Ariz. Admin. Code § 9-3-301

Current through Register Vol. 30, No. 40, October 4, 2024

Section R9-3-301 - Certificate Holder and Provider Responsibilities

A. A certificate holder shall:

1. Designate a provider who:

a. Lives in the residence;

b. Is 21 years of age or older;

c. Has a high school diploma, high school equivalency diploma, associate degree, or bachelor degree;

d. Meets one of the following:

i. Has completed at least three credit hours in child growth and development, nutrition, psychology, or early childhood education;

ii. Has completed at least 60 hours of training in child growth and development, nutrition, psychology, early childhood education, or management of a child care business; or

iii. Has at least 12 months of child care experience; and

e. Has completed Department-provided orientation training that includes the Department's role in certifying and regulating child care group homes under A.R.S. Title 36, Chapter 7.1, Article 4 and this Chapter;

2. Ensure that each staff member is 16 years of age or older;

3. Ensure that each resident 12 years of age or older and each staff member submits, on or before the starting date of residency, employment, or volunteer services, one of the following as evidence of freedom from infectious active tuberculosis:

a. Documentation of a negative Mantoux skin test or other tuberculosis screening test recommended by the U.S. Centers for Disease Control and Prevention, administered within 12 months before the starting date of residency, employment, or volunteer service, that includes the date and the type of tuberculosis screening test; or

b. If the resident or staff member has had a positive Mantoux skin test or other tuberculosis screening test, a written statement that the resident or staff member is free from infectious active tuberculosis that is signed and dated by a physician, physician assistant, or registered nurse practitioner within six months before the starting date of residency, employment, or volunteer service; and

4. Ensure that the provider:

a. Supervises or assigns an adult staff member to supervise each staff member who is not an adult;

b. Maintains on the premises a file for each staff member, for 12 months after the date the staff member last worked at the child care group home, containing:

i. The staff member's name, date of birth, home address, and telephone number;

ii. The staff member's starting date of employment or volunteer service;

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

iv. The staff member's written statement attesting to current immunity against measles, rubella, diphtheria, mumps, and pertussis;

v. The form required in A.R.S. § 36-897.03(B);

vi. For an adult staff member, a copy of the staff member's valid fingerprint clearance card issued under A.R.S. Title 41, Chapter 12, Article 3.1;

vii. Documents required by subsection (A)(3);

viii. Documentation of the requirements in A.R.S. § 36-897.03(C);

ix. If applicable:

(1) The form required in A.R.S. § 8-804(I);

(2) Documentation of the submission required in A.R.S. § 8-804(C) and the information received as a result of the submission; and

(3) Documentation of the completion of the Department-provided orientation training specified in subsection (A)(1)(e), if applicable;

x. Documentation of the training required in R9-3-302; and

xi. Documentation of a high school diploma, high school equivalency diploma, associate degree, or bachelor degree, if applicable;

c. Maintains on the premises a file for each resident, for 12 months after the date the resident last resided at the child care group home, containing:

i. The resident's name and date of birth;

ii. The resident's relationship to the provider;

iii. The date the resident began residing at the child care group home;

iv. The date the resident last resided at the child care group home, if applicable;

v. A written statement by the resident or, if the resident is a minor, the provider attesting to the resident's current immunity against measles, rubella, diphtheria, mumps, and pertussis;

vi. If the resident is an adult, the form required in A.R.S. § 36-897.03(B);

vii. If the resident is an adult, the documents required by R9-3-202(C)(2) or R9-3-202(D); and

viii. If the resident is 12 years of age or older, the documents required by subsection (A)(3);

d. Prepares a dated attendance record for each day and ensures that each staff member records on the attendance record the staff member's start time and end time of providing child care services for the child care group home;

e. Maintains on the premises the dated attendance record required in subsection (A)(4)(d) for 12 months after the date on the attendance record;

f. Except as specified in R9-3-408, provides child care services only in areas:

i. Designated as provided in R9-3-201(2)(g)(i) or R9-3-201(2)(g)(i), or

ii. Approved under R9-3-205(C);

g. Does not engage in outside employment during hours of operation or operate another business at or out of the residence during hours of operation;

h. Does not allow another staff member to engage in or operate another business at or out of the residence during the staff member's assigned work hours at the child care group home;

i. Does not allow the operation of another business on the premises during hours of operation unless the operation of the business does not involve persons coming onto the premises during hours of operation because of the business; and

j. Does not allow the cultivation of medical marijuana on the premises.

B. A certificate holder shall ensure that all of the records required to be maintained by this Chapter either are written in English or, if written in a language other than English, include an English translation.

C. A certificate holder shall:

1. Secure and maintain general liability insurance of at least $100,000 for the child care group home; and

2. Maintain on the premises documentation of the insurance coverage required in subsection (C)(1).

D. A certificate holder shall ensure that:

1. While acting on behalf of the certificate holder when the provider is not present at the child care group home, an adult staff member with a high school diploma or high school equivalency certificate and one of the following is on the premises:

a. At least six months of child care experience;

b. Two or more credit hours in child growth and development, nutrition, psychology, or early childhood education; or

c. At least 30 hours of training in child growth and development, nutrition, psychology, or early childhood education; and

2. At least one adult staff member, in addition to the provider or the staff member specified in subsection (D)(1), is on the premises when six or more enrolled children are at the child care group home.

E. A certificate holder shall ensure that a parent, an individual designated in writing by the parent, or legal guardian of an enrolled child is allowed immediate access during hours of operation to the areas of the premises where the enrolled child is receiving child care services.

F. A certificate holder shall:

1. Prepare a document that includes the following information:

a. The name and contact telephone number of the provider;

b. The hours of operation of the child care group home;

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

d. Whether medications are administered at the child care group home and, if so, a description of what the parent is required to give to the child care group home;

e. Whether enrolled children go on field trips under the supervision of a staff member;

f. Whether the child care group home provides transportation for enrolled children to or from school, a school bus stop, or other locations;

g. The mechanism by which a staff member will verify that an individual contacting the child care group home by telephone claiming to be the parent of an enrolled child is the enrolled child's parent;

h. A statement that a parent has access to the areas on the premises where the parent's enrolled child is receiving child care services;

i. A statement that inspection reports for the child care group home are available for review at the child care group home; and

j. The local address and contact telephone number for the Department; and

2. Ensure that a staff member provides the document required in subsection (F)(1) to a parent of an enrolled child.

G. A certificate holder shall ensure that a staff member posts in a place that can be conspicuously viewed by individuals entering or leaving the child care group home:

1. The child care group home certificate;

2. The name of the provider;

3. The name of the staff member designated to act on behalf of the certificate holder when the provider is not present at the child care group home;

4. The hours of operation for the child care group home;

5. The weekly activity schedule required in R9-3-401(B)(4)(b);

6. The amount of time in minutes enrolled children may watch television, videos, or DVDs at the child care group home; and

7. The weekly menu, required in R9-3-406(F), before the first meal or snack of the week.

H. A certificate holder shall ensure that a staff member supervises any individual who is not a staff member and is on the premises where enrolled children are present.

I. A certificate holder shall ensure that a staff member who has current training in first aid and CPR is present during hours of operation when an enrolled child is on the premises or on a trip away from the premises under the supervision of a staff member.

J. A certificate holder shall ensure that if a staff member or resident lacks documentation of immunization or evidence of immunity that complies with A.A.C. R9-6-704 for a communicable disease listed in A.A.C. R9-6-702:

1. The staff member or resident is excluded from the child care group home between the start and end of an outbreak of the communicable disease at the child care group home, or

2. The child care group home is closed until the end of an outbreak at the child care group home.

K. Within 72 hours after changing a provider, a certificate holder shall send the Department written notice of the change, including the name of the new provider.

L. Except as provided in subsections (M) and (N), a certificate holder shall notify the Department in writing of a planned change in a child care group home's hours of operation at least three calendar days before the date of the planned change, including:

1. The certificate holder's name;

2. The child care group home's certificate number; and

3. The current and intended hours of operation.

M. A certificate holder is not required to notify the Department of a change in a child care group home's hours of operation when the change in the child care group home's hours of operation is due to the occurrence of a state or federal holiday on a day of the week the child care group home regularly provides child care services.

N. When the premises of a child care group home are left unoccupied during hours of operation or the child care group home is temporarily closed due to an unexpected event, a certificate holder shall ensure that a staff member notifies the Department before leaving the child care group home unoccupied or closing the child care group home, stating the period of time during which the child care group home will be unoccupied or closed.

Ariz. Admin. Code § R9-3-301

New Section made by final rulemaking at 10 A.A.R. 1214, effective September 1, 2004 (Supp. 04-1). Amended by exempt rulemaking at 17 A.A.R. 1530, effective September 30, 2011 (Supp. 11-3). Amended by final expedited rulemaking at 26 A.A.R. 1969, effective 9/2/2020. Amended by final expedited rulemaking at 28 A.A.R. 1835, effective 7/7/2022.