Shellie's Early Start Learning Center #2

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

“Findings: Based on the Compliance Officer's observations, 5 of the concrete footing posts were exposed in the Preschool program.”

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

“Findings: Based on the Compliance Officer's observations, wood chips/ sand mix measured 3 of the required 6 inches under the Preschool swings. The blue rubber mulch in the Preschool playground measured 4 of the required 6 inches under the yellow climbing post and under the yellow stairs.”

AAC R9-5-303.A. A. A licensee shall post in a place that can be conspicuously viewed by individuals entering or leaving the facility or activity area, the: 1. Facility’s license; 2. Name of the facility director; 3. Name of the individual designated to act on behalf of the facility director when the facility director is not present in the facility, as prescribed by R9-5-301(B)(1); 4. Schedule of child care services fees and policy for refunding fees as prescribed by A.R.S. § 36-882(P); 5. Breakfast, lunch, dinner, and snack menus for each calendar week at the beginning of the calendar week; 6. Notice of the presence of any communicable disease or infestation listed in 9 A.A.C. 6, Article 2, Table 2.2, from the date of discovery through the incubation period of the communicable disease or infestation; 7. Notice of the Department’s intent to deny, revoke, or suspend as prescribed by A.R.S. § 36-888 at the expiration of time in the notice for the licensee to respond; 8. Notice of an intermediate sanction imposed as prescribed by A.R.S. § 36-891.01 within 10 calendar days after the licensee received notice of the intermediate sanction; 9. Notice of a legal injunction imposed as prescribed by A.R.S. § 36-886.01 when the licensee receives the legal injunction; and 10. Notice of the availability of facility inspection reports for public viewing at the facility premises.

“Findings: Based on the Compliance Officer's observations and a discussion with the Director, Staff #1 was listed as one of the Assistant Directors on the Posting board but the Director stated Staff #1 is no longer employed.”

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

“Findings: Based on the Compliance Officer's observations and a discussion with staff, when the Compliance Officer arrived at the facility, neither the Director or an Assistant Director was present. Staff said the Director had left the facility and acknowledged the Assistant Director was not present either.”

AAC R9-5-501.A.7. A. A licensee shall ensure that: 7. Age-appropriate toys, materials, and equipment are provided to enable each enrolled child to participate in an activity;

“Findings: Based on the Compliance Officer's observations, 3 round, yellow emoji face pillows were observed in the infant room. Per the Compliance Officer's review of the Manufacturer's recommended age use, the pillows are recommended for use for children who are 3 years and older and are not developmentally appropriate for infants.”

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;

“Findings: Based on the Compliance Officer's observations, the first aid kits in the vans used to transport children lacked the following: Van (License plate 8B8A) - lacked the 2 required rolls of gauze, 2 one-gallon resealable plastic bags and scissors; and Van (License Plate 6TT)- lacked 1 of the rolls of gauze and 2 one-gallon resealable plastic bags.”

AAC R9-5-514. A. A. A licensee shall ensure that there is a first aid kit on facility premises that contains first aid supplies in a quantity sufficient to meet the needs of the enrolled children including the following: 1. Sterile bandages including: a. Adhesive bandages of assorted sizes, b. Sterile gauze pads, and c. Sterile gauze rolls; 2. Antiseptic solution or sealed antiseptic wipes; 3. A pair of scissors; 4. Adhesive or self-adhering tape; 5. Single-use, non-porous gloves; and 6. Reclosable plastic bags of at least one-gallon size.

“Findings: Based on the Compliance Officer's observations, the first aid kit lacked the 2 required rolls of gauze.”

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

“Findings: Based on the Compliance Officer's observations, the designated exit in the 2 year old room that leads to the parking lot was obstructed by a child’s table.”

AAC R9-5-502.C.1.lk. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: k. 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 review of the written infant feeding instructions and a discussion with the Director and infant room staff, the staff stated that Child #1 enrolled yesterday and attended. The staff acknowledged they had not obtained Child #1's written feeding instructions. The written infant feeding instructions for Child #2 stated “feed every 4 hours- no formula”, but did not state the amount to be fed or what the infant was fed (Example-purée foods versus solid foods and the type of foods to be fed).”

AAC R9-5-501.A.18. A. A licensee shall ensure that: 18. 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 observations, a toilet brush was observed on the bathroom floor in the one-year-old bathroom.”

AAC R9-5-208.B. B. At least 30 calendar days before the date of an intended change in a facility’s service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the intended change to the Department that includes: 1. The licensee’s name; 2. The facility’s name, street address, city, state, zip code, mailing address, and telephone number; 3. The name, telephone number, and fax number of a point of contact for the request; 4. The facility’s license number; 5. The type of change intended: a. Service classification, b. Space utilization, or c. Licensed capacity; 6. A narrative description of the intended change; and 7. The following additional information as applicable, if the intended change: a. Affects individual rooms, the following information about each affected activity area, as applicable: i. Identification of the activity area, ii. Current and intended square footage, iii. Current and intended operating hours, iv. Current and intended service classification, v. Current and intended licensed capacity, and vi. Whether the activity area has or will have a diaper changing area; b. Is to increase licensed capacity, the square footage of the outdoor activity area; and c. Includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable, if the facility is: i. Not located in a public school or if providing child care services to infants, one-year-old children, or two-year-old children in a facility located in a public school, the information required in R9-5-201(A)(5)(g) and (A)(5)(h) showing the intended change; or ii. Located in a public school and provides child care only for three-year-old, four-year-old, or five-year-old, or school-age children, a set of final construction drawings or a school map, including the information required in R9-5-201(5)(j) showing the intended change.

“Findings: Based on the Compliance Officer's observations, a review of the architectural drawings of the 1-year-old room and the 2-year-old room and on a discussion with the Licensee, it was determined that the architect's plans that were submitted with the modification application only stated the total square footage of both the one year old room and the 2-year-old room. In addition, the dimensions of each of the rooms were not listed. The Licensee stated the remodeled rooms had been re-configured and acknowledged the architectural plans did not list the square footage of each room separately.”

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 the Compliance Officers' observations and on a discussion with the Director, neither the Director or the Assistant Director were on the premises. When the Compliance Officers arrived at the facility, the Director was observed arriving at the facility. The Director acknowledged she had left for a break and acknowledged the Assistant Director had also left the premises and was on break.”

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

“Findings: Based on Compliance Officers #1's and #2's observations, the Rubber Mulch measured 3 of the required 6 inches under the fall zone of the teeter-totter, under the chain climber and at the base of the stairs.”

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 Compliance Officer #2's review of 12 Child Emergency Information cards, 3 of the cards lacked the following information: *Child #1: Child’s last name, two emergency contact last names, and the health care provider's last name; *Child #2: Date of enrollment; and *Child #3: The written instructions of a child’s parent or health care provider for the nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9) and the signature of the parent on the emergency card.”

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 Compliance Officer' #1's observations, the roster in the 3-4 year old room did not reflect the number of children present. There were 9 children present but only 8 listed on the roster.”

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 Officers #1's and #2's observations, the following hazards were observed in the Preschool outdoor activity area: *5 exposed concrete footers on the east side of the preschool playground, with sharp jagged concrete; *A 6-inch horizontal gap at the bottom of the sliding gates on the east side of the playground; and *Several pieces of sharp, broken glass on the west side of the playground.”

AAC R9-5-301.F. F. A licensee shall ensure that a staff member submits, on or before the starting date of employment or volunteer services, one of the following as evidence of freedom from infectious active tuberculosis: 1. Documentation of a negative Mantoux skin test or other tuberculosis screening test recommended by the U.S. Centers for Disease Control and Prevention, administered within 12 months before the starting date of employment or volunteer service, that includes the date and the type of tuberculosis screening test; or 2. If the staff member has had a positive Mantoux skin test or other tuberculosis screening test, a written statement that the staff member is free from infectious active tuberculosis that is signed and dated by a health care provider within six months before the starting date of employment or volunteer service.

“Findings: Based on the Compliance Officer's review of Staff 1's file (DOE 5/20/24), it was determined the staff's documentation of freedom from tuberculosis was not completed until 5/21/24, rather than on or before the staff's date of employment.”

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, the Licensee lacked a current, completed Staffing Report.”

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, in the 1's & 2's room, there were 2 stacks of 6 chairs each, accessible to enrolled children present in the room.”

AAC R9-5-501.A.18. A. A licensee shall ensure that:18. Each enrolled child’s pacifier is labeled with an identifier that is specific to the enrolled child and maintained in a clean condition;

“Findings: Based on Compliance Officer #1's observation, in the Infant room, there was an orange pacifier on a table that lacked an identifier specific to an enrolled child.”

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

“Findings: Based on the Compliance Officers' observations, in the Infant room, there was a loose crib sheet and one torn crib sheet in 2 cribs.”

AAC R9-5-511.A. A. A licensee shall provide each enrolled child who naps or sleeps at the facility with a separate cot or mat or a crib that meets the requirements of R9-5-502(A)(8) and ensure that:1. A cot, mat, or crib used by the enrolled child accommodates the enrolled child’s height and weight; 2. A staff member covers each cot, crib mattress, or mat with a clean sheet that is laundered when soiled, or at least once every seven days and before use by a different enrolled child; 3. A clean blanket or sheet is available for each enrolled child; 4. A rug, carpet, blanket, or towel is not used as a mat; and 5. Each cot, mat, or crib is maintained in a clean and repaired condition.

“Findings: Based on Compliance Officer #2's observation, in the Infant room, there was a brown crib with a loose and unsecured side panel along the east wall.”

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

“Findings: Based on Compliance Officer #1's observation, in the 4's& 5’s room, there was exposed raw wood on a large wooden stool.”

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 the Compliance Officers' observations, the following was not sanitizable: 4's & 5's toilet room: There was exposed raw wood on the right side of a white vanity and on the base of the vanity. 1's & 2's toilet room: There was exposed raw wood on the bottom section of a white vanity.”

AAC R9-5-502.C.3.b. C. A licensee shall ensure that:3. When preparing, using, or caring for an infant’s feeding bottles, a staff member: b. Ensures that a bottle is not: i. Heated in a microwave oven; ii. Propped for an infant feeding; or iii. Permitted in an infant’s crib unless the written instructions required by subsection (C)(1)(l) state otherwise;

“Findings: Based on Compliance Officer #1's observation, in the Infant room, an infant was asleep with a pink bottle in a crib, and there was a white substance in the bottle.”

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 Officers' observations of 3 vehicles, in the 2005 Chevrolet Express, there was torn vinyl and exposed foam on one seat. In vehicle HRA8B8A, there was torn vinyl and exposed foam on the front of 3 seat, and on the back side of 4 seats.”

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 the Compliance Officers' observations of the outdoor activity area, the following hazards were accessible to enrolled children on the Preschool playground: *There was exposed wood and peeling laminate on the white box. *There was an unsecured Little Tikes basketball hoop that wobbled easily when light pressure was applied. *There was peeling tan rubber at the base of the steps. *There was 2” of separated metal near the platform of the stairs. *There was sharp metal on 2 wrought-iron fence posts on the climber.”

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 facility documentation and the Compliance Officers' observations, the written feeding instructions for Child #1 & Child #2 were not current. The plan for Child #1 was updated 8/8/2023 and nothing was listed on the back page. The plan for Child #2 lacked the specific instructions.”

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 #2's observations, in the 1's & 2's room, the diaper changing areas was not seamless and smooth. The thin metal partitions, that were easily separated, has exposed raised screws and exposed sharp edges.”

AAC R9-5-503.E. E. A licensee shall ensure that the written diaper changing procedure in subsection (D) states that an enrolled child’s diaper is changed as soon as it is soiled, and that a staff member, when diapering:1. Uses a separate washcloth and towel only once for each enrolled child; 2. Washes and dries the enrolled child using the enrolled child’s individual personal products labeled with the enrolled child’s name; 3. Uses single-use non-porous gloves; 4. Washes the staff member’s own hands with soap and running water between 86° F and 110° F before and after each diaper change; 5. Washes each enrolled child’s hands with soap and running water between 86° F and 110° F after each diaper change; 6. Cleans, sanitizes, and dries the diaper changing surface following each diaper change; and 7. Uses single-use paper towels from a dispenser to dry the diaper changing surface or the hands of the enrolled child or staff member.

“Findings: Based on Compliance Officer #1's observations, the staff was observed changing an infant's diaper and then placed the infant on the floor. The staff sat down on the floor without cleaning and sanitizing the diaper changing table, and did not wash the child's hands and their own hands at the completion of the diaper change.”