The Learning Experience - Palm Valley

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's observation, the diaper changing surface in the Twaddler A classroom had seams along the surface of the table where the caulking was detached and absent.”

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 Compliance Officer's observation, the caulking at the base of the toilets in the Preschool 1B classroom was detaching from the base of the toilet and the flooring beneath, rendering it unsanitizable.”

AAC R9-5-516.B.3. B. If prescription or nonprescription medications are administered, a licensee shall ensure that: 3. A facility director, or a staff member designated in writing by the facility director, does not administer a medication to an enrolled child unless the facility receives written authorization signed by the enrolled child’s parent or health care provider that includes the: a. Name of the enrolled child; b. Type of the medication; c. Prescription number, if any; d. Instructions for administration specifying the: i. Dosage and route of administration; ii. If indicated, starting and ending dates of the dosage period; and iii. Times and frequency of administration; e. Reason for the medication; and f. Date of authorization; and

“Findings: Based on Compliance Officer's observation and review of facility documentation, the medication form for Child #1 lacked the ending date of the dosage period.”

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 Compliance Officer's observation and review of facility documentation, the facility lacked documentation of a current fire permit.”

AAC R9-5-502.C.3.a. C. A licensee shall ensure that: 3. When preparing, using, or caring for an infant's feeding bottles, a staff member: a. Labels each bottle received from the parent with the infant's name;

“Findings: Based on Compliance Officer's observation, there was a bottle in the Infant room that lacked a label.”

AAC R9-5-501.A.18. A. A licensee shall ensure that: 18. 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: Based on Compliance Officer's observation, there was a plunger adjacent to the toilet and accessible to enrolled children in the Preschool 1A classroom.”

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 Compliance Officer's observation, the diapering trash container was accessible to enrolled children in the Twaddler A classroom.”

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 Officers' observations, the paper towel dispenser in the restroom of the Preschool 1B classroom was empty.”

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 Compliance Officers' observations, the diaper trash in the Twaddler A's classroom was accessible to enrolled children.”

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 Compliance Officers' observations, the soiled clothing container in the Twaddler A's classroom lacked a liner.”

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 Officers' observations, there was a wooden block and a plastic paintbrush on the Twaddler A's diaper changing sink surface.”

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 Compliance Officers' observations and review of facility documentation, 6 of 20 facility attendance records reviewed lacked the following required documentation: Child #1: Admission time and release signature for 5/2/25. Child #2: Admission time and signature for 5/1/25. Child #3: Release time and signature for 5/1/25. Child #4: Admission times for 5/1 and 5/2/25; Release time and signature for 5/1/25. Child #5: Admission times for 5/1 and 5/2/25; Release time and signature for 5/1/25. Child #6: Release times and signatures for 5/1 and 5/2/25.”

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 Compliance Officers' observations, the Toddler playground had two, 3 inch tears in the resilient surface near the red slide that created a tripping hazard. Additionally, there was a 2 inch hole in the white, plastic fencing that was sharp to the touch and accessible to enrolled children.”

AAC R9-5-511.E. E. A licensee shall ensure that if an enrolled child is present at the facility during naptime, the licensee:1. Does not permit the enrolled child to lie in direct contact with the floor while napping; 2. Prohibits the operation of a television set in a room where the enrolled child is napping; 3. Ensures naptime accommodations are available for the enrolled school-age child if requested by the enrolled child or the enrolled child’s parent; 4. Requires that a staff member remain awake while supervising the enrolled sleeping child; and 5. Prohibits the enrolled child from napping in an attic or a loft during naptime.

“Findings: Based on Compliance Officers' observations, there was a television set in operating during nap time of the Preschool 2 classroom.”

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 Compliance Officer's observation and information provided by staff and child interviews, Staff #1 (start date 3/7/23) left a scratch and abrasion on Child #1's arm when the child "wasn't listening" after lunch on 12/5/24. Child #1 stated that Staff #1 "hurt me right here" pointing to the right arm near the inner elbow.”

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;

“Findings: Based on Compliance Officer's observation and review of facility documentation, the foreign diploma in the file for Staff #1 (start date 3/7/23) was not translated into English nor evaluated to determine if it is equivalent to a high school diploma.”

AAC R9-5-504.5.c. A licensee providing child care services for 1-year-old and 2-year-old children shall: 5. Ensure that: c. If a child is fed with a bottle, a staff member complies with the requirements in R9-5-502(C)(3); and

“Findings: Based on Compliance Officer's observation, there was a bottle in the 1's room that lacked a label.”

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;

“Findings: Based on Compliance Officer's observation and information provided by staff and child interviews , Staff #1 (start date 3/7/23) scratched and left marks on Child #1's right inner arm when Child #1 was “not listening”.”

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 Officers' observations, there were foam blocks and a plastic toy on the diapering surface of the Toddler A classroom.”

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 Officers' observations, in the Preschool 1A classroom there was a handwashing sink detaching from the wall in the classroom restroom.”

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

“Per Allegation Findings: Based on the Compliance Officers' observations, staff and child interviews, and facility documentation, staff did not supervise children at all times as required. Teachers were not accountable for the actions and whereabouts of the children in their care in the following situations: Per teacher Performance notice: "Another parent brought a child to the front office that was supposed to be in [teacher's] care." Staff stated that children were scared to go into classrooms because of other children hurting them. A child stated, "I don't want [child] because they are going to hurt me." Accident/Incident Reports reviewed: Child #1 had 4 Incident Reports from 4/1/2024-4/23/2024 where they caused harm to other enrolled children by kicking and scratching. Child #2 had 14 Incident Reports from 8/10/2023-6/26/2024 where they caused harm to enrolled children by scratching and biting sometimes breaking skin. Child #3 had 6 Incident Reports from 8/1/2023-6/18/2024 where they caused harm to enrolled children and teachers by punching and throwing objects.”

AAC R9-5-510.B.5. B. A licensee shall ensure that a staff member does not use or permit: 5. Discipline administered to any enrolled child by another enrolled child.

“Findings: Based on the Compliance Officers' observations, facility documentation, and staff interviews, Staff #1 used an enrolled child to discipline another enrolled child. Per facility documentation, "Another teacher came and told me, while outside a child (A) pulled another child's hair, [Teacher] then instructed the child (B) to hit them. The child (B) hit child (A) in the face".”

AAC R9-5-510.A.1. A. A licensee shall ensure that a staff member: 1. Defines and maintains consistent and reasonable guidelines and limitations for an enrolled child’s behavior;

“Per Allegation Findings: Based on the Compliance Officers' observations, staff interview, and facility documentation, on 5/24/24 Staff #1 failed to maintain reasonable guidelines for enrolled children. Staff stated Staff #1 told an enrolled child to hit another enrolled child as a form of discipline. Staff #1 received a Performance Notice for their actions.”

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 #2's observations and facility documentation, the rosters in the following rooms did not reflect the number of children present: **Toddler B: 13 children were present and 14 were on the roster. **Twaddler A: 10 children were present and 9 were on the roster. **Preschool 2B: 9 children were present and 10 were on the roster.”

AAC R9-5-511.E. E. A licensee shall ensure that if an enrolled child is present at the facility during naptime, the licensee:1. Does not permit the enrolled child to lie in direct contact with the floor while napping; 2. Prohibits the operation of a television set in a room where the enrolled child is napping; 3. Ensures naptime accommodations are available for the enrolled school-age child if requested by the enrolled child or the enrolled child’s parent; 4. Requires that a staff member remain awake while supervising the enrolled sleeping child; and 5. Prohibits the enrolled child from napping in an attic or a loft during naptime.

“Findings: Based on Compliance Officer's observation, there was a television set operating during naptime in the Preschool 2b classroom.”

AAC R9-5-511.A. A. A licensee shall provide each enrolled child who naps or sleeps at the facility with a separate cot or mat or a crib that meets the requirements of R9-5-502(A)(8) and ensure that:1. A cot, mat, or crib used by the enrolled child accommodates the enrolled child’s height and weight; 2. A staff member covers each cot, crib mattress, or mat with a clean sheet that is laundered when soiled, or at least once every seven days and before use by a different enrolled child; 3. A clean blanket or sheet is available for each enrolled child; 4. A rug, carpet, blanket, or towel is not used as a mat; and 5. Each cot, mat, or crib is maintained in a clean and repaired condition.

“Findings: Based on Compliance Officer's observation, there was a child laying atop a mat in the Preschool B classroom and the mat did not accommodate the child's height.”

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: Based on Compliance Officer's observation, the diaper changing surface in the Twaddler A's classroom was not located next to the hand-washing sink.”

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's observation, there was a key on the diapering surface of the Prepper 2's classroom, and the caulk on the surface had deteriorated making the surface unable to be sanitized. Additionally the diaper surface in the Toddler B's classroom had pens laying atop the surface.”

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 Compliance Officer's observation, there was a plastic walker in the Infant classroom.”

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: Based on Compliance Officer's observation and review of facility documentation, 10 of 30 Emergency Information and Immunization record cards reviewed lacked the following documentation: Child #1: Date of enrollment. Child #2: Date of enrollment. Child #3: Parent/guardian contact information. Child #4: Parent/guardian contact information. Child #5: Parent/guardian contact information. Child #6: Health care provider's contact phone number. Child #7: Date of enrollment. Child #8: Date of enrollment. Child #9: Parent/guardian contact information; 1 emergency contact's information. Child #10: Parent/guardian contact information.”

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's observation and review of facility documentation, the roster in the Twaddler A classroom reflected the presence of 12 children, however only 11 children were on the roster. Additionally, the roster in the Toddler C classroom reflected the presence of 3 children, however there were actually 6 children present.”

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 Compliance Officer's observation and review of facility documentation, the lesson plan for the Twaddler A classroom was posted for week 1, but lacked the date of the current week.”

AAC R9-5-503.D. D. A licensee shall ensure that a written diaper changing procedure is posted and implemented in each diaper changing area.

“Findings: Based on Compliance Officer's observation and review of facility documentation, the diaper changing procedures were not posted in the diaper changing area of the Twaddler A classroom.”