T.E.S.D.#3 - Meyer Montessori

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 of the outdoor activity areas, the following hazards were accessible to enrolled children: *There was a 6” gap between the ground and the chain link fence on the East side. *There were 6 exposed concrete footings on the East side. *There were large areas of burr grass in the field between both playgrounds.”

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 Officers' observations, toilet rooms lacked the following: Room C11 toilet room: The soap dispenser was inoperable. Room C10 toilet room: The paper towel dispenser was empty.”

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

“Findings: Based on the Compliance Officers' observations, the following toilet rooms were not maintained in a clean condition: Room C10 Restroom: There was a yellow substance around the base of the toilet. Room C3 and C11 toilet rooms: The ceiling vent was dirty with a fluffy brown substance.”

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

“Based on the Compliance Officers' observations, the following areas were not maintained in a clean condition or free from odor: Garden area: There was bird feces on 2 chairs and a table. Room C10: The refrigerator was dirty and there was a loose white liquid substance in the freezer that was on the thermometer. Room C3 and C11 toilet rooms: There was a strong odor of urine.”

AAC R9-5-501.B.9. B. 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 Officers' observations, in Room C-3, there were 4 unlabeled containers of wipes accessible to enrolled children.”

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

“Findings: Based on the Compliance Officers' observations, the following hazards were accessible to enrolled children in Room C10's Outdoor area: *There was a warped wooden chair with sharp edges. *There was a plant with pointy edges.”

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 observations, the Licensee lacked documentation of a current violation-free fire inspection report.”

AAC R9-5-203.G. G. As 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 observations of 5 staff files, Staff #1 (DOE 7.17.2025) lacked the DCS submittal requirements.”

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

“FIndings: Based on the Compliance Officers' observations, the North playground lacked the following: *3" - 4” of the required 6" of resilient surfacing (sand) in the fall zones of the double yellow slide and climber. *2” of the required 6" of sand in the fall zones of 6 blue swings and 2 animal rockers.”

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

“Findings: Based on the Compliance Officer's observations of the outdoor activity area, the following hazards were accessible to enrolled children: *There were 3 rusted wheelbarrows with chipped paint on the inside. *There were large patches of burr grass in the field.”

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

“Findings: Based on the Compliance Officer's observations, in Room C11 (3-6s), there were 2 birds in a cage near tables where children eat, and the cage was accessible to enrolled children. Room C10 (3-6s): The rabbit habitat was not clean; there was rabbit feces on the floor of the cage and in the litter box.”

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 observations, the following was observed: Room C11: There was food waste in an uncovered container. Room C10 toilet room: There was an unsecured sink with cracked caulking. Girls’ hall toilet room: *There was cracked caulking on 3 of 3 sinks. *The left sink was not securely attached to the wall. Boys’ toilet room: There was cracked caulking on 2 of 3 sinks. Outdoor Boys’ toilet room: There was cracked caulking on the middle sink that was not securely attached to the wall.”

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

“Findings: Based on the Compliance Officer's observation, on Room C10 patio area, there were discolored stains on a rug.”

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

“Findings: Based on the Compliance Officer's observations, the following hazards were accessible to enrolled children: Room C11 (3-6s): *There was a dangling white cord attached to a lamp. *There was an unsecured 3-tiered cabinet on a wall. *There were sharp edges on an unsealed edge of a table. Room C11 patio area: * There were 5 unsecured umbrellas. * There was a table with a detached border along 2 edges. Room C110 outdoor patio: There were curled up edges on a rug. Room C3 outdoor patio: There was an unsecured blue umbrella.”

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 facility documentation and the Compliance Officer's observations of 5 staff files, the file for Staff #1 (DOE 11.25.2024) lacked new staff training within 10 calendar days of the starting date of employment.”

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 observations, the Department-provided Emergency, Information, and Immunization Record cards had been altered to include a translation to Spanish.”

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 observations of 5 staff files, Staff #1 (DOE 11.25.2024) lacked the DCS submittal requirements.”

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's observation of 5 staff files, the file for Staff #1 (DOE 11.25.2024) lacked documentation of a negative Mantoux skin test.”

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

“Findings: Based on the Compliance Officer's observations of the outdoor activity areas, the following was observed: Room C10 outdoor patio area: There was a balance beam on top of cement, lacking 6" of the required 6" of resilient surfacing. The Playground lacked: *1” of the required 6” of sand in the fall zones of 2 yellow slides. *1.5” of the required 6” of sand in the fall zones of 6 blue swings.”

ARS § 36-882.M. M. The licensee shall notify the department in writing within ten days of any change in the child care facility's director.

“Findings: Based on the Compliance Officer's discussion with the Current Director (Pat Barton), the staff stated the director listed in the licensing portal (Colleen Hall Benns) has not been the onsite director since November 2023. The licensee had not updated the change of director information in the licensing portal within 10 days of the change.”

AAC R9-5-605.B.9. B. A licensee shall ensure that: 9. Fans are mounted and inaccessible to an enrolled child;

“Findings: Based on the Compliance Officer's observation, 2 white, unmounted floor fans were observed in room C3. The fans were accessible to children who were in the room.”

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

“Findings: Based on the Compliance Officer's review of staff files, Staff #2 and #3 had fingerprint clearance cards that were issued prior to their employment. The files contained documentation that the licensee had verified the card's validity, but the documentation was not dated. Therefore, it could not be determined that the cards were verified as valid prior to the staff’s date of employment.”

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

“Findings: Based on the Compliance Officer's review of Staff #2's file (DOE 1/22/24), the file contained documentation indicating the staff's TB test was not completed until 2/20/24. The staff did not have a negative TB test on or before the date of employment.”

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

“Findings: Based on the Compliance Officer's review of the Parent posting board and on a discussion with the Current director, the name of the previous director name ([name] Benns) was listed on the parent posting board. The staff stated that this individual had been on leave since November 2023. The posting had not been updated to include the name of the current onsite director who is in charge (Pat Barton)”

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 the Compliance Officer's observation, 2 Little Tykes trampolines were on the outside preschool playground. One of the trampolines was in use by 2 children at the time of the inspection.”

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

“Findings: Based on the Compliance Officer's observation, the thermometer in the refrigerator in room C11 that is used to store children's food was not functioning. The needle on the thermometer had fallen to below where the temperature number range is listed.”

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 review of medication and on a discussion with the school nurse, the nurse acknowledged storing a bottle of children’s Tylenol upon the parent’s request for one of the children. The parent requested the medication to be given to the child in case the child had pain or a fever.”

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

“Findings: Based on the Compliance Officer's observation, 4 of the 8 wooden planter boxes in the outdoor activity area had areas of rough, bare, splintering wood on various sections of the planter boxes.”

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

“Findings: Based on the Compliance Officer's inspection of the outdoor activity area, the sand measured the following depths in the fall zones: *2-3 inches of the required 6 inches at the bases of the 3 slides and under the yellow ladder stairs.”

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

“Findings: Based on the Compliance Officer's observation and on a discussion with the staff, 16 children from room C11 were present in the outdoor patio area. The staff stated the 6 names of children that were listed on the attendance roster were the names of the children who were absent that day. She stated the 16 children who were present were not marked on the roster. In addition, a dry erase sheet had been placed over the week's permanent roster and the checkmarks were on the dry erase sheet. The previous 2 days of the week's attendance record had been erased. Per rule, attendance records are required to be maintained on the facility premises for 12 months after the date of the documentation.”