Sunrise Preschools #132

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: a. If the intended change 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. If the intended change is to increase licensed capacity, the square footage of the outdoor activity area; and c. If the intended change includes an alteration or addition to the physical plant of a licensed facility, the following, as applicable: i. If the facility is 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. If the facility is 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 Officers' observations, an enrolled child was observed to be walking with a staff member between the 1’s classroom and 4’s classroom for a 5 minute period in a non-licensed space (Lobby) in the facility.”

AAC R9-5-301.H. H. A licensee shall prohibit the use or possession of the following items when an enrolled child is on facility premises, during hours of operation, or in any motor vehicle used for transporting an enrolled child:1. Any beverage containing alcohol; 2. A controlled substance as listed in A.R.S. Title 36, Chapter 27, Article 2, except where used as a prescription medication in the manner prescribed; 3. A dangerous drug as defined in A.R.S. § 13-3401, except where used as a prescription medication in the manner prescribed; 4. A prescription medication as defined in A.R.S. § 32-1901, except where used in the manner prescribed; or 5. A firearm as defined in A.R.S. § 13-105.

“Findings: Per allegation and based on staff statements and the Compliance Officers’ observations, it was determined that the use of a controlled substance occurred during hours of operation when enrolled staff returned to their shift smelling of weed. Staff Statements: *I have smelled it on and around staff when they first come in. *I have smelled it every 2-3 days. *It can be strong sometimes. *Administration was informed and addressed it in January. *I have smelled it on some of the staff. *I have smelled it 3 times a week. *Staff smoke before their shift. *If you wait, you'll smell it.”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the roster in the Toddler Classroom did not reflect the number of children present (7 children present, 8 children listed on the roster).”

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 facility documentation and the Compliance Officer’s observation, the ratio in the Toddler Classroom was 1:7 instead of 2:7 as required for 1-year-old 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.

“Findings: Based on staff statement and the Compliance Officer's observations, in the 2/3's classroom, the classroom lacked a diaper changing log as required. Staff Statement: *I don't have one, I thought I did but it is not here.”

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 2/3's Classroom, there was a box of Kleenex and roll of paper towels on the diaper changing surface.”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the roster in the 3's Classroom did not reflect the number of children present (12 children present, 11 children listed on the roster). The roster in 2A's Classroom did not reflect the number of children present (12 children present, 13 children listed on the roster).”

AAC R9-5-601.4. A licensee shall comply with the following physical plant requirements:4. Except as provided in subsection (5), when providing child care services for infants or children who require diapering, a diaper changing area that meets the requirements in R9-5-503 is available in each infant room or indoor activity area used by an enrolled infant or child who wears diapers or disposable training pants;

“Findings: Based on staff statements and the Compliance Officer's observation, there were enrolled children with disposable training pants in the 2/3's Classroom and this room has not been approved by the Department for diapering. The enrolled children were changing themselves in the classroom toilet room. Staff Statements: *Yes, the children change their pull-ups in the toilet room themselves, I wasn't aware they couldn't.”

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

“Findings: Based on the Compliance Officer's observations, in the 2/3's Toilet room, the diaper changing container was accessible to enrolled children. Enrolled children were putting their pull-ups in the trashcan in the toilet room.”

AAC R9-5-511.C. C. A licensee shall provide an unobstructed passageway at least 18 inches wide between each row of cots or mats to allow a staff member access to each enrolled child.

“Findings: Based on the Compliance Officers' observations, in the Young 2’s classroom, 3 of the occupied mats were spaced 2-6 inches apart rather than the required 18 inches between rows as required.”

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;

“Findings: Per allegation and based on staff statements, child statements and the Compliance Officer’s observation, it was determined that Staff have failed to teach, model, and encourage orderly conduct, personal control, and age-appropriate behavior when staff have been observed using aggressive tones and verbiage with enrolled children. Staff Statements: *Everyone says "just get out of here" and "go play". *Children do not attend because I do not trust it here. *Staff yells at children and bangs a block on the shelf. *Yelling, just straight yelling. *Yells "Knock it off, you're going to get hurt" *Staff yelled "Why did you do that" *Staff yells "Be Quiet", "Clean Up". *Yelling at children "Get over to the carpet". Child Statements: *Staff is mean. *Staff yells in a loud voice.”

AAC R9-5-510.A.3. A. A licensee shall ensure that a staff member:3. Explains to an enrolled child why a particular behavior is not allowed, suggests an alternative, and assists the enrolled child to become engaged in an alternative activity; and

“Findings: Based on Compliance Officer #2’s observations, in the young 2’s classroom, a Staff placed their hand on the back of a child’s head and with a pushing motion moved the child away from the sink area rather than assisting the child to become engaged in an appropriate activity.”

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;

“Findings: Per allegation and based on staff statements and the Compliance Officers’ observations, it was determined that staff were observed not teaching, modeling or encouraging orderly conduct when staff were observed using an aggressive tone with short phrases at enrolled children: Staff Statements *Can hear Staff clear as day with quick short and aggressive statements, "No don't do that", "Sit Down", "Quit it", "Get Over Here", "STOP" *Between 5-10 times a day the staff can be heard saying short aggressive statements, usually after nap time. *A parent has complained they didn't like the way the staff was talking to children. *The last time the staff was heard was 2/17/2025. *Parent came to me and said I don't like the way the teacher spoke to me or the children. *The short statements come out more aggressive but could be nicer. *Staff is yelling out of frustration. *Staff was heard in an aggressive loud tone "Get on the wall now" *If the staff is alone they speak in an aggressively toned raised "Yelling" voice.”

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, it was determined that 1 of 1 children’s Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #1: The name and contact telephone number of the child’s health care provider and the name and contact number of a 2nd individual authorized by the child’s parent to collect the child from the facility in case of an emergency.”

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

“Findings: Based on facility documentation and the Compliance Officers’ observations, it was determined that Staff #1 failed to sign and record their time in and out for the month of February 2025.”

AAC R9-5-305.B. B. A licensee shall attach an enrolled child’s written immunization record or exemption affidavit, required in subsection(A), to the enrolled child’s Emergency, Information, and Immunization Record card, required in R9-5 304(B).

“Findings: Based on facility documentation and the Compliance Officers’ observations, it was determined that Child #1 lacked an attached written immunization record.”

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

“Findings: Per allegation and based on the Staff interviews, Child interviews, and the Compliance Officer and Compliance Officer Supervisor's observations, Staff #1 was observed dozing in the Infant classroom with children present. Staff Interviews *Staff #1 falls asleep in the infant room and school-age room. *Staff #1's head was down when the room was dark and they looked like they were dozing. *Staff are getting upset, they have children who are not supervised by Staff #1. *Staff #1 sleeps, a couple of times they were in the front rooms (infant and school-age). *Staff #1 sits on the floor and just falls asleep, then they startle themself. *Staff #1's head will jerk, body will jerk. *Friday (2/7) was the last time I saw Staff #1 asleep in the Infant room. Staff #1 was in the chair, there were 2 babies on the floor crawling and scooting. *An enrolled school-age child has mentioned to me that Staff #1 sleeps. *The older kids will see Staff #1 sleeping and bust out laughing. *During naptimes I have seen Staff #1's head nodding, I tell them to get up and walk around. * An enrolled child told me Staff #1 does not watch us they are on their phone. *Staff are on their phones a lot during naptime. Child Interviews: *Staff #1 leans their head on their hand and closes their eyes for a blink. Staff #1 tells me they are tired. *Staff #1 has been in the infant room and has looked tired. *Staff #1 doesn't pay attention, Staff #1 should be paid less because they are on their phone a lot. *All Staff #1 does is sit on their phone. *Staff #1 has closed their eyes and looks like they are sleeping. *Staff #1 looks very sleepy. *Staff #1 looks like they do not want to be here in the morning. *I have heard Staff #1 snoring. *A lot of times Staff #1 looks like they are sleeping. I know Staff #1 will wake up so I don't worry. *Staff #2 will put their hand on their head and look like they are sleeping. They jerk awake and have red eyes. *Staff #1 will put their hand on their head and sleep. They have red eyes when they open them. *Staff #1 leans on their body and tells me they are tired. * I remember the day Staff #1 was in the infant room, they were looking really kind of tired.”

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

“Findings: Per allegation and based on children's statements and the Compliance Officers' observations, upon arrival to the facility, Staff #1 was asleep while 8 enrolled children were in the classroom. Children's Statements: *Staff #1's eyes are closed and they do this (child put hands on face to hold eyes). *Staff #1 is always tired, they close their eyes and is laying on their body. *When a second teacher comes, Staff #1 will wake up. *I was waving my hands in front of their eyes and they didn't move. *Staff will wake up and say "oh what happened". *We do not want to bother Staff #1, they are really tired. *Yes, I have heard Staff #1 snoring.”

AAC R9-5-203.G. G. If required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on facility documentation and Compliance Officer #2's observations, the file for Staff #1(DOE-11/28/2023) lacked documentation of the submitted DCS Registry form.”

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 Compliance Officer #2’s observation, it was determined that the roster in the School-Age classroom did not reflect the number of children present (13 children present, 14 children listed on the roster).”

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

“Findings: Per allegation and based on Staff statements, Children's Statements, and the Compliance Officers' observations, enrolled children were not supervised on multiple occasions when Staff #1 was observed sleeping in the Infant and School-Age classrooms.”

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 Staff Statements, Children Statments, and the Compliance Officers' observations, the health, safety, and welfare of enrolled children was placed at risk of harm when Staff #1 was asleep in the classroom while children were present. Staff Statements: Staff #1 has been observed asleep in the infant classroom. I have seen Staff #1 dozing off. An enrolled child told me that they saw Staff #1 asleep and heard them snoring. I got to stand up and move, it is hard at naptime, but never sleep. Some staff get sleepy at naptime. I run to the room immediately if I hear someone looks sleepy. I offer them a Red Bull. Staff #1 was asleep and snoring with 2 infants in front of them. Staff #1's head was down and they were snoring. Staff #1 had a parent wake them up, staff was sitting up with eyes closed "Staff #1 was gone". Enrolled children have come to me to let me know Staff #1 was asleep. They woke on their own. Children Statement: Staff #1 closes their eyes when they are really tired. Staff #1 has told us they are really tired. If I tap Staff #1 they will open their eyes.”

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;

“Findings: Per allegation and based on children's statements, it was determined that staff members have failed to teach, model, or encourage orderly conduct, personal control, and age-appropriate behavior when on multiple occasions staff members have been heard yelling at the children. Children stated the following: *Sometimes, I don't want to be here because when we are on break we get yelled at. *Staff #1 yells at us a lot. *Staff #2 yells a lot in the van. *Sometimes Staff #3 will yell at us and then turn off the lights and we have to sit on the carpet in the dark. *Sometimes it hurts my ears, they always scream. *Staff #1 goes "rough", "hard on the kids" and yells a lot. *Staff #1 yells when kids are bad. *Staff #1 has gotten in a kid's face and yelled at them, it is scary and kids cry when the staff does that.”

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

“Findings: Based on facility documentation and the Compliance Officers' observations it was determined that the facility Director failed to record their attendance for the weeks of 12/02-12/06/2024 and 12/9-12/13/2024.”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that:1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on facility documentation and the Compliance Officers’ observations, it was determined that the Criminal history affidavits for Staff #2(10/22/2024), Staff #3(DOE-08/19/2024), and Staff #4 (10/22/2024) lacked facility address or cdc number.”

AAC R9-5-403.C. C. A licensee shall ensure that documentation of a staff member's completion of training required by subsection (A) is signed by the facility director and dated.

“Findings: Based on facility documentation and the Compliance Officers’ observations, it was determined that the files for Staff #1(DOE-07/30/2024), Staff #2(10/22/2024), Staff #3(DOE-08/19/2024), and Staff #4's (10/22/2024) 10-day training for new staff members lacked the director’s signature and date.”

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

“Findings: Per allegation, based on staff statements and Compliance Officers’ observations, the health, safety, and welfare of enrolled children were placed at risk of harm, when Staff #2 aggressively entered the Infant Classroom where Staff #1 was holding an infant and verbally confronted them. Staff Statements: *Staff #1 entered the room kind of aggressively, during the altercation, I stated “You can’t do that here” Staff #1 appeared agitated about something. *Staff #1 was frustrated by Staff #2 and entered the infant room to confront them, I followed behind because I was worried something inappropriate was going to happen. I told both staff we are done. *Staff were written up for the incident in the infant classroom.”

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 facility documentation and the Compliance Officers’ observations, it was determined that the files for Staff #1(DOE-07/30/2024) and Staff #3 (DOE-08/19/2024) lacked documentation of 2 good-faith effort professional references.”

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

“Findings: Per allegation, based on staff statements and the Compliance Officers’ observations, staff are frequently using their phones and not always aware or accountable for all children in their care. *Staff #1 was texting Staff #2 and that was why Staff #1 entered the infant room to confront Staff #2. *Staff are on their personal phones mostly texting. *Staff are on their phones during nap time for a second or during a break. *Staff #2 was on their phone using inappropriate language and yelling. Parents and children were walking through and heard staff member saying “bum ass bitch” and the “n word””

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

“Findings: Per allegation and based on facility documentation, staff statements, and the Compliance Officers' observations, it was determined Staff #2 acted as a Teacher Caregiver in the 2/3's Classroom and the file for Staff #2 (DOE-10/22/2024) lacked valid education documentation. Staff Statements: *After attempting to contact the educational facility where the document was provided from and not receiving an answer, I spoke with the staff member and they did admit that the document was not real. *A staff member told me that their GED was fake and that their education document was not real. *A staff told me their diploma was fake, and that another staff’s was fake. Then said “let me leave before they see it’s fake”.”

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 facility documentation and the Compliance Officers’ observations, it was determined that the files for Staff #1(DOE-7/30/2024), Staff #3(DOE-8/19/2024), and Staff #4 (DOE-10/22/2024) lacked documentation of validation through DPS for their fingerprint Clearance Cards. The Fingerprint Clearance Cards were validated at the time of the inspection.”

AAC R9-5-203.G. G. If required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on facility documentation and Compliance Officer’s observation, the files for Staff #1(DOE-07/30/2024), Staff #2(10/22/2024), Staff #3(DOE-08/19/2024), and Staff #4 (10/22/2024) lacked documentation of the submitted DCS Registry form.”

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 facility documentation and the Compliance Officers’ observation, it was determined that the Mantoux skin test for Staff #1 was not administered on or before the starting date of employment. (DOE-07/30/2024, Date of TB test 07/31/2024).”

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 Compliance Officer #2’s observation, it was determined that the rosters in the 2’s Classroom did not reflect the number of children present (15 children present, 14 children listed on the roster).”

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;

“Findings: Per allegation, based on Staff Statements and the Compliance Officers’ observations, Staff #2 was observed in an altercation with another teacher in the Infant classroom and was observed on the phone yelling inappropriate words while children/parents were present. Staff Statements: *Staff #1 entered the room kind of aggressive, during the altercation, I stated “You can’t do that here” Staff #1 appeared agitated about something. *Staff #1 was frustrated by Staff #2 and entered the infant room to confront them, I followed behind because I was worried something inappropriate was going to happen. I told both staff we are done. *Staff were written up for the incident in the infant classroom. *Staff #2 was on their phone using inappropriate language ,yelling. Parents and staff were walking through and heard staff member saying “bum ass bitch” and the “n word” *Staff were observed in the 3’s classroom having an aggressive conversation with one another while 3 year old children were present. The director was called to intervene.”

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

“Findings: Based on facility documentation and the Compliance Officers’ observation, it was determined that Staff #2 (DOE-10/22/2024) lacked documentation of a copy of a valid fingerprint card. The fingerprint clearance card was validated through the DPS website at the time of the inspection.”

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

“Findings: Based on facility documentation and Compliance Officer #1's observations, the facility classrooms lacked a posted capacity as required.”

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 facility documentation and Compliance Officer #1’s observation, the ratio in the 2/3's Classroom was 2:21 instead of 3:21 as required for 2-year-old children.”

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 Compliance Officer #1’s observation, it was determined that the roster in the 2/3's Classroom did not reflect the number of children present (21 children present, 20 children listed on the roster).”

AAC R9-5-209.B. B. A licensee shall permit the Department to interview each staff member or enrolled child as part of an investigation.

“Findings: Based on the Compliance Officers' observations, during the inspection, the Compliance Officers were conducting interviews with enrolled children. Compliance Officer #1 walked the child back to the playground, and the facility Director walked the Child's parent back to the interview area. The Parent yelled expletives at Compliance Officer #1 for interviewing the enrolled child. Compliance Officer #1 attempted to explain to the Parent that the Department shall be permitted to interview enrolled children as part of an investigation, however, the Compliance Officer was not able to speak to the parent. ”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on facility documentation and the Compliance Officers’ observations, it was determined that the roster in the 2 A Classroom did not reflect the number of children present (16 children present, 15 children listed on the roster). In the 4's Classroom, the roster did not reflect the number of children present (13 children present, 12 children listed on the roster). In the 2/3's Classroom, the roster did not reflect the number of children present (19 children present, 17 children listed on the roster).”

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

“Findings: Based on facility documentation and Compliance Officer #1’s observation, it was determined that Staff #2 was a teacher-caregiver in the 2/3's classroom. Staff #2 was not qualified as a teacher-caregiver because the staff file lacked documentation of a high school diploma or high school equivalency diploma.”

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

“Findings: Based on facility documentation and Compliance Officer #1’s observation, it was determined that the file for Staff #2 lacked documentation of a copy of the back of a valid fingerprint card. The fingerprint clearance card was validated through the DPS website during the time of the inspection.”

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 facility documentation and the Compliance Officers’ observations, it was determined that the files for Staff #1, Staff #2, and Staff #3 lacked documentation of validation through DPS for their Fingerprint Clearance Card. The fingerprint clearance cards were validated at the time of the inspection. ***Previously Cited 04/16/2024, 06/18/2024, 08/14/2024 and 10/18/2024”

AAC R9-5-203.G. G. If required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on facility documentation and Compliance Officer #2's observations, the files for Staff #2 and Staff #4 lacked documentation of the submitted DCS Registry form.”

AAC R9-5-403.C. C. A licensee shall ensure that documentation of a staff member's completion of training required by subsection (A) is signed by the facility director and dated.

“Findings: Based on facility documentation and Compliance Officer #2’s observation, Staff #4's 10-day training for new staff members lacked the director's signature and date.”

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 facility documentation and Compliance Officer #2’s observation, it was determined that the file for Staff #1 and Staff #3 lacked documentation of 2 good-faith effort professional references. ***Previously Cited 09/12/2023, 06/18/2024 and 10/18/2024”

AAC R9-5-203.A. A. A licensee shall ensure that a staff member completes, signs, dates, and submits to the licensee, before the staff member’s starting date of employment or volunteer service:1. The form required in A.R.S. § 36-883.02(C); and 2. If required by A.R.S. § 8-804, the form in A.R.S. § 8-804(I).

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that the file for Staff #3 and Staff #4 lacked a Criminal History Affidavit with the employer's name, address or the CDC # of the facility. ***Previously Cited 08/14/24 and 10/18/2024”

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;

“Findings: Based on facility documentation and Compliance Officer #1’s observation, it was determined that Staff #1 was acting as the assistant teacher-caregiver in the 4's Classroom. Staff #1 was not qualified as the assistant teacher-caregiver because the staff file lacked documentation of a high school diploma or high school equivalency.”

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

“Findings: Based on facility documentation and Compliance Officer #1's observation, it was determined that Staff #2 is a teacher-caregiver in the 2/3's classroom. Staff #2 is not qualified as a teacher-caregiver and was not supervised by a qualified staff member.”

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 facility documentation and the Compliance Officer #2’s observation, it was determined that the Mantoux skin test for Staff #4 was not administered on or before the starting date of employment (Date of employment- 04/30/2024, date of TB test- 05/01/2024).”

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 facility documentation and Compliance Officer #1’s observation, it was determined that the Mantoux skin test for Staff #1 was not administered within 12 months of the starting date of employment (DOE- 09/10/2024, date of TB test- 7/19/2023). ***Previously Cited 09/12/2024 and 10/18/2024”

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

“Findings: Based on facility documentation and Compliance Officer #1’s observation, it was determined that the file for Staff #3 lacked documentation of a copy of a valid fingerprint card. The fingerprint clearance card was validated through the DPS website during the time of the inspection.”

AAC R9-5-203.A. A. A licensee shall ensure that a staff member completes, signs, dates, and submits to the licensee, before the staff member’s starting date of employment or volunteer service:1. The form required in A.R.S. § 36-883.02(C); and 2. If required by A.R.S. § 8-804, the form in A.R.S. § 8-804(I).

“Findings: Based on facility documentation and Compliance Officer #1’s observation, it was determined that the file for Staff #3 lacked documentation of the DCS Registry. ***Previously Cited 08/14/24 and 10/18/2024”

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 facility documentation and Compliance Officer #1’s observation, it was determined that the file for Staff #3 lacked documentation of 2 good-faith effort professional references. ***Previously Cited 09/12/2023, 06/18/2024 and 10/18/2024”

AAC R9-5-514. F.2. F. 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:2. Documents: a. A description of the accident, injury, or emergency, including the date, time, and location of the accident, injury, or emergency; b. The method used to notify the enrolled child’s parent; and c. The time the enrolled child’s parent was notified; and

“Findings: Based on facility documentation, staff statements, and the Compliance Officers' observations, an observation report was written regarding a mark on Child #1, but the enrolled child's parent was not notified. Staff Stated *I told the staff member we would speak to the parent at pickup. *Totally forgot it was this child at pick-up to talk to parents. *It looked like an old bruise so the staff wrote an observation report only.”

AAC R9-5-514. G. G. If an enrolled child’s parent informs a staff member at the facility that the enrolled child’s parent obtained medical treatment from a health care provider for an accident, injury, or emergency the enrolled child had while attending the facility, a licensee shall ensure that a staff member:1. Documents any information about the enrolled child’s accident, injury, or emergency received from the enrolled child’s parent; and 2. Maintains documentation required in subsection (G)(1) on facility premises for 12 months after the date of the child’s disenrollment.

“Findings: Based on the Compliance Officers' observations and an interview with the Director, Child #1 had been seen by a Pediatrician for medical treatment after being at the facility. The information about the medical treatment for the injury was given to the Director by the parent but was not documented.”

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, it was determined that the facility lacked Child #1's enrolled children's Emergency, Information, and Immunization Record card. ***Previously Cited 04/16/2024”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that:1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on facility documentation and Compliance Officer #1's observation, it was determined that the file for Staff #3 lacked a signed and dated Criminal History Affidavit.”

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 facility documentation and Compliance Officer #1's observation, it was determined that the files for Staff #1 and Staff #3 lacked documentation of validation through DPS for their Fingerprint Clearance Card. The fingerprint clearance cards were validated at the time of the inspection. ***Previously Cited 04/16/2024, 06/18/2024, 08/14/2024 and 10/18/2024”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that:1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the file for Staff #2 lacked documentation of the Criminal History Affidavit.”

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.

“Based on facility documentation and Compliance Officer #2's observation, it was determined that the files for Staff #1 and Staff #2 lacked documentation of validation through DPS for their Fingerprint Clearance Card. The fingerprint clearance cards were validated at the time of the inspection.”

AAC R9-5-203.A. A. A licensee shall ensure that a staff member completes, signs, dates, and submits to the licensee, before the staff member’s starting date of employment or volunteer service:1. The form required in A.R.S. § 36-883.02(C); and 2. If required by A.R.S. § 8-804, the form in A.R.S. § 8-804(I).

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that the file for Staff #1 lacked documentation of the DCS Registry.”

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

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that Staff # 3 was a teacher-caregiver in the Infant's classroom. Staff #3 was not qualified as a teacher-caregiver because the staff file lacked documentation of a high school diploma or high school equivalency diploma. Staff #4 was a teacher-caregiver in the 1's Classroom. Staff #4 was not qualified as a teacher-caregiver because the staff file lacked documentation of a high school diploma or high school equivalency diploma.”

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 Compliance Officer #2’s observation, the health, safety, and welfare of an enrolled child was placed at risk of harm. In the 3’s classroom, 1 enrolled child was sleeping with their head covered by a blanket.”

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

“Findings: Based on Compliance Officer #2's observation, in the 1's classroom, 2 diaper creams lacked the enrolled child's first and last name, and 2 diaper creams lacked the enrolled child's last name.”

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 observation, in the 3's Classroom, there was a clipboard on the diaper changing surface.”

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

“Findings: Based on facility documentation, staff statement, and the Compliance Officers' observation, the Licensee lacked documentation of a written illness and injury log. Staff stated they sent a child home the previous day with a fever of 101, and they did not document it.”

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 facility documentation and Compliance Officer #2's observation, it was determined that the files for Staff #1 and Staff #2 lacked documentation of validation through DPS for their Fingerprint Clearance Card. The Fingerprint Clearance Cards were validated at the time of the inspection.”

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

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that Staff #2 and Staff #3 were observed in the 2/3's classroom at the time of the inspection. Staff #2 and Staff #3 were not qualified as teacher-caregivers and were not supervised by a qualified staff member”

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 Compliance Officer #2’s observation, it was determined that the roster in the 2's classroom did not reflect the number of children present (9 children present, 7 children listed on the roster).”

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

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that Staff #1 was acting as a teacher-caregiver in the 3/4's classroom. Staff #1 was not qualified as a teacher-caregiver because the staff file lacked documentation of 1 of the required 6 months of previous childcare experience. Staff #2 was acting as a teacher-caregiver in the 2/3's classroom. Staff #2 was not qualified as a teacher-caregiver because the staff file lacked 6 of the 6 months of previous childcare experience. Staff #3 was acting as a teacher-caregiver in the 2/3's classroom. Staff #3 was not qualified as a teacher-caregiver because the staff file lacked a high school diploma or high school equivalency diploma and 6 of 6 months of previous childcare experience.”

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 facility documentation and Compliance Officer #2’s observation, it was determined that the files for Staff #2 and Staff #3 lacked documentation of 2 good-faith effort professional references.”

AAC R9-5-403.C. C. A licensee shall ensure that documentation of a staff member's completion of training required by subsection (A) is signed by the facility director and dated.

“Findings: Based on facility documentation and Compliance Officer #2’s observation, Staff #1 Staff #2 and Staff #3's ten-day training for new staff members lacked the director's signature and date.”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that:1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that the file for Staff #1 lacked documentation of a Criminal History Affidavit. Staff #2 and Staff #3's files lacked documentation of a Criminal History Affidavit specific to the facility.”

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 2/3’s toilet room, lacked mounted toilet paper in both toilet stalls. Additionally, the sink next to the diaper changing area was inoperable. In Todd 2A and Two B, the soap dispensers were inoperable at the sinks outside the toilet area.”

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 facility documentation and the Compliance Officer's observation, it was determined that the file for Staff #1 lacked documentation of validation through DPS for their Fingerprint Clearance Card. The fingerprint clearance card was validated at the time of the inspection.”

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, in the Infant classroom, the diaper changing area lacked soap from a dispenser and single-use paper hand towels from a dispenser. In Two B, the diaper changing area lacked single-use paper hand towels from a dispenser.”

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 Officer’s observation, in the infant room, there were 4 bottles of white substance that lacked an enrolled child's first and last name and 8 bottles of white substance that lacked an enrolled child's last name.”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the rosters in the following classrooms did not reflect the number of children present: Preschool Classroom: 13 children present, 14 children listed on the roster. Two B Classroom: 10 children present, 12 children listed on the roster. 4's Classroom: 23 children present, 22 children listed on the roster.”

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 Officer's observation, in the Infant room, the written dietary instructions for Child #13, Child #14 and Child #15 lacked current types of foods to be prepared or fed to the infant.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 2 out of 6 staff files reviewed lacked the required training documentation: Staff #5: An additional 18 hours of annual training for the time period of 12/27/2022-12/27/2023. Staff #6: An additional 18 hours of annual training for the time period of 10/26/22-10/26/2023.”

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 observation, it was determined that the air conditioning in the rear and front of vehicle (CK19316) was not working properly and blowing warm air after being turned to the on position for 8 minutes.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the Licensee lacked documentation of a current violation-free fire inspection report as required. Fire Inspection Expired 02/21/2024.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 6 out of 20 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #1: 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. Child #2 and Child #5: A signature on the back of the emergency card. Child #3: The name, home address, city, state, zip code, and contact telephone number of 2nd parent of the child. Child #4 and Child #6: The name and contact telephone number of the child’s health care provider.”

ARS § 36-883.02.A. A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work.

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that the file for Staff #1 (Date of employment-9/26/2023) lacked documentation of a Criminal History Affidavit.”

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

“Findings: Based on facility documentation and the Compliance Officer’s observation, it was determined that 6 out of 20 enrolled children's attendance forms lacked the following information: Child #7: A release signature and time for 04/01-04/03/2024, 04/04-04/05/2024, 04/08-04/11/2024. Child #8: A release signature and time for 04/01/2024 and 04/04/2024. Child #9: An admission signature and time for 04/01-04/05/2024 and 04/08/-04/12/2024. Child #10: An admission signature and time for 04/01-04/04/2024, 04/10/2024 and 04/11/2024. Child #11 An admission signature and time for 04/02-04/04/2024, 04/11/2024, and 04/15/2024. Child #12: An admission signature and time for 04/02-04/04/2024, 04/10/2024 and 04/11/2024.”

AAC R9-5-203.G. G. If required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on facility documentation and the Compliance Officer's'observation, the files for Staff #1, Staff #2 and Staff #3 lacked documentation of the submitted DCS Registry form.”

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 2/3's classroom, there were 2 wipes that lacked the enrolled child's first and last name and 2 wipes that lacked the enrolled child's last name. In Two B classroom, there were 5 wipes that lacked the enrolled child's last name. In Toddler 2A classroom, there were 3 wipes that lacked the enrolled child's last name.”

AAC R9-5-306.B. B. A licensee shall: 1. Develop, document, and implement policies and procedures to ensure that a staff member maintains daily documentation of the presence of an enrolled child in an activity area that includes a method to account for any temporary absences of the enrolled child from the activity area, and 2. Maintain the documentation of the presence of enrolled children in an activity area required in subsection (B)(1) on facility premises for 12 months after the date of the documentation.

“Findings: Based on facility documentation and the Compliance Officers' observations, it was determined that the following rosters did not reflect the number of children present. *Infant Classroom (5 children present, 7 children listed on the roster) *2's classroom (20 children present, 5 children listed on one of the rosters and 0 children listed on the 2nd roster). *3's Classroom (15 children present, 14 children listed on the roster) *4/5's Classroom (24 children present, 22 children listed on the roster)”

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

“Findings: Per allegation and based on the Compliance Officers’ observations, the ratio in the 2's Classroom was 2:20 instead of 3:20 as required for 2-year-old children. In the 3's Classroom, the ratio was 1:15 instead of 2:15 as required for 3-year-old children.”