Sweet Pea Learning Center

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 1’s room, there were 2 bibs in the diapering changing area.”

AAC R9-5-503.A.3.4. 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 4. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled clothing.

“Findings: Based on the Compliance Officers' observations, in the 1’s room, the soiled diaper container lacked a lid.”

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

“Findings: Based on the Compliance Officers' observations, the following hazards were observed: Toddler playground: *There was broken plastic with sharp edges on the red sensory table. *There was exposed and deteriorated particle board on the bottom edge of the building, near the threshold of the left side of the Infant door. Preschool playground: *There was loose and sharp metal on the low section of the North side of the building. *There was warped and deteriorated wood on the threshold of the lower section of the building.”

AAC R9-5-605.B.8. B. A licensee shall ensure that: 8. Heating and cooling equipment is inaccessible to an enrolled child;

“Findings: Based on the Compliance Officers' observations, in the outdoor patio area, the air conditioning unit was exposed. The low black fencing around the unit was not attached and moved easily, and there was an opening on one side of fencing to the air conditioning unit.”

AAC R9-5-512.F.1. 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;

“Findings: Based on the Compliance Officer's observation, in the 3’s toilet room, the left toilet paper dispenser was empty, and there was a small roll of toilet paper on the floor between the toilets.”

AAC R9-5-605.B.3. B. A licensee shall ensure that: 3. An unvented or open-flame space heater or portable heater is not used on the facility premises;

“Findings: Based on the Compliance Officers' observations, in the School age room, there was a space heater attached to the North wall, accessible to enrolled children. (There was a warning label on the side of the heater that stated the panel can reach up to 180 - 195 degrees F.)”

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 observations, the water temperature in the following diaper changing sinks measured above 110 degrees F, rather than between 86 - 110 degrees F as required: Infant room: 116.8 degrees F. 2’s room: 116.8 degrees F.”

AAC R9-5-605.B.8. B. A licensee shall ensure that: 8. Heating and cooling equipment is inaccessible to an enrolled child;

“Findings: Based on the Compliance Officers' observations, in the middle play area outside, there was a heat pump unit accessible to enrolled children.”

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

“Findings: Based on the Compliance Officers' observations, in the Preschool room, the designated exit was obstructed by a play table. In the Infant room, one designated exit was obstructed by chairs, and the second exit was locked from the inside.”

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

“Findings: Based on the Compliance Officers' observations of the outdoor activity areas, the following hazards were accessible to enrolled children: Toddler playground: * There was an unsecured basketball hoop located on the cement. Preschool playground: * There was broken plastic with sharp edges on the white bench. * There was sharp metal around the tightening bolt on the irrigation cement cylinder. * There were sharp pieces of splintered wood on a wooden bench.”

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 Compliance Officer #1's observation, in the Preschool room toilet room, 1 of the 3 sanitary unit sinks was inoperable.”

AAC R9-5-509.C.23. C. A licensee shall ensure that:23. A freezer at the child care facility maintains a temperature of 0° F or below, as shown by a thermometer kept in the freezer at all times; and

“Findings: Based on Compliance Officer #1's observation, in the kitchen the freezer temperature was 5 degrees F, rather than 0 degrees F or below as required.”

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

“Findings: Based on the Compliance Officers' observations, in the Infant room, there were loose crib sheets on 2 of 4 cribs, rather than tight-fitted sheets as required.”

AAC R9-5-501.A.14. A. A licensee shall ensure that: 14. Temperatures are maintained between 68° F and 82° F in each room used by enrolled children;

“Findings: Based on the Compliance Officers' observations, upon arrival at the facility, the School-age room temperature was 59.5 degrees F. At 10:56am, the temperature was 64.2 degrees F.”

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

“Findings: Based on Compliance Officer #1's observation, in the School-age room, there was an unmounted television on a two-tiered wooden cabinet.”

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 observations, Staff #2 (DOE 8/2/2024) was an assistant teacher caregiver. Staff #2 was not qualified as an assistant teacher caregiver because the file lacked documentation of a high school diploma or high school equivalency diploma. The documentation of education in the file was from a foreign country and was not evaluated to be equivalent to a high school diploma or high school equivalency diploma from the United States.”

AAC R9-5-309.A. A. An applicant shall obtain the following inspections of a facility and make any repairs or corrections stated on an inspection report before a license is issued by the Department: 1. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a gas inspection by a licensed plumber or individual authorized by the local jurisdiction that verifies there are no gas leaks in the gas pipes that run from the gas meter to any appliance or location on facility premises; and 2. A fire inspection by a local fire department.

“Findings: Based on facility documentation and Compliance Officer #2's observations, the Licensee lacked documentation of a current, violation-free fire inspection report. The last fire inspection was dated 1/29/2023.”

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, Compliance Officer #1's observations of 6 staff files and staff statement, it was determined that Staff #1 (DOE 2/13/2023) was a teacher caregiver. Staff #1 was not qualified as a teacher caregiver because the file lacked documentation of a high school diploma or high school equivalency diploma. The documentation of education in the file was from a foreign country and was not evaluated to be equivalent to a high school diploma or high school equivalency diploma from the United States. Staff stated Staff #1 works alone with children.”

AAC R9-5-502.C.1.l. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: l. Obtains written, current, and dated dietary instructions from a parent or health care provider regarding the method of feeding and types of foods to be prepared or fed to an infant at the facility;

“Findings: Based on the Compliance Officer's and the Assistant Director's observations and on a discussion with the infant room teacher, it was determined that 2 of the 4 enrolled infant's written feeding instructions lacked the amount of food and the feeding times/schedule. The teacher acknowledged that the 2 infants were eating food. However, the feeding instructions only listed the instructions for the formula.”

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 the Compliance Officer's review of Staff #2's file (starting date of employment 6/7/22), the file contained documentation of the staff's completion of only 2 hours of the required 18 hours of annual training for the period of 6/7/22 through 6/7/23.”

AAC R9-5-403.A. A. Within 10 calendar days of the starting date of employment or volunteer service, a licensee shall provide, and each staff member who provides child care services shall complete, training for new staff members that includes all of the following: 1. Facility philosophy and goals; 2. Names and ages of and developmental expectations for enrolled children for whom the staff member will provide child care services; 3. Health needs, nutritional requirements, any known allergies, and information about adaptive devices of enrolled children for whom the staff member will provide child care services; 4. Lesson plans; 5. Child guidance and methods of discipline; 6. Hand washing techniques; 7. Diapering techniques and toileting, if assigned to diaper changing duties; 8. Food preparation, service, sanitation, and storage, if assigned to food preparation; 9. If a staff member is assigned to feeding infants, the preparation, handling, and storage of infant formula and breast milk; 10. Recognition of signs of illness and infestation; 11. Child abuse or neglect detection, prevention, and reporting; 12. Accident and emergency procedures; 13. Staff responsibilities as required by A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter; 14. Sun safety policies and procedures; 15. Safety in outdoor activity areas; 16. Transportation procedures, if applicable; and 17. Field trip procedures, if applicable.

“Findings: Based on the Compliance Officer's review of Staff #2's file (starting date of employment 6/7/22) the file contained a blank new staff Orientation form and the form had not been filled out.”

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 the Compliance Officer's and the Assistant Director's inspection of the first aid kit, it was determined that the first aid kit contained numerous packets of insect sting relief cream (a stock medication).”

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

“Findings: Based on the Compliance Officer's and the Assistant Director's observations, the exhaust fan in the preschool bathroom was not operating.”

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 and the Assistant Director's observations, the transportation van lacked a second towel or blanket.”

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 the Compliance Officer's review of 20 Children Emergency information cards and on a discussion with the Assistant Director, 4 of the cards lacked the following information: *The cards for children #4, #5 and #6 lacked the name, address and telephone number of the child's second parent; and *The card for child #7 lacked the address and telephone number of the second parent.”

AAC R9-5-516.G. G. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment

“Findings: Based on the Compliance Officer's and the Assistant Director's observations, it was determined that Child #3’s Epipen had expired in November 2023.”

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 and the Assistant Director's observations, the Color blocks rug in the school-age room had numerous areas that had brown stains on it.”