We Love Kids Child Care

AAC R9-5-512.D. D. A licensee shall ensure that toilet bowls, lavatory fixtures, and floors in toilet rooms and kitchens are cleaned and sanitized as often as necessary to maintain them in a clean and sanitized condition or at least once every 24 hours.

“Findings: Based on the Compliance Officer’s observation, in the School-age Girls' bathroom, the tile next to the toilet was lifting and there was a 3-4 inch chunk of tile missing. In the 5's Classroom, the caulking around the toilet was brown and cracked.”

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 forms lacked the following required information: Child #1: Medication 1-The end date of the dosage and the time and frequency of administration. Medication 2-The time and frequency of administration. Child #2: The time and frequency of administration.”

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 Officer #2’s observation, the file for Staff #1 lacked documentation of an evaluated diploma issued in a foreign country that is equivalent to a high school diploma in the United States.”

AAC R9-5-306.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, 3 out of 15 enrolled children’s attendance forms lacked the following information: Child #1: An admission and release signature (initials only) for 10/1-10/4/2024, 10/7/2024 and 10/8/2024. Child #2: An admission and release signature (initials only) for 10/1-10/4/2024 and 10/8/2024. Child #3: An admission and release signature (initials only) for 10/1-10/4/2024 and 10/7/2024.”

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, there were chips in the tiles on the floor next to the toilets in the 3’s and the School-Age classrooms.”

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 #2’s observation, in the 2’s classroom, there was a container of gel deodorizer on the toilet paper holder in the restroom.”

AAC R9-5-501.C.2. C. A licensee shall ensure that a staff member:2. Does not smoke or use tobacco: a. On facility premises, except in designated areas separated from the children; or b. On a field trip or when transporting an enrolled child;

“Findings: Based on the Compliance Officers' observations, there were multiple cigarette butts located outside of the infant room on facility premises. The Compliance Officers' observed 35 cigarette butts in a trash can, 4 on the ground and 5 in a cup. Reference R9-2-102 and ARS-36-601.01”

AAC R9-5-301.D. D. A licensee shall ensure that the following individuals are allowed immediate access to facility premises during hours of operation: 1. A parent of an enrolled child or an individual designated in writing by the parent of an enrolled child; or 2. A representative of: a. The Department, b. The local health department, c. Arizona Department of Child Safety, or d. The local fire department or State Fire Marshal.

“Per allegation Findings: Based on facility documentation, parent interviews and the Compliance Officers’ observations, parents were not allowed to access the classrooms during hours of operation. A posting on the hallway door indicated "Parents, Please wait in the lobby." A parent stated they were told parents are not allowed in the classrooms. Staff stated that they have not seen parents in the classrooms since Covid.”

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.

“Per allegation Findings: Based on Compliance Officer #2’s observation: 2's Classroom: *One toilet was not in working condition. Big 2's Classroom: *The toilet was clogged with paper towels. School-Age Classroom: Girls *One toilet was not in working condition. *One toilet lacked mounted toilet paper. *The bathroom lacked soap. School-Age: Boys *The bathroom lacked soap, toilet paper and paper towels. *The toilet was not in a working condition and continuously running.”

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 #2’s observation, diaper changing surfaces in the following areas were not kept clear of items: Infant Room: *There were 2 buckets, a towel and multiple toys. 1's Classroom: *There was a trashcan, clipboard and pen. 2's Classroom: *There was a toy fish and a brush.”

AAC R9-5-512.B. B. A licensee shall maintain facility premises and furnishings:1. In a clean condition, and 2. Free from odor.

“Per allegation Findings: Based on Compliance Officer #2’s observation, in the 2's, Big 2's and 3's Classrooms, there was a chair in each restroom.”

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

“Per allegation Findings: Based on facility documentation and Compliance Officer #2’s observation, the ratio in the 3's & 4's classroom was 1:15 instead of 2:15 as required for 3-year-old 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 the Compliance Officers' observations, the following hazard was accessible to enrolled children: School-Age Classroom: *The light was inoperable in the boys' restroom. *There were 3 feet of detached baseboards behind the toilet in the girls' restroom. Big 2's Classroom: *There was a 3-inch detached baseboard next to the toilet. *There was a lifted floor tile next to the toilet.”

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 facility documentation and the Compliance Officers' observation, the Illness log lacked documentation of when parents were notified.”

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 Compliance Officer #2's observations, it was determined that the files for Staff #1, Staff #2, Staff #3 and Staff #4 lacked documentation of a validated fingerprint clearance card.”

AAC R9-5-304.B. B. Except as required in A.R.S. § 36-3009, before an enrolled child receives child care services, a licensee shall require the enrolled child’s parent to complete a Department-provided Emergency, Information, and Immunization Record card that is signed by the enrolled child’s parent containing: 1. The child’s name, home address, city, state, zip code, home telephone number, sex, and date of birth; 2. The date of the child’s enrollment; 3. The name, home address, city, state, zip code, and contact telephone number of each parent of the child; 4. The name and contact telephone number of at least two individuals authorized by the child’s parent to collect the child from the facility in case of emergency, or if the child’s parent cannot be contacted; 5. The name and contact telephone number of the child’s health care provider; 6. The written authorization for emergency medical care of the enrolled child when the parent cannot be contacted at the time of the emergency; 7. The name of the individual to be contacted in case of injury or sudden illness of the child; 8. The written instructions of a child’s parent or health care provider for nutritional and dietary needs of the child including, if applicable, the request in R9-5-509(C)(9); and 9. A written record completed by the child’s parent or health care provider noting the child’s susceptibility to illness, physical conditions of which a staff member should be aware, and any individual requirements for health maintenance.

“Findings: Based on facility documentation and Compliance Officer #2’s observations, it was determined that 9 out of 20 children’s Emergency, Information and Immunization Record cards reviewed lacked the following information: Child #1: The child’s city, state and zip code. Parent #1’s city and state and Parent #2 city, state and zip code. Child #2: The child’s home telephone number. Child #3: The child’s city, state, zip code and home telephone number. Parent #1’s city, state and zip code. Child #4: The child’s state and Parent #1’s city, state and zip code. Child #5: Parent #1’s city, state and zip code. Child #6 and Child #7: The date of the child’s enrollment, city, state and zip code. Parent #1’s city, state and zip code. Child #8: The date of the child’s enrollment. Child #9: The date of the child’s enrollment and their state.”

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 7 out of 15 enrolled children’s attendance forms lacked the following information: Child #9: A release signature on 10/5/23. A release signature and time on 10/6/2023. Child #10: A complete admission and release signature on 10/6/2023. Child #11: A complete admission and release signature on 10/2/2023, 10/4/2023, 10/5/2023 and 10/6/2023. Child #12: A complete admission signature on 10/10/2023. Child #13: A complete release signature on 10/3/2023, 10/4/2023 and 10/5/2023. Child #14: A release signature and time 10/6/2023. Child #15: A complete admission signature on 10/2/2023-10/5/2023.”

AAC R9-5-501.A.12. A. A licensee shall ensure that: 12. The facility premises, including the buildings, are maintained free from hazards;

“Findings: Based on Compliance Officer #1’s observations, the following hazards were accessible to enrolled children: 2’s-Older Classroom: *There was a cabinet door off the hinge under the diaper changing table. 2’s-Younger Classroom: *There was peeling laminate with exposed particle board on a white shelf on the North wall. 3’s and 4’s Classrooms: *The metal transition strips in the bathroom doorways were lifting and bending upward. 5’s Classroom: *There was a cracked faceplate with exposed sharp edges on the North wall. School-Age Classroom: *There were staples protruding outwards in 18 groups of 2 on the East wall. *There was a shattered window near the floor behind a metal shelf on the South wall. *There was a broken metal shelf with exposed sharp edges in the game closet on the South wall. *There were 2 missing electrical faceplates on the West wall. *There was peeling laminate with exposed particle board on the white shelf near the West wall. *There was 12-inch strip of baseboard peeling from the wall. *There was a 3-inch X 3-inch hole in the plaster behind the boys bathroom door.”

AAC R9-5-501.A.15. A. A licensee shall ensure that: 15. Except when an enrolled child is napping or sleeping, each room used by an enrolled child is maintained at a minimum of 30 foot candles of illumination;

“Findings: Based on Compliance Officer #1’s observation, the 1’s classroom lacked a light on during nap time and was pitch black. It was too dark to see the faces of the enrolled children.”

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

“Findings: Based on Compliance Officer #1’s observations, in the older 2’s classroom, there were 4 wipes that lacked the enrolled child’s first and last name as required. In the younger 2’s classroom, there were 3 diaper creams that lacked the enrolled child’s first and last name as required.”

AAC R9-5-502.A.11. A. A licensee providing child care services for infants shall: 11. Label each food container received from the parent with the infant's name.

“Findings: Based on Compliance Officer #1’s observation, in the Infant room's refrigerator, there was a bottle and a bag of white liquid labeled first name only.”

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, in the 1’s classroom, the temperature of the diaper changing sink was 123° F. In the younger 2’s classroom, the temperature of the diaper changing sink was 133.3° F rather than between 86° F and 110° F as required.”

AAC R9-5-512.B. B. A licensee shall maintain facility premises and furnishings: 1. In a clean condition, and 2. Free from odor.

“Findings: Based on Compliance Officer #1’s observations, the following areas were not maintained in a clean condition: Infant Room: *There was food splatter on the South wall behind the high chairs. Older 2’s Restroom: *There was a dust build-up on the vent on the ceiling. 4’s Restroom: *There was a dust build-up on the ledge around the room. *There was a dust build-up on the vent on the ceiling. School-age Classroom: *There were multiple color spots on the East wall behind the counter. *There was a thick dirt build-up along the South wall and window sills. *There was a dust build-up on the vent in the girls restroom.”

AAC R9-5-512.F. F. A licensee shall ensure that: 1. Each toilet room in a facility contains, within easy reach of enrolled children: a. Mounted toilet tissue; and b. Except as provided in subsection (G): i. A sink with running water; ii. Soap contained in a dispenser; and iii. Disposable, single-use paper towels in a mounted dispenser, or a mechanical air hand dryer; 2. Staff members wash their hands with soap and running water after toileting; 3. An enrolled child’s hands are washed with soap and running water after toileting; 4. Except for a cup or receptacle used only for water, food waste is stored in a covered container and the container is clean and lined with a plastic bag; 5. Food waste and other refuse is removed from the facility building at least once every 24 hours or more often as necessary to maintain a clean condition and avoid odors; 6. A staff member or an enrolled child does not draw water for human consumption from a toilet room handwashing sink; 7. Toys, materials, and equipment are maintained in a clean condition; 8. Plumbing fixtures are maintained in a clean and working condition; and 9. Chipped or cracked sinks and toilets are replaced or repaired.

“Findings: Based on Compliance Officer #1's observation, in the younger 2's restroom, both toilets were inoperable.”

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 #1's observations, the floor in the vehicle (CK27756) was dirty with a build-up of sand, debris and small pieces of paper. In the vehicle (CK27756) the middle seatbelt buckle was inoperable in the 3rd row.”

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 facility documentation and Compliance Officer #2's observations, field trip documentation to Sky Zone and Harkins (07/19/2023, 07/21/2023, and 07/28/2023) lacked the times of departure and return to the facility, as well as the hourly attendance checks during the field trips; the license plate numbers of the vehicle used; and the names of the adults attending the field trips.”

ARS § 36-883.02.A. A. Except as provided in subsection B of this section, child care personnel, including volunteers, shall submit the form prescribed in subsection C of this section to the employer and shall have valid fingerprint clearance cards issued pursuant to section 41-1758.07 before starting employment or volunteer work.

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that the file for Staff #1 (Date of employment-5/19/2023, Card Issued-5/30/2023) lacked documentation of a valid fingerprint clearance card prior to their start date.”

ARS § 36-883.02.C. C. Applicants, licensees and child care personnel shall attest on forms that are provided by the department that: 1. They are not awaiting trial on or have never been convicted of or admitted in open court or pursuant to a plea agreement committing any of the offenses listed in section 41-1758.07, subsection B in this state or similar offenses in another state or jurisdiction. 2. They are not parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201. 3. They have not been denied or had revoked a certificate to operate a child care group home or a license to operate a child care facility in this or any other state or that they have not been denied or had revoked a certification to work in a child care facility or child care group home.

“Findings: Based on facility documentation and Compliance Officer #2’s observation, it was determined that the file for Staff #5 lacked a response to question #2 of the Criminal History Affidavit.”

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 facility documentation and Compliance Officer #2’s observation, it was determined that 1 out of 6 staff files reviewed lacked the required training documentation: Staff #1: An Additional 11 of the 18 hours of annual training required for the time period of 11/29/2021-11/29/2022.”