YMCA at Biltmore Preparatory Academy

AAC R9-5-742.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 Compliance Officers' observations, the following hazards were observed on the facility playgrounds: Front Grass Area: *There were 7 large holes in the concrete with sharp cement edges located at the bottom of the exterior wall. *There were four large concrete footings at the base of four black shade poles. *There was peeling paint and active rust on the black shade poles.”

AAC R9-5-733.F.1. F. A licensee shall ensure that: 1. Each toilet room in a facility contains, within easy reach of enrolled children: a. Mounted toilet tissue; andb. 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;

“Findings: Based on the Compliance Officer’s observations, in the classrooms. the paper towels were not in a mounted dispenser.”

AAC R9-5-733.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 observation, on the large playground, the blue climber had several spots of bird feces.”

AAC R9-5-728.A.3. A. A licensee providing child care services for school-age children shall: 3. Provide age-appropriate toys, materials, and equipment accessible to enrolled children in each activity area in a quantity sufficient to meet the needs of the enrolled children in attendance including: a. Arts and crafts, b. Games, c. Puzzles and toys to enhance manipulative skills, d. Books, e. Science materials, f. Sports equipment, and g. Outdoor play equipment;

“Findings: Based on the Compliance Officer's observations, the facility classrooms lacked a sufficient amount of items of art supplies, games, puzzles, and toys used for manipulation, books, and science materials for the enrolled children in attendance.”

AAC R9-5-715.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 facility documentation and the Compliance Officer's observation, the main posting board lacked a current facility license.”

AAC R9-5-721.C. C. A licensee shall maintain on facility premises: 1. A current fire inspection report including documentation of any repairs or corrections required by the fire inspection report; and 2. If there are gas pipes that run from a gas meter to an appliance or location on the facility premises, a current gas inspection report including documentation of any repairs or corrections required by the gas inspection report.

“Findings: Based on facility documentation and the Compliance Officer's observation, the facility lacked a violation-free fire inspection.”

AAC R9-5-727.A.8. A. A licensee shall ensure that: 8. The facility premises, including the buildings, are maintained free from hazards;

“Findings: Based on the Compliance Officer’s observations, the following hazards were accessible to enrolled children: Front Outside Boys Toilet Room: *There was a loose toilet seat in stall #1. Classroom #107: *There were three sharp metal edges located on a 5-foot metal bar on the North wall.”

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's observation, Room 602 had an accumulation of debris, food waste and grime along the flooring throughout the room.”

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 Compliance Officer's observation, the wood chips below the swing set outside of Room 605 measured less than 1 inch in depth.”

AAC R9-5-602.A. A. A licensee shall ensure that the facility meets the following square footage requirements for indoor activity areas based on the child care services classifications:1. At least 35 square feet of indoor activity space for each infant and 1-year-old child; 2. At least 25 square feet of indoor activity space for each child who is not an infant or 1-year-old child; and 3. When 1-year-old children are grouped together with children older than 1-year-old children in the same activity area, at least 35 square feet of indoor activity space for each child.

“Findings: Based on Compliance Officer's observation and review of facility documentation, Room 602 had 47 children present in room with capacity posted of 38.”

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's observation, there was a trash receptacle containing food waste that lacked a cover in Room 602.”

AAC R9-5-203.B. B. A licensee shall maintain documentation of a valid fingerprint clearance card issued under A.R.S. § 41-1758.03 and valid background check document issued under in A.R.S. § 46-811.

“Findings: Based on Compliance Officer's observation and review of facility documentation, the fingerprint clearance card for Staff #1 (start date 10/15/24) was not present for review, therefore compliance could not be determined.”

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 Compliance Officer's observation and review of facility documentation, Staff #2 had not completed the daily attendance record for 12/4/24.”

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 Compliance Officer's observation and review of facility documentation, the roster for Room 602 reflected the presence of 53 children, however there were actually 48 children present and the roster for Room 606 reflected the presence of 39 children, however only 31 children were present. Additionally, a child from Room 606 had been moved to room 605 but the temporary absence had not been reflected on the facility rosters.”

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 Compliance Officer's observation and review of facility documentation, Staff #3 lacked a current staff file at the facility, therefore the educational documentation to qualify the staff member as a teacher/caregiver could not be reviewed.”

AAC R9-5-402.A. A. A licensee shall maintain a file for each staff member containing:1. The staff member’s name, date of birth, home address, and telephone number; 2. The staff member’s starting date of employment or volunteer service; 3. The staff member’s ending date of employment or volunteer service, if applicable; 4. The name and telephone number of an individual to be notified in case of an emergency; 5. The staff member’s written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis; 6. The form required in A.R.S. § 36-883.02(C); 7. Documents required by R9-5-203; 8. Documents required by R9-5-301; 9. Documents required by R9-5-401, if applicable; 10. If applicable: a. The form required in A.R.S. § 8-804(I), b. Documentation of the submission required in A.R.S. § 8-804 and the information received as a result of the submission, and c. Documentation of training provided by a licensee as required by R9-5-403, if applicable; 11. A copy of any current license or certification required by A.R.S. Title 36, Chapter 7.1, Article 1. or this Chapter; and 12. Documentation of the requirements in A.R.S. § 36-883.02(D).

“Findings: Based on Compliance Officer's observation and review of facility documentation, the staff file for Staff #3 was not present for review, therefore compliance could not be determined.”

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 Compliance Officer's observation and review of facility documentation, the file for Staff #3 was not present at the facility, therefore compliance with the 10 day training requirements could not be determined. Additionally, the file for Staff #1 documented a blank 10 day training form.”

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's observation, a child left the playground area and entered Room 602 without a teacher present, and was in the classroom unattended. Additionally, two children were observed throwing sand at one another in the courtyard of the playground. Additionally, a child in Room 606 had climbed atop the counter near the door entrance without a teacher noticing that the child had climbed the counter.”

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

“Findings: Based on Compliance Officer's observation, the two staff members on the playground were not supervising the children that were scattered throughout the playground. A child left the playground and entered Room 602 before Compliance Officer #1 instructed the child to return the the playground. Additionally, 2 children were observed throwing sand at one another without a staff member supervising the 2 children on the courtyard. In Room 606, a child was observed sitting atop a counter near the door, without the staff member in the classroom noticing that the child had climbed onto the countertop.”

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

“Findings: Based on Compliance Officer's observation and review of facility documentation, the activity schedule posted in Room 605 was dated for the week of 11/18-11/22/24.”

AAC R9-5-501.C.5. C. A licensee shall ensure that a staff member:5. Except as provided in subsection (D), prepares and posts a dated lesson plan in each indoor activity area for each calendar week, which is maintained on facility premises for 12 months after the lesson plan date and provides opportunities for each child to: a. Gain a positive self-concept; b. Develop and practice social skills; c. Think, reason, question, and experiment; d. Acquire language skills; e. Develop physical coordination skills; f. Participate in structured large muscle physical activity; g. Develop habits that meet health, safety, and nutritional needs; h. Express creativity; i. Learn to respect cultural diversity of children and staff; j. Learn self-help skills; and k. Develop a sense of responsibility and independence;

“Findings: Based on Compliance Officer's observation and review of facility documentation, the lesson plan posted in Room 605 was for the month of November, 2024.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Based on Compliance Officer's observation and review of facility documentation, the following classrooms did not maintain appropriate staff-to-child ratios: *Room 602: ratio was 2:48 instead of the state mandated ratio of 3:48. *Room 606: ratio was 1:31 instead of the state mandated ratio of 2:31. *repeat citation from9/18/24”

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

“Findings: Based on staff's statements and the Compliance Officer's observation, children were leaving the classrooms and walking alone and unsupervised outside, down the sidewalk into the bathroom. Additionally, two children were alone and unsupervised, running outside in the middle of the courtyard in a separate area of the school. At the same time, the staff was unaware they were in that area. A staff member stated they thought the children were in the bathroom because that is where they said they were going.”

AAC R9-5-510.A.2. A. A licensee shall ensure that a staff member: 2. Teaches, models, and encourages orderly conduct, personal control, and age-appropriate behavior;

“Findings: Based on the Compliance Officer’s observation, staff members failed to teach, model, and encourage orderly conduct, personal control, and age-appropriate behavior in the classroom.: *Staff #1 yelled loudly at the children to get in their seats. *Staff #1 yelled in a loud voice for the children to be quiet. When a child stated that the staff was loud, the staff answered ”I can be loud, I am a teacher”. *Staff #2 Using a loud voice towards the children said, “I am telling you right now, if you do not get in your seats right now, you will have no free time”. *Staff #2 yelled loudly “1-2-3-4-5-6-7-8-9-10, now get in your seats, I’m tired of talking to you kids”.”

AAC R9-5-501.A.14. A. A licensee shall ensure that: 14. Temperatures are maintained between 68° F and 82° F in each room used by enrolled children;

“Findings: Based on the Compliance Officer's observation, in classroom 603 the temperature read 86° F and not between 68° F and 82° F, as required.”

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 observation, in classroom 603, on the floor under the window, there was an unmounted fan.”

AAC R9-5-404.A. A. A licensee shall ensure that at least the following staff-to-children ratios are maintained at all times when providing child care services to enrolled children: Age Group/Staff: Children - Infants/1:5 or 2:11; 1-year-old children/1:6 or 2:13; 2-year-old children/1:8; 3-year-old children/1:13; 4-year-old children/1:15; 5-year-old children not school-age/1:20; School-age children/1:20

“Findings: Based on the Compliance Officers' observation, the staff-to-child ratio was 0:2 when 2 enrolled children were outside in the middle courtyard of the school. The staff-to-child ratios range between 0:1 and 0:3 on 9 separate incidents when children left the classrooms (601, 603, 605, and 606) to use the restrooms around the corner.”