The Learning Experience

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 allegation findings: Based on the Compliance Officers' observations and staff interviews, it was determined that peanuts were present in the food preparation area, despite the allergy chart identifying a child with a peanut allergy.”

AAC R9-5-510.A.1. A. A staff member shall provide guidance to help children respond to difficult situations. To develop self-regulation, children should receive adult support that is individual to the child and adapts as the child develops internal controls. This process should include: 1. Forming a positive relationship with the child, which occurs when the adult spends time talking to the child, listening to the child, following the child’s lead, playing with the child, and responding to the child’s needs; 2. Base expectations on the child’s developmental level; 3. Establishing and being proactive in teaching and supporting children in learning simple rules; 4. Modifying the learning/play environment to support the child’s appropriate behavior; 5. Creating a predictable daily routine and schedule; 6. Modeling desired behavior; 7. Showing children positive alternatives; 8.Using deliberate redirection, the staff member should encourage the child to use appropriate behavior, and provide positive feedback when the child exhibits the behavior; 9. Individualized positive discipline strategies based on the individual needs of children, such as using a buddy system, individualized schedule, special break, or another applicable positive discipline strategy; and 10. If applicable, a licensee shall develop a written plan with the enrolled child's parent to provide individualized social and emotional intervention supports for the enrolled child that includes methods for understanding the enrolled child's behavior, and developing, adopting, and implementing a team-based positive behavior support plan.

“Per allegation findings: Based on the Compliance Officers' observations and staff interviews, it was determined that the staff failed to model desired behavior with the enrolled children. Staff stated the following: "She uses a dog clicker to redirect the kids to get their attention." "She uses the dog clicker close to the children to get their attention." "I have seen the children cover their ears as the clicker is too loud." "We use it to get their attention."”

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;

“Per allegation findings: Based on the Compliance Officers' observations and staff interviews, it was determined that staff are not using appropriate discipline with the enrolled children. Staff stated the following: "I feel she is rough with the kids and grabs them by their arm." "I have seen her grab the kids and yank them by the wall to line them up." "I have seen her grab and move a child to another area."”

AAC R9-5-501.A.14. A. A licensee shall ensure that: 14. Temperatures are maintained between 68° F and 82° F in each room used by enrolled children;

“Findings: Based on the Compliance Officer's observation, it was determined that the temperature in the Preschool 2 classroom was 66° F as measured using the temperature gun.”

AAC R9-5-510.B.3. B. A licensee shall ensure that a staff member does not use or permit: 3. Abusive, profane, sarcastic language, verbal abuse, threats, or derogatory remarks about the child or child’s family;

“Findings: Per allegation, based interview statements and the Compliance Officers’ observations, Staff told children stories about a ghost named Bob. Statements received through interview: *It’s a secret, Bob only talks to teachers *He (Bob) lives up in the ceiling *He (Bob) makes me scared, I don’t like Bob. *Bob can take my blanket, my sister, and my dad *I don’t like it when Bob stomps *(Staff Name) said they saw Bob in the Preppers *I heard thumping in the bathroom and knocking on the roof *When people scream then Bob gets them *(Staff name) comes in my room and talks about Bob, and the kids get all crazy *Bob comes around to make sure the kids are listening *Both staff and children talk about Bob *Our A/C was getting fixed and workers were on the roof. Staff told kids it was Bob *A parent said that their child told them Bob was going to eat their toes”

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 Officers' observations, the kitchen lacked posted infant feeding instructions.”

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 the Compliance Officers' observations, 1 of the crib mattresses had a loose fitted sheet rather than a fitted sheet as required.”

AAC R9-5-502.A.8.b. A. A licensee providing child care services for infants shall: 8. Provide a crib for each infant that: b. Has a commercially waterproofed mattress; and

“Findings: Based on the Compliance Officer's observations, in the Infant Room, 3 of the crib mattresses were ripped and no longer waterproof and sanitizable.”

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, 4 of 22 emergency cards reviewed lacked the following required information: *Child #1- The child's second parent/guardian's address, the child's health care provider's name and contact telephone number, and the individual to be contacted first in case of an emergency. *Child #2- The individual to be contacted first in case of an emergency. *Child #3- The written instructions of a child’s parent or health care provider for the nutritional and dietary needs of the child. *Child #4- The child's health care provider's name and contact telephone number.”

AAC R9-5-203.G. G. As required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on a review of facility documentation and the Compliance Officer's observations, Staff #1's (DOH 07-17-2025) file lacked the DCS background check results before their starting date of employment. The results were received on 07-21-2025.”

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 Officers' observations, in Twaddler A (2s), the right side of the diaper changing sink counter had a gap causing a build up of dirt and debris.”

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: Per allegation, based on staff statements and the Compliance Officer and the Compliance Officer Supervisor's observations, Staff failed to teach, model, and encourage orderly conduct when redirecting enrolled children. Staff stated the following: *I have heard an aggressive tone, like you can tell they are upset, you can hear frustration when they say, "sit down and be quiet" or "Stop talking, catch a bubble" *A parent would be alarmed if they heard the teacher *I have heard a Staff yelling”

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 allegations, based on staff statements and the Compliance Officer and the Compliance Officer Supervisor's observations, the staff-to-child ratio was not maintained at all times. Staff stated the following: *I am over ratio 2-3 times a week. *Last week I was over ratio for 15-20 minutes. *Before the 2-year-olds moved up, I was over ratio very frequently. *Last week I called daily when I was over ratio and it was 50/50 if someone came to help. *Sometimes I am over ratio for 20-30 minutes. *Sometimes over ratio, like once every two weeks.”

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

“Findings: Per allegation, based on electronic messages with photos, staff statements, and the Compliance Officer and the Compliance Officer Supervisor's observations, there was a wasp nest located on the Toddler playground for seven days. On May 30th at 9:34am, Staff notified the facility leadership team of a wasp nest when they sent an electronic message with a photo of the wasp nest located on the Toddler playground. Staff stated the following: *Yes, there was a nest out there for I think 4 -5 days *(Staff name) saw the wasp nest and sent a text *We couldn't go outside last week because of the wasp nest *There was a wasp nest out there last week *The wasp nest was removed yesterday (6/10/2025) at 6am.”

AAC R9-5-309.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on facility documentation and Compliance Officer #2's observation, the facility lacked a current violation-free fire inspection report as required.”

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: Based on facility documentation and Compliance Officer #2's observation, 5 out of 19 enrolled children's attendance forms lacked the following information: Child #1: A release time and signature for 10/04/2024 and 10/07/2024. Child #2: A release time and signature for 10/01/2024 Child #3: An admission time and signature for 10/7/2024 Child #4 and Child #5: Admission and release signatures were initials only for attendance days in October 2024.”

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 the Compliance Officers' observations and written staff statements, Staff #1 came to work intoxicated. In a signed (08/23/2024) written statement Staff #1 wrote: "I drank the night before (08/21/2024) and the morning of work and came to work intoxicated." In a signed (08/22/2024) written statement Staff #2 wrote: Staff #1 told me that they were still drunk from the night before and the tumbler they had with them contained an alcoholic beverage. Staff #1 worked with enrolled children from 8am-5pm.”

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 Compliance Officer #2's observations, in Toddler A and Twaddler A classrooms, there were two children with a blanket covering their heads during nap time.”

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 the CO's observation, in Twaddler A, the soiled diaper container was accessible to enrolled children.”

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 CO’s observation, in the outdoor activity area, the following hazards were accessible to enrolled children: Preschool Playground: *There was a 4-inch divot with loose granules in the resilient surfacing located near the shade structure.”

AAC R9-5-203.C. C. Except as provided in A.R.S. § 41-1758.03, a licensee shall ensure that each staff member, before starting date of employment or volunteer service, submits to the licensee a copy of the staff member’s valid fingerprint clearance card, front and back, issued under A.R.S. Title 41, Chapter 12, Article 3.1.

“Findings: Based on facility documentation and the Compliance Officer’s (CO's) observation, it was determined that the file for Staff #1 lacked documentation of a copy of the front and the back of a valid fingerprint card. The fingerprint clearance card was validated through the DPS website during the time of the inspection.”

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: Based on facility documentation and the CO’s observation, it was determined that 5 out of 20 enrolled children's attendance forms lacked the following information: Child #1: An admission and release signature (initials only) for attended days in October 2023. Child #2 and Child #4: A release time and signature on 10/04/2023, 10/05/2023, and 10/06/2023. Child #3: A release time and signature on 10/06/2023. Child #5: A release time and signature on 10/04/2023 and10/05/2023.”

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 CO’s observation, in Make Believe Boulevard, there was a shelf with exposed rough wood in the left corner located near the entrance door accessible to enrolled children.”

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 CO’s observation, in Twaddler C, the diaper changing surface was not seamless and smooth. There were nine dime sized holes on the edges of the diaper changing surface.”

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 CO’s observation, in PS1, there was a green floor chair with dark stains.”