The Kids Academy

AAC R9-5-512.F.4.5. F. A licensee shall ensure that: 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;

“Findings: Based on the Compliance Officer's observation, it was determined that there was uncovered food waste in a trash can in the 4's classroom.”

AAC R9-5-302. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following: 1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Guidelines for positive discipline reflective of age-appropriate methods for children that include clear, appropriate, consistent expectations; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services; and 19. Policies and procedures for suspension and expulsion of children to include clear, appropriate, consistent expectations, including suspension and expulsion prevention strategies.

“Findings: Based on the Compliance Officer's observation and review of facility documentation, it was determined that the written statement of child care services lacked the policies and procedures for suspension and expulsion of children.”

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 observation and review of facility documentation, it was determined that 7 out of 10 enrolled children's Emergency, Information, and Immunization Record cards reviewed were incomplete and lacked the following required information: Child #1, Child #2, Child #3, Child #4, Child #5, Child #6, and Child #7: The email address of the child's parents.”

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

“Findings: Based on the Compliance Officer's observation, it was determined that there was a strong smell of urine in the 3's restroom.”

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

“Findings: Based on the Compliance Officer's observation, it was determined that there were ants on the north side of the toddler playground.”

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

“Findings: Based on the Compliance Officers' observations, 6 children were present in the one-year-old room but the roster listed the names of only 3 children as present.”

AAC R9-5-502.C.4.h. C. A licensee shall ensure that: 4. When feeding an infant, a staff member: h. If an infant is no longer being held for feeding, seats the infant in a feeding chair or at a table with a chair that allows the infant to reach the food while sitting.

“Findings: Based on one of the Compliance Officer's observation, a child in the infant room who was on the floor was observed drinking from a bottle.”

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 2.2, 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 Officers' observations and on a discussion with the Owner/Director, the parent posting board listed the name of the previous Co-director. The Owner stated the Co-director resigned on 8/28/25.”

AAC R9-5-401.1. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility: 1. A facility director is 21 years of age or older and provides the licensee with documentation of one of the following: a. At least 24 months of child care experience, a high school or high school equivalency diploma, and: i. Six credit hours or more in early childhood, child development, or a closely-related field from an accredited college or university; or ii. At least 60 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in early childhood, child development, or a closely-related field, and an additional 12 hours of instruction, provided in conferences, seminars, lectures, or workshops in the area of program administration, planning, development, or management; b. At least 18 months of child care experience and: i. An N.A.C., C.D.A., or C.C.P. credential; or ii. At least 24 credit hours from an accredited college or university, including at least six credit hours in early childhood, child development, or a closely-related field; c. At least six months of child care experience and an associate degree from an accredited college or university in early childhood, child development, or a closely-related field; or d. At least three months of child care experience and a bachelor degree from an accredited college or university in early childhood, child development, or a closely-related field;

“Findings: Based on the Compliance Officers' review of Staff #1 file (DOE 9/5/25- Co-Director) the file contained documentation of the staff's high school diploma but only 45.25 of the 72 hours of required training hours in early childhood, child development, or a closely-related field.”

AAC R9-5-308.A. A. A licensee shall secure and maintain the following minimum insurance coverage: 1. General facility liability insurance of at least $300,000; and 2. Motor vehicle insurance coverage, required by A.R.S. Title 28, Chapter 9, Article 4, for each motor vehicle provided by a licensee to transport enrolled children.

“Findings: Based on the Compliance Officers' observations and on a discussion with the Owner/Director, the facility is using a Waiver that is signed by parent's that states, "Release and Waiver: In consideration for the childcare services provided by the Kids Academy, I knowingly and freely assume all risks associated with my child's participation in their childcare program and therefore hereby release, waive and discharge and agree that I will not institute, prosecute or pursue any and all complaints, claims, charges, claims for reliefs, demands, suits, actions and causes of action". The owner/Director acknowledged use of this form.”

AAC R9-5-306.A. A. A licensee shall: 1. Maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release, and the parent or staff member's signature or other unique identifier. 2. If an electronic signature is used to admit or release the enrolled child, adopt policies and procedures to ensure that the individual whose signature the electronic or digital method of identification represents is accountable for the use of the electronic or digital method; 3. Develop, document, and implement policies and procedures to ensure that the identity of an individual is known to the staff member or is verified with picture identification before releasing an enrolled child to the individual. 4. Not release the enrolled child to an individual other than the enrolled child’s parent or other individual designated in writing by the enrolled child’s parent except when the enrolled child’s parent is unable to collect the enrolled child and authorizes the licensee by telephone to release the enrolled child to an individual not so designated. 5. Not permit the self-admission or self-release of an enrolled child unless the enrolled child is of school-age and the licensee has obtained and verified written permission from the enrolled child’s parent. 6. Maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on the Compliance Officer's review of 20 children's attendance records, 5 of the attendance records lacked the following information: *Child 1-a release time and the line was blank on 8/12/25 and 8/13/25; *Children 2 & 3- a release time and the line was blank on 8/8/2025; *Child 4- a release time and the line was blank on 8/4/25; and *Child 5- a release time and the line was blank on 8/14/25.”

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

“Findings: Based on the Compliance Officer's observation, the sewer floor drain in the 2 year old room's bathroom was covered with strips of gray duct tape. When the duct tape was removed, 2 squares of the floor tile were missing, exposing the subfloor. The sewer floor drain in the 3 year old room's bathroom was covered with strip of duct tape. The duct tape and the subfloor are not waterproof and sanitizable. *Previously cited in August 2024.”

AAC R9-5-512.F.8.9. F. A licensee shall ensure that: 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 and on a discussion with the Co-Director, one of the toilets in the 3-year-old room's bathroom was wrapped in plastic. The Co-Director stated it was clogged. When the Co-Director flushed the toilet feces was in the bowl.”

AAC R9-5-502.B.3. B. A licensee providing child care services for infants shall not: 3. Permit an infant to use a walker; or

“Findings: Based on the Compliance Officer's observation and on a discussion with infant room staff, a 4-wheeled walker was observed in the infant room. The staff stated that a parent had brought it to the center for their infant to use to help the infant learn to walk.”

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: Based on Compliance Officer #1's and #2's observations, Staff #2 was overheard speaking harshly to a 2 year old child in the room next to where the Compliance Officers were working. Staff #2 was heard saying “I don’t care what you want” in a harsh, loud tone. Staff #2 acknowledged speaking to the child in a harsh tone and stated the child had been trying to hit other children.”

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 Compliance Officer #1's and #2's observations, the staff-to-child ratio was 1:7 in the 2-year-old room, with a required ratio of 2:7, due to a one-year-old child who was present.”

AAC R9-5-404.C.3. C. A licensee shall ensure that:3. When six or more enrolled children are present in a facility, an infant is not placed for supervision with a child who is not an infant.

“Findings: Based on Compliance Officer #1's observation and on a discussion with staff, a non-walking child was observed in the 1-year-old room. Staff acknowledged the child was not able to walk and staff stated the child was 13 months old. The Compliance Officer explained to the staff and the Director, by definition, the child was an infant and was required to be placed in the infant room and could not be mixed with non-infants. This same child was observed earlier in the 2-year-old room when there were 20 children present in the facility.”

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 Compliance Officer #1's observation, 4 children were present in the 1 yr old room but the roster listed the names of 5 as present.”

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, interview with staff, a review of the facility documentation, including the incident report and emails regarding the incident and on a discussion with the Assistant Director, it was determined the child sustained an injury in the classroom, when the child put their arm between the post and the wall of the door in the classroom, and then fell off the chair. The injury resulted in a broken arm that required outside medical treatment. The Assistant Director acknowledged that the information regarding the necessary outside medical treatment from the child's healthcare provider had not been documented after the licensee had been informed of the outside medical care.”

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 and on a discussion with Licensee/Director, the sewer drains in the bathroom of the 1 year old room, the 2 year old room and the 3 year old room were covered with multiple strips of duct tape and the duct tape was dirty.”

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 observation and on a discussion with the infant room staff, 2 of the written infant feeding instructions lacked the following required information: *Child 1- the form stated it was last updated in February 2024. The staff stated the child was eating puréed food but the form only listed the feeding instructions and amount to be fed of formula and oats; and *Child 2- The form lacked the amount of food to be fed.”

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, in the 3's and up room, there were 11 children present and 13 children were marked on the roster.”

AAC R9-5-509.C.15. C. A licensee shall ensure that:15. The food served to an enrolled child is consistent with a modified diet prescribed for the child by the child’s parent or health care provider;

“Findings: Based on a review of facility documentation and staff statements, the food served to an enrolled child on 6/7/2024 was not consistent with a modified diet prescribed for the child by the child’s parent. Staff stated the following: *Child #1 was served a food component that was listed as an allergy on the posted allergy chart, and Child #1 did not consume the food.”

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 Officers' observations, it was determined that staff members failed to ensure that the health, safety and welfare of enrolled children was placed at risk of harm during naptime, when an enrolled child was observed sleeping with a blanket covering their face. Staff were unable to observe the sleeping child’s face.”

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 interviews, staff members failed to supervise enrolled children at all times. Staff stated the following: *I did not see Child #1 put a rock up their nose. *Child #1 came up to me and was scratching their nose. Child #1 kept pointing at their nose. When I looked at their nose, I realized there was a rock up Child #1's nose.”