to detach from the wall and shatter on the ground. Upon the incident, Child #1 was injured and required medical attention.”

AAC R9-5-514. G.1. G. If while attending a facility an enrolled child has an accident, injury, or emergency that, based on an evaluation by a staff member, requires medical treatment by a health care provider, a licensee shall ensure that a staff member: 1. Notifies the enrolled child's parent and the Department immediately after the accident, serious physical injury, as defined in A.R.S. § 8-201, or emergency;

“Findings: Based on the Compliance Officers' observations, the review of facility documentation and staff statements, it was determined that the facility failed to notify the Department after Child #1 had an accident that required medical attention.”

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

“Findings: While inspecting the Pre-K playground area Compliance Officer 1 observed a metal stake that was not flush with the ground, and was sticking up 1.5". The stake was part of a wooden barrier intended to keep sand relegated to a specific area of the playground.”

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: Compliance Officer 1 noted that the caulk seams were cracked in the following classroom diaper changing areas: -Ones -Threes”

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: Compliance Officer 1 observed the following personal items that were not labeled with a full name (first/last): -A tube of diaper ointment -A tube of Neutrogena child sunscreen”

AAC R9-5-509.C.14. C. A licensee shall ensure that: 14. The food served to an enrolled child is consistent with a modified diet prescribed for the child by the child’s parent or health care provider;

“Findings: Based on review of Emergency, Information and Immunization Record (EIIR) cards, as well as activity area postings, the Compliance Officers noted that Child 1's modified diet was not posted as required.”

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

“Findings: During the inspection Compliance Officer 1 noted that building evacuation maps were not posted near the designated (posted Exit sign above door) exits leading from the following Classrooms: -Exit door to interior hallway in Infants -Exit door to interior hallway in Ones -Exit door to interior hallway in Twos -Exit door to playground in School Age”

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

“Based on review of staff files the Compliance Officers noted that Staff 1's file did not contain documentation of a high school diploma or equivalency, nor was there documentation of enrollment in classes. Staff 1 worked as an Assistant Teacher-Caregiver.”

AAC R9-5-510.A.2. A. A licensee shall ensure that a staff member: 2. Teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior;

“THE FOLLOWING WAS SUBSTANTIATED: Based on video evidence, as well as staff interviews, the Compliance Officers determined that Staff 1 did not teach, model, and encourage age appropriate behavior when they instructed Child 1 to punch Child 2 in retaliation for something that had happened earlier. Additionally, Staff 2 and Staff 3 witnessed the incident from close proximity, but they did not intercede to stop it from happening.”

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

“THE FOLLOWING WAS SUBSTANTIATED: Based on video evidence and staff interviews it was determined that Child 2 was placed at risk of harm when they were punched at least two times by Child 1 on the playground. At approximately 10:30 AM on February 25, 2025, Staff 1 told Child 1, who is their own child, to punch Child 2 in retaliation for something that Child 2 had done earlier that morning. At that time, Child 1 ran over to where Child 2 was sitting, waited for the child to get up, then punched Child 2, knocking the child to the ground. While Child 2 was on the ground, Child 1 threw two more punches, the second of which hit Child 2 in the head. Staff 1 stood nearly motionless while watching the incident from a few feet away, and Staff 2 and Staff 3 were also positioned within a few feet of the incident, but did not intervene, nor did any of the three staff check on Child 2 afterwards.”

AAC R9-5-512.A. A. A licensee shall maintain facility premises free of insects and vermin.

“Senior Compliance Officer observed two cockroach traps (sticky pads), underneath the sink in the three year old classroom. There were visible droppings and several dead roaches on both of the pads, and were accessible to the enrolled children.”

AAC R9-5-503.F.2. F. A licensee shall ensure that in an activity area with a diaper changing area:2. A staff member: a. Documents each diaper change: i. For an infant, in the infant’s dated, daily, documentation required in R9-5-502(C)(1)(d); or ii. For an enrolled child who is not an infant, in a dated diaper changing log; b. Maintains the diaper changing log on facility premises for 12 months after the date of the diaper changing log; c. Empties clothing soiled with feces into a flush toilet without rinsing; d. Places an enrolled child’s clothing soiled by feces or urine in a plastic bag labeled with the enrolled child’s name, stores the clothing in a container used for this purpose, and sends the clothing home with the enrolled child’s parent; and e. Removes disposable diapers and disposable training pants from a diaper changing area as needed or at least twice every 24 hours to a waste receptacle outside the facility building.

“Senior Compliance Officer observed three bags of soiled clothing in the three year old classroom sitting on top of the soiled clothes container; not in the container.”

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.

“Senior Compliance Officer used a Department approved tool to measure the resilient surface on the toddler playground. There was 1" of resilient surface at the base, and within the fall zones of the three slides. Previously cited on 10/30/23.”

AAC R9-5-517.B.3. B. A licensee shall ensure that an individual who drives a motor vehicle used to transport an enrolled child:3. Carries a list stating the name of each enrolled child being transported and a copy of each enrolled child’s Emergency, Information, and Immunization Record card including the attached immunization record or exemption affidavit, in the motor vehicle;

“Compliance Officer observed that the children's emergency records located in the vehicle used to transport the enrolled children did not have a copy of the backside of the emergency records.”

AAC R9-5-517.A.9. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:9. Ensure that the motor vehicle has: a. A working mechanical heating system capable of maintaining a temperature throughout the motor vehicle of at least 60° F when outside air temperatures are below 60° F; b. Except as provided in subsection (E), a working air-conditioning system capable of maintaining a temperature throughout the motor vehicle at or below 86° F when outside air temperatures are above 86° F; c. Except as provided in subsection (F), a first aid kit that meets the requirements of R9-5-514(A); d. Two large, clean towels or blankets; and e. Sufficient drinking water available to meet the needs of each enrolled child in the motor vehicle and sufficient cups or other drinking receptacles so that each enrolled child can drink from a different cup or receptacle;

“Senior Compliance Officer observed two gallons of water on the vehicle used to transport the enrolled children, but there were no cups available.”

AAC R9-5-503.F.2. F. A licensee shall ensure that in an activity area with a diaper changing area:2. A staff member: a. Documents each diaper change: i. For an infant, in the infant’s dated, daily, documentation required in R9-5-502(C)(1)(d); or ii. For an enrolled child who is not an infant, in a dated diaper changing log; b. Maintains the diaper changing log on facility premises for 12 months after the date of the diaper changing log; c. Empties clothing soiled with feces into a flush toilet without rinsing; d. Places an enrolled child’s clothing soiled by feces or urine in a plastic bag labeled with the enrolled child’s name, stores the clothing in a container used for this purpose, and sends the clothing home with the enrolled child’s parent; and e. Removes disposable diapers and disposable training pants from a diaper changing area as needed or at least twice every 24 hours to a waste receptacle outside the facility building.

“Senior Compliance Officer observed that the diaper changing log in three year old classroom was not being maintained. The staff stated that they have diapered children, but as of 3:00 pm on the day of the inspection, the log did not have any documented diaper changes.”

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

“Senior Compliance Officer observed a thick layer of dust on the fan in the one year old classroom.”

AAC R9-5-509.C.14. C. A licensee shall ensure that:14. Each staff member is informed of a modified diet prescribed for an enrolled child by the child’s parent or health care provider, and the modified diet is posted in the kitchen and in the child’s activity area;

“Compliance Officer observed that the modified diet for Child 7 was not posted in the kitchen or child's activity area.”

AAC R9-5-517.A.1. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:1. Obtain dated, written permission from the enrolled child’s parent before the licensee transports the enrolled child;

“Compliance Officer observed that the facility did not have permission to transport three children.”

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.

“Compliance Officer observed that the immunization records for Child 1 & 2 were not current. Their records indicated that immunization(s) were past due.”

AAC R9-5-309.B. B. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a licensee shall ensure that a licensed plumber or individual authorized by the local jurisdiction conducts a gas inspection that verifies there are no gas leaks in the gas pipes that run from the gas meter to any appliance or location on facility premises at least once every 12 months after the issue date of the license.

“Compliance Officer observed that the last gas inspection was completed on 4/13/23. Please send a current copy upon receipt.”

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;

“Senior Compliance Officer observed a gallon of Clorox under the sink in the 3 y/o classroom. The container was labeled as flammable, and was accessible to the enrolled children.”

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;

“Senior Compliance Officer observed two cans of sunscreen in the three year old classroom labeled with facility initials. The facility does not have written permission to apply the specific brand of sunscreen on the enrolled children.”

AAC R9-5-502.C.1.d. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: d. Keeps dated, daily, documentation of each infant including: i. A description of any activities the infant participated in, ii. The infant’s food consumption, iii. Diaper changes, and iv. Tummy time;

“Senior Compliance Officer observed that Child 3 & 4 are receiving tummy time, but it is not being documented. A random sample of daily logs were reviewed; infant activities are not being logged on a daily basis. Previously cited on 10/30/23.”

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;

“According to the staff in the infant room, Child 5 & 6 are eating table food. Their feeding instructions were not updated to include table food. Previously cited on 10/30/23.”

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;

“Senior Compliance Officer observed several dot markers and a plastic basket sitting next to the diapering sink in the one year old classroom.”

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

“Senior Compliance Officer observed that the soiled diaper container in the three year old classroom was not lined.”

AAC R9-5-516.H. H. Except as provided in subsection (J), a licensee shall ensure that prescription and nonprescription medications are stored as follows:1. An enrolled child’s medication is kept in a locked, leak-proof storage cabinet or container that is used only for storing enrolled children’s medications and is located out of reach of children; 2. Medication for a staff member is kept in a locked, leak-proof storage cabinet or container that is separate from the storage container for enrolled children’s medications and is located out of reach of children; and 3. Medications requiring refrigeration are kept in a locked leak-proof container in a refrigerator.

“Senior Compliance Officer observed a tube of medication in the infant room that was not locked.”

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

“Senior Compliance Officer observed a tube of medication in the infant room. The facility did not have written permission to apply the medication.”

AAC R9-5-514. C. C. A licensee shall:1. Prepare and date a written fire and emergency plan that contains: a. The location of the first aid kit; b. The names of staff members who have the first aid training required by R9-5-403(E); c. The names of staff members who have the CPR training required by R9-5-403(E); d. The directions for: i. Initiating verbal notification of an enrolled child’s parent by telephone or other equally expeditious means within 30 minutes of a fire or emergency; and ii. Providing written notification to the enrolled child’s parent within 24 hours; and e. The facility’s street address and the emergency telephone numbers for the local fire department, police department, ambulance service, and poison control center; 2. Maintain the plan required in subsection (C)(1) in a location on facility premises that has an operable telephone service or two-way voice communication system that connects the facility with an individual who has direct access to an in-and-out operable telephone service; 3. Post the plan required in subsection (C)(1) in any indoor activity area that does not have an operable telephone service or two-way voice communication system that connects the indoor activity area with an individual who has direct access to an in-and-out operable telephone services; and 4. Update the plan in subsection (C)(1) every 12 months after the date of initial preparation of the plan or when any information changes.

“Senior Compliance Officer observed that the Accident and Emergency Plan was not current. Two of three staff members listed on the plan did not have current First Aid or CPR.”

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.

“Senior Compliance Officer observed two empty paper towel dispensers in the bathroom next to the three year old classroom, and the sink located in the stall was not working. CO turned the knob on the sink for the water to run. The Director had to turn a knob underneath the sink allowing the water to run Once the water started running, it was not draining.”

AAC R9-5-502.A.10. A. A licensee providing child care services for infants shall: 10. Ensure that an occupied crib with a crib side that does not have a non-porous barrier is placed at least 2 feet from another occupied crib side that does not have a non porous barrier; and

“In the infant room, Compliance Officer 1 observed that the cribs, in the two corners of the room, were not spaced two feet apart. Each corner has two cribs that were touching corner to corner (in an "L" shape) and there is no barrier between the two cribs. One of the corners had infants in the two separate cribs.”

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;

“In the infant room, Compliance Officer 2 observed that there was an adult chair obstructing the designated exit as it was placed directly in front of the door.”

AAC R9-5-510.B.2. B. A licensee shall ensure that a staff member does not use or permit: 2. Corporal punishment;

“CO1 and CO2 interviewed Staff and Children. Child 1, 3, 5, and 7 reported that they have seen staff grab children, push children into chairs, and/or pat children on the back hard during nap when the children do not want to nap. CO1 observed videos of staff using corporal punishment with enrolled children. A child was observed to be grabbed by Staff 4 by their wrist with their arm held above their head. Staff 4 was observed walking fast with the child's right arm in the air. Staff 4 was pulling the child, causing the child to fall and drag against her left side for 13 seconds until she then forcibly pushed the child into a chair at a table. A second video showed a child being grabbed by their forearm while jerking and pulling the child from a chair at the table, and shoved into a chair at an adjacent table by Staff 3.”

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

“Compliance Officer 1 (CO1) and Compliance Officer 2 (CO2) interviewed 8 staff. Four of Eight staff reported being out of compliance with staff to children ratios in the morning. During the inspection a child was left in the restroom while the remainder of the class returned to a different room, leaving the child without a staff member to maintain ratio. * Previously cited for complaint inspection conducted on 03/30/22”

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

“Per the allegation and based on interviews and observations the following allegation was substantiated: CO1 and CO2 interviewed Staff and Children and found that children are placed at risk of harm when staff grab children aggressively, and yell at the children. Five of ten children reported observing staff yell and handle children in an aggressive manner. Eight of nine staff reported that they have heard staff yell at children. Four of nine staff have reported observing staff grabbing children in an aggressive manner. CO1 observed videos of staff grabbing children and moving children in an aggressive manner. Staff 4 was observed to grab a child by their wrist with their arm held above their head. Staff 4 was observed walking fast with the child's right arm in the air. Staff 4 was observed pulling the child, causing the child to fall and drag against her left side for 13 seconds until she then forcibly pushed the child into a chair at a table. Another video showed a child being grabbed by their forearm and jerked by Staff 3. The child was pulled from a chair at one table, and shoved into a different chair at an adjacent table by Staff 3. * Previously cited for complaint inspections conducted on 03/30/22 and 08/21/23”

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

“CO2 observed 2 infant children were seated in feeding chairs, and were not secured with the child safety straps.”

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

“CO1 and CO2 observed that a child was left alone in the restroom of an unattended classroom when the CO's were interviewing children. Staff failed to supervise the child. CO1 observed videos that showed Staff 4 covering a child completely with a blanket while they laid face down on their cot. A 45 second video of the 1 year old room showed Child 11 and Child 12 climbing on top of a table. Child 11 was observed to fall off the table and land sideways in a chair at the table. Child 12 was observed to move around on top of the table. Child 13 was observed climbing on a two tiered shelf in the same video clip. A Staff member was standing at the door holding a child and talking to an individual. The Staff member was not aware that the children were on the table and on the shelf. The Staff member did not attend to the children at any time during the video clip. * Previously cited for complaint inspection conducted on 03/30/22”

AAC R9-5-510.A.2. A. A licensee shall ensure that a staff member: 2. Teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior;

“CO1 and CO2 interviewed staff and children and found that Staff 3 is reported to yell loudly and aggressively at the children. Eight of 9 staff reported that they have heard Staff 3 yell at the children. Staff reported that Staff 3 can be heard yelling at children throughout the center. CO1 and CO2 interviewed staff and found that the Director has been made aware of Staff 3's maltreatment of the children and has failed to take preventative action. Staff 4 reported that she has been talked to about how she has grabbed children aggressively by the Director, no other intervention was reported.”

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

“CO1 and CO2 interviewed staff and children. Child 1, 3, and 6 reported being told that they will get candy for napping. Staff 7 reported that children are given candy for napping. CO1 reviewed videos showing Staff 4 aggressively pulling a child to lay flat on their stomach on the cot during nap time. CO1 reviewed a video showing Staff 2 forcibly putting a child in their chair and then holding the child in their chair during a meal service. A second staff member intervened and took over.”

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;

“Compliance Officer 1 observed that there was a burning candle sitting on the front desk that was accessible to children walking into the facility.”

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;

“During the inspection of the Pre-K room, Compliance Officer 1 observed that the posted lesson plan not dated.”

AAC R9-5-502.A.10. A. A licensee providing child care services for infants shall: 10. Ensure that an occupied crib with a crib side that does not have a non-porous barrier is placed at least 2 feet from another occupied crib side that does not have a non porous barrier; and

“During the inspection of the infant room, Compliance Officer 1 observed that the two corner cribs were not 2 feet apart from the next crib over as the open side of the cribs were next to each other. The staff rearranged the cribs during the inspection so that there was no open side within two feet.”

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;

“During the inspection of the infant room, Compliance Officer 1 reviewed the infant feeding instruction forms and observed the following: * The form for Child 1 was not current as the staff acknowledged that the child was eating food and the parent had not updated the form. * The form for Child 2 was not current as the staff acknowledged that the child was eating food and the parent had not updated the form. * The form for Child 3 was not current as it was last updated on 07/12/23. * The form for Child 4 was not current as it was last updated on 05/31/23.”

AAC R9-5-503.A.2.a. 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;

“Compliance Officer 1 inspected the diaper changing areas and observed the following: * The water temperature in the Infant room measured at 68 degrees. * The water temperature in the one year-old room measured at 68 degrees. * The water temperature in the two year-old room measured at 68 degrees. * The water temperature in the three year-old (preschool) room measured at 80 degrees.”

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.

“Compliance Officer 1 inspected the bathroom area in the two year-old room and observed the following: * The toilet paper was not mounted as there was a roll of toilet paper on top of the dispenser on both sides of the bathroom. * There was a roll of paper towels on top of the paper towel dispenser.”

AAC R9-5-517.A.9. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall: 9. Ensure that the motor vehicle has: a. A working mechanical heating system capable of maintaining a temperature throughout the motor vehicle of at least 60° F when outside air temperatures are below 60° F; b. Except as provided in subsection (E), a working air-conditioning system capable of maintaining a temperature throughout the motor vehicle at or below 86° F when outside air temperatures are above 86° F; c. Except as provided in subsection (F), a first aid kit that meets the requirements of R9-5-514(A); d. Two large, clean towels or blankets; and e. Sufficient drinking water available to meet the needs of each enrolled child in the motor vehicle and sufficient cups or other drinking receptacles so that each enrolled child can drink from a different cup or receptacle;

“Compliance Officer 1 inspected the first -aid kit in the van and observed it was missing at least two gallon-size resealable bags.”

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

“During the inspection of the facility vehicle, Compliance Officer 1 observed that the van floor was not maintained in a clean condition as there were food wrappers, a banana peel, spoon, dirt and debris found visible on the floor.”

AAC R9-5-518.A.1. A. A licensee providing a field trip for an enrolled child shall: 1. Obtain written permission from a parent before the enrolled child participates in a field trip including: a. The date and description of the field trip; b. The times of departure from and return to the facility; and c. The name, street address, and telephone number, if any, of the field trip destination;

“Compliance Officer 2 reviewed the field trip forms and observed the following: * On 06/23/23 to Peter Piper Pizza, there was no description of the field trip. * On 07/16/23 to Funtastiks, there was no description of the field trip.”

AAC R9-5-518.C. C. A staff member shall verify the presence of each enrolled child and place a checkmark next to the enrolled child’s name on the list required in subsection (B)(3) for each enrolled child who is present at the following times: 1. At the beginning of the field trip or when boarding the motor vehicle, 2. Upon arrival and each hour while at the field trip destination, 3. When preparing to leave the field trip destination or when boarding the motor vehicle to return to the facility, and 4. When reentering the facility at the conclusion of the field trip.

“Compliance Officer 2 reviewed the field trip forms and observed the following: * On 07/28/23 to Get Air, the attendance was not completed at all of the required times for all children. * On 07/16/23 to Funtastiks, the attendance was not completed at all of the required times for all children.”

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

“Compliance Officer 2 inspected the playground areas and found the following: * Pre-K area - the wood chips measured 2.0 inches under the green climber. * Toddler area - the wood chips measured 2.0 inches under the yellow slide.”

AAC R9-5-502.C.1.d. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: d. Keeps dated, daily, documentation of each infant including: i. A description of any activities the infant participated in, ii. The infant’s food consumption, iii. Diaper changes, and iv. Tummy time;

“During the inspection of the infant room, Compliance Officer 1 reviewed the daily log sheets for 10/24, 10/25, and 10/26 and observed the following: * On 10/24 there were no activities listed on 6 of 6 daily log sheets. * On 10/25 there were no activities listed on 6 of 6 daily log sheets. * On 10/26 there were no activities listed on 5 of 5 daily log sheets.”

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

“Compliance Officer 1 reviewed the main posting board at the front of the center and was unable to find a posted refund policy.”