Tutor Time Child Care/ Learning Centers

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: Based on staff statements and the Compliance Officers' observations, it was determined that the staff-to-children ratio was 0:1 rather than 1:1 as required for 4 year-old children. Staff stated that an enrolled child would run out of the classroom and stand in the hallway. Staff stated the enrolled child left the classroom and ran toward the infant room door 3 times.”

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

“Per Allegation Findings: Based on staff statements, and the Compliance Officers' observations, the licensee failed to supervise an enrolled child at all times when the enrolled child would leave the classroom and stand in the hallway alone and unsupervised. Staff stated they see the child by the door, but do not see the child leave the classroom. Staff stated they have seen the child in the hallway and brought them back into the classroom.”

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 Compliance Officer #1's observation, in the Toddler 1 classroom, there was splintered wood on the side panel of the wooden stove in the kitchen center.”

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 observations the diaper changing area hand-washing sinks in the following rooms lacked running water between 86° F and 110° F as required: Infant 1 room: 79° Infant 2 room: 71° Toddler 1 classroom: 70° Toddler 2 classroom: 70° Twos 1 classroom: 71° Twos 2 classroom: 69° Early Preschool classroom: 73°”

AAC R9-5-518.A.2. A. A licensee providing a field trip for an enrolled child shall:2. Prepare a written field trip plan including: a. The name of each participating enrolled child, staff member, and other individuals on the field trip; b. The times of departure from and return to the facility; c. If applicable, license plate number of any motor vehicle used on the field trip; and d. The name, street address, and telephone number, if any, of the field trip destination; and

“Findings: Based on the Compliance Officers' observations, the field trip forms for Harkins Theater, Peter Piper Pizza, and Main Event lacked the license plate number of the vehicle used to transport the enrolled children.”

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 Officers' observations, it was determined that the prescription number on the medication authorization form for child #1 did not match the prescription number on the medication.”

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 staff statements and the Compliance Officers' observations, the licensee failed to retain the face-to-name document (roster) for a period of 12 months. The Compliance Officers' requested face-to-name documents for the School-age classroom from June and July of 2024. Staff stated the face-to-name documents were shredded after 90 days per company policy and has from September of 2024.”

AAC R9-5-509.C.23. C. A licensee shall ensure that:23. A freezer at the child care facility maintains a temperature of 0° F or below, as shown by a thermometer kept in the freezer at all times; and

“Findings: Based on Compliance Officer #1's observation, in the Twos 1 classroom, the temperature of the freezer was 10° rather than 0° or below as required.”

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 the Compliance Officers' observations, the Harkins Theater, Peter Piper Pizza, and Main Event field trips list lacked a checkmark next to the enrolled child's name during the following times: When boarding the vehicle at the beginning and end of the field trips Upon arrival and every hour while on the field trips Returning to the facility after the field trips”

AAC R9-5-518.G. G. When six or more enrolled children are participating in a field trip, a licensee shall ensure that a teacher-caregiver and at least one additional staff member are present on the field trip.

“Findings: Based on facility documentation and the Compliance Officers' observations, the Harkins Theater, Peter Piper Pizza, and Main Event field trips lacked a second teacher-caregiver when six or more enrolled children were present.”

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 the Compliance Officers' observations, it was determined that the Prescription Medication Administration Consent Form with Child #1, Child #2, Child #3, Child #4, and Child #5's medications contained a "Release and Waiver of Liability" agreement. Based on facility documentation and Compliance Officer #1's observation, it was determined that the Non-Prescription Medication Administration Consent Form found with the enrolled children's personal products (ointments) in the Infant 1 room, Infant 2 room, Toddler 1 classroom, and Toddler 2 classrooms contained a "Release and Waiver of Liability" agreement.”

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 Compliance Officer #2’s observation, the files for Staff #1 (Start date-6-3-2024) and Staff #2 (Start date-8-1-2024) lacked documentation of 2 good-faith effort professional references.”

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

“Findings: Per allegation and based on staff statements and the Compliance Officers' observations, it was determined that Child #1 was alone and unsupervised when they left the playground and exited a gate to the front entry area near the facility's parking lot. The enrolled child was brought back into the facility by a family dropping off their child. Staff Statements: *Some parents dropping off, saw the child push the gate open and brought the child through the front. *The husband saw the child and told the wife, the wife was holding their child and so the husband walked the child into the front office. * A child was separated from their class on the playground and brought into the front office.”

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 and based on staff statements and the Compliance Officers' observations, it was determined that the health, safety, and welfare of an enrolled child was placed at risk of harm when Child #1 when the child was separated from their class and left the playground, exiting through a gate to the front entry area near the facility's parking lot. The enrolled child was brought back into the facility by a family dropping off their child. Staff Statements: *Some parents dropping off, saw the child push the gate open and brought the child through the front. *The husband saw the child and told the wife, the wife was holding their child and so the husband walked the child into the front office. * A child was separated from their class on the playground and brought into the front office.”

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 facility documentation, staff statements, and the Compliance Officers' observations, the ratio on the playground was 0:1 instead of 1:1 as required when Child #1 was separated from their class on the playground, exiting through a gate to the front parking lot area of the facility. Staff Statements: *Some parents dropping off, saw the child push the gate open and brought the child through the front. *The husband saw the child and told the wife, the wife was holding their child and so the husband walked the child into the front office. * A child was separated from their class on the playground and brought into the front office.”

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 #1's observation, upon entering the Twos 2 classroom, the roster indicated 9 children, but there were 8 children present in the room.”

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 the Compliance Officers' observation, in the School Age classroom's boys toilet room, there was a plunger next to the toilet and 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 Compliance Officer #1's observation, in the Early Preschool classroom, there was a name tag on the diaper changing surface.”

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 the Compliance Officer's observation, upon entering the Toddler 1 classroom, the roster indicated 11 children, but there were 10 enrolled children present.”

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: Based on the Compliance Officer's observation, in the Early Preschool classroom (2's/3's), the health, safety, or welfare of an enrolled child was placed at risk of harm. As the Compliance Officer was walking down the hallway, approaching the Early Preschool classroom door, a loud thumping could be heard coming from the room. The Compliance Officer looked through the window and observed Staff #1 sitting next to an enrolled child who was laying on their naptime cot. Staff #1 was aggressively pounding on the child's back, producing a loud thumping sound, while attempting to get the child to sleep.”

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, upon entering the Twos 2 classroom, there was an enrolled child asleep on the floor rather than on a cot or mat with a sheet as required.”

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;

“Per allegation findings: Based on the Director/Staff member's statements and the Compliance Officer's observations, Staff #1 did not model age appropriate behavior when inappropriate music was played. Staff stated that the music was Bad Bunny and had inappropriate lyrics. Staff stated that Staff #1 was listening to inappropriate. Staff stated that Staff #1 was not listening to "kid's music".”

AAC R9-5-208.F. F. A licensee shall not implement any change described under subsection (B) until the Department issues an approval or amended license.

“Per allegation findings: Based on the Compliance Officer's observation, upon entering the facility, there was an enrolled child sitting at the front entrance desk, which is unlicensed space, eating breakfast.”

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 observations, in the following rooms, enrolled children's personal products lacked a first and last name as required: Infant I room: There was 1 ointment without a label. Infant II room: There was 3 ointments labeled with first name and last initial. Toddler I: There was 1 ointment without a label. Toddler II: There were 3 ointments without a label and 2 ointments labeled with first name only. Twos A classroom: There were 5 ointments without a label, 4 ointments were labeled with first name and last initial, and 2 ointments labeled with first name only. Twos B: There were 3 ointments without 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 Officer #1's observation, in the Early Preschool classroom, there was an outlet cover and a door stop located next to the diaper changing area hand-washing sink.”

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 Compliance Officer #1's observation, in the School-Age classroom, there was torn vinyl with exposed foam on the seat next to the green wall.”

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 observation, in the Twos A classroom, there was a dinner plate sized area with chipped yellow paint and exposed drywall beneath the window on the southwest wall. In the School-age classroom, there were sections of missing paint and drywall with exposed metal frame on both large windows on the north wall.”

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 #1's observations, upon arrival in the Twos A classroom the roster indicated 13 children, but there were 14 present. Upon arrival in the Early Preschool classroom the roster indicated 7 children, but there were 6 children present.”

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 Compliance Officer #2's observation, it was determined that 5 out of 13 enrolled children's attendance forms lacked the following information: Child #1: A departure signature for 01/12/2024. Child #2 and Child #4: A departure time and signature for 01/24/2024. Child #3 and Child #5: A full signature or at the least, first initial and full last name for the month of January.”

AAC R9-5-503.A.2. A. A licensee shall ensure that each diaper changing area required in R9-5-601(4) contains:2. A hand-washing sink next to the diaper changing surface for staff use when changing diapers and for washing an enrolled child during or after diapering that provides: a. Running water between 86° F and 110° F, b. Soap from a dispenser, and c. Single-use paper hand towels from a dispenser;

“Findings: Based on Compliance Officer #1’s observations, the diaper changing area hand-washing sinks in the following rooms lacked running water between 86° F and 110° F as required: Infant I room, Infant II room, Toddler I classroom, and Toddler II classroom: 64 degrees Twos A classroom and Twos B classroom: 65 degrees”

AAC R9-5-503.F.1. F. A licensee shall ensure that in an activity area with a diaper changing area: 1. The containers required in subsections (A)(3) and (4) are inaccessible, and

“Findings: Based on Compliance Officer #1's observation, in the Toddler II classroom, the soiled diaper container was next to the changing table stairs and accessible to enrolled children.”

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 observation, in the School-age classroom, there was a 2 inch sized hole with exposed concrete in front of the sinks. There was a 4 inch piece of carpeted baseboard missing next to the west door.”

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 medication for Child #6 lacked a medication authorization form.”

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 #2's observation, the medication for Child #6 lacked the original container dispensed by a pharmacy.”

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 observation, in the outdoor activity area, there was fragments of missing coating exposing metal that was rusted on the benches of the picnic table. There was a ripped lining with a 2-3 inch hole in the fabric of the blue toddler basketball hoop.”

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 Officer #1's observation, in the Early Preschool classroom, there was an uncovered outlet on the wall by the diaper changing hand washing sink.”

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 Compliance Officer #1's observation, in the Infant II room, 3 crib sheets were loose and not tight-fitting to the mattress.”

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

“Per allegation findings: Based on facility documentation, staff statements, and the Compliance Officers' observations the licensee failed to supervise an enrolled child at all times when a child received an injury that required medical attention. Staff stated that one staff was diapering while another staff was helping a child in the toilet room and did not see how the incident occurred. Staff stated they had to review the video to watch what happened.”