Tutor Time Child Care/ Learning Centers

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

“Findings: Based on the Compliance Officer's observations, upon entering the Twos 3 classroom, 2 children were observed in the diaper changing area. One child was standing on the steps and washing a toy off in the sink, the other child was standing near the steps playing with the diaper changing pail. 1 staff member was in the bathroom with a child and the other staff member was helping a child with their back toward the diapering area. Staff were not aware of the children playing in the diaper changing area until the Compliance Officer called attention to it.”

AAC R9-5-502.A.5.b. A. A licensee providing child care services for infants shall: 5. Develop, document, and implement tummy time policies and procedures that: b. Ensure a staff member who is supervising a non-crawling infant while the infant is flat on their stomach and on the floor: i. Is within reach of the infant; ii. Does not perform any other duties while supervising the infant; iii. Does not allow the use of pillows, comforters, sheepskins, stuffed toys, or other soft products in the same floor space as the infant; and iv. Does not allow any product specified in subsection (A)(5)(b)(iii) to be within reach of the infant;

“Findings: Based on the Compliance Officer's observation, in the Infant room, a blow-up water tummy time play mat was observed on the floor.”

AAC R9-5-503.D. D. A licensee shall ensure that the written diaper changing procedure in subsection (C) states that an enrolled child’s diaper is changed as soon as it is soiled, and that a staff member, when diapering: 1. Uses a separate washcloth and towel only once for each enrolled child; 2. Washes and dries the enrolled child using the enrolled child’s individual personal products labeled with the enrolled child’s name; 3. Uses single-use non-porous gloves; 4. Washes the staff member’s own hands with soap and running water between 86° F and 110° F before and after each diaper change; 5. Washes each enrolled child’s hands with soap and running water between 86° F and 110° F after each diaper change; 6. Cleans, sanitizes, and dries the diaper changing surface following each diaper change; and 7. Uses single-use paper towels from a dispenser to dry the diaper changing surface or the hands of the enrolled child or staff member.

“Findings: Based on the Compliance Officer's observations, upon entering the Twos 3 classroom, a staff member was observed changing soiled diapers in the toilet rooms doorway.”

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 Twos 3 classroom, the soiled diaper container was next to the diaper changing table and accessible to 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: Based on facility documentation and the Compliance Officers' observations, it was determined that the licensee placed the health, safety, or welfare of children at risk of harm when the facility failed to protect the enrolled children in their care from Child #1. Between March 10, 2025 and April 18, 2025 there were 7 incident reports documenting inappropriate behaviors toward other children. 03/10/2025 Child #1 showing pulling their shirt up to show their nipples and touching other children’s private parts while on the playground 03/14/2025 Child #1 touched another child’s private parts 03/13/2025 Child #1 pulled their pants down on the playground 03/28/2025 Child #1 put their private parts on other children pretending to urinate on them 04/16/2025 Child #1was touching other children’s bottoms 04/16/2025 Child #1 laid on top of another child and “dry humped” them 04/18/2025 Child #1 was laying on the ground and another child was straddling them on the playground. The other child stated Child #1 told them to pull their pants down, but they refused to do so. On 03/12/2025 a Behavioral Plan was put in place for Child #1 among the list of Behavior’s Targeted was inappropriate behaviors showing body parts and/or grabbing other students' private areas. The Behavior Plan stated that if the targeted behaviors continued suspension and disenrollment may occur. Child #1 would have 6 incidents of inappropriate behaviors towards other children after this plan was put in place. There was one documented incident of Child #1 being sent home (03/26/2025) for the other behaviors listed on the behavioral plan.”

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: Toddler 1 classroom: 63° Infant 3 room, Toddler 2 classroom, Twos 1 classroom, and Early Preschool classroom : 64° Infant 1 room, Infant 2 room, Twos 1classroom, and Twos 2 classroom, : 66°”

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 Offices' observations, it was determined that the forms with Child #1's medication contained 2 "Release and Waiver of Liability" agreements.”

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 Two's 1 toilet room, there was a plunger next to the toilet.”

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;

“Per allegation finding: Based on facility documentation, staff statements, and the Compliance Officers' observations, it was determined that the lunch Child #1 was provided contained a known food allergy. The Compliance Officers' reviewed a binder in the kitchen with the children's pictures and their food allergies. Staff stated they confirm with the classroom teachers, if a child is present with a food allergy. Staff stated that Child #1 had a plate in front of them and had taken bites of the food they were allergic to before the substitute food made it to the classroom. Staff stated Child #1 had eaten the allergen before with no adverse reaction.”

AAC R9-5-507.A.4. A. A licensee providing child care services for a child with special needs shall:4. Ensure the individualized plan is updated at least every 12 months after the date of the initial plan or as changes occur.

“Per allegation findings: Based on facility documentation, staff statements, and the Compliance Officers' observations, it was determined that the Individualized Plan (Accommodation Request) dated 2020 lacked an update for nutrition and feeding instructions when food allergies were identified in 2021. Staff stated they were aware of Child #1's food allergies, but the child was served the food before a substitute food was brought to the classroom.”

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 file for Child #1 contained two "Release and Waiver of Liability" agreements dated 01/03/2022 and 10/18/2024.”

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 Compliance Officer #2's observation the health, safety and welfare of enrolled children was placed at risk of harm during 2 separate incidents. Upon arrival at the facility, Staff #1, was observed holding a small child by the right hand and pulling the child along causing the child to run on their toes to keep up. Upon entering the outdoor activity area, Compliance Officer #2 observed Staff #2 pick up a two-year-old child by the arms and lift the child off the ground in order to move the child from one place to another. The child's feet were not touching the ground and their shirt was lifted above their stomach.”

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 finding: Based on staff statements and facility documentation, it was determined that the licensee failed to ensure a staff member teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior. Staff stated that Staff #1 was observed "pushing a child away from an activity" and "spoke to a child with intimidation".”

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 Pre-school classroom's toilet room, there was toilet paper on the floor in front of the toilet. In the Pre-K II classroom, a 3-4 foot strip of carpeted baseboard separated from the wall in the cot storage area.”

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 Twos IV classroom, the soiled diaper container was by the wall next to the stairs of the diaper changing surface and accessible to enrolled children.”

AAC R9-5-501.C.9. C. A licensee shall ensure that a staff member: 9. Does the following when a parent permits or asks a staff member to apply personal products on an enrolled child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, toothpaste, and baby diapering preparations: a. Obtains the enrolled child’s personal products from the enrolled child’s parent or, if the licensee provides the personal products for use by the enrolled child, obtains written approval for use of the products from the enrolled child’s parent; b. Labels the personal products with the enrolled child’s name; and c. Keeps the personal products inaccessible to enrolled children;

“Findings: Based on Compliance Officer #1's observation, in the Preschool classroom's toilet room, there was a package of wipes on the metal shelf above the toilet and accessible to enrolled children.”

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 School-age classroom, there was rough wood and peeled edges on the large center table.”

AAC R9-5-403.A. A. Within 10 calendar days of the starting date of employment or volunteer service, a licensee shall provide, and each staff member who provides child care services shall complete, training for new staff members that includes all of the following: 1. Facility philosophy and goals; 2. Names and ages of and developmental expectations for enrolled children for whom the staff member will provide child care services; 3. Health needs, nutritional requirements, any known allergies, and information about adaptive devices of enrolled children for whom the staff member will provide child care services; 4. Lesson plans; 5. Child guidance and methods of discipline; 6. Hand washing techniques; 7. Diapering techniques and toileting, if assigned to diaper changing duties; 8. Food preparation, service, sanitation, and storage, if assigned to food preparation; 9. If a staff member is assigned to feeding infants, the preparation, handling, and storage of infant formula and breast milk; 10. Recognition of signs of illness and infestation; 11. Child abuse or neglect detection, prevention, and reporting; 12. Accident and emergency procedures; 13. Staff responsibilities as required by A.R.S. Title 36, Chapter 7.1, Article 1 and this Chapter; 14. Sun safety policies and procedures; 15. Safety in outdoor activity areas; 16. Transportation procedures, if applicable; and 17. Field trip procedures, if applicable.

“Findings: Based on facility documentation and Compliance Officer #2's observations, it was determined that the 10-day training for new staff members was not completed within the required time-frame for the following staff: Staff #3: Start date 07/17/2023, 10-day training dated 07/28/2023. Staff #4: Start date 06/07/2023, 10-day training dated 06/21/2023. Staff #5: Start date 10/30/2023, 10-day training dated 11/13/2023 Staff #6: Start date 01/08/2024 lacked documentation for the 10-day training.”

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

“Findings: Based on facility documentation and Compliance Officers #2's observation, Staff #6 was an assistant teacher-caregiver. Staff #6 was not qualified as an assistant teacher-caregiver because the file for Staff #6 (start date 01/08/2024) lacked documentation of current and continuous enrollment in high school or high school equivalency class.”

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 the Compliance Officer #2's observations, it was determined that Staff #1 (start date 06/14/2023) and Staff #5 (start date 06/07/2023) were teacher-caregivers. Staff #1 and Staff #5 were not qualified as teacher-caregivers. The staff files lacked documentation that the high school diploma or high school equivalency diploma from the country of origin was equivalent to a high school diploma that is issued in the United States.”

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 #2's observation, upon arrival in the Twos I classroom, the roster indicated 9 children, but there were 8 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 observations, it was determined that 6 out of 20 enrolled children's attendance forms lacked the following information: Child #1: An arrival and departure signature for 01/08/2024-01/12/2024. An arrival signature for 01/17/2024 and 01/18/2024 (initials only). Child #2: An arrival signature for 01/09/2024, 01/10/2024, 01/13/2024 and 01/15/2024, 01/16/2024, and 01/18/2024 (initials only). An arrival and departure signature for 01/08/2024, 01/11/2024, 01/12/2024 and 01/17/2024 (initials only). A departure time and signature for 01/09/2024 and 01/10/2024. Child #3: A departure signature and time for 01/03/2024, 01/05/2024, 01/10/2024, 01/11/2024. Child #4: An arrival and departure signature for 01/02/2024. Child #5: An arrival and departure signature for 01/04/2024 and 01/05/2024 (initials only). Child #6: A departure time for 01/10/2024.”

AAC R9-5-203.G G. If required by A.R.S. § 8-804, before an individual’s starting date of employment or volunteer service, a licensee shall comply with the submission requirements in A.R.S. § 8-804(C) for the individual.

“Findings: Based on facility documentation and Compliance Officer #2's observation, the file for Staff #5, start date 10/30/2023 lacked documentation that the Central Registry Clearance Form completed on 10/23/2023 was submitted to DCS for verification.”

AAC R9-5-203.A. A. A licensee shall ensure that a staff member completes, signs, dates, and submits to the licensee, before the staff member’s starting date of employment or volunteer service: 1. The form required in A.R.S. § 36-883.02(C); and 2. If required by A.R.S. § 8-804, the form in A.R.S. § 8-804(I).

“Findings: Based on facility documentation and Compliance Officer #2's observation, it was determined that the Criminal History Affidavit for Staff #2 (start date 08/28/2023) was incomplete. The affidavit lacked the date it was signed.”

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 Compliance Officer #1's observation the diaper changing area hand-washing sinks in the following rooms lacked running water between 86° F and 110° F as required: Twos I: 82 degrees Twos II: 82.4 degrees Twos IV: 76 degrees Early Preschool: 81 degrees”