Shellie's Early Start Learning Center #5

AAC R9-5-404.E. E. In addition to maintaining the required staff-to-children ratios, a licensee shall ensure that: 1. Staff members are present on facility premises to perform facility administration, food preparation, food service, and maintenance responsibilities; and 2. Facility maintenance does not depend on the work of enrolled children.

“Findings: Based on the Compliance Officers' observations, upon arrival at 7:24 AM until 9:24 AM, the Director was working in a classroom and no one was present to perform facility administrative responsibilities.”

AAC R9-5-507.A.2. A. A licensee providing child care services for a a child with a special health care need or a disability shall: 2. If an enrolled a child with a special health care need or a disability does not have an existing individualized plan, obtain from the enrolled child’s parent written instructions for providing services to the enrolled child until a written individualized plan required in subsection (A)(1) is developed by a team consisting of staff members, the enrolled child’s parent, and health care providers, if applicable, that is completed within 30 calendar days after the enrolled child’s initial date of receiving child care services;

“Findings: Based on facility documentation, the Compliance Officers' observations, and staff statements, the licensee lacked a written individualized plan for Child #1 (DOE 5/29/2026), completed within 30 calendar days after the enrolled child’s initial date of receiving child care services. Staff stated the following: *I did not know Child #1 was (non verbal) until today. *Child #1 does not have an individualized plan.”

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' observations, Staff #1's (DOE: 9/4/23) file lacked documentation of a valid high school diploma or high school equivalency diploma.”

AAC R9-5-510.A.1. A. A staff member shall provide guidance to help children respond to difficult situations. To develop self-regulation, children should receive adult support that is individual to the child and adapts as the child develops internal controls. This process should include: 1. Forming a positive relationship with the child, which occurs when the adult spends time talking to the child, listening to the child, following the child’s lead, playing with the child, and responding to the child’s needs; 2. Base expectations on the child’s developmental level; 3. Establishing and being proactive in teaching and supporting children in learning simple rules; 4. Modifying the learning/play environment to support the child’s appropriate behavior; 5. Creating a predictable daily routine and schedule; 6. Modeling desired behavior; 7. Showing children positive alternatives; 8.Using deliberate redirection, the staff member should encourage the child to use appropriate behavior, and provide positive feedback when the child exhibits the behavior; 9. Individualized positive discipline strategies based on the individual needs of children, such as using a buddy system, individualized schedule, special break, or another applicable positive discipline strategy; and 10. If applicable, a licensee shall develop a written plan with the enrolled child's parent to provide individualized social and emotional intervention supports for the enrolled child that includes methods for understanding the enrolled child's behavior, and developing, adopting, and implementing a team-based positive behavior support plan.

“Findings: Based on child statements and the Compliance Officers' observations, staff failed to model desired behavior. Children stated the following: *When we get in trouble, we have to stand with our face against the wall. *We have to stand in the "naughty corner" by the books.”

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' observations, Staff #1 was working alone in the infant room. Staff #1 was not qualified and was not supervised by a child educator.”

AAC R9-5-509.C.4. C. A licensee shall ensure that: 4. A staff member encourages, but never forces, enrolled children to eat food;

“Findings: Based on child statements and the Compliance Officers' observations, Staff #1 forces enrolled children to eat food. Children stated the following: *(Staffs name) says, "You're going to sit here and eat all your food". You have to eat all of it. *(Staffs name) says, "Wasting food is bad" someone else might want to eat it. *You can't waste food.”

AAC R9-5-502.A.11. A. A licensee providing child care services for infants shall: 11. Label each food container received from the parent with the infant's name.

“Findings: Based on the Compliance Officers' observations, in the Infant Room, there were seven pouches of an unlabeled substance in the freezer.”

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

“Findings: Based on the Compliance Officers' observations, in the Infant Room, there was one unlabeled pacifier in a crib with an enrolled infant.”

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

“Findings: Based on the Compliance Officer's observation, in the 1/2s Room, the toilet seat was not secure and wobbled easily when light pressure was applied.”

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 Officers' observations, the facility lacked a current, violation-free fire inspection report. The fire permit on file expired 5.31.2026.”

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 Officers' observations, on the Preschool Playground, the following was observed: *There were several pieces of broken glass near the North fence. *There was a sharp, exposed concrete footing along the Northeast and East walls. *There was a 6" vertical gap between the fence and the ground on the North side.”

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 Officers' observations, the Preschool Playground lacked the following required resilient surfacing: *2" of the required 6" of sand and wood chip mixture in the fall zones of the yellow tunnel. *1" of the required 6" of sand and wood chip mixture in the fall zones of the large tire.”

AAC R9-5-502.C.3.a. C. A licensee shall ensure that: 3. When preparing, using, or caring for an infant's feeding bottles, a staff member: a. Labels each bottle received from the parent with the infant's name;

“Findings: Based on the Compliance Officers' observations, in the Infant Room, there was one unlabeled bottle in the refrigerator.”

AAC R9-5-509.C.13. C. A licensee shall ensure that: 13. 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;

“Findings: Based on the Compliance Officers' observations, the kitchen lacked a posted allergy list.”

AAC R9-5-509.C.17. C. A licensee shall ensure that: 17. 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 Officers' observations, the posted menu did not reflect what enrolled children were served. The menu stated that beef corndogs, tater tots, bananas, toast, milk, and orange juice were to be served. Enrolled children were observed eating pizza, cucumbers, cantaloupe, and chocolate milk.”

AAC R9-5-509.C.21. C. A licensee shall ensure that: 21. A refrigerator at the child care facility maintains a temperature of 41° F or below and a freezer maintains a temperature of 0° F or below, as shown by a thermometer kept in the refrigerator and in the freezer at all times;

“Findings: Based on the Compliance Officers' observation, the kitchen freezer lacked a thermometer.”

AAC R9-5-510.A.1. A. A staff member shall provide guidance to help children respond to difficult situations. To develop self-regulation, children should receive adult support that is individual to the child and adapts as the child develops internal controls. This process should include: 1. Forming a positive relationship with the child, which occurs when the adult spends time talking to the child, listening to the child, following the child’s lead, playing with the child, and responding to the child’s needs; 2. Base expectations on the child’s developmental level; 3. Establishing and being proactive in teaching and supporting children in learning simple rules; 4. Modifying the learning/play environment to support the child’s appropriate behavior; 5. Creating a predictable daily routine and schedule; 6. Modeling desired behavior; 7. Showing children positive alternatives; 8.Using deliberate redirection, the staff member should encourage the child to use appropriate behavior, and provide positive feedback when the child exhibits the behavior; 9. Individualized positive discipline strategies based on the individual needs of children, such as using a buddy system, individualized schedule, special break, or another applicable positive discipline strategy; and 10. If applicable, a licensee shall develop a written plan with the enrolled child's parent to provide individualized social and emotional intervention supports for the enrolled child that includes methods for understanding the enrolled child's behavior, and developing, adopting, and implementing a team-based positive behavior support plan.

“Findings: Based on the Compliance Officers' observations, a staff member failed to model desired behavior for enrolled children when: * Staff #1 snatched a book away from an enrolled child to redirect them away from the library. *Staff #1 grabbed a child by the forearm to redirect them away from the library. *In a harsh tone, Staff #1 told enrolled children to: “Go lay down," "Take your nap," and "Go to sleep."”

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. Posts the current written dietary instructions in the infant room and the kitchen and maintains the instructions on facility premises for 12 months after the date of the instructions; and

“Findings: Based on the Compliance Officers' observations, in the kitchen, there were no infant feeding plans posted.”

AAC R9-5-502.C.1.c. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: c. Responds immediately to each infant's distress signals;

“Findings: Based on the Compliance Officers' observations, in the Infant Room, there were two infants displaying signs of distress. After the Compliance Officers completed a walkthrough of the playground, the two infants were still displaying signs of distress. When the Compliance Officers entered the Infant Room, the one staff member present was making bottles for the two distressed infants and had not responded immediately to the infants' distress signals.”

AAC R9-5-509.B. B. If a licensee contracts with a food establishment to prepare and deliver food to the facility, the licensee shall obtain and provide the Department with a copy of the food establishment’s permit, issued under 9 A.A.C. 8, Article 1, at the following times: 1. Before the Department issues a license to the facility, 2. Upon contracting with the food establishment, and 3. Every 12 months after the date the contract is entered into while the contract is in effect

“Findings: Based on the Compliance Officers' observations, the facility lacked a catering permit from the Alhambra school district.”

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

“Findings: Based on the Compliance Officers' observations of 2 outdoor activity areas, the playgrounds lacked the following resilient surfacing: Toddlers Playground lacked: *2" of the required 6" of sand under the blue tunnel slide, open blue slide, and south stairs on the climber. Preschool Playground lacked: *1" to 2" of the required 6" of sand/wood chips under the blue climbing wall and tan slide on the east climber. *2" to 3" of the required 6" of sand/wood chips under the net on the west climber, the blue swings, and the black tire.”

AAC R9-5-605.B.10. B. A licensee shall ensure that:10. Toilet rooms are ventilated to the outside of the building, either by a screened window open to the outside air or by an exhaust fan and duct system that is operated when the toilet room is in use;

“Findings: Based on the Compliance Officers' observations, the exhaust fan in the School-Age toilet room was not operable.”

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

“Findings: Based on the Compliance Officers' observations, in the Toddler room, the lid on the soiled clothing container was propped open and there was a bag of arts and crafts supplies in it.”

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 Officers' observations, in the Toddler room diapering area, the temperature of the water in the hand-washing sink was 82.1°F, rather than between 86°F and 110°F as required.”

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 diaper changing area in the Toddler room had a pink blanket on the diapering counter.”

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

“Findings: Based on the Compliance Officers' observations, in the Toddler room, water cups were located on a high shelf and were not accessible to the two enrolled children present.”

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.

“Findings: Based on the Compliance Officers’ observations, the facility lacked a notice of the availability of facility inspection reports for public viewing at the facility premises.”

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 base of the faucet in the School-Age toilet room had a build up of brown and green grime.”

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 Officers' observations, the following was observed: 3-4/Pre-K toilet room: *There were two chips in the toilet seat. *The paper towel dispenser was empty. Toddler Playground: *The large multi-colored Legos had a thick layer of dirt and dust. *The shelving unit the Legos were on had a thick build up of dirt and dust. *A rectangular red and blue table and a pink rocking horse had a thick layer of sand, dust, and dirt.”

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 Officers' observations, the following outdoor hazards were accessible to enrolled children: Toddler Playground: *There were exposed, rough edges on the side of the warped round table. *On a support beam for the shade structure, there was a large piece of sharp, splintered wood with an exposed nail. Preschool Playground: *There were large chunks of a stucco-type substance on the ground. *There was a 6’ by 2’ area with rough edges on the exposed concrete border near the Northeast side. * There was a large chunk of concrete on the ground on the Northeast side. * There was a 3’ by 2’ area with rough edges on the exposed concrete on the Northwest corner near the speed limit sign. * There were rusty chains on the swings. * There were chunks of a black substance and broken green glass in the wood chip/ sand mixture. * There were peeling chunks of paint on 6 swing posts. *One wrought-iron fence post was rusted. * There was a 5” gap at the top of the black wrought-iron fence, and a 6” gap at the base of the wrought-iron fence on the West side of the playground. *There was a 5” gap at the base of the South wrought-iron fence. *There was peeling and broken plastic on the red step of the middle climber.”

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 Officers' observations, in the 3-4/Pre-K toilet room, there were dark, dirty smears on the wall below the light switch.”

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 Officers’ observations, 4 of 13 Emergency, Information, and Immunization Records (EIIR) for enrolled children lacked the following: Child #1 & Child #4: The date of the child’s enrollment. Child #2 & Child #3: The back page of the EIIR card.”

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 enrolled children: School-Age Room: *There were dangling cords hanging from the television, a DVD player and an outlet. 3/4's Room: *There was exposed and flaking drywall on the north wall near the entrance of the toilet room.”

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, the roster in the 3-4/Pre-K classroom lacked documentation of the presence of three enrolled children. There were three children in the classroom and zero on the roster.”

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 Officers’ observations, 3 of 13 attendance forms lacked the following information: Child #2: Release time and signature on 6/06/2025. Child #5: Release time and signature on 6/02/2025. Child #6: Release time on 6/03/2025.”

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

“Findings: Based on the Compliance Officer's observations, the sand measured the following depths in the outdoor activity areas fall zones: *Toddler playground- 3 of the required 6 inches under the 2 blue toddler slides; and *Preschool playground -3 of the required 6 inches under the swings, the blue teeter totter and the rope climber ; and *The fall zones lacked any resilient surfacing at the base of the slide and under the faux rock steps. The ground in these areas was hard and compacted.”

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 observations, the following hazards were observed in the outdoor playground area: 1) The concrete footer under the blue teeter-totter was exposed on the preschool playground; and 2) A 5 foot long wooden board post that was part of the railing in the toddler playground area had separated from the post on one end. The unattached end of the wood was lying on the ground and had an exposed nail protruding from it.”

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 review of the infant feeding instructions and on discussion with the infant room staff, 3 of the written infant feeding instructions lacked required information and had not been updated; *Child #1 - the staff stated the infant was on formula but the written feeding instructions did not state the amount of formula to be fed or the frequency of the feedings; *Child #2- the staff stated the infant was on formula and also was eating some foods. The form did not state the amount of formula to be fed and did not state the type of foods and the amount and frequency of the food feedings. The form stated it was last updated on 1/26/24; and *Child #3- The staff stated the infant was eating food but the form did not state the types of food to be fed and the amount and frequency of the feedings. The form stated it was last updated on 7/27/23.”

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;

“Findings: Based on the Compliance Officer's observation in the infant room, a bottle cleaning brush was observed in the diapering sink and a roll of paper towels was placed on the diapering counter.”

AAC R9-5-502.B.3. B. A licensee providing child care services for infants shall not: 3. Permit an infant to use a walker; or

“Findings: Based on the Compliance Officer's observation, a push walker was observed in the infant room.”

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, the water temperature at the diaper changing area sinks in the infant room and the one year old room measured 120 degrees F.”

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 the Compliance Officer's observation, the paper towel dispenser next to the diapering sink in the infant room lacked paper towels.”

AAC R9-5-203.E. E. If a staff member possesses a fingerprint clearance card that was issued before the staff member became a staff member at the facility, a licensee shall:1. Contact the Department of Public Safety before the individual becomes a staff member to determine whether the fingerprint clearance card is valid; and 2. Document this determination, including the name of the staff member, the date of contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

“Findings: Based on the Compliance Officer's review of Staff #1's file (DOE 9/4/2023), Staff #1 was issued a fingerprint clearance card prior to employment. The documentation in the file indicated the card’s validity was verified with DPS on 2/7/2023, prior to when the staff was employed with this licensee.”

AAC R9-5-502.A.1. A. A licensee providing child care services for infants shall: 1. Provide a wall-enclosed room for infants that provides exits required by R9-5-601(1);

“Findings: Based on the Compliance Officer's observation, the infant room door that is next to the kitchen was propped open with a chair when the Compliance Officer arrived.”

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 the Compliance Officer's review of Staff #1's file (DOE 9/4/2023), the file contained documentation stating Staff #1's orientation training was completed on 1/24/2023, 8 months prior to the staff’s date of employment, rather than within 10 days of the staff’s employment.”

AAC R9-5-402.A. A. A licensee shall maintain a file for each staff member containing: 1. The staff member’s name, date of birth, home address, and telephone number; 2. The staff member’s starting date of employment or volunteer service; 3. The staff member’s ending date of employment or volunteer service, if applicable; 4. The name and telephone number of an individual to be notified in case of an emergency; 5. The staff member’s written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis; 6. The form required in A.R.S. § 36-883.02(C); 7. Documents required by R9-5-203; 8. Documents required by R9-5-301; 9. Documents required by R9-5-401, if applicable; 10. If applicable: a. The form required in A.R.S. § 8-804(I), b. Documentation of the submission required in A.R.S. § 8-804 and the information received as a result of the submission, and c. Documentation of training provided by a licensee as required by R9-5-403, if applicable; 11. A copy of any current license or certification required by A.R.S. Title 36, Chapter 7.1, Article 1. or this Chapter; and 12. Documentation of the requirements in A.R.S. § 36-883.02(D).

“Findings; Based on a discussion with the Site Manager and the Director, it was determined that the center does a working interview ("training interview") where a prospective employee shadows an employee for 4 hours over a 2-day period. Although the Site manager stated that the prospective employees are required to have a staff file, she acknowledged that the files for the 2 recent prospective employees could not be located for the Compliance Officer to review.”

AAC R9-5-502.A.1. A. A licensee providing child care services for infants shall: 1. Provide a wall-enclosed room for infants that provides exits required by R9-5-601(1);

“Findings: Based on the Compliance Officer's and the Director's observations, the top half of the Infant room's Dutch door was open when the Compliance Officer arrived and an infant was present in the room at the time.”