Tutor Time Child Care/ Learning Centers

AAC R9-5-605.B.10. B. A licensee shall ensure that:10. Toilet rooms are ventilated to the outside of the building, either by a screened window open to the outside air or by an exhaust fan and duct system that is operated when the toilet room is in use;

“Findings: Based on Compliance Officer #1's observation, the Preschool 2 classroom's toilet room lacked a functioning exhaust fan.”

AAC R9-5-603.E. E. A licensee shall ensure that the following is provided and maintained within the fall zones of swings and climbing equipment in an outdoor activity area:1. A shock-absorbing unitary surfacing material manufactured for such use in outdoor activity areas; or 2. A minimum depth of 6 inches of a non-hazardous, resilient material such as fine loose sand or wood chips.

“Findings: Based on Compliance Officer #1's observation, in the outdoor activity area's west side, there was a 2-inch wide by 1-inch long chunk of resilient surfacing missing near the small slide.”

AAC R9-5-518.C. C. A staff member shall verify the presence of each enrolled child and place a checkmark next to the enrolled child’s name on the list required in subsection (B)(3) for each enrolled child who is present at the following times:1. At the beginning of the field trip or when boarding the motor vehicle, 2. Upon arrival and each hour while at the field trip destination, 3. When preparing to leave the field trip destination or when boarding the motor vehicle to return to the facility, and 4. When reentering the facility at the conclusion of the field trip.

“Findings: Based on facility documentation and Compliance Officer #2's observation, the field trips on 6/6/24, 6/19/24 and 6/27/24 lacked the arrival check, hourly check while at the field trip and leaving the destination.”

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 Compliance Officer #1’s observation, it was determined that the medication for Child #2 lacked 1 of 2 doses of the medication prescribed by the health care provider in the container dispensed by the pharmacy.”

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 #1's observation, it was determined that the following medication authorization forms were incomplete: Child #1 lacked a start date and end date for the dosage period. Child #2 lacked a medication authorization form.”

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, in the Early Head Start classroom, there was a brown colored film behind the faucet of the diaper changing areas sink. In the Toddler 1 classroom, the seam was separating creating a gap on the diaper changing surface. In the Toddler 2 classroom, the seam was separating creating a gap on the diaper changing surface and there was a rust colored stain by the faucet of the diaper changing sink.”

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 observation, in the following rooms, enrolled children's personal products lacked a first and last name as required: Infant room 1: There was 1 tube of ointment without a label. Infant room 2: There were 2 tubes of ointment without labels. Early Head Start Toddler classroom: There was 4 packages of wipes without labels, 1 package of wipes labeled with the first name and last initial, and 1 package of wipes labeled with the first name. Early Head Start Toddler 2 classroom: There was 1 package of wipes labeled with the first name and last initial.”

AAC R9-5-501.A.19. A. A licensee shall ensure that:19. 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 #1's observation, in the Early Head Start Toddler classroom's toilet room, a toilet brush was next to the toilet and accessible to enrolled children.”

AAC R9-5-501.A.18. A. A licensee shall ensure that:18. Each enrolled child’s pacifier is labeled with an identifier that is specific to the enrolled child and maintained in a clean condition;

“Findings: Based on the Compliance Officer #1's observation, in the Early Head Start Infant room, 2 pacifiers were stored with each child's diapering supplies in the diaper changing area.”

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, the following hazards were accessible to enrolled children: Early Head Start Toddlers classroom: There was a hole in the drywall with exposed sharp metal on the east wall next to the window in the kitchen center. Twos 1 classroom: There was chipped drywall with exposed metal that was separating away from the wall by the stairs in the diaper changing area. Preschool 1 classroom: There was broken/missing plastic with sharp edges on the window sill trim along the south wall. There was chipped drywall with exposed metal on the window sill along the south wall.”

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 Licensee lacked documentation of a current violation-free fire inspection report as required.”

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 #1's observation, it was determined that a "Release and Waiver of Liability" agreement dated 11/05/2024 was with Child #2's medication.”

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 facility documentation and Compliance Officer #2’s observation, it was determined that 3 out of 20 enrolled children's Emergency, Information and Immunization Record cards reviewed lacked the following required information: Child #3: The child's parent's signature and written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child. Child #4: The telephone number of the second parent of the child. Child #5: The telephone number of the second parent of the child and the child's telephone number.”

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 facility documentation and Compliance Officer #2’s observation, the staff file for Staff #1 lacked documentation of a high school diploma or high school equivalency diploma and 6 months of childcare experience.”

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, in the Toddler II's classroom, the medication for Child #2 was kept in an unlocked drawer with other enrolled children's ointments rather than locked and separate as required.”

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 the Compliance Officer's observations, it was determined that the medication for Child #2 (medication #2) lacked a pharmacy label on the prescription box. The over-the-counter medication for Child #3 and Child #4 noted an age requirement. The children's ages fell outside the manufacturer's age range and required a doctor's authorization. There was no documentation from the children's health care provider to administer the medication.”

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, it was determined the following medication authorization forms were incomplete: Child #1: Lacked a prescription number for the medication. Child #2: Medication #1 lacked a prescription number for the medication and the dosage or route of administration. Medication #2 lacked the dosage or route and times/frequency of administration.”

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 the Compliance Officer's observations, in the Preschool I, Preschool II, Twos II and Pre-k I classrooms, the flooring was separating and had cracks with visible dirt present in the gaps. Repeat Deficiency, 01/10/2023. In the School-age classroom, there was an area of wet carpet beneath the leaking ceiling in the game center.”

AAC R9-5-503.A.2.a. 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 the Compliance Officer's observations, in the Early Head Start Infant room, the diaper changing surface was 3 feet away from the hand-washing sink rather than next to the hand-washing sink as required. The diaper changing area's hand-washing sinks in the following rooms lacked running water between 86° F and 110° F as required. Infant I room- both sinks 75 degrees Infant II room-both sinks 75 degrees Early Head Start Infant room-68 degrees Toddler I classroom-73 degrees Toddler II classroom-68 degrees Early Head Start Toddler I classroom-74 degrees Early Head Start Toddler II classroom-72 degrees Twos I classroom-74 degrees Twos II classroom-72 degrees”

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 Officer's observations, in the Early Head Start Infant room, 6 cribs lacked a tight-fitting sheet.”

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 the Compliance Officer's observations, in the Early Head Start Toddler 2 classroom, 8 containers of wipes lacked a label with the enrolled child's first and last name. In the Early Head Start Infant room, 6 containers of wipes lacked a label with the enrolled child's first and last name.”

AAC R9-5-501.A.13. A. A licensee shall ensure that: 13. Toys and play equipment, required in this Article, are maintained: a. Free from hazards, and b. In a condition that allows the toy or play equipment to be used for the original purpose of the toy or play equipment;

“Findings: Based on the Compliance Officer's observations, in the Early Head Start Toddler I classroom, there was peeling vinyl with exposed foam on the arms, sides, and seat back of the blue chair. In the Toddler I classroom, there was cracked peeling vinyl with exposed foam on the climbing structure.”

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 School-age classroom, there was water dripping from a hole in the ceiling by the tv in the game center. In the Infant 2 room, there was a 1 inch hole with exposed sharp metal and drywall on the lower half of the north exit door frame.”

AAC R9-5-303.B. B. A licensee shall ensure that the licensed capacity of each indoor activity area or room is posted in that activity area or room.

“Findings: Based on the Compliance Officer's observations, the Pre-school I, Toddler 2, and Early Head Start Toddler 2 classrooms lacked posted room capacities.”

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 the Compliance Officer's observation, in the Pre-k II classroom, 1 out of 12 enrolled children lacked a sheet for their cot.”