Yad B Yad Children's Center

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 Officers' observations, the feeding instructions of Child #3, Child #6, Child #7, Child #8, and Child #9 lacked the type of formula to be provided and a feeding schedule. Child #3 lacked dated dietary instructions, and Child #6's dietary instructions were not current. Child #8's dietary instructions also lacked the dates of food to be introduced at the facility.”

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 the Compliance Officers' observations, on the Playground, there were bird feces on the ground in multiple areas.”

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 Officers' observations, the following rooms had items not related to diaper changing in the diaper changing area: *Infant Room - There were spray bottles and paint brushes in the sink. *Room 1 (4s) - There was dried paint in the sink. *Room 4 (1s) - There was a plant in the sink. Additionally, in Room 4 (1s), the laminate on the counter on the front of the sink was missing, making the surface unsanitizable.”

AAC R9-5-603.G. G. A licensee shall provide a shaded area for each enrolled child occupying an outdoor activity area at any time of day.

“Findings: Based on the Compliance Officers' observations, in the outdoor activity area, there was insufficient shade for each enrolled child.”

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

“Findings: Based on the Compliance Officers' observations, the following fall zones on the Playground lacked sufficient resilient surfacing (sand) as required: *3" of the required 6" of sand in the fall zone of the green step ladder. *4” of the required 6" of sand in the fall zones of the climber and parallel bars.”

AAC R9-5-302. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following: 1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Guidelines for positive discipline reflective of age-appropriate methods for children that include clear, appropriate, consistent expectations; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services; and 19. Policies and procedures for suspension and expulsion of children to include clear, appropriate, consistent expectations, including suspension and expulsion prevention strategies.

“Findings: Based on facility documentation and the Compliance Officer's observation, the facility's written statement of childcare services lacked the following: *The facility's street address, city, state, zip code, and mailing address, *Transportation procedures, and *Field trip requirements and procedures.”

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 Officers' observations, the following hazards were observed on the Playground: *There was a red easel with sharp, broken pieces on 2 of 3 sides. *There was a green irrigation lid with broken and sharp edges. *There was peeling and rusted metal on the left side of a metal bench. *There was a broken plastic green sand sifter with sharp edges. *There were thorns accessible to children on the pomegranate tree. *There was splintered wood and exposed screws on the music wall. *There was peeling yellow paint on 3 dump trucks.”

AAC R9-5-306.A. A. A licensee shall: 1. Maintain a dated attendance form containing an enrolled child’s name with the time of each admission and release, and the parent or staff member's signature or other unique identifier. 2. If an electronic signature is used to admit or release the enrolled child, 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; 3. 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. 4. 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. 5. 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. 6. Maintain the attendance form on facility premises for 12 months after the date of attendance.

“Findings: Based on facility documentation and the Compliance Officers' observations, 4 out of 15 children's attendance records lacked the following information: *Child #2 - a release signature and departure time on 04/07/2026. *Child #3 - a release signature on 04/14/2026. *Child #4 - a release signature and departure time on 04/01/2026. *Child #5 - a release signature and departure time on 04/24/2026.”

AAC R9-5-512.C. C. A licensee shall ensure that floor coverings are: 1. Clean; and 2. Free from: a. Dampness, b. Odors, and c. Hazards.

“Findings: Based on the Compliance Officers' observations, in Room 1 (4s), there was 12" of unsecured and flooring that was lifting near the diapering sink.”

AAC R9-5-501.A.10. A. A licensee shall ensure that: 10. If a staff member places an enrolled child in a feeding chair when feeding the enrolled child, the: a. Feeding chair is constructed to prevent toppling; b. Tray or feeding surface of the feeding chair is smooth and free of cracks; and c. Staff member: i. Cleans the feeding chair before and after each enrolled child's use; ii. Sanitizes the tray or feeding surface before and after each enrolled child's use; and iii. If the feeding chair was manufactured with a safety strap, fastens the feeding chair's safety strap while the enrolled child is in the feeding chair;

“Findings: Based on the Compliance Officers' observations, in the Infant Room, 2 of 3 high chairs lacked safety straps.”

AAC R9-5-516.G. G. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment.

“Findings: Based on the Compliance Officers' observations, Child #1's medication expired 06/30/2025 and had not been discarded nor returned to the enrolled child's parent.”

AAC R9-5-502.A.10. A. A licensee providing child care services for infants shall: 10. Ensure that an occupied crib with a crib side that does not have a non-porous barrier is placed at least 2 feet from another occupied crib side that does not have a non porous barrier; and

“Findings: Based on the Compliance Officers' observations and staff statement, in the Infant Room, there were eight cribs lacking at least 2 feet of spacing from another crib. There were adjacent cribs perpendicular to one another or placed side to end. Staff stated they put infants in the cribs that are side to end.”

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 observations, it was determined that 5 out of 10 enrolled children's Emergency Information and Immunization Record Cards reviewed lacked the following required information: Child #1, Child #2, Child #3, Child #4, & Child #5: Dates of enrollment.”

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

“Findings: Based on the Compliance Officer's observations, the outdoor activity area lacked 3" of the required 6" of resilient surface (sand) in the fall zones of the pull up bar and the stair stepper. ***Previously cited 5.3.2023, 5.2.2024, & 4.29.2025”

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

“Findings: Based on the Compliance Officer's observation, in the Boys’ toilet room, the toilet seat was loose and not secured. ***Previously cited 4.29.2025”

AAC R9-5-501.A.20. A. A licensee shall ensure that: 20. 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 the Compliance Officer's observation of the outdoor activity area, near the garden area, there was a wheel barrel accessible to enrolled children.”

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

“Findings: Based on the Compliance Officers' observations and staff statement, in Room 6 (2s), there was a container of Sunscreen labeled with a child’s first name only. Staff stated they did not have written permission to use specific wipes on the children. ***Previously cited 4.29.2025”

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 the Compliance Officer's observation, in the Infant room, there was one bottle labeled with a child’s first name only in the refrigerator. ***Previously cited 5.2.2024 & 4.29.2025”

AAC R9-5-504.A.3. A. A licensee providing child care services for 1-year-old and 2-year-old children shall: 3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment that are too large for a child to swallow and free from sharp edges and points, in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Art supplies; b. Books; c. Rubber or soft plastic balls; d. Puzzles and toys to enhance manipulative skills; e. Blocks; f. Washable soft toys and dolls; g. Musical instruments; and h. Indoor and outdoor equipment to enhance large muscle development;

“Findings: Based on the Compliance Officers' observations, Room 1 (1s) lacked musical instruments and rubber or soft plastic balls.”

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: Based on facility documentation and the Compliance Officers' observations, the 3’s menu lacked a second afternoon snack component. (The menu stated the following was served to enrolled children: Monday- wheat thins, Tuesday - Pirates booty, Wednesday - Goldfish, Thursday - wheat thins.)”

AAC R9-5-509.C.17. C. A licensee shall ensure that: 17. 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 facility documentation and the Compliance Officer’s observations, the menu lacked the specific type/flavor of granola bar and Chewy bar to be served to enrolled children. ***Previously cited 4.29.2025”

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 the Compliance Officers' observations, in Room 5 (1/2s), the ceiling vent was dirty. ***Previously cited 5.3.2023 & 4.29.2025”

AAC R9-5-303.A. A. A licensee shall post in a place that can be conspicuously viewed by individuals entering or leaving the facility or activity area, the: 1. Facility’s license; 2. Name of the facility director; 3. Name of the individual designated to act on behalf of the facility director when the facility director is not present in the facility, as prescribed by R9-5-301(B)(1); 4. Schedule of child care services fees and policy for refunding fees as prescribed by A.R.S. § 36-882(P); 5. Breakfast, lunch, dinner, and snack menus for each calendar week at the beginning of the calendar week; 6. Notice of the presence of any communicable disease or infestation listed in 9 A.A.C. 6, Article 2, Table 2.2, from the date of discovery through the incubation period of the communicable disease or infestation; 7. Notice of the Department’s intent to deny, revoke, or suspend as prescribed by A.R.S. § 36-888 at the expiration of time in the notice for the licensee to respond; 8. Notice of an intermediate sanction imposed as prescribed by A.R.S. § 36-891.01 within 10 calendar days after the licensee received notice of the intermediate sanction; 9. Notice of a legal injunction imposed as prescribed by A.R.S. § 36-886.01 when the licensee receives the legal injunction; and 10. Notice of the availability of facility inspection reports for public viewing at the facility premises.

“Findings: Based on the Compliance Officers' observations, the main posting area lacked the weekly menu.”

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, Child #6's medication form lacked the starting and ending dates of the dosage period.”

AAC R9-5-203.G. G. As 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 the Compliance Officer's observations of 3 staff files, Staff #1's (DOE 1/17/2025) file lacked the DCS submittal requirements.”

AAC R9-5-516.G. G. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment.

“Findings: Based on facility documentation, the Compliance Officer's observation and staff statement, Child #7's medication form stated the ending date to administer the medication was 6/30/2025, and the medication was at the facility and not returned to the child's parent.”

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 Officers' observations of the outdoor activity area, the following hazards were observed: *One leg was not secured on the Pop-up shade tent. *There were 2 rusted blue benches with peeling metal on the edges of the footings. *There were thorns accessible on the pomegranate tree. *The green Rain bird irrigation lid was cracked with sharp edges. *There was a green metal rod with sharp edges in the garden area. *There was an unraveled black hose on the ground. *There was detached and loose stucco on the lower section of the South side of the building. *There were 16 various sized containers of paint (4 large, 7 gallon-size, and 5 small) on the ground. *There was exposed black piping in the garden area. ***Previously cited 4.29.2025”

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

“Findings: Based on the Compliance Officer's observations, the following items lacked a label of the child's first and last name as required: Room 6: 4 unlabeled containers of sunscreen. Infant room: 1 unlabeled diaper cream and 1 diaper cream labeled with a child’s first name and last initial. The facility lacked written approval for use of the facility-provided wipes from enrolled children's parents.”

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 Officer's observations, the following was accessible to enrolled children: Girls’ toilet room: There was a toilet bowl brush on the floor outside of the left stall. Boys’ toilet room: There was a toilet brush in the right stall, and Disinfectant Deoderant Plus on the handicap bar. ***Previously cited 5.2.2024”

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

“Findings: Based on the Compliance Officer's observations, in the Infant room, there were 2 unlabeled pacifiers in cribs with infants.”

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

“Findings: Based on the Compliance Officer's observations and staff statements, the following hazards were accessible to enrolled children: Room 6 (2s): One of the ceiling tiles was bowed downward. Staff stated it was from a leak that was fixed. Room 2/3 (4 & 5s): There were patches of exposed drywall on the wall near an exit door. Room 1 (3s): There was a black cord attached to a sound machine dangling down to an outlet. Boys’ toilet room: The right toilet seat was loose. Girls’ toilet room: The left toilet seat was loose.”

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 observations, the health, safety and welfare of an enrolled infant was placed at risk of harm. In the Infant room, there was an infant in tummy time on a boppy. Staff #4 was doing other duties and was not seated next to the infant in tummy time. There was a second boppy in the room that was not being used.”

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, the Compliance Officer's (CO) observations and staff statement, Staff #3 (DOE 7/23/2024) & Staff #4's (DOE 3/15/2017) files lacked documentation of education. Staff stated Staff #3 works alone with children. The CO observed Staff #4 alone with children in the Infant room. ***Previously cited 5.2.2024”

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 observations, in Room 5 (1/2s), there were 6 children present and 1 child was marked on the roster. ***Previously cited 5.2.2024 & 9.10.2024”

AAC R9-5-302. A. A licensee shall prepare a written statement of child care services provided by the licensee that includes the following:1. A description of the facility’s child care services classifications in R9-5-204; 2. Hours of operation; 3. The facility’s street address, city, state, zip code, mailing address, and telephone number; 4. Child enrollment and disenrollment procedures; 5. Charges, fees, and payment requirements for child care services; 6. Child admission and release requirements; 7. Age-appropriate discipline guidelines and methods; 8. Transportation procedures; 9. Field trip requirements and procedures; 10. Responsibilities and participation of parents in facility activities; 11. A general description of activities and programs; 12. A description of the liability insurance required by R9-5-308 that is carried by the licensee and a statement that documentation of the liability insurance coverage is available for review on the facility premises; 13. Medication administration procedures; 14. Accident and emergency procedures; 15. A notice stating inspection reports are available on-site; 16. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department’s local street address, city, state, zip code, and local telephone number; 17. The procedures for notifying a parent at least 48 hours before a pesticide is applied on a facility’s premises; and 18. A statement that a parent has access to the areas on facility premises where the parent’s enrolled child is receiving child care services. B. A licensee shall provide a copy of the written statement of child care services: 1. To the Department: a. Before the facility receives a license, and b. Every 12 months after the date of the license as required by A.R.S. § 36-883.01; and 2. To a parent when the parent requests a copy of the written statement of child care services.

“Findings: Based on facility documentation and the Compliance Officer's observations, the statement of services lacked the following information: 1. Field trip requirements and procedures, and 2.Transportation procedures.”

AAC R9-5-605.B.9. B. A licensee shall ensure that: 9. Fans are mounted and inaccessible to an enrolled child;

“Findings: Based on the Compliance Officer's observations, in Room 6 (2s), there were 2 unmounted black fans accessible to enrolled children.”

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

“Findings: Based on the Compliance Officer's observations, the Outdoor activity area lacked the following resilient surfacing: *5.5” of the required 6” of sand in the fall zones of 6 wooden raised octagon steps. *5” of the required 6” of sand in the fall zones of 2 wooden balance beams. *2” - 5.5” of the required 6" of sand in the fall zones of the climbing structure. ***Previously cited 5.3.2023 & 5.2.2024”

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 the Compliance Officer's observations of the outdoor activity area, the following hazards were accessible to enrolled children: *There was a white mesh bag and a black mesh bag with a pull string on the ground. *There were 2 rusted blue benches with sharp peeling metal on the edges of the footings. *There were 2 trees with thorns (1 was a pomegranate tree). *There was an unsecured pop-up tent in the sand. *There were sharp edges, rust, and peeling plastic on the thick plastic covering on 2 red tables. *There were 3 long white pvc pipes on the ground. *There were sharp broken edges on a blue and black bucket that was filled with concrete. *The green Rain Bird irrigation lid was broken and cracked with sharp edges. *There was a metal green rod with sharp ridges and black piping exposed in the garden area. *There were loose bricks around the garden area. *There was sharp broken plastic on 2 red trash container lids. *There was an unraveled black hose on the ground. *There was detached, loose stucco on the bottom of the North building. *There were 2 tall artificial leave-type structures with 3 wooden posts leaning against the North building.”

AAC R9-5-301.B. B. A licensee shall ensure that a facility director: 1. Designates, in writing, an individual who meets the requirements of R9-5-401(2) to act on behalf of the facility director when the facility director is not present in the facility; 2. Supervises or assigns a teacher-caregiver to supervise each staff member who does not meet the qualifications of R9-5-401(3); 3. Prepares a dated attendance record for each day and ensures that each staff member documents on the attendance record the time of each arrival and departure of the staff member; and 4. Maintains on the facility premises, the dated attendance record required in subsection (B)(3) for 12 months after the date on the attendance record.

“Findings: Based on facility documentation and the Compliance Officer's observations of 5 staff files, it was determined that Staff #4 (DOH 3.15.2017) was a teacher caregiver alone with enrolled children in the Infant room at the time of the inspection. Staff #4 was not qualified as a teacher-caregiver and was not supervised by a qualified staff member. ***Previously cited 5.2.2024”

AAC R9-5-512.A. A. A licensee shall maintain facility premises free of insects and vermin.

“Findings: Based on the Compliance Officer's observations, in the Girls toilet room, there were 2 dead cockroaches on the floor.”

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, Child #1's medication only contained 1/2 of the prescribed medication dose.”

AAC R9-5-301.A. A licensee shall: 1. Designate a facility director who acts on behalf of the licensee and is responsible for the daily on-site operation of a facility; 2. Submit the name of the designated facility director in writing to the Department before a license is issued; 3. Except as provided in subsection (A)(4), within 10 calendar days before changing a facility director, submit written notice of the change including the new designated facility director’s name and starting date; 4. If the licensee is not aware of a change in the facility director 10 calendar days before the effective date of the change, submit written notice of the change to the Department including the new designated facility director’s name and starting date within 72 hours after becoming aware of the change.

“Findings: Based on facility documentation and staff statement, the Licensee failed to notify the department in writing within ten days of any change in the child care facility's director. Staff #2 stated Staff #1 is no longer the Director and has been gone for a couple of months.”

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 observations, the posted menu lacked the specific type/flavor of fruit bowl, cheese, granola bars and yogurt to be served 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, the following diaper changing areas were not kept clear of items not required for diaper changing: Room 5 (1 & 2s): There was a roll of tape and a speaker on the diaper surface. Room 6 (2s): There were paint splatters in the diaper sink.”

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 the Compliance Officer's observations, in the Infant room, there were 2 unlabeled bottles in the refrigerator. ***Previously cited 5.2.2024”

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, a staff member failed to supervise a non-crawling infant while the infant was flat on their stomach on the floor in tummy time. Staff #4 was doing other duties and was not seated next to the infant in tummy time.”

AAC R9-5-502.A.1. A. A licensee providing child care services for infants shall: 1. Provide a wall-enclosed room for infants that provides exits required by R9-5-601(1);

“Findings: Based on the Compliance Officer's observation, the Infant room door was open. ***Previously cited 5.3.2023 & 5.2.2024”

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 the Compliance Officer's observations, the following was not maintained in a clean condition: Room 5 (1/2s): *There were dirty smears on a cabinet where the drawer was missing. *There were paint splatters on the wall. Room 4 (1s): There were 2 dusty air conditioning vents. Room 6 (2s): There was a dusty air conditioning vent. Room 6 toilet room: There was a clear container, an orange Home Depot bucket and a box on the floor being stored in the toilet room. Playground: There was bird feces on the ground near Room 2/3 exit doors, and bird feces on a grey container lid. ***Previously cited 5.3.2023”

AAC R9-5-301.B. B. A licensee shall ensure that a facility director: 1. Designates, in writing, an individual who meets the requirements of R9-5-401(2) to act on behalf of the facility director when the facility director is not present in the facility; 2. Supervises or assigns a teacher-caregiver to supervise each staff member who does not meet the qualifications of R9-5-401(3); 3. Prepares a dated attendance record for each day and ensures that each staff member documents on the attendance record the time of each arrival and departure of the staff member; and 4. Maintains on the facility premises, the dated attendance record required in subsection (B)(3) for 12 months after the date on the attendance record.

“Findings: Based on the Compliance Officer's observation, Staff #2 was observed working alone and unsupervised in the infant room. Per the review of staff #2's file, it was determined the staff does not meet the minimum qualifications of a teacher and is required to be supervised.”

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 the Compliance Officer's review of Staff #4's file (DOE 12/11/23), the licensee did not verify the validity of the staff's fingerprint clearance card until 12/15/23, rather than before the staff's date of employment.”

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 the Compliance Officer's observation, 3 containers of infant food were not labeled with the infant's first and last name.”

AAC R9-5-502.C.1.l. C. A licensee shall ensure that:1. A staff member providing child care services in an infant room: l. 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 the Compliance Officer's observation and on a discussion with staff, the written feeding instructions for 6 of the infants lacked the following required information: *Child #1, #3, #4, #5 and #6 - The staff stated these infants were all eating food. The written instructions, however, lacked the amount of food to be fed and the frequency of the feedings; and *Child 2- The written instructions lacked the frequency and the amount of breast milk to be fed.”

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 Officer's observation, the following hazardous equipment was accessible to the children: *Room 6- A toilet brush was stored on the bathroom floor; and *Outside playground- A metal extension ladder, a 2 foot long metal spike and a wheelbarrow.”

AAC R9-5-502.A.1. A. A licensee providing child care services for infants shall: 1. Provide a wall-enclosed room for infants that provides exits required by R9-5-601(1);

“Findings: Based on the Compliance Officer's observation, when the Compliance Officer arrived at the facility, the infant room door that leads to the hallway was propped open. Later in the inspection, the infant room’s rear exit door was propped open. **Repeat deficiency that was also cited at the time of the May 2023 inspection.”

AAC R9-5-516.G. G. A licensee shall return all unused prescription and nonprescription medications to a parent when the medication prescription date has expired or the medication is no longer being administered to the enrolled child or dispose of the medication if unable to locate the enrolled child's parent after the child's disenrollment

“Findings: Based on the Compliance Officer's review of the children's medications, the following medications had expired: *A child’s allergy medication expired in 2/2024; *An Epipen expired in 11/2023; and *Infant Tylenol expired in 3/2024.”

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 the Compliance Officer's observation, 1 infant's bottle was not labeled with the infant's first and last name.”

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 the Compliance Officer's observation, Staff #2 was observed working alone in the infant room and as the teacher. A review of Staff #2's file determined the staff had documentation of education from a foreign country (Honduras). The file lacked the education's level of equivalency verification and it could not be verified if the staff met the minimum qualifications required for a teacher.”

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 the Compliance Officer's review of the first aid kit, various single use packets of stock medications were found in the kit including aspirin, Aleve cough drops, burn cream antibiotic cream and antacid tablets.”

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

“Findings: Based on the Compliance Officer's inspection of the outdoor activity area, the sand in the fall zones measured the following depths: *1 inch of the required 6 inches at the base of the slide, under the steps and under the hanging bars; and *3 inches of the required 6 inches under the stepping stools.”

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 and on a discussion with staff, a 5 month old infant was observed in tummy time. The sole staff was across the room near the diapering table. The staff acknowledged the infant was not able to crawl.”

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 observation, 3 children were present in Room #4 but the roster only listed 1 child as present.”