Policy Group Declares New Childcare Access Restrictions for Families Unlawful

By Staff Reporter |

The Arizona Department of Health Services (ADHS) is facing legal scrutiny over its proposal to impose strict limits on childcare enrollment. The Goldwater Institute has raised concerns, asserting that such caps would contravene statutory requirements governing agency rulemaking.

According to Arizona law, agencies cannot create rules that exceed their authorized subject areas or that lack specific statutory backing. The Goldwater Institute contends that the ADHS initiative to limit group sizes in childcare facilities exceeds the agency’s regulatory authority.

“An across-the-board cap on ‘group size,’ divorced from relevant factors such as child-adult ratios, does not align with the regulatory framework established for staffing ratios,” the Goldwater Institute explained in its letter. The organization warned that such restrictions could dramatically increase operational burdens for childcare providers, raise costs for families, and ultimately decrease childcare availability throughout the state.

The proposed amendments focus on staff-to-children ratios outlined in two rules: 9-5-404 and 9-5-726. They introduce specific group size limits based on age, starting with 10 infants per group and increasing to 40 for school-age children. The amendments also eliminate provisions that allow volunteers to be counted as staff and rename caregivers as “child educators.”

John Thorpe, a staff attorney with the Goldwater Institute, criticized these proposed limitations as an overreach of authority. He emphasized that such arbitrary restrictions would negatively impact families’ access to necessary childcare services. “This heavy-handed bureaucratic regulation is misguided, especially during a time when quality childcare is already in short supply,” Thorpe stated.

In a report from December, the Council for Strong America indicated that Arizona is losing nearly $5 billion each year in economic productivity due to inadequate childcare options. The report also highlighted parent testimonies, with over half reporting that childcare issues have affected their work attendance and productivity. Alarmingly, nearly 20 percent admitted to being let go from their jobs as a direct result of these challenges.