Smart Children Learning Center

AAC R9-5-306.A. A. A licensee shall: 1. Maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release, and the parent or staff member's signature or other unique identifier. 2. If an electronic signature is used to admit or release the enrolled child, 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; 3. 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. 4. 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. 5. 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. 6. Maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on Compliance Officer's observation and review of facility documentation, 8 of 30 facility attendance records reviewed lacked the following documentation: Child #1: Release time and signature for 5/5/26. Child #2: Release time and signature for 5/4/26. Child #3: Release time and signature for 5/5/26. Child #4: Release time and signature for 5/5/26. Child #5: Admission time for 5/5/26. Child #6: Release time and signature for 5/4/26. Child #7: Release time and signature for 5/4/26 Child #8: Release time for 5/4/26.”

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 Compliance Officer's observation, the pacifiers in the Infant room lacked identifiers specific to the enrolled children.”

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

“Findings: Based on Compliance Officer's observation, there was a wooden toy on the diaper changing surface of the 3's classroom.”

AAC R9-5-403.B. B. A licensee shall ensure that:1. Each staff member who provides child care services completes 18 or more actual hours of training every 12 months after the effective date of this Chapter or the staff member’s starting date of employment or volunteer service in at least two topics listed in this subsection: a. Child growth and development, including: i. Infant growth and development, which may include sudden infant death syndrome prevention; ii. Developmental psychology; iii. Language development; iv. Observation and child assessment; v. Developmentally-appropriate activities; vi. Child guidance and methods of discipline which may include training on the appropriate techniques to prevent a child from harm or to prevent the child from harming others; and vii. Developmentally-appropriate activity areas; b. Health and safety issues, including: i. Accident and emergency procedures, including CPR and first aid for infants and children; ii. Recognition of signs of illness and infestation; iii. Nutrition and developmentally-appropriate eating habits; iv. Child abuse detection, reporting, and prevention; v. Safety of indoor and outdoor activity areas; and vi. Sun safety policies and procedures; c. Program administration, planning, development, or management; and d. Availability of community services and resources, including those available to children with special needs; and 2. As part of the required 18 hours of training in subsection (B)(1): a. A staff member who has less than 12 months of child care experience before the staff member’s starting date, completes at least 12 hours in one or more of the topics in subsection (B)(1)(a) in the staff member’s first 12 months at the facility; b. A staff member who has 12 months or more of child care experience, completes at least 6 hours in one or more of the topics in subsection (B)(1)(a) every 12 months after the staff member’s starting date; c. A staff member who provides child care services to an infant completes at least 6 hours in subsection (B)(1)(a)(i) every 12 months after the staff member’s starting date; and d. A facility director completes at least 6 hours in subsection (B)(1)(c) every 12 months after the facility director’s starting date.

“Findings: Based on Compliance Officer's observation and review of facility documentation, the file for Staff #1 (start date 11/12/12) lacked documentation of completion of 18 hours of training within the past 12 months.”

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's observation, there was a large, wooden cabinet in the 1's classroom that was not attached to the wall, creating a tipping hazard.”

AAC R9-5-501.A.3. A. A licensee shall ensure that: 3. For an enrolled school-age child, if drinking water is not accessible in an indoor or outdoor activity area, drinking water sufficient to meet the individual needs of each enrolled school-aged child is available;

“Findings: Based on Compliance Officer's observation, drinking water was not accessible to the enrolled children in the 1's and Toddler classrooms.”

AAC R9-5-501.C.5. C. A licensee shall ensure that a staff member:5. Except as provided in subsection (D), prepares and posts a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Findings: Based on Compliance Officer's observation and review of facility documentation, the lesson plan posted in the 2’s classroom was not dated for the current week.”

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 Compliance Officer's observation, there was a walker 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 Compliance Officer's observation, the paper towel dispenser in the 2’s diaper changing area was empty.”

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 tape; 5. Single-use, non-porous gloves; and 6. Reclosable plastic bags of at least one-gallon size.

“Findings: Based on Compliance Officer's observation, the facility's first aid kit lacked sterile gauze rolls.”

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.

“Findings: Based on Compliance Officer's observation and review of facility documentation, the facility's fire & emergency plan had not been updated since 5/4/23.”

AAC R9-5-516.I. I. Except as specified in A.R.S. § 36-2229(B) through (D), a licensee shall ensure that a facility does not stock a supply of medications for administration to enrolled children, including:1. Any prescription medication; or 2. A nonprescription medication such as aspirin, acetaminophen, ibuprofen, or cough syrup.

“Findings: Based on Compliance Officer's observation, the facility had stocked the following supply of medications in the first-aid kit: *21 packets of sting relief medication. *4 packets of triple antibiotic ointment medication. *4 packets of burn cream medication.”

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

“Findings: Based on Compliance Officer's observation, the caulking at the base of the toilets in the School Age restroom was detaching from the base of the toilet and the flooring beneath, rendering the flooring unsanitizable.”

AAC R9-5-605.B.6. B. A licensee shall ensure that: 6. Except for a room used only for an enrolled school-age child, each unused electrical outlet is covered with a safety plug cover or insert;

“Findings: Based on the Compliance Officer's observation, there was an outlet uncovered on the West wall, behind the highchairs accessible to children, in the Infant classroom. *There were 2 outlets uncovered, on the West wall of the middle playground,.”

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

“Findings: Based on the Compliance Officer's observation, in Classroom 4, the licensed capacity of Classroom #4 (17) was incorrectly posted as 18. The Infant classroom lacked a posted capacity.”

AAC R9-5-301.E. E. A licensee shall, with the exception of individuals listed in subsection (D)(2), ensure that a staff member supervises any individual that is not a staff member who is on facility premises where enrolled children are present.

“Findings: Based on the Compliance Officer's observation, there was an unsupervised adult on the facility premises with enrolled children present.”

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

“Findings: Based on the Compliance Officer's observation, in Classroom 2 and Classroom 3, the soiled diaper containers lacked a tight-fitting lid. Previously cited: 6/16/2021”

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 Classroom 1, Classroom 1B, Classroom 2, Classroom 3, and the Infant classroom, the diaper changing tables were not seamless and smooth. Previously cited: 6/7/2023, 6/14/2022, 6/16/2021”

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

“Findings: Based on the Compliance Officer's observation, in the Infant classroom, there were 3 tubes of diaper cream that lacked a label. Previously cited: 6/7/2023, 6/14/2021”

AAC R9-5-501.C.5. C. A licensee shall ensure that a staff member:5. Except as provided in subsection (D), prepares and posts a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Findings: Based on the Compliance Officer's observation, Classroom #3 lacked documentation of a current lesson plan. The lesson plan was dated for the week of 03/18/2024-03/22/2024. Previously cited: 6/16/2021”

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;

“Findings: Based on the Compliance Officer's observation, in the Infant classroom, there were 3 infants in high chairs, the shoulder straps were not fastened according to the manufactured instructions. Previously cited: 6/7/2023”

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

“Findings: Based on the Compliance Officer's observation, the following hazards were on the outdoor play area accessible to children: *On the South fence, there was a 6 inch gap from the fence base to the ground. *There was bird feces on the brick planters, the apple mirror, the green slide, the play house, the infant climber and multiple areas of the fence around the facility. *There were multiple spider webs along the fence around the facility and the mushroom play structure. *There was a rolled up carpet by the climber on the infant playground. *There was a cracked and broken wheel on the back right, of the red plastic tricycle. Previously cited: 6/7/2023, 6/14/22, 6/16/2021”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Based on the Compliance Officer's observation, in Classroom #4, the staff-to-child ratio was 1:16, with 4 year children and present, a required ratio of 2:16. Previously cited: 6/7/2023, 6/14/2022, 6/16/21”

AAC R9-5-513.B. B. A licensee shall ensure that a staff member:1. Keeps all pet and animal habitats clean; 2. Prohibits reptiles, such as turtles, iguanas, snakes, and lizards, in the facility; 3. Prohibits birds in food preparation and eating areas; 4. Keeps pets and animals clean; 5. Prohibits pets and animals from endangering an enrolled child, staff member, or other individual on facility premises; and 6. Keeps birds and animals such as horses, sheep, cattle, and poultry in an enclosure that is not accessible to an enrolled child except as part of an activity.

“Findings: Based on the Compliance Officer's observation, in the 1B classroom, the fish tank was filled with a cloudy brown substance.”

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

“Findings: Based on the Compliance Officer's observation, the following areas were not maintained: Classroom 3: *In the bathroom, the paper towel dispenser was inoperable and the toilet handle was loose. The following toys and equipment were not maintained in a clean condition: *There was a buildup of black, tar-like substance on the red plastic tricycle handles on playground 1. *There was a thick layer of black dirt on the yellow plastic xylophone sticks, on playground 1. *There 5 brown/black sticky stains on the green cushions of the wicker house on playground 2. *There were black dirt smudges on the blue foam climbing structure and the red and yellow Little Tyke Cozy Coupe car, on the Infant playground. Previously cited: 6/7/2023, 6/14/2022, and 6/16/2021”

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 Officer's observation, in Classroom 3 the restroom was not maintained in a clean and sanitized condition: *There was a black sticky substance around the toilet and the baseboards on the bathroom floor. *There were white smudges on the mirror. *There were gray and black smudges on the West wall and on the North wall, under the light switch plate. *There were large gray smudges on top of the toilet seat and toilet tank lid. *Throughout the bathroom walls, there were pictures with clear tape, that had dirt and debris build-up. *There was a build-up of brown dirt around and behind the faucet of the bathroom sink. *There was a build-up of thick brown substance around the drain of the sink basin. Previously cited: 6/16/2021”

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

“Findings: Based on the Compliance Officer's observation, in the following areas, the floor was not maintained in a clean condition: Classroom 2: *There was a build-up of dirt and debris in the Northeast corner. *There was a build-up of dirt and rust on the floor by the black file cabinet. Classroom 1B: *There was a large area of thick build-up of a black tar-like substance by the East exit door. *There was a build-up of dirt and debris and 4 missing tiles under the diapering area on the South wall. *There was a 1 inch gap in the tile on the North wall. *There was a thick build-up of black dirt in the Southwest corner behind the door. Classroom 3: *There was a build-up of dirt and debris along the base boards and floor. *There was a pile of gray and brown fuzzy dirt at the base of the black cabinet. Previously cited: 6/7/2023, 6/16/2022, and 6/14/2021”

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

“Findings: Based on the Compliance Officer's observation, in Classroom 3, the following areas were not maintained in a clean condition: *There was brown/gray, fuzzy dirt and debris on the counter, on the entrance door and window ledge. *There was a sticky black substance on top of each shelf.  Previously cited: 6/7/2023, 6/14/2022”

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

“Findings: Based on facility documentation and the Compliance Officer's observation, Child #1 lacked the name, home address, city, state, zip code, and contact telephone number of the second parent of the child. Previously Cited on: 6/7/2023”

AAC R9-5-509.C.22. C. A licensee shall ensure that:22. A refrigerator at the child care facility maintains a temperature of 41° F or below, as shown by a thermometer kept in the refrigerator at all times;

“Findings: Based on the Compliance Officer's observation, in the Infant Classroom, the temperature on the refrigerator thermometer read 45 F°. Previously cited: 6/16/2021”

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 the Compliance Officers' observations and review of facility documentation, it was determined that the rosters were not accurate in the following classrooms: Infant classroom: There were 10 children present in the classroom but the roster reflected the presence of 11 children. 1's classroom: There were 8 children present in the classroom but the roster reflected the presence of 9 children.”

AAC R9-5-503.B. B. A licensee shall ensure that a staff member does not:1. Permit a bottle, formula, food, eating utensil, or food preparation in a diaper changing area; 2. Draw water for human consumption from a diaper changing area sink; or 3. Except as provided in subsection (C), if responsible for food preparation, change diapers until food preparation duties have been completed for the day.

“Findings: Based on the Compliance Officers' observations, it was determined that there was a blue sippy cup in the diaper handwashing sink in the 1's classroom.”