The Apple Tree Learning Centers

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 an Emergency, Information, and Immunization Record that is no more than a two-page written notice, and is signed by the enrolled child’s parent containing: 1. The child’s name, home address, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, email address, and 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 the nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(14); 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 observations and review of documentation, it was determined that 2 out of 10 reviewed Emergency, Information, and Immunization Record Cards lacked the following information: Child 1 and Child 2: The requirements for the child's health maintenance and physical conditions.”

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 the Compliance Officer’s observations and review of documentation, the fire inspection report expired on August 28, 2025 and the gas inspection report expired on July 29, 2025.”

AAC R9-5-501.A.13. A. A licensee shall ensure that: 13. Toys and play equipment, required in this Article, are maintained: a. Free from hazards, and b. In a condition that allows the toy or play equipment to be used for the original purpose of the toy or play equipment;

“FINDINGS: Based on the Compliance Officer’s observations, the enrolled children had access to the following broken equipment in the outdoor activity area: A broken wooden playhouse with exposed sharp wooden pieces and rusty screws.”

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 enrolled children had access to the following hazards in the outdoor activity area: A broken table with rusty edges and loose, exposed screws. An exposed metal pipe protruding from the ground on the south side of the playground, adjacent to the wooden playhouse. A fence on the north side of the playground was leaning into the outdoor activity area.”

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 observations, the ventilation fan was not working in the boys’ bathroom located in the Middle room.”

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 Officer’s observations in the outdoor activity area, the depth of the wood chip surfacing in the fall zones beneath the slides and climbing equipment measured between 2 and 4 inches, which is below the required minimum depth of 6 inches.”

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 Officer’s observations, the fence in the outdoor activity area had two horizontal spaces between the chain link fence and the ground measuring more than 4 inches: one gap by the south east corner and one gap on the south west area measuring 8 inches wide each.”

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 observations, the boys’ restroom in the Middle room lacked toilet paper in the mounted dispenser. The restrooms in the Threes and the Fours classrooms lacked mounted paper towels as required.”

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

“FINDINGS: Based on the Compliance Officer’s observations, the container for soiled diapers was accessible to the enrolled children in the Twos classroom.”

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 Officer’s observations, the diaper changing area in the Twos classroom lacked a fitting lid for the soiled diapers.”

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 Officer’s observations, diaper rash creams were not labeled with children’s first and last name as required in the following activity areas: One’s and Two’s.”

AAC R9-5-516.B.4. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:4. A staff member : a. Administers a prescription medication provided by a parent only from a container dispensed by a pharmacy; b. Administers a nonprescription medication provided by a parent for an enrolled child only from a container prepackaged and labeled for use by the manufacturer and labeled with the enrolled child’s name; c. Does not administer any medication that has been transferred from one container to another; and d. Does not administer a nonprescription medication to an enrolled child inconsistent with the instructions on the nonprescription medication’s label, unless the facility receives written authorization from the enrolled child’s health care provider.

“FINDINGS: The Compliance Officer inspected the medication for Child 1 and observed that the medication box contained only one out the two prescribed medications.”

AAC R9-5-309.B. B. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a licensee shall ensure that a licensed plumber or individual authorized by the local jurisdiction conducts a gas inspection 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 at least once every 12 months after the issue date of the license.

“FINDINGS: The Compliance Officer requested to review the most recent gas inspection and staff stated that they were unable to retrieve a copy from the inspecting company.”

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: The Compliance Officer reviewed the file for Staff 1 (start date 1/30/23) and observed that it contained 0 out of the required 18 hours of annual training between 1/30/24 - 1/30/25.”

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: The Compliance Officer inspected the diapering area in the Young Ones Classroom and observed that a first aid kit, teething ring and pink bow were stored on the diaper changing sink surface.”

AAC R9-5-504.3. A licensee providing child care services for 1-year-old and 2-year-old children shall:3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“PER ALLEGATION Based upon observation and staff interviews, the Compliance Officer observed that the Young Ones Classroom kept the art supplies locked and inaccessible to the children. She observed that the art supplies were stored inaccessible to the children in the Older Ones Classroom and the Classroom was not equipped with books. She observed that the Twos Classroom was not equipped with balls or musical instruments and the books were stored inaccessible to the children.”

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;

“The Compliance Officer observed that three cribs in the Infant Classroom were covered in loosely fitted sheets. (Previously cited 8/8/2022)”

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;

“PER ALLEGATION The Compliance Officer observed 1 container of Cerave cream located in the Infant Classroom was not labeled with the child’s name. A container of sunscreen that was located in the Threes Classroom was not labeled with the child’s name and was stored in the child’s backpack which was accessible to the enrolled children. (Previously cited 7/15/2024)”

AAC R9-5-501.A.19. A. A licensee shall ensure that:19. Except as provided in subsection (A)(20), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“The Compliance Officer observed a toilet brush in the restroom located in the Threes Classroom and a plunger in the bathroom located in the Twos Classroom. (Previously cited 7/15/2024)”

AAC R9-5-510.B.2. B. A licensee shall ensure that a staff member does not use or permit: 2. Corporal punishment;

“PER ALLEGATION Based upon staff interviews, it was determined that Staff 1 lightly tapped a child on the mouth with their fingers and said “no biting” when they would bite children.”

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. A method of discipline that could cause harm to the health, safety, or welfare of an enrolled child;

“Staff 1 and Staff 2 used methods of discipline that could cause harm to the health, safety or welfare of enrolled children when they did the following: Staff 1 lightly tapped a child on their mouth with her fingers when they were biting children and, Staff 2 sat a child in a feeding chair to keep them in time out.”

AAC R9-5-501.A.21. A. A licensee shall ensure that:21. Except when used as part of an activity, the following are stored in an area inaccessible to an enrolled child: a. Garden tools, such as a rake, trowel, and shovel; and b. Cleaning equipment and supplies, such as a mop and mop bucket.

“The Compliance Officer observed a broom and dustpan stored accessible to children in the restroom located in the Threes Classroom and in the Fours/Fives Classroom. (Previously cited 7/15/2024, 8/8/2022)”

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

“The Compliance Officer observed that one unused outlet under the radio was not covered. (Previously cited 9/9/2024)”

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.

“The Compliance Officer observed that the toilet paper dispenser in the restroom that was located in the Threes Classroom was empty and the roll was laying on the pony wall. She observed that the soap and paper towel dispensers in the restroom that was located in the Twos Classroom were empty. (Previously cited 8/3/2023, 8/8/2022)”

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

“The Compliance Officer observed that the Young Ones Classroom was not equipped with cups for drinking water. She also observed that some of the water cups in the Twos Classroom and the refill water pitcher were empty. (Previously cited 9/9/2024, 7/15/2024, 9/20/2023)”

AAC R9-5-510.B.4. B. A licensee shall ensure that a staff member does not use or permit:4. Discipline associated with: a. Eating, napping, sleeping, or toileting; b. Medication; or c. Mechanical restraint; or

“The Compliance Officer observed a child sitting in a feeding chair and asked the teacher if the child was going to eat. Staff 2 said the child was not going to eat. The Compliance Officer asked the teacher if the child was placed in the chair for time out and Staff 2 agreed that it was used for time out.”

AAC R9-5-504.3. A licensee providing child care services for 1-year-old and 2-year-old children shall:3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“FINDINGS: The Compliance Officer inspected the Young Ones Classroom and observed that it was equipped with one book and that book was torn; therefore, it was not properly equipped with enough books. The Compliance Officer inspected the Ones Classroom and observed that it was not equipped with art supplies. Staff showed that the art supplies were store in a locked cabinet, therefore the art supplies were not accessible to the enrolled children. (Previously cited 7/15/24)”

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

“FINDINGS: The Compliance Officer inspected the Ones Classroom and observed that 1 electrical outlet near the radio was not covered.”

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

“FINDINGS: The Compliance Officer inspected the Ones and the Young Ones Classrooms and observed that their water cups were stored inaccessible. (Previously cited 7/15/24)”

AAC R9-5-514. C. C. A licensee shall:1. Prepare and date a written fire and emergency plan that contains: a. The location of the first aid kit; b. The names of staff members who have the first aid training required by R9-5-403(E); c. The names of staff members who have the CPR training required by R9-5-403(E); d. The directions for: i. Initiating verbal notification of an enrolled child’s parent by telephone or other equally expeditious means within 30 minutes of a fire or emergency; and ii. Providing written notification to the enrolled child’s parent within 24 hours; and e. The facility’s street address and the emergency telephone numbers for the local fire department, police department, ambulance service, and poison control center; 2. Maintain the plan required in subsection (C)(1) in a location on facility premises that has an operable telephone service or two-way voice communication system that connects the facility with an individual who has direct access to an in-and-out operable telephone service; 3. Post the plan required in subsection (C)(1) in any indoor activity area that does not have an operable telephone service or two-way voice communication system that connects the indoor activity area with an individual who has direct access to an in-and-out operable telephone services; and 4. Update the plan in subsection (C)(1) every 12 months after the date of initial preparation of the plan or when any information changes.

“FINDINGS: Compliance Officer 2 reviewed the accident, emergency and evacuation plan and observed that it had not been updated in more than one year and some of the CPR/1st Aid dates documented on the form were expired.”

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: Compliance Officer 2 inspected the Threes' Classroom and observed that some of the children that were napping were in training pants and they were being cared for in a classroom that was not licensed for diapering.”

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: Compliance Officer 2 reviewed the children's emergency cards and observed the following: The card for Child 1 lacked their doctor's telephone number. The card for Child 2 lacked their doctor's name and telephone number. The cards for Children 3 4 lacked telephone numbers for a second contact (other than their parents).”

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: Compliance Officer 2 reviewed the children's sign in and out logs and observed the following: Child 5 was not signed out on 7/2/24. Child 6 was not signed out on 7/12/24. Child 7 was not signed out with the adult's signature and times only on 7/5/24 and 7/10-7/12/24. Children 8 and 9 were signed in and out with their adult's initial instead of the minimum requirement of their first initial and full last name.”

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: Compliance Officer 2 reviewed the fire permit and observed that it expired on 7/15/23.”

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: Compliance Officer 1 inspected the Infant Classroom and observed that Child 10 was lying in their in crib while wearing a bib.”

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

“FINDINGS: Compliance Officer 1 inspected the Young Ones' Classroom and observed that the water cups were not stored accessible to the children.”

AAC R9-5-501.A.9. A. A licensee shall ensure that:9. If a staff member places an enrolled child in a feeding chair when feeding the enrolled child: a. The feeding chair is constructed to prevent toppling; b. The tray or feeding surface of the feeding chair is smooth and free of cracks; and c. The staff member: i Cleans the feeding chair before and after each enrolled child’s use; ii. Sanitizes the tray or feeding surface before and after each enrolled child’s use; and iii. If the feeding chair was manufactured with a safety strap, fastens the feeding chair’s safety strap while the enrolled child is in the feeding chair;

“FINDINGS: Compliance Officer 1 inspected the Young Ones' Classroom and observed that 2 high chairs were not equipped with straps and they are manufactured for them. A third high chair was observed without straps in the Infant Classroom.”

AAC R9-5-501.A.16. A. A licensee shall ensure that:16. When an enrolled child is napping or sleeping in a room, the room is maintained at a minimum of five foot candles of illumination;

“FINDINGS: Compliance Officer 1 inspected the Threes' Classroom and observed that the classroom was too dark to properly supervise children during nap time; staff that were present agreed that some children's faces were not clearly visible during the inspection.”

AAC R9-5-501.A.19. A. A licensee shall ensure that:19. Except as provided in subsection (A)(20), the following are stored separate from food storage areas and are inaccessible to an enrolled child: a. All materials and chemicals labeled as a toxic or flammable substance; b. All substances that have a child warning label and may be a hazard to a child; and c. Lawn mowers, ladders, toilet brushes, plungers, and other facility equipment that may be a hazard to a child;

“FINDINGS: Compliance Officer 1 inspected the restroom that was located in the Threes' Classroom and observed that a toilet brush was stored accessible.”

AAC R9-5-501.A.21. A. A licensee shall ensure that:21. Except when used as part of an activity, the following are stored in an area inaccessible to an enrolled child: a. Garden tools, such as a rake, trowel, and shovel; and b. Cleaning equipment and supplies, such as a mop and mop bucket.

“FINDINGS: Compliance Officer 1 inspected the Twos' Classroom and observed that a broom, dust pan and mop were stored accessible to the children.”

AAC R9-5-501.C.4. C. A licensee shall ensure that a staff member:4. Except as provided in subsection (D), prepares and posts in each indoor activity area, a current schedule of children’s age-appropriate activities, including the times the following are provided: a. Meals and snacks; b. Naps; c. Indoor activities; d. Outdoor or large muscle development activities; e. Quiet and active activities; f. Teacher-directed activities; g. Self-directed activities; h. Activities for individuals, groups of five or fewer children, and groups of six or more children; and i. Activities that develop small muscles;

“FINDINGS: Compliance Officer 1 inspected the Fours' Classroom and observed that the schedule was not posted.”

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: Compliance Officer 1 inspected the Infant Classroom and observed that a tube of Aquaphor and Honest diaper cream were not labeled with a child's name and/or a parent permission slip was not not on file for use.”

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: Compliance Officer 1 reviewed the Infant Feeding Instructions and observed the following: The instructions for Child 11 lacked page 2. Instructions were not on file for Child 12.”

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: Compliance Officer 1 inspected the diaper changing tables in facility and observed the following: The diapering sink counter in the Twos' Classroom contained a large screw, a yellow rag, an orange rag and a yellow and green sponge/scrubber. The diaper sink counter in the Young Ones' Classroom contained a yellow cloth, a cup with paint brushes, a toy drum with drum sticks, a blue basket, a clear bin, a clear, plastic container, and a yellow container. The diapering sink counter in the Infant Classroom contained a red basket, a roll of tape, and a Sharpie.”

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: Compliance Officer 1 inspected the diaper changing area in the Twos' Classroom and observed that the paper towels were not mounted and the roll was set on the diapering surface.”

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

“FINDINGS: Compliance Officer 1 inspected the diaper changing areas in the Young Ones' and the Twos' Classrooms and observed that they were not equipped with soiled clothing containers. The soiled clothing container in the Infant Classroom was not lined with a bag.”

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: Compliance Officer 1 inspected the diaper changing area in the Young Ones' Classroom and observed that the soiled diaper container was stored accessible to children.”

AAC R9-5-504.3. A licensee providing child care services for 1-year-old and 2-year-old children shall:3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“FINDINGS: Compliance Officer 1 inspected the Ones' Classroom and observed that their books and art supplies were stored inaccessible to the children.”

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: Compliance Officer 1 inspected the restroom located in the Threes' Classroom and observed that it was not equipped with paper towels or soap. The restroom located in the Twos' Classroom was not equipped with paper towels or toilet paper.”

AAC R9-5-516.D. D. A licensee shall maintain the health care provider's written authorization required in subsection (C) on facility premises for 12 months after the date of the written authorization.

“Compliance Officer 1 requested to review the medication authorization consent form for Child 1. The facility director/owner reported that the form was not on site and stated that the form was likely returned to the family with the medication when it expired.”

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

“Per the allegation, based on staff interviews and a facility Corrective Action Form, Child 1 was left in the outdoor activity area on 8/30/23, when their teacher, Staff 3 and fellow classmates returned to their classroom. Child 1 was found by two teachers that were in an adjacent outdoor activity area with the children that they were supervising.”

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.

“Per the allegation, it was determined that the resilient surface in the fall zones of the playground equipment was not a minimum depth of 6". The Compliance Officer Supervisor measured the depth of the wood chips to be 3” in the fall zone of the orange slide and 4” in the fall zone of the green web climber.”

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.

“The Compliance Officer Supervisor reviewed three staff files and noted that Staff 1 and Staff 2 began working prior to receiving their fingerprint clearance cards. Both Staff 1 and Staff 2 started their employment at the center on 3/8/23, and per the Arizona Department of Public Safety's website, their fingerprint card applications were received on 3/31/23.”

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

“Per the allegation, it was determined that water is not accessible to all children when they are in the outdoor activity areas. Per staff interviews, a pitcher of water and cups are taken to the outdoor activity area during outdoor time, but some children must ask their teachers to serve them water and cannot serve themselves.”

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;

“Per the allegation, based on staff interviews and Staff 3's Corrective Action Form, it was determined that Child 1 was left alone on the playground on 8/30/2023, placing their health, safety, or welfare at risk of harm.”

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

“Per the allegation, based on staff interviews and an employee corrective action form, the facility was in a 0 : 1 ratio when Child 1 was left on the playground when Staff 3 and their classmates left the playground to return to their classroom. On the day of the inspection, Compliance Officer 1 further noted that the facility was out of ratio in the Four year old activity area. There was 1 teacher with 15 children including 1 three year old child.”

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.

“The Compliance Officer Supervisor reviewed three staff files and noted that the file of Staff 1 has TB test documentation that is dated 3/20/23, but their start date is documented as 3/8/2023. Staff 2's start date is also documented as 3/8/23 but they had no documentation in their file to verify that they have had a TB test administered.”

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;

“Per the allegation, it was determined that two staff members did not have documentation of their qualifying education in their files. The Compliance Officer Supervisor reviewed three staff files and noted that Staff 1 and Staff 2 did not have documentation of their education in order to qualify as teacher-caregivers nor as assistant teacher-caregivers.”

AAC R9-5-512.A. A. A licensee shall maintain facility premises free of insects and vermin.

“Per the allegation, based on staff interviews, it was determined that there were ants in the infant activity area. A pesticide company was contacted, and treated the area where ants had been present. Staff reported that they had not seen anymore ants since the room was treated.”