Tutor Time Child Care/Learning Centers

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.

“Findings: Per allegation, based on a review of facility documentation, staff statements, and the Compliance Officers' observations, staff members were interacting inappropriately with enrolled children as a form of discipline. Staff stated: *2 staff members were observed rough-handling children. *The child was near the diaper-changing table when Staff #1 walked up to the child, picked the child up by the arms, lifted the child, dropped the child to the floor, and walked away while the child was visibly distressed. *Staff #2 moved a cot while the child was on it, the child slid off the cot, and hit their head. *Staff #2 was observed snatching toys out of children's hands and often yelled at the enrolled children.”

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 a review of facility documentation, staff statements, and the Compliance Officers' observations, the health, safety, and welfare of enrolled children were placed at risk of harm when Staff #1 lifted the child by the arms in the air. The child was dangling in the air, and Staff #1 dropped the child. Staff #2 was observed moving a cot while an enrolled child was on it, causing the child to fall off it and hit their head. Staff stated: *2 staff members were observed rough-handling children. *Staff #1 was observed on camera, by a parent, lifting the child and then dropping the child to the floor. *Staff #1 walked away and did not attend to the distressed child. *Staff #2 was moving a cot, and the child fell off and hit their head.”

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 facility documentation and the Compliance Officer’s observation, it was determined that 6 out of 25 enrolled children's Emergency, Information, and Immunization Records reviewed lacked the following required information: Child #1: The date of enrollment, the name, home address, city, state, zip code, and contact telephone number of the 2nd parent of the child, and the name and contact telephone number of the child’s health care provider. Child #2: The name and contact telephone number of a 2nd individual 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. Child #3: The date of enrollment, the name and contact telephone number of the child’s health care provider, and the name of the individual to be contacted in case of injury or sudden illness of the child. Child #4: The name and contact telephone number of a 2nd individual 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, and the name and contact telephone number of the child’s health care provider. Child #5: The date of enrollment. Child #6: The contact telephone number of a 2nd individual 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. ***Previously Cited 01/03/2025”

AAC R9-5-305.C. C. A licensee shall attach an enrolled child’s written immunization record or exemption affidavit, required in subsection(A), to the enrolled child’s Emergency, Information, and Immunization Record, required in R9-5 304(B).

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that Child #1, Child #6, Child #7, Child #8, and Child #9 lacked a written immunization record.”

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 the Compliance Officer’s observation, it was determined that the Licensee lacked documentation of a violation-free fire inspection report as required. The fire inspection report did not have any corrections noted or indicate that a reinspection had been conducted. ***Previously Cited 04/23/25”

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 child educator 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 if working with enrolled children five years old and younger, or three months of child care experience if working with school-aged children; 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 the facility documentation and the Compliance Officer's observation, it was determined that files for Staff #4 (DOE-03/07/2025) and Staff #5 (04/21/2025) lacked documentation of an evaluated diploma issued in a foreign country that is equivalent to a high school diploma in the United States.”

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: Based on facility documentation and the Compliance Officer’s observation, it was determined that the files for Staff #4(DOE-03/07/2025) and Staff #5 (DOE-04/21/2025) lacked documentation of 2 good-faith effort professional references. The files Staff #3 (DOE-06/16/2025) and Staff #6 (DOE-09/22/2025) lacked documentation of 1 good-faith effort professional references.”

AAC R9-5-501.B.6. B. A licensee shall ensure that a staff member: 6. For enrolled children five-years or younger, and except as provided in subsection (C), prepares, posts, and implements 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 facility documentation and the Compliance Officer’s observation, it was determined that all of the facility classrooms lacked documentation of a current lesson plan. The lesson plans were dated for Dec 15-19th.”

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 observation, in the Infant classroom, 4 crib mattresses had tears in the corners and edges, making them no longer waterproof as required.”

AAC R9-5-502.C.1.lk. C. A licensee shall ensure that: 1. A staff member providing child care services in an infant room: k. Obtains written, current, and dated dietary instructions from a parent or health care provider regarding the method of feeding and types of foods to be prepared or fed to an infant at the facility;

“Findings: Based on facility documentation and the Compliance Officer's observation, it was determined that the Infant feeding instructions lacked the following: Child #10, Child #11, Child #12, Child #13, and Child #14: Lacked the amounts and times of food to be fed to the infant. Child #15 and Child #16: Lacked an update of the amount, times, and types of food to be fed to the infant, last updated on10/17/2025. Child #17: Lacked an update of the amount, times, and types of food to be fed to the infant, last updated on 09/06/2025. Child #18: Lacked an update of the amount, times, and types of food to be fed to the infant, last updated on 09/19/2025. Child #19: Lacked an update of the amount, times, and types of food to be fed to the infant, last updated on 08/03/2025. Child #20: Lacked an update of the amount, times, and types of food to be fed to the infant, last updated on 08/15/2025.”

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 the Compliance Officer's observation, in the EHS 2 classroom, the sink on the diaper changing surface was not operable, and the sink used for handwashing was not next to the diaper changing surface 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 observation, it was determined that the prescription medication for Child #21 lacked the container prepackaged and labeled for use by the manufacturer. ***Previously Cited 01/28/2022”

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 the Compliance Officer's observation, there was an accumulation of food waste and debris throughout the facility vehicle. ***Previously cited 01/03/2025”

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 observation, in the outdoor activity areas, the following hazards were accessible to enrolled children: Preschool/PreK Playground: There were exposed concrete footings on the dirt hill on the south middle fence between the playgrounds. There were exposed concrete footings on three of the north fence panels. There was an 8-inch-diameter area of stucco that had caved in and a 2-inch corner that separated, exposing wires and mesh on the outside of the building—facing the playground. Toddler Playground There were 2 inches of pipe protruding from the ground on the playground. School-Age West Playground There was an abundance of fecal matter throughout the playground area. ***Previously Cited 01/03/2025, 01/16/2024”

AAC R9-5-203.E. E. If a staff member possesses a fingerprint clearance card that was issued before the staff member became a staff member at the facility, a licensee shall: 1. Contact the Department of Public Safety before the individual becomes a staff member to determine whether the fingerprint clearance card is valid; and 2. Document this determination, including the name of the staff member, the date of contact with the Department of Public Safety, and whether the fingerprint clearance card is valid.

“Findings: Based on facility documentation and the Compliance Officer's observations, it was determined that the files for Staff #2 (DOE-07/08/2025), Staff #3 (DOE-06/16/2025), and Staff #4 (DOE-03/07/2025) lacked documentation of validation through DPS for their Fingerprint Clearance Card. The fingerprint clearance cards were validated at the time of the inspection.”

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 observation, in the One's 1 Classroom, the soiled diaper container lacked a tight-fitting lid. In the Early Preschool Classroom, the soiled diaper container lacked a liner and a tight-fitting lid. ***Previously Cited 01/03/2025”

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 observation, in the Infant Classroom, the soiled diaper changing container was next to the diaper changing surface and accessible to enrolled children. In the Two's Classroom, the soiled diaper changing container was in the toilet room, 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 Compliance Officer's observations, in EHS 2, there was a plastic water container with bibs on top next to the diaper changing sink. In One's 1 classroom, there were 2 child socks next to the diaper changing sink. In the infant classroom, there was a build-up of white crusty substance on the faucet of the diaper changing sink. ***Previously Cited 01/03/2025”

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 observation, the medication authorization form for Child #21 lacked the prescription type, prescription number, the start and end date, the dosage, side effects, and reason for the medication. ***Previously Cited 01/28/2022, 04/23/2025”

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 observation, it was determined that the file for Staff #1 (DOE-12/08/2025) lacked documentation of a copy 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.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 the Compliance Officers' observations, the following rosters did not accurately reflect the number of children in the activity area: 2's Room: There were 6 children present and 7 marked on the roster; 2's/3's Room: There were 11 children present and 10 marked on the roster; and School Age Room: There were 11 children present and 10 marked on the roster.”

AAC R9-5-515.A. A. A licensee shall not permit an enrolled child to remain at the facility if a staff member determines that the enrolled child shows signs of illness or infestation.

“Findings: Per allegation and based on the Compliance Officers' observations and staff statement, children remained at the facility after a staff member determined that the enrolled children showed signs of illness and infestation. Staff stated: *The child had clear symptoms, the staff called the parent, and they were unable to pick the child up. *Children had symptoms of illness and did not get picked up until 6 pm after calling. The children were inside the classroom until they got picked up. *3 children with suspected illness were left in the classroom until they got picked up.”

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 allegation and based on the Compliance Officers' observations and staff statement, the licensee failed to maintain staff-to-children ratios at all times when providing child care services to enrolled children: Staff stated: *We go over ratio a lot. *Pretty much every day, over ratio. *Staff were left alone with 9 2-year-olds. *Staff were left alone with 16 3-year-olds. *Over ratio, mostly in the morning, every single morning. *Over ratio more days than not.”

AAC R9-5-515.B. B. If an enrolled child exhibits signs of illness or infestation at a facility, a licensee shall ensure that a staff member:1. Immediately separates the enrolled child from other enrolled children, 2. Immediately notifies the enrolled child’s parent by telephone or other expeditious means to arrange for the enrolled child’s removal from the facility, and 3. Maintains documentation of the notification on facility premises for 12 months after the date of the notification.

“Findings: Based on the Compliance Officers' observations and staff statement, the licensee failed to separate enrolled children after exhibiting signs of illness when children were permitted to remain in the classroom after showing signs of illness. Staff stated: *Children had symptoms of illness and did not get picked up until 6 pm after calling. The children were inside the classroom until they got picked up. *3 children with suspected illness were left in the classroom until they got picked up.”

AAC R9-5-515.F. F. A licensee shall ensure that:1. A dated, written notice of the communicable disease or infestation is prepared and posted in the facility’s entrance as required by R9-5-303; 2. Documentation of the notification is maintained on facility premises for 12 months from the date of the notification; and 3. Documentation of the absences of staff members and enrolled children due to a communicable disease or infestation listed in 9 A.A.C. 6, Article 2, Table 2, is prepared and maintained on facility premises for 12 months from the first date of absence.

“Findings: Based on the Compliance Officers' observations and facility documentation, the licensee failed to document the absences of enrolled children due to a communicable disease. The illness log lacked the names of all the children who were sent home due to illness. The facility had doctor's notes for children who were not documented on the log.”

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 and based on the Compliance Officers' observations and staff statement, staff failed to teach, model, and encourage orderly conduct when a staff member was observed grabbing children roughly and putting them down for a nap aggressively. Staff stated: *Staff #1 grabbed a 1-year-old's arm roughly, pushing them onto cots too hard. *Parent complained about Staff #1 screaming in a child's face. *(Staff) has been a little assertive during nap time. (Staff) has been thinking of new ways to go about 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 the Compliance Officer's observation, the following medication authorization forms lacked the following: Child #1: The times and frequency of administration, the prescription number, the end date of administration, and a parent signature; and Child #2: The prescription number.”

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 the Compliance Officer's observation, the facility's fire inspection expired on 12/31/2024.”

AAC R9-5-403.B. B. A licensee shall ensure that:1. Each staff member who provides child care services completes 18 or more actual hours of training every 12 months after the effective date of this Chapter or the staff member’s starting date of employment or volunteer service in at least two topics listed in this subsection: a. Child growth and development, including: i. Infant growth and development, which may include sudden infant death syndrome prevention; ii. Developmental psychology; iii. Language development; iv. Observation and child assessment; v. Developmentally-appropriate activities; vi. Child guidance and methods of discipline which may include training on the appropriate techniques to prevent a child from harm or to prevent the child from harming others; and vii. Developmentally-appropriate activity areas; b. Health and safety issues, including: i. Accident and emergency procedures, including CPR and first aid for infants and children; ii. Recognition of signs of illness and infestation; iii. Nutrition and developmentally-appropriate eating habits; iv. Child abuse detection, reporting, and prevention; v. Safety of indoor and outdoor activity areas; and vi. Sun safety policies and procedures; c. Program administration, planning, development, or management; and d. Availability of community services and resources, including those available to children with special needs; and 2. As part of the required 18 hours of training in subsection (B)(1): a. A staff member who has less than 12 months of child care experience before the staff member’s starting date, completes at least 12 hours in one or more of the topics in subsection (B)(1)(a) in the staff member’s first 12 months at the facility; b. A staff member who has 12 months or more of child care experience, completes at least 6 hours in one or more of the topics in subsection (B)(1)(a) every 12 months after the staff member’s starting date; c. A staff member who provides child care services to an infant completes at least 6 hours in subsection (B)(1)(a)(i) every 12 months after the staff member’s starting date; and d. A facility director completes at least 6 hours in subsection (B)(1)(c) every 12 months after the facility director’s starting date.

“Findings: Based on the Compliance Officer's observation, the file for Staff #1 (DOE 3/1/2021) lacked 18 of 18 hours of annual training for 3/1/2024-3/1/2025.”

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

“Findings: Based on the Compliance Officer's observation, staff failed to supervise each enrolled chilled at all times when a teacher in the Pre K room had their back turned to a group of children fighting in the back of the room and in the Preschool room when an enrolled child was in the bathroom with the door closed.”

AAC R9-5-508.C. C. If a licensee provides food, a licensee shall prepare and serve food according to the meal pattern requirements found in Table 5.1, "Meal Pattern Requirements for Children."

“Findings: Per Allegation and based on the Compliance Officer's observation, staff statements, and meal tracking documentation, the licensee failed to serve food according to the meal pattern requirements. Per meal tracking documentation an enrolled child was served only apples for breakfast on 4/4/2025 and only pears for breakfast on 4/9/2025. Staff stated: *Yes, there are days where (child) doesn't have a full meal. *Not a grain all days. *If they only served bread and fruit, (child) was only able to eat fruit.”

AAC R9-5-509.C.15. C. A licensee shall ensure that:15. The food served to an enrolled child is consistent with a modified diet prescribed for the child by the child’s parent or health care provider;

“Findings: Per allegation and based on the Compliance Officer's observation, staff statement, and meal tracking documentation an enrolled child was served food inconsistent with a modified diet prescribed by the child's parent or health care provider. Per meal tracking documentation the child was served food inconsistent with their modified diet on 3/31/2025, 4/1/2025, 4/2/2025, 4/3/2025, 4/4/2025, 4/9/2025, and 4/10/2025. Staff stated: *(Child) was not able to eat what was provided in the classroom. *For this child they, (facility staff), would not bring anything. *(Facility staff) Won't give any substitutions.”

AAC R9-5-509.C.18. C. A licensee shall ensure that:18. A staff member: a. Prepares a weekly menu at least one week in advance, b. Includes on the menu the specific foods to be served on each day, c. Dates each menu, d. Posts each menu at least one day before the first meal on the menu will be served, and e. Writes food substitutions on a posted menu no later than the morning of the day of meal service;

“Findings: Based on the Compliance Officer's observation, the menu was inconsistent with what was served to enrolled children. The menu on 4/23/25 listed coleslaw and fresh apples for lunch, but black beans and peaches were served.”

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 Officers' observations and review of facility documentation, 4 of 30 Emergency Information and Immunization record cards reviewed lacked the following documentation: Child #1: Health care provider's contact information. Child #2: Health care provider's phone number. Child #3: Date of enrollment. Child #4: Date of enrollment.”

AAC R9-5-301.I. I. At least once a month, and at different times of the day, a licensee shall ensure that an unannounced fire and emergency evacuation drill is conducted and each staff member and enrolled child at the facility participates in the fire and emergency evacuation drill. 1. If child care services for a child with special needs are provided at a facility, the licensee shall provide for the enrolled child’s participation in each fire and emergency evacuation drill according to the enrolled child’s individualized plan as specified in R9-5-507(A)(1). 2. A licensee shall document each fire and emergency evacuation drill and maintain the documentation on facility premises for 12 months after the date of the fire and emergency evacuation drill.

“Findings: Based on Compliance Officers' observations and review of facility documentation, the facility lacked documentation of a fire drill performed in the months of November and December, 2024.”

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 Officers' observations. there were 2 bottles in the Infant room refrigerator that both lacked a label.”

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, the diaper changing surfaces in the facility all had an accumulation of water calcification on the surface of the diaper changing table, around the sinks.”

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 Officers' observations and review of facility documentation, the School Age classroom lacked a posted lesson plan.”

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 Compliance Officers' observations, the pacifiers in the Infant room lacked identifiers.”

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 Officers' observations, the floor in the Infant classroom had an accumulation of grime and food remnants on the linoleum, near the refrigerator where Infants were crawling. Additionally, the linoleum throughout each classroom had grime accumulating along the baseboards and door thresholds and was not in a clean condition.”

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 3/4's diaper changing area had a soiled clothing container that lacked a liner.”

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 following hazards were observed on the facility playgrounds: *the eastern iron fencing was detaching from the base of the fencing and was in danger of falling over. *there was exposed concrete footing on the fencing on the large playground. *there was exposed wiring coming through the fencing on the southern side of the playground.”

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 was empty in the 3/4's restroom.”

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 Officers' observations, there was an accumulation of food waste and debris throughout the facility vehicle.”

AAC R9-5-514. D. D. A licensee shall post, near an activity area or a room's designated exit, a building evacuation plan that details the designated exits from the activity area or room and the facility.

“Findings: Based on Compliance Officers' observations and review of facility documentation, the evacuation map was not posted near the designated exit in the 1's classroom.”

AAC R9-5-516.I. I. Except as specified in A.R.S. § 36-2229(B) through (D), a licensee shall ensure that a facility does not stock a supply of medications for administration to enrolled children, including:1. Any prescription medication; or 2. A nonprescription medication such as aspirin, acetaminophen, ibuprofen, or cough syrup.

“Findings: Based on Compliance Officers' observations, the van's first aid kit stocked the following supply of medications: *6 packets of aspirin. *6 packets of triple-antibiotic ointment.”

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: Based on Compliance Officers' observation, the diaper changing area in the 1's classroom had 2 electrical outlets that lacked safety covers.”

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, the following hazards were observed within the facility: *the corner of the wall in the 2's classroom was chipped and the drywall was crumbling exposing the metal mesh underneath the drywall. *there was a tall cabinet in the preschool classrooms that were not tethered to the wall, creating tipping hazards.”

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 an interview with Staff #1, Staff Statements, and the Compliance Officer's observations, Staff #1 used a method of re-direction that did not encourage and model orderly conduct. Staff #1 stated to the children on 3 occasions, "the village monster comes out at night and might get you" and has been heard occasionally to raise their voice when re-directing the enrolled children.”

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 the Compliance Officer’s observations, there were 11 enrolled children present in the Todd 2 (1’s) Room but the attendance roster had 9 children recorded as present.”

AAC R9-5-508.A. A. A licensee shall:1. Make breakfast available to an enrolled child who is present at a facility before 8:00 a.m., 2. Serve lunch to an enrolled child who is present at a facility between 11:00 a.m. through 1:00 p.m., and 3. Serve dinner to an enrolled child who is present from 5:00 p.m. through 7:00 p.m. and who will remain at the facility after 7:00 p.m.

“Findings: Per allegation and based on the Compliance Officers’ observations of facility documentation and Staff statements, it was found that Child #1 and Child #2 were not served lunch on 1/25/2024. Staff stated that 1/25/2024 was an early release day from school and the children arrived at the facility at 11:30 AM and thought the children had already had lunch at the school.”

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, it was determined that the heating system in the rear of the vehicle (CK34844) was not working properly and blowing hot air after being turned to the on position for 5 minutes. It was also determined that the vehicle was lacking two large towels or blankets and sufficient water.”

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 #1's observations, it was determined that the Todd 2 Room lacked a dated lesson plan for the class for the current week. The lesson plan posted was dated 1/8/2024.”

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 was found: 1) The 2 diaper changing counters in the Infant Room were rough to the touch and worn in several areas.”

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 was found: 1) The ceiling vent had a white fluffy substance on the grill area in the bathroom in the Pre K Room; 2) The sink counter in the Pre K Room had built-up dirt and grime on the surface and under the laminate which was coming away from the edge.”

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 was determined: *The carpet was frayed along the threshold in the School Age Room. *There was dirt and grime compacted into the carpet in the 2's Room.”

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 #1’s observations, the following was found: 1) There were hard water stains and rust and corrosion on the sink drain areas in several sinks throughout the facility.”

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 facility documentation and Compliance Officer #2’s observation, it was determined that the roster in the Toddler 1 classroom did not reflect the number of children present (6 children present, 4 children listed on the roster).”

AAC R9-5-501.A.2. A. A licensee shall ensure that: 2. Except for an enrolled school-age child, drinking water is provided sufficient for the needs of and accessible to each enrolled child in both indoor and outdoor activity areas;

“Findings: Based on Compliance Officer #1's observations, it was found that the drinking water for the children in the following rooms was on counters and not accessible to the enrolled children.: *EHS 2 *EHS 1 *TODD 1 *TODD 2”

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 Compliance Officer #2's observation, it was determined that 6 out of 20 enrolled children's attendance forms lacked the following information: Child #1: An admission and release signature and time for 01/09/2024. Child #2: An admission signature for 01/10/2024 and 01/11/2024 and a release signature for 01/11/2024. Child #3: An admission time and release time for 01/02/2024, 01/08/2024-01/12/2024, 01/15/2024-01/19/2024, and a release time for 01/03/2024 and 01/04/2024. Child #4: An admission time and release time for 01/03/2024, 01/05/2024, 01/08/2024, 01/10/2024 and 01/16/2024. Child #5: A release time and signature for 01/03/2024.”

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, the following was not maintained free from hazards on the Outdoor Playground: PRESCHOOL PLAYGROUND: 1) There were several holes in the dirt throughout the playground area; 2) There was an exposed concrete footing at the bottom of 1 pole of the fence on the dirt hill on the south side of the playground. TODDLER PLAYGROUND: 1) There were several holes in the dirt throughout the playground area. SCHOOL AGE PLAYGROUND: 1) There were several holes in the dirt throughout the playground 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 found: Preschool Room: * There was raw wood on the workbench play vice where the sealant had worn away. 2's Room: * The bathroom ceiling vent was loose and coming away from the ceiling. Village: *There was peeling paint under the window exposing the framing. *The stair railing area had damage which exposed drywall.”

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 observations, it was found that there was a Toilet Plunger by the toilet in the Todd 2 Room bathroom accessible to the children.”

AAC R9-5-501.A.21. A. A licensee shall ensure that:21. Except when used as part of an activity, the following are stored in an area inaccessible to an enrolled child: a. Garden tools, such as a rake, trowel, and shovel; and b. Cleaning equipment and supplies, such as a mop and mop bucket.

“Findings: Based on Compliance Officer #1's observations, it was found that the following hazards were accessible to the children: 1) There was a broom and swiffer mop on the floor in the bathroom in the School Age Room.”

AAC R9-5-501.C.4. C. A licensee shall ensure that a staff member:4. Except as provided in subsection (D), prepares and posts in each indoor activity area, a current schedule of children’s age-appropriate activities, including the times the following are provided: a. Meals and snacks; b. Naps; c. Indoor activities; d. Outdoor or large muscle development activities; e. Quiet and active activities; f. Teacher-directed activities; g. Self-directed activities; h. Activities for individuals, groups of five or fewer children, and groups of six or more children; and i. Activities that develop small muscles;

“Findings: Based on Compliance Officer #1's observations, it was found that the Todd 1 Room lacked an activity schedule.”

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 Compliance Officer #2’s observation, it was determined that the following hazards were observed on vehicle (CK34844): *The 4th-row seat had a broken plastic seat belt cover and torn vinyl exposing foam. *The 3rd-row seats had torn vinyl exposing foam. *The 2nd-row seats had torn vinyl exposing foam. *The 1st-row seats had a broken plastic seat belt cover and torn vinyl exposing foam.”