The Kingman Gingerbread House

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

“Findings: Per allegation and based on video footage, staff statements, facility documentation, and the Compliance Officer’s observations, the health, safety, or welfare of an enrolled child was placed at risk of harm when a child remained on the playground alone as their class re-entered the facility. The child then ran across the playground and climbed over 6 foot chain link fence and exited the playground into the street next to the facility. A police officer return the child to facility 20 minutes later. Staff stated the following: *The child has run away from their other school before. *The child told the officer they were allowed to walk home on Tuesdays. *The child hid on the playground and waited until all staff were inside before jumping the gate.”

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

“Findings: Per allegations and based on video footage, staff statements, and the Compliance Officer’s observations, the facility did not supervise enrolled children at all times when a child climbed a chain link fence and exited the playground alone. Staff were unaware that the child had hid on the playground, climbed the gate, and did not re-enter the facility with the rest of the class. Staff stated the following: *Staff based their count of children on memory, but another child had been dropped off in the meantime. *Staff did not realize the child hid behind the toy box. *Staff did not realize the child was not in the class until the police officer brought the child back.”

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

“Findings: Per allegation and based on video footage, staff statements, and the Compliance Officer’s observations, the staff to child ratio was 0:1, when the children returned inside, a child remained on the playground alone, climbed the chain link fence, and exited the playground. Staff stated the following: *The child hid behind the toy box when we went inside. *The child jumped the gate and was on the street alone next to the facility. *The police officer brought the child back to the facility when they saw the child walking alone.”

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: The Compliance Officer observed that the fall zones of several slides on the main outdoor activity area had between 2 and 4 inches of resilient material. There was no documentation that the movable slides on the toddler’s outdoor area had the required resilient material in the fall zones.”

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

“Findings: The Compliance Officer reviewed 7 staff files. Staff 1’s start date is 2/20/24 and staff 1’s fingerprint clearance card was issued on 4/19/24. Staff 2’s start date is 4/25/24 and staff 2’s fingerprint clearance card was issued on 5/21/24.”

AAC R9-5-502.A.5.b. A. A licensee providing child care services for infants shall:5. Develop, document, and implement tummy time policies and procedures that: b. Ensure a staff member who is supervising a non-crawling infant while the infant is flat on their stomach and on the floor: i. Is within reach of the infant; ii. Does not perform any other duties while supervising the infant; iii. Does not allow the use of pillows, comforters, sheepskins, stuffed toys, or other soft products in the same floor space as the infant; and iv. Does not allow any product specified in subsection (A)(5)(b)(iii) to be within reach of the infant;

“Findings: The Compliance Officer observed that a child was on their tummy on the floor in the infant room and a staff member was not on the floor with the infant and the staff member was not within reach of the infant. There was also a soft pillow within the same floor space used for tummy time. The staff member was also attending to other infants in bouncy chairs in the tummy time area.”

AAC R9-5-501.C.5. C. A licensee shall ensure that a staff member:5. Except as provided in subsection (D), prepares and posts a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Findings: The Compliance Officer observed that the front 5's and up classroom lacked a posted lesson plan.”

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;

“Based on a review of the personnel files, it was determined that the personnel record for staff 1 lacked documentation of education requirements listed in rule.”

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

“Based on an observation, metal stakes and the metal base of the slide and riding equipment were observed exposed on the outdoor area.”

AAC R9-5-502.A.5.b. A. A licensee providing child care services for infants shall:5. Develop, document, and implement tummy time policies and procedures that: b. Ensure a staff member who is supervising a non-crawling infant while the infant is flat on their stomach and on the floor: i. Is within reach of the infant; ii. Does not perform any other duties while supervising the infant; iii. Does not allow the use of pillows, comforters, sheepskins, stuffed toys, or other soft products in the same floor space as the infant; and iv. Does not allow any product specified in subsection (A)(5)(b)(iii) to be within reach of the infant;

“Based on an observation, soft pillows used for propping infants were observed under a crib in the infant classroom.”

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

“Based on an observation during the inspection, an enrolled child was observed standing on "play kitchen" equipment and on the classroom's bookshelf in the preschool classroom A 2-year-old was observed standing on a bookshelf when the compliance officer entered the 2-year-old A classroom.”

AAC R9-5-501.A.4. A. A licensee shall ensure that: 4. An enrolled child is placed in an age-appropriate or developmentally-appropriate group;

“Based on an observation, a school age child was observed in the 1-year-old classroom.”

AAC R9-5-502.A.8.a. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: a. Has bars or openings spaced no more than 2-3/8 inches apart and a crib mattress measured to fit not more than 1/2 inch from the crib side;

“Based on observation, 2 crib mattress were observed rolled up on the edges, creating a gap from the side of the crib larger than 1/2 inch.”

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.

“Based on observation, the sand measured less than 6 inches in the fall zones of the slides and climbing equipment”

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 observation, food particles, dirt and other debris was observed on the floors, carpet and walls.”