T.U.S.D.#1 - Kellond Community School

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: While inspecting Classroom 21 the Primary Compliance Officer observed several food items that were in the small, uncovered, garbage can located near the sign in/out area of the classroom.”

AAC R9-5-514. C. C. A licensee shall: 1. Prepare and date a written fire and emergency plan that contains: a. The location of the first aid kit; b. The names of staff members who have adult and pediatric first aid and CPR certification, as required by R9-5-403(E); c. The directions for: i. Initiating verbal notification of an enrolled child’s parent by telephone or other equally expeditious means within 30 minutes of a fire or emergency; and ii. Providing written notification to the enrolled child’s parent within 24 hours; and d. The facility’s street address and the emergency telephone numbers for the local fire department, police department, ambulance service, and poison control center; e. The procedures for evacuation, relocation, shelter-in-place and lockdown, staff and volunteer emergency preparedness training and practice drills, communication and reunification with families, continuity of operations, and accommodation of infants, children with disabilities, and children with chronic medical conditions, as specified in R9-5-301; 2. Maintain the plan required in subsection (C)(1) in a location on facility premises that has an operable telephone service or two-way voice communication system that connects the facility with an individual who has direct access to an in-and-out operable telephone service; 3. Post the plan required in subsection (C)(1) in any indoor activity area that does not have an operable telephone service or two-way voice communication system that connects the indoor activity area with an individual who has direct access to an in-and-out operable telephone services; and 4. Update the plan in subsection (C)(1) every 12 months after the date of initial preparation of the plan or when any information changes.

“Findings: The Primary Compliance Officer observed that the posted Accident and Emergency Plan in Classroom 21 had not been updated since August 01, 2024, and it documented First Aid and CPR dates that were expired.”

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: The Compliance Officer observed electrical outlets that were not covered in the following areas: -Several outlets were not covered in a power strip on the back counter of Classroom 21. -An outlet on the back counter was not covered in Classroom 20.”

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 review of Emergency, Information and Immunization Record (EIIR) cards the Compliance Officers noted the following: -Child 1's card did not document the name and contact number for their physician, it said "United Healthcare". -Child 2's card did not document the name and contact number for their physician, it said "El Rio". -Child 3's card did not document two emergency contacts as required. The only person listed was the child's parent.”

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: The Compliance Officer noted that a current fire inspection was not available to review during the inspection. The most recent fire inspection document expired 07/27/2024. *Please send a current fire inspection report upon receipt*”

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: The Compliance Officer inspected restroom that is located in Classroom 21 and observed urine in toilet.”

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: The Compliance Officer inspected Classroom 21 and observed 1 uncovered outlet on the counter near the Aera Max machine and 1 uncovered outlet under the desk close to the front door.”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that:1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“FINDINGS: The Compliance Officer reviewed the file for Staff 3 (start date 8/14/23) and observed that it lacked a Criminal History Affidavit. A file was not available to review for Staff 2 (start date 2/16/24) and therefore, their Criminal History Affidavit was not reviewed.”

AAC R9-5-401.4. A licensee shall ensure that staff members meet the following qualifications for employment or volunteer service at a facility:4. An assistant teacher-caregiver is 16 years of age or older and provides the licensee with documentation of one of the following: a. Current and continuous enrollment in high school or a high school equivalency class; b. High school or high school equivalency diploma; c. Enrollment in vocational rehabilitation, as defined in A.R.S. § 23-501; d. Employment as a teacher-caregiver aide for 12 months; or e. Service as a volunteer in a child care facility for 12 months;

“FINDINGS: The Compliance Officer reviewed the file for Staff 3 (start date 8/14/23) and observed that it lacked documentation of their education to qualify as an assistant teacher-caregiver, which was the position in which they worked.”

AAC R9-5-402.A. A. A licensee shall maintain a file for each staff member containing:1. The staff member’s name, date of birth, home address, and telephone number; 2. The staff member’s starting date of employment or volunteer service; 3. The staff member’s ending date of employment or volunteer service, if applicable; 4. The name and telephone number of an individual to be notified in case of an emergency; 5. The staff member’s written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis; 6. The form required in A.R.S. § 36-883.02(C); 7. Documents required by R9-5-203; 8. Documents required by R9-5-301; 9. Documents required by R9-5-401, if applicable; 10. If applicable: a. The form required in A.R.S. § 8-804(I), b. Documentation of the submission required in A.R.S. § 8-804 and the information received as a result of the submission, and c. Documentation of training provided by a licensee as required by R9-5-403, if applicable; 11. A copy of any current license or certification required by A.R.S. Title 36, Chapter 7.1, Article 1. or this Chapter; and 12. Documentation of the requirements in A.R.S. § 36-883.02(D).

“FINDINGS: The Compliance Officer requested to review the file for Staff 2 (start date 2/16/24) and per Staff 2 it was their first day working at the site and they did not have a staff file therefore documentation of their personal information, start date, emergency contact, immunization statement/record and Central Registry Clearance Form were not on file for review.”

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: The Compliance Officer was reviewing the sign in and out logs when a man with a security badge entered the room and took Child 1 outside. The Compliance Officer, thinking he was a parent, turned to Staff 1 and mentioned that he didn't sign out Child 1. Staff 1 then stated that the man was an employee of the school who was called to take Child 1 outside to help them with their negative behavior. Therefore, the health and safety of Child 1 was placed at risk of harm when a non-licensed program staff took them outside alone to discipline them.”

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;

“FINDINGS: The Compliance Officer was reviewing the sign in and out logs when a man with a security badge entered the room and took Child 1 outside. The Compliance Officer, thinking he was a parent, turned to Staff 1 and mentioned that he didn't sign out Child 1. Staff 1 then stated that the man was an employee of the school who was called to take Child 1 outside to help them with their negative behavior. Therefore, a staff member of the licensed program did not discipline the child and instead requested a non-licensed program staff to discipline.”

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: The Compliance Officer inspected the restroom that is located in Classroom 21 and observed that the toilet contained unflushed urine and toilet paper.”

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: The Compliance Officer reviewed the children's medications and observed the following: A Medication Consent Form was not on file for Child 2. The Medication Consent Form for Child 3 lacked the start and end date.”

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: The Compliance Officer inspected the classrooms and observed the following: Classroom 20: several outlets on a power strip were not covered and an outlet on the wall where the cots are stored was not covered. Classroom 21: an outlet on the wall next to the air purifier was not covered.”

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: The Compliance Officer reviewed the file for Staff 1 (start date 8/26/23) and observed that it lacked documentation of the submission of their Direct Service Central Registry Clearance form.”

AAC R9-5-301.E. E. A licensee shall, with the exception of individuals listed in subsection (D)(2), ensure that a staff member supervises any individual that is not a staff member who is on facility premises where enrolled children are present.

“FINDINGS: The Compliance Officer reviewed the file for Staff 1 (start date 8/26/23) and observed that it lacked documentation of education which would qualify Staff 1 to work as a teacher-caregiver. Staff 2 (start date 2/16/24) lacked a file for review, therefore documentation of qualifications for Staff 2 were not available to determine qualifications. Staff 1 and Staff 2 were working together and were not supervised by a qualified staff.”

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: The Compliance Officer reviewed the file for Staff 1 (start date 8/26/23) observed that it lacked documentation of their education to qualify as a teacher-caregiver, which was the position in which they worked.”