Tutor Time Child Care/ Learning Centers

AAC R9-5-605.B.1. B. A licensee shall ensure that: 1. All designated exits, corridors, and passageways that provide escape from the building are unobstructed and unlocked during hours of operation;

“Findings: Based on the Compliance Officer's observations, on the Preschool (3-4s) and Headstart (3-5s) playgrounds, 2 exit gates were locked with a chain lock during hours of operation.”

AAC R9-5-603.B. B. 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 Officer's observations, on the Toddler and Preschool Playgrounds, the rubber surfacing was lifting and peeling, with loose rubber pieces, throughout. On the Toddler playground, there was a yellow bike with a broken rubber handle, exposing sharp metal edges.”

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 Twaddler 1 (2s) and the Toddler 1 (1s), the caulking around the surface of the diaper changing surface had cracks and exposed gaps, and was no longer seamless and sanitizable.”

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 facility documentation and the Compliance Officer's observations, the kitchen lacked documentation of infant feeding plans.”

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 the Compliance Officer's observations, in the Twaddler 1 (2s) and Twaddler 4 (2s) rooms, soiled diapers were disposed of in the restroom's trash cans, and were accessible to enrolled children.”

AAC R9-5-503.A.3.4. 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 4. At least one waterproof, sanitizable container with a waterproof liner and a tight fitting lid for soiled clothing.

“Findings: Based on the Compliance Officer's observations, in the Twaddler 1 (2s), Music and Movement, EHS 3 (3-4s), and Toddler 1 (1s) rooms, the soiled clothing containers lacked a liner.”

AAC R9-5-601.4. A licensee shall comply with the following physical plant requirements, as applicable: 4. Except as provided in subsection (5), when providing child care services for infants or children who require diapering, a diaper changing area that meets the requirements in R9-5-503 is available in each infant room or indoor activity area used by an enrolled infant or child who wears diapers or disposable training pants;

“Findings: Based on the Compliance Officer's observations, in the Twaddler 1 (2s) and Twaddler 4 (2s) class, enrolled children's soiled diapers were being changed in the restroom, rather than in the approved diaper changing area located in the classroom.”

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 the Compliance Officer's observations, in the Toddler 1 (1s) and Kindergarten (4-5s) restrooms, there was a yellow substance in the toilet.”

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 the Compliance Officer's observations, in the Head Start (4s) restroom, there was a plunger stored on the floor next to the toilet, and accessible to enrolled children.”

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 facility documentation and staff statements, staff failed to model and provide appropriate guidance to help children use appropriate behavior. Staff stated the following: * "[Staff #1 name] is not very patient; grabs the children aggressively because they are irritated by the behavior; children cry after [Staff #1 name] picks them up." * "One time outside, [Staff #1 name] grabbed a child (who had pushed another child) by the arms and said to them, "How do you like it?"" * "In July, [Staff #2 name] was aggressive with the children. [Staff #2 name] hollered at the top of [their] lungs at a child for using the bathroom on themselves; [they] threw the child very aggressively on the diaper table." On 7/2/25 a note to the employee's file for Staff #2 noted the following: "You were heard yelling at a child while laying them on the diaper changing table."”

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 staff statements, the licensee failed to ensure staff members do not use or permit the use of physical punishment. Per staff statements, Staff #1 was observed grabbing children aggressively after being irritated by their behavior. Staff #1 grabbed a child by their arms outside after the child had pushed another.”

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;

“Per allegation findings: Based on Compliance Officer's observation and information provided by the staff, Staff #1’s (start date 3/16/21) disciplined Child #1 by picking the child up by the arms in an “excessive” way that left marks on Child #1’s arms.”

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 the staff, Child #1’s health, safety and welfare was placed at risk of harm when Staff # 1 (start date 3/16/21) grabbed Child #1 by the arms, lifting the child with “excessive “ force, “leaving marks” on the child’s arms.”

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 observations, the following diaper changing areas were not maintained in a sanitizable condition: **Infants 1: There was a buildup of white substance in and around the sink. There was a buildup of a red-brown substance to the left of the table and it lacked caulking. The sealant on the table has worn off making it absorbent. The second diaper table had a buildup of dried white residue. **Infants 2: There was a buildup of white residue around the facet and to the right of the table. **Toddler 2: The paint was peeling to the left of the sink. **Toddler 1: There was a buildup of red-brown debris to the right of the sink where the caulking was lifted.”

AAC R9-5-512.C. C. A licensee shall ensure that floor coverings are:1. Clean; and 2. Free from: a. Dampness, b. Odors, and c. Hazards.

“Findings: Based on Compliance Officer #1's observations, the following floor coverings were not maintained in a clean condition: **Toddler 3: The playground exit door threshold had a build-up of a grey and black substance.”

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 observations, in the Infants 2 room, the diaper-changing sink had significantly low water pressure.”

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 Officer #1's observations, three bicycles in the Preschool outdoor area had broken seats.”

AAC R9-5-517.A.10. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:10. Ensure that the motor vehicle is: a. Maintained in a clean condition, b. In a mechanically safe condition, and c. Free from hazards; and

“Findings: Based on facility documentation and Compliance Officer #2's observation, the vehicle with license plate CF0998 used to transport enrolled children had an active incomplete National Highway Traffic Safety Administration (NHTSA) recall notice dated 06/24/2023 and there was no documentation the vehicle was maintained in a mechanically safe condition. Per the NHTSA, the active safety recall was related to risk of vehicle fire due to excessive heat from the circuit of the wire harness.”

AAC R9-5-517.A.9. A. A licensee who transports an enrolled child in a motor vehicle that the licensee owns, or acquires for use by contract, shall:9. Ensure that the motor vehicle has: a. A working mechanical heating system capable of maintaining a temperature throughout the motor vehicle of at least 60° F when outside air temperatures are below 60° F; b. Except as provided in subsection (E), a working air-conditioning system capable of maintaining a temperature throughout the motor vehicle at or below 86° F when outside air temperatures are above 86° F; c. Except as provided in subsection (F), a first aid kit that meets the requirements of R9-5-514(A); d. Two large, clean towels or blankets; and e. Sufficient drinking water available to meet the needs of each enrolled child in the motor vehicle and sufficient cups or other drinking receptacles so that each enrolled child can drink from a different cup or receptacle;

“Findings: Based on Compliance Officer #2's observation, the vehicle with plate CF0998, lacked 1 of 2 towels, there were 4 damaged water bottles under the back seat that were loose on the floor, and the gallon of water in the storage bin had leaked out of the jug.”

AAC R9-5-516.B.4. B. If prescription or nonprescription medications are administered, a licensee shall ensure that:4. A staff member : a. Administers a prescription medication provided by a parent only from a container dispensed by a pharmacy; b. Administers a nonprescription medication provided by a parent for an enrolled child only from a container prepackaged and labeled for use by the manufacturer and labeled with the enrolled child’s name; c. Does not administer any medication that has been transferred from one container to another; and d. Does not administer a nonprescription medication to an enrolled child inconsistent with the instructions on the nonprescription medication’s label, unless the facility receives written authorization from the enrolled child’s health care provider.

“Findings: Based on facility documentation, staff statements, and Compliance Officer #2's observation, it was determined that the medication for Child #1 lacked both doses of the medication as prescribed by the health care provider and dispensed by the pharmacy. Staff stated they “never opened the box to check what was inside” when they accepted it.”

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 facility documentation and Compliance Officer #2's observation, it was determined that the medication authorization form for child #1 lacked the end date for the dosage period.”

AAC R9-5-308.A. A. A licensee shall secure and maintain the following minimum insurance coverage: 1. General facility liability insurance of at least $300,000; and 2. Motor vehicle insurance coverage, required by A.R.S. Title 28, Chapter 9, Article 4, for each motor vehicle provided by a licensee to transport enrolled children.

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the Prescription Medical Treatment: Consent Form (dated 05/10/2024) for Child #1's medication contained a release and waiver of liability agreement.”

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, it was determined that the fire inspection on file expired on 12/11/2024.”

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 observations, there was peeling paint on the North and South walls accessible to enrolled children in the Head Start room.”

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 Compliance Officer #1's observations, the following infant rooms lacked commercially waterproofed mattresses: **Infants 1: 10 of 12 crib mattresses were ripped at the corners and 1 was not commercially waterproof. **Infants 2: 8 of 8 crib mattresses were ripped at the corners.”

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 Compliance Officer #1's observations, the following areas were not maintained in a clean condition: **Toddler 3: The freezer had food debris and dried brown liquid stains. **Preschool 2 & 3: There were white stains around the two handwashing sinks and brown stains around the drinking fountain. **Preschool 3: There were white stains around the two handwashing sinks.”

AAC R9-5-516.F. F. A licensee shall maintain documentation of all medications administered to an enrolled child. 1. Documentation shall contain: a. The name of the enrolled child; b. The name and amount of medication administered and the prescription number, if any; c. The date and time the medication was administered; and d. The signature of the staff member who administered the medication to the enrolled child; and 2. A licensee shall maintain the documentation on facility premises for 12 months after the date the medication is administered.

“Findings: Based on facility documentation and the Compliance Officer's observation, Child #1's medications were administered, but lacked the documentation required when medication is administered to an enrolled child.”

AAC R9-5-605.B.16. B. A licensee shall ensure that: 16. The fire extinguisher required in subsection (A): a. Is serviced at least once every 12 months; and b. Has a tag attached to the fire extinguisher that specifies the date of the last servicing and the identification of the person who serviced the fire extinguisher; and

“Findings: Based on facility documentation and the Compliance Officer's observation, the fire extinguisher outside Early Head Start 3 lacked the required servicing tag.”

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 observation, in Twaddler 1 and Toddler 1, staff members are changing soiled pull-up diapers in the bathroom and not on an approving diapering surface, as required.”

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 Compliance Officer's observation, there was an odor of urine in the Head Start preschool bathroom.”

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 the Compliance Officer's observation, the restroom toilets throughout the facility had a dark brown residue around the toilet bowl above the water line. In the school-age room, the west bathroom toilet was clogged.”

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 facility documentation and the Compliance officer's observations, two prescription medications lacked the following: There were no medication authorization forms for Child #1's prescription medications.”

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 observation, in the Head Start Preschool room, the cord from the window blinds was unsecured and dangling down within reach of the enrolled children.”

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 Facility documentation and the Compliance Officer's observations, personal products such as diaper creams, wipes, and lotion were not labeled as required, including: Infants- a package of wipes was labeled with only a child's first name, and a diaper cream was labeled with initials. Twaddler 2- one diaper cream lacked a child's name, two diaper creams were labeled with only a first name, and one was labeled with a child's first name and last initial. Toddler 1- a bottle of lotion was not labeled with a child's name.”

AAC R9-5-516.B.4. B. If prescription or nonprescription medications are administered, a licensee shall ensure that: 4. A staff member : a. Administers a prescription medication provided by a parent only from a container dispensed by a pharmacy; b. Administers a nonprescription medication provided by a parent for an enrolled child only from a container prepackaged and labeled for use by the manufacturer and labeled with the enrolled child’s name; c. Does not administer any medication that has been transferred from one container to another; and d. Does not administer a nonprescription medication to an enrolled child inconsistent with the instructions on the nonprescription medication’s label, unless the facility receives written authorization from the enrolled child’s health care provider.

“Findings: Based on facility documentation and the Compliance Officer's observation, three over-the-counter medications lacked doctor's notes.”

AAC R9-5-516.H. H. Except as provided in subsection (J), a licensee shall ensure that prescription and nonprescription medications are stored as follows: 1. An enrolled child’s medication is kept in a locked, leak-proof storage cabinet or container that is used only for storing enrolled children’s medications and is located out of reach of children; 2. Medication for a staff member is kept in a locked, leak-proof storage cabinet or container that is separate from the storage container for enrolled children’s medications and is located out of reach of children; and 3. Medications requiring refrigeration are kept in a locked leak-proof container in a refrigerator.

“Findings: Based on the Compliance Officer's observation, Child #1's prescription medication was kept in a drawer with other children's diaper creams and not in a container only used to store medication, as required.”