The Learning Experience - Chandler - Ocotillo

AAC R9-5-301.E. E. A licensee shall ensure that a staff member supervises any individual who is not a staff member who is on facility premises where enrolled children are present.

“Findings: Based on the Compliance Officer's observation, it was determined that a non staff member was not supervised by a facility staff member.”

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 review of facility documentation, it was determined that there were 11 children present on the playground but the roster reflected the presence of 12 children.”

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. The use of physical punishment including: a. Hitting, spanking, shaking, slapping, twisting, pulling, squeezing, or biting; b. Demanding excessive physical excercise or excessive rest; and c. Forcing a child to eat or consume soap, food, or foreign substances;

“Findings: Per allegation, based on a review of pictures, written statements, facility documentation, staff statements, and the Compliance Officer's observations, Staff #1 claimed to be frustrated with a child's temperament during nap time, and squeezed the enrolled child aggressively, leaving multiple red marks/bruises in an attempt to get the child to nap. Staff stated: *The parents called the facility after the child was picked up and questioned the multiple red marks on the child, and described them as being on every limb. *It appeared to be nail-shaped marks. *The director talked to staff members in the room, and Staff #1 initially stated that the marks were already there. *When asked in private a second time, Staff #1 admitted to being frustrated and overwhelmed because the child was struggling to fall asleep. *Staff #1 was not alone with the children at the time of the incident. There were other staff members present, and they noticed that Staff #1 said, Ow, (child's name) is pinching me, and proceeded to squeeze the child harder.”

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, based on a review of pictures, written statements, facility documentation, staff statements, and the Compliance Officer's observations, the health, safety, and welfare of an enrolled child was placed at risk of harm when Staff #1 left multiple bright red marks/bruises on the child's body when the staff squeezed the child. Staff stated: *It looked like marks left by adult nails. *Staff #1 was initially reluctant and refused any involvement in the child's bruising, and later admitted to being frustrated with the child's temperament. *Staff #1 was not alone in the classroom at the time of the incident, and the additional staff member noticed that Staff #1 was growing frustrated with that child during naptime and squeezed the child a little harder when the child was struggling to fall asleep.”

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 staff statements and the Compliance Officer's observation, it was determined that the facility failed to maintain staff-to-child ratios at all times. Staff Stated: The other day, we had 2:17 with 1's present from 8:30-8:45 ish. It happens 1 time a month or every other month. For maybe 2 minutes at 1 teacher, then the 2nd teacher will come in. 2-teacher class when the 9th showed up before the staff did. Management comes as soon as they can when we go out of ratio. Once every few months. Yes, in the mornings when kids keep rolling in, double ratio sometimes. The longest I've been out of ratio was 10 minutes. I have had 12-13 alone.”

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 a review of facility documentation and the Compliance Officer's observations, 6 of 10 reviewed Emergency, Information, and Immunization Records lacked the following required information: *Child #1- The name and contact telephone number of at least two emergency contact individuals, the contact telephone number of the child’s health care provider, and the written instructions of the child’s parent or health care provider for the nutritional and dietary needs of the child. *Child #2 and Child #4- The name and contact telephone number of the child’s health care provider. *Child #3- The name of the individual to be contacted in case of an emergency, the written instructions of the child’s parent or health care provider for the nutritional and dietary needs of the child, the parent/guardian's signature, and date. *Child #5- The date of the child's enrollment. *Child #6- The last name of the child, the name and contact telephone number of the child’s health care provider, the child's date of birth, and the name of the individual to be contacted in case of an emergency.”

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 observations, in the 2's room, the faucet was not attached to the hand-washing sink in the bathroom.”

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. Posts the current written dietary instructions in the infant room and the kitchen and maintains the instructions on facility premises for 12 months after the date of the instructions; and

“Findings: Based on the Compliance Officer's observations, the kitchen lacked current infant feeding instructions posted.”

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, in the 3's room, the toilet tank's lid was cracked, and at the base of the toilet, there was a hole with rust.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains: 1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on the Compliance Officer's observations, in the 1's room, there were lifting corners, exposing gaps around the diaper-changing sink.”

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: Based on video evidence and the Compliance Officers' observations, Staff #1 was aggressively bouncing an enrolled infant in a rocking bouncer seat.”

AAC R9-5-510.B.1. B. A licensee shall ensure that a staff member does not use or permit: 1. The use of physical punishment including: a. Hitting, spanking, shaking, slapping, twisting, pulling, squeezing, or biting; b. Demanding excessive physical excercise or excessive rest; and c. Forcing a child to eat or consume soap, food, or foreign substances;

“Findings: Per Allegation: Based on video evidence and the Compliance Officers' observations, through video observation Staff #1 grabbed an enrolled child by their onesie to restrain the child in the rocking bouncer seat. Staff #1 also pushed the child's head back by the forehead to keep the child in place.”

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 review of facility documentation, it was determined that the roster was not accurate in the Infant classroom. There were 11 children present in the classroom, but the roster reflected he presence of only 10 children.”

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: Based on the Compliance Officer's observation, it was determined that there were 2 uncovered outlets on a surge protector in the Preschool 1A classroom that were accessible to the enrolled children.”

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 the Compliance Officer’s observation, it was determined that the roster in the Twad A classroom did not reflect the number of children present (8 children present, 10 children listed on the roster). It was determined that the roster in the Twad B classroom did not reflect the number of children present (6 children present, 5 children listed on the roster). It was determined that the roster in the Twad C classroom did not reflect the number of children present (14 children present, 9 children listed on the roster).”

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: Based on facility documentation, staff statements, and the Compliance Officer’s observation, it was determined that child-to-staff ratios were not maintained at all times at the facility. Staff stated that child-to-staff ratios were not maintained due to the facility's lack of staff members. During the inspection, on the playground, the Twaddler C class ratio was 1:14 instead of 2:14 as required for 2-year-old 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: Based on Compliance Officer #1's observation, in the Preschool 1A Toilet Room, the sink faucet lacked caulking and was loose and movable.”

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

“Findings: Based on the Compliance Officers' observations, the following outside activity areas were not maintained free from hazards: *Soccer Field: The poles on the Northeast side of the field had lifting turf and the resilient surfacing on the small basketball court was cracked along the edges. *Infant/Toddler Playground: There was lifting turf through the activity area.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on Compliance Officer #1's observation, in Twaddler C Room, there was an iPad playing music on the diaper-changing surface.”

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: Based on Compliance Officer #1's observations, the following rooms had personal items that lacked the required labeling: *Twaddlers A Room: 3 packs of wipes and 1 diaper cream lacked a child's last name. *Twaddlers B Room: 1 pack of wipes lacked a child's last name. *Twaddlers C Room: 1 pack of wipes lacked a child's last name.”

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 Compliance Officer #2's observation, it was determined that the following staff files lacked documentation of the submitted DCS Registry form before the date of hire: *Staff #1, Staff #3, Staff #4, Staff #5, Staff #6, and Staff #7 lacked the submission form. *Staff #8's submission form was completed after the date of hire on 12/31/2024.”

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 facility documentation and Compliance Officer #2's observation, it was determined that the following staff files lacked verification of staff fingerprint clearance cards before the date of hire: *Staff #1's and Staff #2's fingerprint clearance cards were verified on their date of hire on 12/18/2024. *Staff #3's fingerprint clearance card was verified after their date of hire on 12/26/2024.”

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

“Findings: Based on Compliance Officer #1's observation, in the Twaddler C Room, there was a shelf that had a 2-inch by 2-inch triangular chip on the top that exposed rough raw wood 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 CO's observations, the following activity areas were not maintained free from hazards and accessible to enrolled children: **Preschool 1A - Exposed screw at the baseboard in children's restroom **Make Believe - Peeling paint near the door frame in children's restroom; loose light fixture in "Lucy's Diner"”

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: Based on CO's observations and a review of facility documentation, the lesson plans in Toddler B, Preschool 1A, and Preschool 1B were dated January 22 - 26. Toddler A lacked a posted lesson plan.”

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: Based on CO's observations, enrolled children's personal products lacked the child's name: **Toddler B - Wipes labeled with a first name and last initial **Twaddler B - Wipes labeled with first name and last initial or not labeled with a name; ointment not labeled with a name”

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

“Findings: Based on CO's observations, 5 of 15 crib sheets were loose and not fitted to the size of the mattress.”

AAC R9-5-503.A.1. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:1. A nonabsorbent, sanitizable diaper changing surface that is: a. Seamless and smooth, and b. Kept clear of items not required for diaper changing;

“Findings: Based on CO's observations: **Toddler A - Bottle of Instant hand antiseptic on the diaper changing surface **Toddler B - Toys, plastic bins and a marker on the diaper changing surface **Twaddler B - Unsealed gaps around the perimeter of the diaper changing surface”

AAC R9-5-503.A.3. 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

“Findings: Based on CO's observations, in Toddler A, the soiled diaper container lacked a waterproof liner.”

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: Based on CO's observations, in Toddler A, the soiled clothing container lacked a tight-fitting lid.”

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: Based on CO's observations, in Toddler A and Twaddler A, the soiled diaper containers were accessible to enrolled children. In addition, in Twaddler A, there was a used pull-up in the children's restroom garbage can, accessible to enrolled children.”

AAC R9-5-509.C.14. C. A licensee shall ensure that:14. Each staff member is informed of a modified diet prescribed for an enrolled child by the child’s parent or health care provider, and the modified diet is posted in the kitchen and in the child’s activity area;

“Findings: Based on CO's observations and a review of facility documentation, the Make Believe room lacked a posting of enrolled children's modified diets.”

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 CO's observations, in the Infant and Toddler A rooms, the refrigerators had food debris on the door shelves. There was also a dried, white substance on the bottom food tray in the Infant room.”

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 Compliance Officer's (CO) observations and a review of 8 staff files, Staff #1 (DOE 10/12/2023) lacked documentation of submission to DCS to complete a background check.”

AAC R9-5-301.I. I. At least once a month, and at different times of the day, a licensee shall ensure that an unannounced fire and emergency evacuation drill is conducted and each staff member and enrolled child at the facility participates in the fire and emergency evacuation drill. 1. If child care services for a child with special needs are provided at a facility, the licensee shall provide for the enrolled child’s participation in each fire and emergency evacuation drill according to the enrolled child’s individualized plan as specified in R9-5-507(A)(1). 2. A licensee shall document each fire and emergency evacuation drill and maintain the documentation on facility premises for 12 months after the date of the fire and emergency evacuation drill.

“Findings: Based on CO's observations and a review of facility documentation, a fire drill was not conducted in October 2023.”

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 CO's observations, in Twaddler A, the health, safety, or welfare of an enrolled child was placed at risk of harm when a napping child's head was covered with a blanket.”

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: Based on CO's observations, water was not accessible to enrolled children in Toddler B and [name]”

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: Based on CO's observations, cleaning equipment was accessible to enrolled children in the following activity areas: **Preschool 1A - dust pan behind children's restroom door **Preschool 1B - broom in children's restroom”