Licensing Standards for Group Homes

9. AAC 5. DEPARTMENT OF HEALTH SERVICES CHILD CARE FACILITIES

ARTICLE 1. GENERAL

R9-5-101. Definitions

In this Chapter, unless otherwise specified:

1. "Abuse" has the same meaning as in A.R.S. § 8-201.

2. "Accident" means an unexpected occurrence that:

a. Causes physical injury to a child,

b. Requires attention from a staff member, and

c. May or may not be an emergency.

3. "Accommodation school" has the same meaning as in A.R.S. § 15-101.

4. "Accredited" means approved by the:

a. New England Association of Schools and Colleges,

b. Middle States Association of Colleges and Secondary Schools,

c. North Central Association of Colleges and Schools,

d. Northwest Association of Schools and Colleges,

e. Southern Association of Colleges and Schools, or

f. Western Association of Schools and Colleges.

5. "Activity" means an action planned by a licensee and performed by a child while supervised by a staff member.

6. "Activity area" means a specific indoor or outdoor space or room of a licensed facility that is designated by a licensee for use by enrolled children for activities.

7. "Adaptive device" means equipment used to augment an individual's use of the individual's arms, legs, sight, hearing, or other physical part or function.

8. "Adult" means an individual who is at least 18 years of age.

9. "Age-appropriate" means consistent with a child's age and age-related stage of physical growth and mental development.

10. "Agency" means any board, commission, department, office, or other administrative unit of the federal government, the state, or a political subdivision of the state.

11. "Applicant" means an individual or business organization requesting one of the following:

a. An initial or renewal license, or

b. Approval of a change affecting a license under R9-5-206.

12. "Application" means the documents that an applicant is required to submit to the Department for licensure or approval of a request for a change affecting a license.

13. "Assistant teacher-caregiver" means a staff member who, for compensation, aids a teacher-caregiver in planning, developing, or conducting child care activities.

14. "Association or cooperative" means a group of individuals other than a corporation, limited liability company, partnership, joint venture, or public school who have established a governing board and bylaws to operate a facility.

15. "Beverage" means a liquid for drinking, including water.

16. "Business organization" means an entity such as an unincorporated association, a corporation, a limited liability company, a partnership, or a governmental entity.

17. "Calendar week" means a seven-day period beginning on Sunday at 12:00 a.m. and ending on Saturday at 11:59 p.m.

18. "C.C.P." means Certified Childcare Professional, a credential awarded by the National Child Care Association to an individual who has successfully completed a test of ability to work effectively with children.

19. "C.D.A." means Child Development Associate, a credential awarded by the Child Development Associate National Credentialing Program to an individual who has successfully completed a test of ability to work effectively with children.

20. "Change in ownership" means a transfer of controlling legal or controlling equitable interest and authority in a facility resulting from a sale or merger of a facility.

21. "Charter school" has the same meaning as in A.R.S. § 15- 101.

22. "Child" means the same as in A.R.S. § 36-881.

23. "Child care" has the same meaning as in A.R.S. § 36-881.

24. "Child care experience" means an individual's documented work with children in:

a. A child care facility or a child care group home that is licensed, certified, or approved by a state in the United States or by one of the Uniformed Services of the United States;

b. A public school, a charter school, a private school, or an accommodation school;

c. A public or private educational institution authorized under the laws of another state where instruction was provided for any grade or combination of grades between pre-kindergarten and grade 12; or

d. One of the following professional fields:

i. Nursing,

ii. Social work,

iii. Psychology,

iv. Child development, or

v. A closely related field.

25. "Child care services" means the range of activities and programs provided by a licensee to a child, including personal care, supervision, education, guidance, and transportation.

26. "Child Protective Services" means the Child Protective Services Program of the Arizona Department of Economic Security.

27. "Child with special needs" means:

a. A child with a health care provider's diagnosis and record of a physical or mental condition that substantially limits the child in providing self-care or performing age-appropriate manual tasks or any other major life function such as walking, seeing, hearing, speaking, breathing, or learning;

b. A child with a "developmental disability" as defined in A.R.S. § 36-551; or

c. A "child with a disability" as defined in A.R.S. § 15- 761.

28. "Clean" means to remove dirt or debris by methods such as washing with soap and water, vacuuming, wiping, dusting, or sweeping.

29. "Closely related field" means any educational instruction or occupational experience pertaining to the growth, development, physical or mental care, or education of children.

30. "Communicable disease" has the same meaning as in A.A.C. R9-6-101.

31. "Compensation" means money or other consideration, including goods, services, vouchers, time, or another benefit, that is received as payment.

32. "Controlling person" means a person who:

a. Through ownership has the power to vote at least 10% of the outstanding voting securities.

b. If the applicant or licensee is a partnership, is the general partner or a limited partner who holds at least 10% of the voting rights of the partnership.

c. If the applicant or licensee is a corporation, an association or a limited liability company, is the president, the chief executive officer, the incorporator, an agent, or any person who owns or controls at least 10% of the voting securities.

d. Holds a beneficial interest in 10% or more of the liabilities of the applicant or the licensee.

33. "Corporal punishment" means any physical action that inflicts pain to the body of a child, or that may result in physical injury to a child.

34. "C.P.C." means Certified Professional in Childcare, a credential awarded by the National Early Care and Education Association to an individual who has successfully completed a test of ability to work effectively with children.

35. "CPR" means cardiopulmonary resuscitation.

36. "Credit hour" means an academic unit earned at an accredited college or university by attending a one-hour class session each calendar week during a semester or equivalent shorter course term or completing equivalent practical work as part of a course.

37. "Days" means calendar days, not including the day of the act, event, or default from which a designated period of time begins to run, but including the last day of the period unless it is a Saturday, Sunday, or legal holiday, in which case the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday.

38. "Designated agent" means an individual who is:

a. A controlling person;

b. A United States citizen or legal resident alien;

c. A resident of Arizona; and

d. Authorized by an applicant or licensee to receive communications, including service of process, from the Department and to file and sign documents for the applicant or licensee.

39. "Developmentally appropriate" means consistent with a child's physical, emotional, social, cultural, and cognitive development, based on the child's age and family background and the child's personality, learning style, and pattern and timing of growth.

40. "Discipline" means to correct a child's behavior that does not meet generally accepted levels of social behavior.

41. "Emergency" means a potentially life-threatening occurrence involving a child or staff member that requires an immediate response or medical treatment.

42. "Endanger" means to expose an individual to a situation where physical or mental injury to the individual may occur.

43. "Enrolled" means placed by a parent and accepted by a licensee for child care services.

44. "Evening and nighttime care" means child care services provided between the hours of 8:00 p.m. and 5:00 a.m.

45. "Facility" means "child care facility" as defined in A.R.S. § 36-881.

46. "Facility director" means an individual meeting the qualifications in R9-5-401(1) who is designated by a licensee as the individual responsible for the daily onsite operation of a facility.

47. "Facility premises" means property that is:

a. Designated on an application for a license by the applicant, and

b. Licensed for child care services by the Department under A.R.S. Title 36, Chapter 7.1, Article 1 and these rules.

48. "Field trip" means an activity planned by a staff member for:

a. Preschool children off facility premises, or

b. School-age children off facility premises or school campus.

49. "Final construction drawings" means facility plans that include the architectural, structural, mechanical, electrical, fire protection, plumbing, and technical specifications of the physical plant and the facility premises and that have been approved by local government for the construction or modification of a facility.

50. "Food" means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

51. "Food preparation" means processing food for human consumption by cooking or assembling the food, but does not include distributing prepackaged food or whole fruits or vegetables.

52. "Full-day care" means child care services provided for six or more hours per day between the hours of 5:00 a.m. and 8:00 p.m.

53. "Guidance" means the ongoing direction, counseling, teaching, or modeling of generally accepted social behavior through which a child learns to develop and maintain the self-control, self-reliance, and self-esteem necessary to assume responsibilities, make daily living decisions, and live according to generally accepted social behavior.

54. "Hazard" means a source of endangerment.

55. "Health care provider" means a physician; physician assistant; nurse; registered nurse practitioner; state board licensed, registered, or certified psychologist; or state board licensed, registered, or certified occupational, physical, or respiratory therapist.

56. "High school equivalency diploma" means:

a. A document issued by the Arizona Department of Education under A.R.S. § 15-702 to an individual who passes a general educational development test or meets the requirements of A.R.S. § 15-702(B);

b. A document issued by another state to an individual who passes a general educational development test or meets the requirements of a state statute equivalent to A.R.S. § 15-702(B); or

c. A document issued by another country to an individual who has completed that country's equivalent of a 12th grade education, as determined by the Department based upon information obtained from American or foreign consulates or embassies or other governmental entities.

57. "Hours of operation" means the specific time during a day for which a licensee is licensed to provide child care services.

58. "Illness" means physical manifestation or signs of sickness, such as pain, vomiting, rash, fever, discharge, or diarrhea.

59. "Infant" means:

a. A child 12 months of age or younger, or

b. A child 18 months of age or younger who is not yet walking.

60. "Infant care" means child care services provided to an infant.

61. "Infestation" means the presence of lice, pinworms, scabies, or other parasites.

62. "Inspection" means:

a. Onsite examination of a facility by the Department to determine compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules;

b. Onsite review of facility records or reports by the Department; or

c. Onsite examination of a facility by a local governmental entity.

63. "Lesson plan" means a written description of the activities scheduled in each activity area for a day.

64. "License" means the written authorization issued by the Department to operate a facility in Arizona.

65. "Licensed capacity" means the maximum number of children for whom a licensee is authorized by the Department to provide child care services in a facility or a part of a facility at any given time.

66. "Licensee" means a person, as defined by A.R.S. § 36- 881, to whom the Department has issued a license to operate a facility in Arizona.

67. "Local" means under the jurisdiction of a city or county in Arizona.

68. "Mat" means a foam pad that has a waterproof cover and is of sufficient size and thickness to accommodate the height, width, and weight of a reclining child's body.

69. "Medication" means a substance prescribed by a physician, physician assistant, or registered nurse practitioner or available without a prescription for the treatment or prevention of illness or infestation.

70. "Menu" means:

a. A written description of the food that a facility provides and serves as a meal or snack, or

b. The combination of food that a facility provides and serves as a meal or snack.

71. "Modification" means an alteration or addition to the physical plant of a licensed facility that may require a permit issued by local government.

72. "Motor vehicle" has the same meaning as in A.R.S. § 28 - 101.

73. "N.A.C." means the National Administrator Credential, a credential issued by the National Child Care Association to an individual who has successfully completed a test of ability to work effectively with children as a director of a child care facility.

74. "Naptime" means any time during hours of operation, other than evening and nighttime hours, that is designated by a licensee for the rest or sleep of children.

75. "Neglect" has the same meaning as in A.R.S. § 8-201.

76. "Nurse" means an individual who is:

a. Licensed under A.R.S. Title 32, Chapter 15 as a practical nurse or as a registered, graduate, or professional nurse; or

b. Licensed as a practical nurse or a registered nurse under the law of another state.

77. "One-year-old" means a child who is at least 12 months of age but not yet two years of age.

78. "One-year-old child care" means child care services provided to a one-year-old.

79. "Parent" means:

a. A natural or adoptive mother or father,

b. A legal guardian appointed by a court of competent jurisdiction, or

c. A "custodian" as defined in A.R.S. § 8-201.

80. "Part-day care" means child care services provided for fewer than six hours per day between the hours of 5:00 a.m. and 8:00 p.m.

81. "Perishable food" means food that becomes unfit for human consumption if not stored to prevent spoilage.

82. "Person" means:

a. In Articles 2 through 6, the same as in A.R.S. § 36- 881; and

b. In Articles 7 through 10, an individual or a business organization.

83. "Personal reference" means an adult who is familiar with a director's or staff member's character due to observations made as a friend or acquaintance.

84. "Physical plant" means a building that houses a facility, or licensed areas within a building that houses a facility, including the architectural, structural, mechanical, electrical, plumbing, and fire protection elements of the building.

85. "Physician" means an individual licensed as a doctor of:

a. Allopathic medicine under A.R.S. Title 32, Chapter 13;

b. Naturopathic medicine under A.R.S. Title 32, Chapter 14;

c. Osteopathic medicine under A.R.S. Title 32, Chapter 17;

d. Homeopathic medicine under A.R.S. Title 32, Chapter 29; or

e. Allopathic, naturopathic, osteopathic, or homeopathic medicine under the law of another state.

86. "Physician assistant" means:

a. An individual who is licensed under A.R.S. Title 32, Chapter 25; or

b. An individual who is licensed as a physician assistant under the law of another state.

87. "Preparing food" means processing food for human consumption by cooking or assembling the food, but does not include distributing prepackaged food or whole fruits or vegetables.

88. "Private pool" has the same meaning as "private residential swimming pool" in R9-8-801.

89. "Private school" has the same meaning as in A.R.S. § 15- 101.

90. "Professional reference" means an adult who is familiar with a director's or staff member's work abilities due to observations made as a supervisor or leader in a business, school, church, or other organizational setting.

91. "Program" means a variety of activities organized and conducted by a staff member.

92. "Public pool" has the same meaning as "public swimming pool" in R9-8-801.

93. "Public school" means a government-operated educational institution established for the purpose of offering instruction to pupils in programs for preschool children, kindergarten programs, or any combination of grades one through 12.

94. "Registered nurse practitioner" means:

a. An individual who:

i. Is licensed as a registered, graduate, or professional nurse under A.R.S. Title 32, Chapter 15;

ii. Is certified by the Arizona State Board of Nursing through its rules for extended nursing practice; and

iii. Has completed a nurse practitioner education program approved or recognized by the Arizona State Board of Nursing; or

b. An individual who is licensed as a registered nurse practitioner under the law of another state.

95. "Regular basis" means at recurring, fixed, or uniform intervals.

96. "Resident" means:

a. In reference to residency in a child care facility, an individual who does not work in the child care facility, but who uses the child care facility as the individual's principal place of habitation for 30 days or more during the calendar year; and

b. In reference to residency in Arizona, the same as in A.R.S. § 43-104.

97. "Sanitize" means to use heat, chemical agents, or germicidal solutions to disinfect and reduce pathogen counts, including bacteria, viruses, mold, and fungi.

98. "School-age child" means a child who:

a. Meets one of the following:

i. Is five years old on or before January 1 of the current school year, or

ii. Is five years old on or before January 1 of the most recent school year; and

b. Meets one of the following:

i. Attends kindergarten or a higher level program in a public, charter, accommodation, or private school during the current school year;

ii. Attended kindergarten or a higher level program in a public, charter, accommodation, or private school during the most recent school year;

iii. Is home-schooled at a kindergarten or higher level during the current school year; or

iv. Was home-schooled at a kindergarten or higher level during the most recent school year.

99. "School-age child care" means child care services provided to a school-age child.

100. "School campus" means the contiguous grounds of a public, charter, accommodation, or private school, including the buildings, structures, and outdoor areas available for use by children attending the school.

101. "School governing board" has the same meaning as "governing board" in A.R.S. § 15-101.

102. "Semi-public pool" has the same meaning as "semipublic swimming pool" in R9-8-801.

103. "Service classification" means one of the following:

a. Full-day care,

b. Part-day care,

c. Evening and nighttime care,

d. Infant care,

e. One-year-old child care, or

f. School-age child care.

104. "Signed" means affixed with an individual's signature or with a symbol representing an individual's signature if the individual is unable to write the individual's name.

105. "Space utilization" means the designated use of an area within a facility for specific child care services or activities.

106. "Staff" or "staff member" or "child care personnel" means an individual who works in a facility, regardless of whether compensation is received by the individual.

107. "STRIVE" means Family, Career, and Community Leaders of America, formerly known as Students Together Rising in Vocational Education, a career and technical student organization authorized by the Arizona Department of Education.

108. "Student-aide" means an individual less than 16 years of age who is enrolled in an educational, curriculum-based course of study and who, without being compensated by a licensee, is present at a facility to receive instruction from and supervision by child care personnel in the provision of child care services.

109. "Substantial compliance" means that the nature or number of violations revealed by any type of inspection or investigation of an applicant for licensure or a licensed child care facility does not pose a direct risk to the life, health, or safety of children.

110. "Supervision" means:

a. The physical presence of a facility director or staff member who has responsibility for and is within sight and sound of an enrolled child, or

b. The physical presence of a facility director or teacher-caregiver who is providing direction to and is within sight and sound of a staff member or student- aide.

111. "Swimming pool" has the same meaning as in R9-8-801.

112. "Teacher-caregiver" means a staff member responsible for developing, planning, and conducting child care activities.

113. "Training" means child care-related conferences, seminars, lectures, workshops, classes, courses, or instruction required by the Department of a licensee or staff member.

114. "Volunteer" means a staff member who works in a facility without compensation.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended by adding a new paragraph (16) and renumbering accordingly effective July 7, 1988 (Supp. 88-3). Amended as an emergency effective July 3, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days; Emergency amendments readopted and amended effective September 28, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Emergency amendments readopted effective December 27, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-4). Emergency expired. Emergency amendments readopted effective April 3, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-2). Emergency expired. Emergency amendments readopted effective July 9, 1990, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 90-3). Emergency amendments permanently adopted with changes effective October 4, 1990 (Supp. 90-4). Amended effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Amended by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

R9-5-102. Individuals to Act for Applicant or Licensee Regarding Document, Fingerprinting, and Department-Provided Training Requirements

When an applicant or licensee is required by this Chapter to provide information on or sign documents, possess a fingerprint clearance card, or complete Department-provided training, the following shall satisfy the requirement on behalf of the applicant or licensee:

1. If the applicant or licensee is an individual, the individual;

2. If the applicant or licensee is a corporation, an officer of the corporation;

3. If the applicant or licensee is a partnership, two of the partners;

4. If the applicant or licensee is a limited liability company, a manager or, if the limited liability company does not have a manager, a member of the limited liability company;

5. If the applicant or licensee is an association or cooperative, two members of the governing board of the association or cooperative;

6. If the applicant or licensee is a joint venture, two of the individuals signing the joint venture agreement;

7. If the applicant or licensee is a public school, an individual designated in writing as signatory for the public school by the school governing board or school district superintendent;

8. If the applicant or licensee is a charter school, the person approved to operate the charter school by the district governing board, the Arizona Board of Education, or the Arizona Board for Charter Schools;

9. If the applicant or licensee is a governmental agency, the individual in the senior leadership position with the agency or an individual designated in writing by that individual; and

10. If the applicant or licensee is a business organization type other than those described in subsections (2) through (9), two individuals who are members of the business organization.

Historical Note

New Section made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3). Amended by final rulemaking at 10 A.A.R. 1282, effective September 1, 2004 (Supp. 04-1).

ARTICLE 2. FACILITY LICENSURE

R9-5-201. Application for a License

A. An applicant for a license shall:

1. Be at least 18 years of age;

2. If an individual, be a U.S. citizen or legal resident alien and a resident of Arizona;

3. If a corporation, association, or limited liability company, be a domestic entity or a foreign entity qualified to do business in Arizona;

4. If a partnership, have at least one partner who is a U.S. citizen or legal resident alien and a resident of Arizona;

5. Submit to the Department an application that includes:

a. A notarized application form signed by the applicant stating:

i. The applicant's name;

ii. The facility's name, street address, mailing address, and telephone number;

iii. The applicant's type of business organization;

iv. The name and business or residential address of each controlling person;

v. That no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state;

vi. That no controlling person has had a certificate to operate a child care group home or a license to operate a child care facility revoked in this state or another state for reasons that relate to endangerment of the health and safety of children;

vii. Whether the applicant agrees to allow the Department to submit supplemental requests for information; and

viii. That the applicant has read and will comply with these rules and declares that the information provided in the application is accurate and complete;

b. If the applicant is a business organization, an Attachment to Application including the following organizational information about the applicant:

i. The address of the business organization;

ii. The name, title, and address of each officer and board member or trustee; and

iii. A copy of the business organization's articles of incorporation, articles of organization, or partnership or joint venture documents, if applicable;

c. A copy of the applicant's valid class one or class two fingerprint clearance card issued according to A.R.S. § 41-1758.03;

d. A Criminal History Affidavit Class I or Class II completed by the applicant and including the information required by A.R.S. § 36-883.02;

e. A certificate issued by the Department showing that the applicant has completed at least four hours of Department-provided training that included the Department's role in licensing and regulating child care facilities under A.R.S. Title 36, Chapter 7.1, Article 1 and these rules;

f. If the applicant is an individual, a copy of one of the following for the applicant:

i. A U.S. passport,

ii. A birth certificate,

iii. Naturalization documents, or

iv. Documentation of legal resident alien status;

g. If the applicant is a corporation or a limited liability company, a certificate of good standing issued to the applicant by the Arizona Corporation Commission and dated within six months before the date of application;

h. If the applicant is a partnership or an association, a copy of one of the following for one partner or association member of the applicant:

i. A U.S. passport,

ii. A birth certificate,

iii. Naturalization documents, or

iv. Documentation of legal resident alien status;

i. The following information about the applicant's designated agent:

i. Name;

ii. Residential and business addresses;

iii. Residential and business telephone numbers; and

iv. Residential and business fax numbers, if any;

j. A copy of one of the following for the applicant's designated agent:

i. A U.S. passport,

ii. A birth certificate,

iii. Naturalization documents, or

iv. Documentation of legal resident alien status;

k. The documents required by R9-5-607;

l. An Applicant, Staff, and Resident Report Form, including the applicant's name and address; a statement that the information on the form is accurate and complete; the dated signature of the applicant; and the following information about the applicant, each staff member, and each resident:

i. Name;

ii. Social security number or identification number issued by the U.S. Immigration and Naturalization Service;

iii. Birth date;

iv. Hire date, if applicable;

v. Job title, if a staff member, or relationship to the applicant or director, if a resident;

vi. Date of high school diploma or high school equivalency diploma, if applicable; and

vii. Information demonstrating each individual's compliance with A.R.S. § 36-883.02;

m. An Agricultural Land Notification Form, including:

i. The facility's name and address;

ii. Whether the facility is located within one fourth mile of agricultural land; and

iii. If the facility is located within one-fourth mile of agricultural land, the names and addresses of the owners or lessees of all agricultural land located within one-fourth mile of the facility;

n. If the facility is located within one-fourth mile of agricultural land, and a child care facility has not previously been licensed at the same location, a copy of an agreement complying with A.R.S. § 36- 882(D) for each parcel of agricultural land affected;

o. A Director Qualifications Form completed by the individual that the applicant intends to have serve as facility director, including:

i. The name of the individual;

ii. The facility's name, address, and telephone number;

iii. A statement that the individual is at least 21 years of age, will accept the primary responsibility for the daily administration and operation of the facility, and possesses the minimum qualifications required by R9-5-401;

iv. An indication of the individual's credentials or academic experience complying with R9-5-401;

v. A list of the individual's qualifying child care experience, including beginning and ending dates; positions held; each facility's name, address, and telephone number; a description of the experience at each facility; and the number of hours per week worked at each facility;

vi. A copy of the individual's diploma or transcript from each high school, college, university, or other educational facility attended by the individual, showing the name and location of the educational facility; the course of study pursued at the educational facility; the date of any diploma or degree attained at the educational facility; and the number of credit hours completed or the diploma or degree attained at the educational facility;

vii. A copy of the certificate of attendance from each child-care workshop attended by the individual; viii. A statement that the individual has provided the licensee with the names, addresses, and telephone numbers of two professional references and two personal references and with at least one written professional reference and one written personal reference;

ix. A statement that the information in the Director Qualifications Form is accurate and complete; and

x. The signature of the individual; and

p. The fee required by A.R.S. § 36-882.

B. The Department requires a separate license and a separate application for:

1. Each facility owned by the same person at a different location, and

2. Each facility owned by a different person at the same location.

C. The Department does not require a separate application and license for a structure that is:

1. Located so that the structure and the facility:

a. Share the same street address, or

b. Can be enclosed by a single unbroken boundary line that does not encompass property owned or leased by another;

2. Under the same ownership as the facility; and

3. Intended to be used as a part of the facility.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-202. Time-frames

A. The overall time-frame described in A.R.S. § 41-1072 for each type of approval granted by the Department under this Article is listed in Table 1. The applicant and the Department may agree in writing to extend the substantive review time-frame and the overall time-frame. An extension of the substantive review time-frame and the overall time-frame may not exceed 25% of the overall time-frame.

B. The administrative completeness review time-frame described in A.R.S. § 41-1072 for each type of approval granted by the Department under this Article is listed in Table 1 and begins on the date that the Department receives an application.

1. The Department shall send a notice of administrative completeness or deficiencies to the applicant within the administrative completeness review time-frame.

a. A notice of deficiencies shall list each deficiency and the items needed to complete the application.

b. The administrative completeness review time-frame and the overall time-frame are suspended from the date that the notice of deficiencies is issued until the date that the Department receives all of the missing items from the applicant.

c. If an applicant for an initial license, a license renewal, or an approval of a change affecting a license fails to submit to the Department all of the items listed in the notice of deficiencies within 180 days after the date that the Department sent the notice of deficiencies, the Department shall consider the application withdrawn.

2. If the Department issues a license or other approval to the applicant during the administrative completeness review time-frame, the Department shall not issue a separate written notice of administrative completeness.

C. The substantive review time-frame described in A.R.S. § 41- 1072 is listed in Table 1 and begins on the date of the notice of administrative completeness.

1. As part of the substantive review for an initial license application or a license renewal application, the Department shall conduct an inspection that may require more than one visit to the facility.

2. As part of the substantive review for a request for approval of a change affecting a license that requires a change in the use of physical space at the facility, the Department shall conduct an inspection that may require more than one visit to the facility.

3. The Department shall send a license or a written notice of approval or denial of a license or other request for approval to an applicant within the substantive review time-frame.

4. During the substantive review time-frame, the Department may make one comprehensive written request for additional information, unless the Department and the applicant have agreed in writing to allow the Department to submit supplemental requests for information.

a. If the Department determines that an applicant or a facility is not in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules, the Department shall send a comprehensive written request for additional information that includes a written statement of deficiencies stating each statute and rule upon which noncompliance is based.

b. An applicant shall submit to the Department all of the information requested in the comprehensive written request for additional information and written documentation of the corrections required in the statement of deficiencies, if applicable:

i. Within 120 days after the date of the comprehensive written request for additional information, if applying for an initial license or for approval of a change affecting a license; or

ii. Within 10 days after the date of the comprehensive written request for additional information, if applying for a license renewal.

c. The substantive review time-frame and the overall time-frame are suspended from the date that the Department issues a comprehensive written request for additional information or a supplemental request for information until the date that the Department receives all of the information requested, including documentation of corrections required in a statement of deficiencies, if applicable.

d. If an applicant fails to submit to the Department all of the information requested in a comprehensive written request for additional information or a supplemental request for information, including documentation of corrections required in a statement of deficiencies, if applicable, within the time prescribed in subsection (C)(4)(b), the Department shall deny the application.

5. The Department shall issue a license or approval if the Department determines that the applicant and facility are in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules, and the applicant submits documentation of corrections that is acceptable to the Department for any deficiencies.

6. If the Department determines that a license or approval is to be denied, the Department shall send to the applicant a written notice of denial complying with A.R.S. § 36-888 and stating the reasons for denial and all other information required by A.R.S. §§ 36-888 and 41-1076.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

Table 1. Time-frames (in days)

Type of Approval Statutory Authority Overall Time-Frame Administrative Completeness Review Time-Frame Substantive Review Time-Frame
Initial License under R9-5-201 A.R.S. § 36-882 120 30 90
License Renewal under R9-5-205 A.R.S. § 36-882 150 30 120
Approval of Change Affecting License under R9-5-206 A.R.S. §§ 36-882, 36-883 75 30 45

Historical Note

New Table made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-203. Fingerprinting Requirements

A. A licensee shall ensure that each staff member and each adult resident at a facility:

1. Possesses a valid class one or class two fingerprint clearance card issued under A.R.S. § 41-1758.03; or

2. Submits to the licensee, within seven working days after becoming a staff member or adult resident, a copy of a fingerprint clearance card application showing that the application was submitted to the fingerprint division of the Department of Public Safety under A.R.S. § 41- 1758.02.

B. If a staff member or adult resident possesses a class one or class two fingerprint clearance card that was issued before the staff member or adult resident became a staff member or adult resident at the facility, the licensee shall contact the Department of Public Safety within seven working days after the individual becomes a staff member or adult resident to determine whether the class one or class two fingerprint clearance card is valid. The licensee shall make a record of this determination, including the name of the staff member or adult resident, the date of the contact with the Department of Public Safety, and whether the class one or class two fingerprint clearance card is valid.

C. A licensee shall not allow an individual to be a staff member or adult resident if the individual has been denied a class two fingerprint clearance card under A.R.S. Title 41, Chapter 12, Article 3.1 and has not received an interim approval under A.R.S. § 41-619.55(H).

D. A licensee shall not allow an individual to be a staff member or adult resident if the individual receives an interim approval under A.R.S. § 41-619.55(H) but is then denied a good cause exception under A.R.S. § 41-619.55 and a class two fingerprint clearance card under A.R.S. Title 41, Chapter 12, Article 3.1.

E. A licensee shall ensure that each staff member and adult resident submits to the licensee an original of the form required in A.R.S. § 36-883.02(C). A form completed while a staff member or adult resident was a staff member or adult resident at another facility does not satisfy this subsection.

F. A licensee shall maintain documentation of compliance with this Section in each staff member's or adult resident's file throughout the time the individual is a staff member or adult resident and for 12 months after the individual ceases to be a staff member or adult resident.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-204. Child Care Service Classifications

A. The Department licenses child care facilities using the following service classifications:

1. Full-day care,

2. Part-day care,

3. Evening and nighttime care,

4. Infant care,

5. One-year-old child care, and

6. School-age child care.

B. The Department shall designate on a facility's license each service classification that the facility is licensed to provide.

C. A licensee shall not provide child care services in a service classification for which the licensee is not licensed.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-204 repealed; new Section R9-5-204 renumbered from R9-5-205 and amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-205. License Renewal

A. At least 45 days before the expiration date of a current license, an applicant for renewal of a license shall submit to the Department an application including:

1. A notarized application form signed by the applicant that includes:

a. The applicant's name;

b. The facility's name, street address, mailing address, and telephone number;

c. The applicant's type of business organization; and

d. A statement that the applicant has read and will comply with these rules and declares that the information provided in the application is accurate and complete;

2. An Attachment to Application including any changes to the information previously submitted as prescribed in R9- 5-201(A)(5); and

3. The fee required by A.R.S. § 36-882.

B. An applicant that submits the items required by subsection (A) later than 45 days before the expiration date of the current license shall pay to the Department the late filing fee required by A.R.S. § 36-882.

C. If an applicant submits the items required by subsection (A) and the fee required by subsection (B), if applicable, before the expiration date of the current license, the current license does not expire until the date specified in A.R.S. § 41-1092.11(A).

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-205 renumbered to R9-5-204; new Section R9-5-205 renumbered from R9-5-206 and amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-206. Changes Affecting a License

A. At least 30 days before the date of a change in a facility's name, a licensee shall send the Department written notice of the name change. Within 30 days after the date of receipt of the notice, the Department shall issue an amended license that incorporates the name change but retains the expiration date of the current license.

B. At least 30 days before the date of an intended change in a facility's service classification, space utilization, or licensed capacity, a licensee shall submit a written request for approval of the change to the Department. The written request shall include:

1. The licensee's name;

2. The facility's name, street address, mailing address, and telephone number;

3. The name, telephone number, and fax number of a point of contact for the request;

4. The facility's license number;

5. The type of change intended:

a. Service classification,

b. Space utilization, or

c. Licensed capacity;

6. A narrative description of the intended change; and

7. The following additional information, as applicable:

a. If the intended change affects individual rooms, the following information about each affected room:

i. Room name or number,

ii. Square footage,

iii. Operating hours,

iv. Ages of the children to receive care in the room,

v. Maximum number of children to receive care in the room, and

vi. Whether the room has a diaper changing area;

b. If the intended change is to increase licensed capacity, the square footage of the outdoor activity area; and

c. If the intended change includes a modification to a licensed facility, the following, as applicable:

i. If the facility is not located in a public school, a set of final construction drawings, in compliance with R9-5-607(B);

ii. If the facility is located in a public school and provides child care for children younger than school-age children, a set of final construction drawings or a school map, in compliance with R9-5-607(C);

iii. If the facility is located in a public school and provides child care only for school-age children, two sets of final construction drawings or two school maps, in compliance with R9-5- 607(D); and

iv. If the facility is a factory-built building, the documents required by R9-5-607(E).

C. The Department shall review a request submitted under subsection (B) according to R9-5-202. If the facility will be in substantial compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules with the intended change, the Department shall send the licensee an amended license that incorporates the change but retains the expiration date of the current license.

D. A licensee shall not implement any change described under subsection (B) until the Department issues an amended license.

E. At least 30 days before the date of a change in the ownership of a facility, a licensee shall send the Department written notice of the change. A new owner shall obtain a new license as prescribed in R9-5-201 before the new owner begins operating the facility.

F. A licensee changing a facility's location shall apply for a new license as prescribed in R9-5-201.

G. Within 30 days after the election of a new officer to the business organization, the election of a new director to the board of directors for the business organization, or a change in a controlling person, a licensee shall send the Department written notice of the change. The written notice shall include:

1. The name of the licensee;

2. A description of the change made;

3. The following information about each controlling person:

a. Name, and

b. Business or residential address;

4. A statement that no controlling person has been denied a certificate to operate a child care group home or a license to operate a child care facility for the care of children in this state or another state;

5. A statement that no controlling person has had a certificate to operate a child care group home or a license to operate a child care facility revoked in this state or another state for reasons that relate to endangerment of the health and safety of children;

6. A statement that the information provided in the written notice is accurate and complete; and

7. The notarized signature of the licensee.

H. Within 30 days after changing its designated agent, a licensee shall send the Department written notice of the change, to include:

1. The name of the new designated agent;

2. The residential and business addresses of the new designated agent; and

3. A copy of one of the following for the new designated agent:

a. A U.S. passport,

b. A birth certificate,

c. Naturalization documents, or

d. Documentation of legal resident alien status.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-206 renumbered to R9-5-205; new Section R9-5-206 renumbered from R9-5- 207 and amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-207. Change in Director

A. Except as provided in subsection (B), within 10 days before changing a facility director, a licensee shall send the Department written notice of the change.

B. If a licensee is not aware of a change in facility director 10 days before the effective date of the change, the licensee shall send the Department written notice within 48 hours after becoming aware of the change.

C. The written notice shall include a Director Qualifications Form completed as required by R9-5-201(A)(5)(o).

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Former Section R9-5-207 renumbered to R9-5-206; new Section R9-5-207 made by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-208. Inspections; Investigations

A. The Department shall inspect each facility before issuing an initial license or a renewal license and as often as necessary to determine compliance with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules. A licensee shall allow access to all areas of the facility affecting the health, safety, or welfare of an enrolled child or to which an enrolled child has access during hours of operation.

B. If the Department receives written or verbal information alleging a violation of A.R.S. Title 36, Chapter 7.1, Article 1 or these rules, the Department shall conduct an investigation. A licensee shall permit the Department to interview staff members, residents, and enrolled children as part of an investigation.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-209. Denial, Revocation, or Suspension of License

A. The Department may deny, revoke, or suspend a license to operate a facility if an applicant or licensee:

1. Provides false or misleading information to the Department;

2. Has been denied a certificate or license to operate a child care home or a certificate or license to operate a child care facility in any state, unless the denial was based on the applicant's failure to complete the certification or licensing process according to a required time-frame;

3. Has had a certificate or license to operate a child care home or a certificate or license to operate a child care facility revoked or suspended in any state;

4. Has been denied a fingerprint clearance card or has had a fingerprint clearance card revoked under A.R.S. Title 41, Chapter 12, Article 3.1;

5. Fails to substantially comply with any provision in A.R.S. Title 36, Chapter 7.1, Article 1 or these rules; or

6. Substantially complies with A.R.S. Title 36, Chapter 7.1, Article 1 and these rules, but refuses to carry out a plan acceptable to the Department to eliminate any deficiencies.

B. In determining whether to deny, suspend, or revoke a license, the Department shall consider the threat to the health and safety of children in a facility based on such factors as:

1. Repeated violations of statutes or rules,

2. A pattern of non-compliance,

3. The type of violation,

4. The severity of each violation, and

5. The number of violations.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4). Amended by final rulemaking at 8 A.A.R. 4060, effective November 10, 2002 (Supp. 02-3).

R9-5-210. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Repealed effective October 17, 1997 (Supp. 97-4).

R9-5-211. Repealed

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Repealed effective October 17, 1997 (Supp. 97-4).

ARTICLE 3. FACILITY ADMINISTRATION

R9-5-301. General Licensee Responsibilities

A. A licensee is responsible for the compliance of a facility with A.R.S. § 36-881 et seq. and these rules. The licensee shall designate a facility director who acts on behalf of the licensee and is responsible for the daily on-site operation of a facility. A licensee shall ensure that a facility director:

1. Designates in writing, an individual to act on behalf of the facility director when the facility director is not present in the facility and that the individual has access to all records necessary for performance of the facility director's duties.

a. The individual shall be 21 years of age or older and provide documentation of:

i. High school or high school equivalency diploma and six credit hours or more in early childhood, child development, or closely related field in an accredited college or university, or 30 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in the areas of early childhood, child development, or closely related field, and 12 months or more of child care experience;

ii. N.A.C., C.D.A., C.C.P., or C.P.C. credential and at least 12 months of child care experience;

iii. A minimum of 24 credit hours from an accredited college or university, including at least six credit hours of course work in the areas of early childhood, child development, or closely related field, and 12 months of child care experience;

iv. Associate degree from an accredited college or university in the areas of early childhood, child development, or closely related field, and six months of child care experience; or

v. Bachelor degree from an accredited college or university in the areas of early childhood, child development, or closely related field, and 3 months of child care experience.

b. A licensee has 12 months from the effective date of these rules to comply with this requirement.

2. Supervises or assigns a teacher-caregiver to supervise each staff member that does not meet the qualifications of R9-5-401(2) and each student-aide;

3. Prepares a dated attendance record for each day and ensures that each staff member records on the attendance record the time of each arrival and departure of the staff member.

B. A licensee shall develop and implement written facility policies and procedures required for the daily on-site operation of the facility as prescribed in A.R.S. § 36-881 et seq. and these rules.

C. A licensee shall ensure that parents are informed that they have access to all areas of a facility where child care services are provided during hours of operation and that parents are permitted to participate in any child care activity.

D. A licensee shall ensure that the following individuals are allowed immediate access to facility premises during hours of operation:

1. A parent or an individual designated in writing by the parent; or

2. A representative of:

a. The Department,

b. Local health department,

c. Child Protective Services, or

d. Local fire department or State Fire Marshal.

E. A licensee shall, with the exception of individuals listed in subsection (D), ensure that a staff member accompany and monitor any individual not registered with the Department, as prescribed by A.R.S. § 36-883.02, who is on facility premises to provide repair, maintenance, supplemental education, or other services where children are present.

F. A licensee shall ensure that each staff member and individual who is a resident at the facility submits one of the following documents provided by a health care provider as evidence of current freedom from pulmonary tuberculosis:

1. A report of a negative Mantoux skin test administered to a resident at the facility or to a staff member no later than 12 hours after the starting date of employment; or

2. A physician's written statement that the staff member or the individual who is a resident in the facility is currently free from tuberculosis.

G. If an enrolled child has an accident, injury, or emergency that requires medical treatment by a health care provider while attending a facility, the licensee shall ensure that a staff member:

1. Notifies the child's parent immediately after the accident, injury, or emergency;

2. Documents the date, time, and location of the child's accident, injury, or emergency, the method used to notify the parent, and the time the parent was notified; and

3. Maintains documentation of the accident, injury, or emergency on facility premises in a file that is separate from the current Emergency, Information, and Immunization card for 24 months from the date of the child's disenrollment.

H. A licensee shall ensure that at least one staff member who has current training in first aid and at least one staff member who has current training in CPR, as required by R9-5-403(E), is present at all times on facility premises, on field trips or while transporting enrolled children in a facility's motor vehicle or a vehicle designated by the licensee to transport children. This requirement may be met by a single staff member who has current training in both first aid and CPR.

I. A licensee shall prohibit the use or possession of the following items when an enrolled child is on facility premises, during hours of operation, or in any motor vehicle when used by the licensee for transportation of enrolled children:

1. Any beverage containing alcohol;

2. A controlled substance as listed in A.R.S. Title 36, Chapter 27, Article 2;

3. A dangerous drug as listed in A.R.S. § 13-3401(6);

4. A prescription medication as defined in A.R.S. § 32- 1901(63) except where used in the manner prescribed; or

5. A firearm as defined by A.R.S. § 13-105(17).

J. At least once every 30 days and at different times of the day, a licensee shall ensure that an unannounced fire evacuation drill is conducted that includes each staff member and child at the facility.

1. If child care services for a child with special needs are provided at a facility, the licensee shall provide for the child's participation in each fire evacuation drill in accordance with the child's individualized plan as specified in R9-5-507(A)(1).

2. A licensee shall keep a written record of each fire evacuation drill on facility premises for 12 months from the date of the drill.

K. A licensee shall ensure that a written performance evaluation of each staff member is conducted every 12 months from the date of employment.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-302. Statement of Child Care Services

A. A licensee shall prepare a written statement regarding child care services that includes:

1. A description of the facility's child care services classifications in R9-5-205;

2. Hours of operation;

3. Child enrollment and disenrollment procedures;

4. Charges, fees, and payment requirements for child care services;

5. Child admission and release requirements;

6. Discipline guidelines and methods;

7. Transportation procedures;

8. Field trip requirements and procedures;

9. Responsibilities and participation of parents in facility activities;

10. A description of all activities and programs;

11. Liability insurance required by R9-5-308 that is carried by the licensee;

12. Medication administration procedures;

13. Emergency medical procedures;

14. A notice stating inspection reports are available, upon request; and

15. A provision stating that the facility is regulated by the Arizona Department of Health Services including the Department's address and telephone number.

B. A licensee shall provide a copy of the written statement of child care services:

1. To the Department:

a. At the time the licensee's facility receives an initial license,

b. Every 12 months from the date of the initial license as required by A.R.S. § 36-883.01, and

c. When a change occurs in the child care services provided by the licensee; and

2. To a parent when:

a. A parent's child is enrolled,

b. A parent requests a copy of the written statement of child care services, or

c. There is a change in the child care services provided by the licensee.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-303. Posting of Notices

A. A licensee shall designate a wall area or notice board inside the facility's entrance, in a place that can be viewed by individuals entering or leaving the facility, for the posting of the:

1. Current license;

2. Name of facility director;

3. Name of the individual designated as prescribed by R9-5-301(A)(1) to act on behalf of the facility director when the facility director is not present in the facility;

4. Schedule of child care services fees and policy for the refund of fees as prescribed by A.R.S. § 36-882(K);

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 described in R9-6-202(C) from the date of discovery through the incubation period of the disease or infestation;

7. Notice of denial, revocation or suspension as prescribed by A.R.S. § 36-888;

8. Notice of an intermediate sanction imposed as prescribed by A.R.S. § 36-891.01;

9. Notice of legal injunction imposed as prescribed by A.R.S. § 36-886.01; and

10. Notice of the availability of facility inspection reports for public viewing.

B. A licensee shall ensure that the licensed capacity of each activity area or room is posted in that activity area or room.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-304. Enrollment of Children

A. A licensee shall require that a child be enrolled by the child's parent or an individual authorized in writing by the parent.

B. At the time of enrollment, a licensee shall require a child's parent to complete an Emergency, Information, and Immunization Record card that is signed by a parent containing:

1. The child's name, home address, home telephone number, sex, and date of birth;

2. The date of the child's enrollment;

3. The names, home and business addresses, and telephone numbers of the child's parents;

4. The names, addresses, and telephone numbers of individuals authorized by a parent to collect a child from the facility if the parent cannot be located;

5. The names of individuals not permitted by a parent to remove the child from a facility;

6. The names, addresses, and telephone numbers of a child's physician or health care provider and hospital;

7. The written authorization and parent instructions for emergency medical care of the parent's child when the parent cannot be contacted at the time of the emergency;

8. The written instructions of a parent or health care provider for nutritional and dietary needs of a child;

9. A written record completed by a parent or health care provider noting a child's susceptibility to illness, physical conditions of which child care personnel should be aware, and any individual requirements for health maintenance; and

10. A child's immunization record or a notation of exemption affidavit, required by R9-5-305(A).

C. A licensee shall maintain a current Emergency, Information, and Immunization Record card for each enrolled child on facility premises in a place that provides child care personnel ready access to the card in event of an emergency at, or evacuation of, the facility.

D. When a child is disenrolled from a facility, the licensee shall:

1. Enter the date of disenrollment on the child's Emergency, Information, and Immunization Record card; and

2. Maintain the records in subsection (D)(1) for 12 months from the date of disenrollment on facility premises in a place separate from the current Emergency, Information, and Immunization Record cards. If a licensee is a school governing board, a charter school, or a person operating multiple child care facilities, the licensee may maintain disenrollment records in a single central administrative office located in the same city, town, or school attendance area as the facility.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-305. Child Immunization Requirements

A. A licensee shall not permit an enrolled child to attend a facility until the facility receives either a child's written immunization record or an exemption affidavit.

1. A child's immunization record provided by a parent shall contain the information required by A.A.C. R9-6-703 provided by a health care provider, stating that the child has received all current, age-appropriate immunizations required by the Department under A.A.C. R9-6-701(A) and (B).

2. An exemption affidavit provided by a parent shall consist of:

a. A statement, signed by a child's health care provider, that the immunizations required by the Department as prescribed in A.A.C. R9-6-701(A) and (B) would endanger a child's health or medical condition; or

b. A statement, signed by a child's parent, that the child is being raised in a religion whose teachings are in opposition to immunization.

B. A licensee shall ensure that a staff member updates a child's immunization record on the child's Emergency, Information, and Immunization Record card each time a parent provides the licensee with a written statement from a child's health care provider that the child has received an age-appropriate immunization required by R9-6-701(A) and (B).

C. If a child's immunization record indicates that a child has not received an age-appropriate immunization required by A.A.C. R9-6-701(A) and (B), a licensee shall ensure that a staff member:

1. Notifies a parent in writing that the child may attend the facility for not more than 15 days from the date of the notification unless the parent provides the facility with written evidence of the required immunization or an exemption affidavit as prescribed by subsection (A)(2); and

2. Documents in the child's immunization record the date on which a parent is notified of an immunization required by the Department.

D. If a licensee is notified by a parent, staff member, or health care provider, that a child or staff member has a communicable disease, the licensee shall ensure that child care personnel do not permit a child who lacks written evidence of immunity to the communicable disease to be present in the facility until:

1. A parent provides written evidence of the child's immunity to the disease; or

2. A local health department notifies the licensee that the child may return to the facility.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-306. Admission and Release of Children; Attendance Records

A. A licensee shall maintain a written or electronically logged and dated attendance form containing a child's name with the time of each admission and release of the child.

1. A licensee shall ensure that the attendance form is signed with at least a first initial and last name by each child's parent or individual designated in writing or by telephone by a parent, each time the child is admitted or released. An electronic fingerprint verification may be used in place of a signature of a parent or designated individual to verify identity before admitting or releasing a child.

2. Before releasing a child to an individual other than a parent, a licensee shall require each individual collecting a child to present picture identification.

3. A licensee shall not release a child to an individual other than a child's parent or other individual designated in writing by a parent except when the parent is unable to collect the child and authorizes the licensee by telephone to release the child to an individual not so designated. The licensee shall verify the telephone authorization using a means of verification that has been agreed upon between the licensee and the parent at the time of enrollment.

4. A licensee shall not permit the self-admission or self release of an enrolled child unless the child is of school age and the licensee has obtained and verified written permission from the child's parent.

5. A licensee shall maintain the attendance form on facility premises for 12 months from the date of attendance.

B. A licensee shall ensure that a staff member prepares and maintains a roster each day for each child under the staff member's supervision that:

1. Is dated;

2. Lists the first and last name of each child physically present; and

3. Is maintained on facility premises for three months from the date of attendance.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (B) effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-307. Suspected or Alleged Child Abuse or Neglect

A licensee or staff member shall document and report all suspected or alleged cases of child abuse or neglect.

1. A licensee or staff member shall report the suspected or alleged child abuse or neglect to Child Protective Services or to a local law enforcement agency as prescribed in A.R.S. § 13-3620. The licensee or staff member shall notify the Department of the suspected or alleged child abuse or neglect by any means available within 24 hours of the required report. The licensee or staff member shall also send written documentation to the Department, Child Protective Services, and any local law enforcement agency previously notified within three days of the initial report, and maintain written documentation of a child abuse or neglect report on facility premises for 12 months from the date of a report.

2. A licensee or staff member shall report the suspected or alleged child abuse by a staff member to the Department and to a local law enforcement agency as prescribed in A.R.S. § 13-3620. A licensee or staff member shall also send written documentation to the Department and to any law enforcement agency previously notified within three days of the initial report, and maintain written documentation of a child abuse report on facility premises for 12 months from the date of a report.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-308. Insurance Requirements

A. A licensee shall secure and maintain the following minimum insurance coverage:

1. General facility liability insurance of at least $300,000; and

2. Motor vehicle insurance coverage required by R9-5- 517(A)(2) for each motor vehicle used by a licensee to transport enrolled children.

B. A licensee shall provide a copy of each certificate of insurance to the Department before issuance of a license and at any time that the licensee's insurance coverage expires, is canceled, or changes.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-309. Sanitation, Gas, and Fire Inspections

A. A licensee shall obtain the following health and safety inspections of a facility, according to the following schedules, and make any repairs or corrections stated on an inspection report before a license is issued by the Department:

1. Sanitation inspections, conducted a minimum of every 12 months by a local health department;

2. Gas inspections, conducted a minimum of every 12 months by a plumber holding a plumbing business license issued by a local government; and

3. Fire inspections, conducted a minimum of every 36 months by a local fire department or the State Fire Marshal.

B. A licensee shall maintain current reports of sanitation, gas, and fire inspections and documentation of any repairs or corrections on facility premises.

Historical Note

Adopted effective October 17, 1997 (Supp. 97-4).

ARTICLE 4. FACILITY STAFF

R9-5-401. Staff Qualifications

A licensee shall ensure that child care personnel meet the following qualifications for employment or volunteer service at a facility.

1. A facility director is 21 years of age or older and provides the licensee with written documentation of one of the following:

a. High school or high school equivalency diploma and three credit hours or more in early childhood, child development, or closely related field in an accredited college or university, or 60 actual hours of instruction, provided in conferences, seminars, lectures, or workshops in the areas of early childhood, child development, or closely related field, and 24 months or more of child care experience;

b. N.A.C., C.D.A., C.C.P., or C.P.C. credential and at least 18 months of child care experience;

c. A minimum of 24 credit hours from an accredited college or university, including at least six credit hours of course work in the areas of early childhood, child development, or closely related field, and 18 months of child care experience;

d. Associate degree from an accredited college or university in the areas of early childhood, child development, or closely related field, and six months of child care experience; or

e. Bachelor degree from an accredited college or university in the areas of early childhood, child development, or closely related field, and three months of child care experience.

2. A teacher-caregiver is 18 years of age or older and provides the licensee with written documentation of one of the following:

a. High school or high school equivalency diploma and six months of child care experience;

b. N.A.C., C.D.A., C.C.P., or C.P.C. credential; or

c. Associate or bachelor degree from an accredited college or university in the areas of early childhood, child development, or closely related field.

3. An assistant teacher-caregiver is 16 years of age or older and provides the licensee with written 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 with a STRIVE program, or

d. Enrollment in vocational rehabilitation as defined in A.R.S. § 23-501(8).

4. A student-aide provides the licensee with written documentation of enrollment in:

a. A high school STRIVE program;

b. An educational, curriculum-based course in child development, parenting, or guidance counseling; or

c. A vocational education or occupational development program.

5. A volunteer is 16 years of age or older.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-402. Staff Records and Reports

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. Documents required by R9-5-401;

3. Name and telephone number of an individual or health care provider to be notified in case of emergency;

4. Documents required by R9-5-301(F);

5. The staff member's written statement attesting to current immunity against measles, rubella, diphtheria, and tetanus;

6. A copy of any current license or certification required by A.R.S. § 36-881 et seq. or these rules;

7. Written documentation from the Department verifying registration compliance with the Department according to A.R.S. § 36-883.02;

8. Written documentation of training provided by a licensee as required by R9-5-403;

9. The staff member's starting dates of employment or volunteer service;

10. The staff member's ending dates of employment or volunteer service, if applicable;

11. All written performance evaluations of the staff member conducted by the licensee as required by R9-5-301(K); and

12. At least two personal and two professional references, including at least one written personal reference and at least one written professional reference from a previous employer, and documentation of the licensee's good faith effort to contact each reference.

B. A licensee shall ensure that a staff member's information, required by subsections (A)(1) through (12), is maintained in a single location on facility premises. If a licensee is a school governing board, a charter school, or a person operating multiple child care facilities, the licensee shall maintain the information required by subsections (A)(1) through (10) on facility premises, but may maintain the information required by subsections (A)(11) and (12) in a single, central administrative office located in the same city, town, or school attendance area as the facility.

C. A licensee shall ensure the records and reports required by this rule are maintained throughout a staff member's period of employment or volunteer service and for 12 months from a staff member's last date of employment or volunteer service.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-403. Training Requirements

A. A licensee shall provide, and each staff member who provides child care services to children, shall complete within 10 days of the starting date of employment or volunteer service, training for new staff members that includes all of the following:

1. Facility philosophy and goals;

2. Names, ages, and needs of children to be assigned to a staff member;

3. Health needs, nutritional requirements, and information about adaptive devices of children for whom a 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. Infant formula preparation, if assigned to formula preparation;

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. § 36-881 et seq. and these rules;

14. Sun safety policies and procedures; and

15. Safety on outdoor activity areas.

B. A licensee shall ensure that, every 12 months from a staff member's date of employment, the staff member completes 12 or more actual hours of training in one or more of the following areas:

1. Accident and emergency procedures, including CPR and first aid for infants and children;

2. Recognition of signs of illness and infestation;

3. Child growth and development;

4. Child abuse or neglect detection, reporting, and prevention;

5. Child guidance and methods of discipline;

6. Nutrition and developmentally appropriate eating habits;

7. Availability of community services and resources, including those available to children with special needs;

8. Parent involvement and communication with parents;

9. Program administration, planning, and development;

10. Environment of child care activity areas;

11. Sun safety policies and procedures; and

12. Safety on outdoor activity areas.

C. A licensee shall ensure that documentation of a staff member's completion of training required by subsection (A) is signed by the facility director and dated.

D. A licensee shall ensure that a staff member submits to the licensee documentation of training received as required by subsection (B) to the licensee as the training is completed.

E. A licensee shall ensure that a staff member required by R9-5- 301(H) meets all of the following:

1. The staff member obtains first aid training specific to infants and children,

2. The staff member obtains CPR training specific to infants and children which includes a demonstration of the staff member's ability to perform CPR,

3. The staff member maintains current training in first aid and CPR, and

4. The staff member provides the licensee with a copy of the front and back of the current card issued by the agency or instructor as proof of completion of the requirements of this subsection.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended subsection (A) effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-404. Staff-to-Children Ratios

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

B. A licensee shall ensure that child care personnel:

1. Place enrolled children in age-appropriate or developmentally appropriate groups;

2. Determine and maintain the required staff-to-children ratio for a group of children based on the age of the youngest child in the group;

3. Allow a volunteer to be counted as staff in staff-to-children ratios;

4. Not allow a student-aide to be counted as staff in staff-to-children ratios; and

5. When six or more children are present in a facility, not place an infant for supervision with children who are not infants.

C. A licensee shall ensure that at least two staff members are on facility premises when six or more children of any age group are present in a facility. At least one staff member shall be a teacher-caregiver. When five or fewer children are present, one teacher-caregiver shall be on facility premises and another staff member shall be available by telephone or other equally expeditious means and able to reach the facility within 15 minutes of notification.

D. A licensee may allow a staff member to perform duties other than child care if the duties are not undertaken simultaneously with the supervision of children in the staff member's charge.

E. In addition to maintaining the required staff-to-children ratios, a licensee shall ensure that staff members are present on facility premises to perform facility administration, food preparation, food service, and maintenance responsibilities. Facility maintenance shall not be dependent on the work of enrolled children.

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

G. When transporting enrolled children who are not school age in a motor vehicle, a licensee shall maintain the staff-to-children ratios required by subsection (A) in addition to the motor vehicle driver unless four or fewer children are being transported.

H. When transporting children of school age in a motor vehicle, a licensee shall maintain the staff-to-children ratio required by subsection (A). A licensee may include the motor vehicle driver as staff in the staff-to-children ratio.

I. If a licensee conducts swimming activities at a swimming pool that has a lifeguard on the premises who has current lifesaving certification from the American Red Cross, a licensee shall maintain staff-to-children ratios required by subsection (A).

J. If a licensee conducts swimming activities at a swimming pool that does not have a lifeguard on the premises who has current lifesaving certification from the American Red Cross, the licensee shall maintain staff-to-children ratios stated in subsection (A) and have at least one additional staff member who:

1. Has a current lifesaving certificate from the American Red Cross; and

2. Is present in the pool or observing pool side while enrolled children are at the pool.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Amended effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

ARTICLE 5. FACILITY PROGRAM AND EQUIPMENT

R9-5-501. General Child Care Program and Equipment Standards

A. A licensee shall ensure that:

1. The health, safety, or welfare of an enrolled child is not endangered;

2. All designated exits, corridors, and passageways that provide escape from the building are unobstructed and unlocked during hours of operation;

3. Combustible material such as paper, boxes, or rags is not permitted to accumulate inside or outside the facility premises;

4. Drinking water is provided sufficient for the needs of and accessible to each enrolled child in both indoor and outdoor activity areas;

5. Activity areas used by children are decorated with age appropriate articles such as mirrors, bulletin boards, pictures, and posters;

6. Age-appropriate toys, materials, and equipment are provided to enable each child to participate in an activity.

a. Toys, materials, and equipment are maintained in a clean condition.

b. Storage space is provided in the facility for indoor and outdoor toys, materials, and equipment in areas accessible to enrolled children;

7. Clean clothing is available to a child when a child needs a change of clothing;

8. If a staff member places a child in a high chair when feeding a child:

a. The high chair is equipped with a safety strap;

b. The high chair is constructed to prevent toppling;

c. The tray or feeding surface of the high chair is smooth and free of cracks; and

d. The staff member:

i. Fastens the safety strap while a child is in the high chair; and

ii. Sanitizes the tray or feeding surface before each child's use;

9. The facility conforms to the standards prescribed in R9-5-511 and the following for a child who will be present at the facility during evening and nighttime hours:

a. Permit a mat only when used on top of a cot;

b. Before bathing a child at a facility, obtain written consent and bathing instructions from a parent and follow the instructions while bathing the child;

c. Require that a staff member clean and sanitize a bathtub or shower stall after bathing each child;

d. Require that a staff member remain awake while supervising a sleeping child; and

e. Prohibit operation of a television set in a room where a child is sleeping.

10. The facility conforms to the standards prescribed in R9-5- 511 and the following for naptime:

a. A child is not permitted to lie in direct contact with the floor while napping;

b. A television set is not operated in a room in which a child is napping;

c. Naptime accommodations are available for an enrolled school-age child if requested by the child or a parent;

d. Light is provided in naptime areas for observing a sleeping child; and

e. An attic or loft is not used for naptime;

11. An activity area is equipped with at least one cot or mat, a sheet, and a blanket, where a child can be separated from other children for quiet time;

12. Written permission is obtained from a child's parent before allowing the child to participate in a swimming activity;

13. Outdoor activities are scheduled to allow not less than 75 square feet for each child occupying the facility's outdoor activity area at any time;

14. The facility's buildings, premises, and indoor and outdoor play equipment are maintained in good repair and free from hazards;

15. The facility conforms to the following heating and cooling standards:

a. Temperatures are maintained between 68° F and 82° F in each room used by children;

b. Heating and cooling equipment is inaccessible to children;

c. Fans are mounted and inaccessible to children;

d. An unvented or open-flame space heater or portable heater is not used on the facility premises; and

e. A gas valve on an unused gas outlet is removed and capped where it emerges from the wall or floor;

16. The facility conforms to the following lighting and electrical standards:

a. Except when a child is napping or sleeping, each room used by enrolled children is maintained at a minimum of 30 foot candles of illumination;

b. Each unused electrical outlet is covered with a safety plug cover or insert;

c. Crockpots and hot plates are used only in a kitchen and are inaccessible to children; and

d. Electrical extension cords are not used;

17. The facility conforms to the following toilet room standards:

a. Plumbing fixtures are maintained in a clean and working condition;

b. Chipped or cracked sinks and toilets are replaced or repaired;

c. Toilet rooms are ventilated to the outside of the building, either by a screened window open to the outside air or by an exhaust fan and duct system that is operated when the toilet room is in use;

d. A toilet room with a door that opens to the exterior of a building is equipped with a self-closing device that keeps the door closed except when an individual is entering or exiting; and

e. A toilet room door does not exit into a kitchen;

18. Storage space is provided in the facility for cots, mats, sheets, and blankets accessible to an area used for naptime or sleeping and separate from food service and preparation, toilet rooms, and laundry rooms;

19. Each child's toothbrush, comb, washcloth, cloth towel, and clothing is maintained in a clean condition and stored in an identified space separate from those of other children;

20. All materials and chemicals labeled as a toxic or flammable substance are stored in an area inaccessible to children that is locked with a key or combination lock and is separate from food storage areas;

21. All substances that may be a hazard to a child and have a child warning label are inaccessible to children and stored separately from food storage areas; and

22. Garden tools, lawn mowers, ladders, and other facility equipment presenting a hazard to children are stored in an area inaccessible to children.

B. A licensee shall ensure that a staff member:

1. Supervises enrolled children at all times;

2. Reports any suspected or alleged child abuse or neglect according to procedures prescribed in R9-5-307;

3. Does not smoke or use tobacco on facility premises except in designated areas separated from the children;

4. Cleans each enrolled child before and after each meal and changes a child's clothing when wet or soiled;

5. Prepares, and posts in each 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 and outdoor activities;

d. Quiet and active activities;

e. Teacher-directed activities;

f. Self-directed activities;

g. Activities for individuals, groups of five or fewer children, and groups of six or more children; and

h. Activities that develop small and large muscles;

6. Prepares and posts a dated lesson plan in each activity area for each calendar week which is maintained on facility premises for 12 months from 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. Develop habits that meet health, safety, and nutritional needs;

g. Express creativity;

h. Learn to respect cultural diversity of children and staff;

i. Learn self-help skills; and

j. Develop a sense of responsibility and independence;

7. Does the following when a parent permits or asks a staff member to use external personal products for a child, such as petroleum jelly, diaper rash ointments, sun screen or sun block preparations, and baby diapering preparations:

a. Obtains the child's personal products from the parent or, if the licensee provides the personal products for use by the child, obtains written approval for use of the products from the parent;

b. Labels the personal products with the child's first and last name; and

c. Keeps the personal products inaccessible to children;

8. Places a child's wet or soiled laundry in a plastic bag labeled with the child's name, stores the laundry in a container covered with a tight fitting lid, and sends the laundry home when the facility releases the child to the child's parent; and

9. Monitors a child for overheating or overexposure to the sun. If a child exhibits signs of overheating or overexposure to the sun, a staff member who has the first aid training required by R9-5-403(E) shall evaluate and treat the child.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-502. Supplemental Standards for Infants

A. In addition to complying with all child care standards, a licensee providing child care services for infants shall:

1. Separate infants from children older than 12 months of age. Within 24 months from the effective date of these rules, a facility shall provide a wall enclosed room that provides exits required by R9-5-602(A) to separate infants from children older than 12 months of age;

2. Post a list in each infant room stating each infant's name and assigned staff member;

3. Provide active and quiet activities;

4. Provide indoor and outdoor activities;

5. Permit an infant to maintain an established pattern of sleeping and waking;

6. Provide an outdoor activity area that is scheduled for use by infants when children older than infants are not present;

7. Provide space, materials, and equipment in an infant room that includes the following:

a. An area with nonabrasive carpeting for sitting, crawling, and playing;

b. Toys, materials, and equipment in a quantity sufficient to meet the needs of the infants in attendance that include:

i. Toys for stacking, pulling, and grasping;

ii. Soft toys;

iii. Books;

iv. Mobiles;

v. Unbreakable mirrors; and

vi. Outdoor play equipment; and

c. At least one adult-size chair for staff members' use when holding or feeding an infant;

8. Provide a crib for each infant that:

a. Has bars or openings spaced no more than 2-3/8 inches apart and a crib mattress measured to fit not more than 1/2 inch from the crib side;

b. Has a commercially waterproofed mattress; and

c. Is furnished with clean, sanitized, crib-size bedding, including a fitted sheet and top sheet or a blanket.

9. Prohibit the use of stacked cribs; and

10. Arrange the cribs to maintain a minimum spacing between cribs that is not less than two feet on any crib side that has bars or other openings, except when:

a. A crib side with bars is next to a wall; or

b. A crib end does not have bars and the cribs are placed end to end.

B. A licensee providing child care services for infants shall not:

1. Allow an infant room to be used as a passageway to another area of the facility;

2. Permit an infant who is awake to remain for more than 30 consecutive minutes in a crib, playpen, swing, high chair, infant seat, or other equipment that confines movement; or

3. Permit a child to use a walker, except a child with special needs for whom a walker is prescribed by a health care provider.

C. A licensee shall ensure that:

1. A staff member assigned to infants in an infant room:

a. Plays and talks with each infant;

b. Holds and rocks each infant;

c. Responds immediately to each infant's distress signals;

d. Keeps a dated, daily, written record of each infant's activities, food consumption, and diaper changes, and maintains the record on facility premises for three months from the record date. A staff member shall provide a copy of this record to the infant's parent upon request;

e. Removes soft pillows and toys from a crib when an infant is sleeping;

f. Cleans and sanitizes each crib and mattress used by an infant when soiled;

g. Changes each crib sheet and blanket before use by another child, when soiled, or at least every 24 hours; and

h. Cleans and sanitizes all sheets and blankets before use by another child.

2. A staff member assigned to an infant in an infant room does not:

a. Place an infant directly on a waterproof mattress cover;

b. Restrain an infant in a crib or other restrictive equipment; or

c. Place an infant in a crib or other equipment that confines movement for disciplinary reasons.

3. Before feeding an infant, a staff member:

a. Obtains dated, written 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;

b. Updates the written instructions as foods or methods are added or changed;

c. Posts the current written instructions in the kitchen and infant room and maintains the instructions on facility premises for three months from the date of the instructions; and

d. Follows the current written instructions of a parent when feeding the infant.

4. When preparing, using, or caring for an infant's feeding bottles, a staff member:

a. Labels each bottle received from the parent with the child's first and last name;

b. Ensures that a bottle is not:

i. Heated in a microwave oven,

ii. Propped for an infant feeding, or

iii. Permitted in an infant's crib unless the written instructions required by subsection (C)(3) state otherwise;

c. Empties and rinses bottles previously used by an infant; and

d. Cleans and sanitizes using heat only, a bottle, bottle cover, and nipple before reuse.

5. When feeding an infant, a staff member:

a. Provides an infant with food for growth and development that includes:

i. Formula provided by a parent or the licensee that is prepared and stored in a sanitary manner at the facility, following written instructions required by subsection (C)(3);

ii. Cereal as requested by a parent or health care provider. A staff member shall not mix cereal with formula and feed it to an infant from a bottle or infant feeder unless the written instructions required by subsection (C)(3) state otherwise; and

iii. Solid foods as requested by a parent. A staff member shall feed solid food to an infant by spoon from an individual container. A separate container and spoon shall be used for each infant;

b. Holds and feeds an infant under 6 months of age and an infant older than 6 months of age who cannot hold a bottle for feeding; and

c. If an infant is no longer being held for feeding, seats the infant in a high chair or at a table with a chair that allows the child to reach the food while sitting.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-503. Standards for Diaper Changing

A. A licensee shall provide a diaper changing area in each activity area as required in R9-5-602(C) that consists of:

1. A nonabsorbent, sanitizable diaper changing surface that is:

a. Seamless and smooth; and

b. Kept clear of items not required for diaper changing;

2. A hand washing sink next to the diaper changing surface for staff use when changing diapers and for washing a child during or after diapering, that provides:

a. Running water between 86° F and 110° F,

b. Antibacterial soap from a dispenser, and

c. Single-use paper hand towels from a dispenser; and

3. At least two waterproof, sanitizable containers with waterproof liners and tight fitting lids. Separate containers shall be used for soiled diapers and soiled clothing. A licensee shall ensure that:

a. The containers are inaccessible to children;

b. A staff member:

i. Empties clothing soiled with feces into a flush toilet without rinsing;

ii. Places clothing soiled by feces or urine in a plastic bag labeled with a child's name, stores the clothing in a container used for this purpose, and sends the clothing home with the child's parent; and

iii. Removes disposable diapers and disposable training pants from a diaper changing area as needed or at least twice every 24 hours to a waste receptacle outside the facility building.

B. A licensee shall ensure that a staff member does not:

1. Permit a bottle, formula, food, eating utensil, or food preparation in a diaper changing area;

2. Draw water for human consumption from a diaper changing area sink; or

3. If responsible for food preparation, change diapers until food preparation duties have been completed for the day.

C. A licensee shall ensure that a written diaper changing procedure is posted and implemented in each diaper changing area. The procedure shall state that a child's diaper shall be changed as soon as it is soiled, and that a staff member, when diapering, shall:

1. Use a separate wash cloth and towel only once for each child;

2. Wash and dry a child using the child's individual personal products labeled with the child's first and last name;

3. Use single-use disposable latex gloves;

4. Wash his or her own hands with antibacterial soap and running water between 86° F and 110° F before and after each diaper change;

5. Wash each child's hands with antibacterial soap and running water between 86° F and 110° F after each diaper change;

6. Clean, sanitize, and dry the diaper changing surface following each diaper change; and

7. Use single-use paper towels from a dispenser to dry the diaper changing surface or the hands of a child or staff member.

D. A licensee shall ensure that a staff member:

1. Keeps a dated log for each day in each diaper changing area, listing each time the child's diaper has been changed; and

2. Maintains the diaper changing log on facility premises for three months from the date of the log.

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-504. Supplemental Standards for 1-year-old and 2-year-old Children

In addition to complying with all child care standards, a licensee providing child care services for 1-year-old and 2-year-old children shall:

1. Ensure that a staff member does not permit a 1-year-old or 2-year-old child who is awake to spend more than 30 minutes of consecutive time in a crib, high chair, playpen, or other place of confinement;

2. Consult with each child's parent to develop a mutual plan for individual toilet training of the child and ensure that a staff member does not force toilet training on any child;

3. Ensure that each activity area has a supply of age-appropriate toys, materials, and equipment in a quantity sufficient to meet the needs of the children in attendance.

a. Toys, materials, and equipment include:

i. Books, including cloth books;

ii. Rubber or soft plastic balls;

iii. Puzzles and toys to enhance manipulative skills;

iv. Blocks;

v. Washable soft toys, stuffed animals, and dolls;

vi. Musical instruments; and

vii. Indoor and outdoor equipment to enhance large muscle development;

b. Toys, materials, and equipment are:

i. Too large for a child to swallow; and

ii. Free of sharp edges and points;

4. Ensure that:

a. If finger food is served, the food is of a size and texture that does not present a choking hazard;

b A staff member serves food to a child in a high chair or at a table with a chair that allows the child to reach the food while sitting; and

c. If a child is fed with a bottle, a staff member complies with the requirements set forth in R9-5- 502(C)(4).

Historical Note

Adopted effective December 12, 1986 (Supp. 86-6). Section repealed; new Section adopted effective October 17, 1997 (Supp. 97-4).

R9-5-505. Supplemental Standards for 3-year-old, 4-yearold, and 5-year-old Children

In addition to complying with all child care standards, a licensee providing child care services for 3-year-old, 4-year-old, and 5-yearold children shall provide a supply of age-appropriate toys, materials, and equipment in each activity area in a quantity sufficient to meet the needs of the children in attendance. Toys, materials, and equipment shall include:

1. Art supplies,

2. Blocks,

3. Books and posters,

4. Toys and dress-up clothes,

5. Indoor and outdoor equipment to enhance large muscle development,

6. Puzzles and toys to enhance manipulative and categorization skills,

7. Science materials, and

8. Musical instruments.

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