DCF 250.08(1)(a)(a) Except as provided in par.
(b), this section applies to all transportation of children in care, including both regularly scheduled transportation to and from the center and field trip transportation, if any of the following apply:
DCF 250.08(1)(a)2.
2. The licensee contracts with another person or organization that owns or leases the vehicle used.
DCF 250.08(1)(a)3.
3. Employees, parents, or volunteers are transporting children other than their own at the direction of, at the request of, or on behalf of the licensee.
DCF 250.08(1)(b)
(b) The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers who are not counted in the staff-to-child ratios specified in Table DCF 250.055:
DCF 250.08(1)(b)1.
1. The requirement that a licensee obtain a copy of the driver's driving record and review it under sub.
(4) (c).
DCF 250.08(1)(b)2.
2. The requirement to provide evidence that the vehicle is in safe operating condition at 12-month intervals under sub.
(5) (b).
DCF 250.08(1)(c)
(c) The licensee shall document in the licensee's policies that transportation provided through a written or verbal contract with another person or organization meets the requirements of this section.
DCF 250.08(2)
(2)
Permission and emergency information. Before transporting a child, a licensee shall obtain signed permission from the parent for transportation and emergency information for each child. The form shall include all of the following information:
DCF 250.08(2)(a)
(a) The purpose of the transportation and the parent's permission to transport the child for that purpose.
DCF 250.08(2)(b)
(b) An address and telephone number where a parent or other adult can be reached in an emergency.
DCF 250.08(2)(c)
(c) The name, address, and telephone number of the child's health care provider.
DCF 250.08(2)(d)
(d) Written consent from the child's parent for emergency medical treatment.
DCF 250.08 Note
Note: The licensee may use the department's form,
Child Care Enrollment, to obtain consent of the child's parent for emergency medical treatment. Information on how to obtain forms is available on the department's website,
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
DCF 250.08(3)
(3)
Required information for each trip. The licensee shall ensure that written documentation of all of the following is maintained at the center and in any vehicle transporting children while the children are being transported:
DCF 250.08(3)(b)
(b) A copy of the completed permission and emergency information form under sub.
(2) for each child being transported.
DCF 250.08(3)(c)
(c) For transportation to or from a child's home or school, the transportation route and scheduled stops.
DCF 250.08(4)(a)(a) The driver of a vehicle used to transport children in care shall be at least 18 years of age and shall hold a valid driver's license from the state where the driver resides and for the type of vehicle driven.
DCF 250.08(4)(b)
(b) Before a driver who is not the licensee first transports children and annually thereafter, the licensee shall provide the driver with an orientation. The licensee shall document the training. The training shall include all of the following:
DCF 250.08(4)(b)1.
1. The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.
DCF 250.08(4)(b)2.
2. The procedure for loading, unloading, and tracking of children being transported.
DCF 250.08(4)(b)3.
3. The procedure for evacuating the children from a vehicle in an emergency.
DCF 250.08(4)(b)4.
4. Behavior management techniques for use with children being transported.
DCF 250.08(4)(b)5.
5. A review of applicable statutes and rules affecting transportation of children.
DCF 250.08(4)(b)8.
8. A review of child abuse and neglect laws and center reporting procedures.
DCF 250.08(4)(b)9.
9. Information on any special needs a child being transported may have and the plan for how those needs will be met.
DCF 250.08(4)(c)1.1. Prior to the day a driver first transports children in care and annually thereafter, the licensee shall obtain a copy of the driving record for each driver and place the record in the staff file. The licensee shall review each driving record to ensure that the driver has no accidents or traffic violations that would indicate that having children ride with the driver could pose a threat to the children.
DCF 250.08(4)(c)2.
2. In determining whether a driver may pose a threat to the children, the licensee shall consider the totality of the driver's record, any other relevant facts, and the following factors in combination:
DCF 250.08(4)(c)3.
3. A driver whose driving record indicates that the driver poses a threat to the children may not transport children.
DCF 250.08(4)(d)1.1. Except as provided in subd.
2., a driver of a vehicle that is transporting children in care may not use a cellular phone or other wireless telecommunication device while loading, unloading, or transporting children, except when the vehicle is out of traffic, not in operation, and any of the following applies:
DCF 250.08(4)(d)1.c.
c. The phone or device is used to communicate with the center regarding an emergency situation.
DCF 250.08(4)(d)2.
2. A navigation device may be used during transportation of children if the device is programmed to a destination when the vehicle is out of traffic and not in operation.
DCF 250.08(5)(a)(a) The licensee shall ensure that each vehicle that is used to transport children is all of the following:
DCF 250.08(5)(a)1.
1. Registered with the Wisconsin department of transportation or the appropriate authority in another state.
DCF 250.08(5)(a)2.
2. Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.
DCF 250.08(5)(b)
(b) At 12-month intervals, the licensee shall provide the department with evidence of a vehicle's safe operating condition on a form provided by the department.
DCF 250.08 Note
Note: The department's form,
Vehicle Safety Inspection, is used to record evidence of the vehicle's safe operating condition. Information on how to obtain forms is available on the department's website,
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
DCF 250.08(5)(c)
(c) The licensee shall obtain and maintain vehicle liability insurance with minimums no less than those specified in subch.
VI of ch. 344, Stats.
DCF 250.08(5)(e)
(e) At least once per year, the licensee shall make available to the department each vehicle that is required to have a child safety alarm under sub.
(8) (a) to determine whether the child safety alarm is in good working order.
DCF 250.08(6)(a)
(a) No person may transport a child under 8 years of age in a motor vehicle, unless the child is restrained in a child safety restraint system that is appropriate to the child's age and size in accordance with s.
347.48, Stats., and ch.
Trans 310.
DCF 250.08(6)(b)1.1. Each child who is not required to be in an individual child car safety seat or booster seat when being transported under par.
(a) shall be properly restrained by a seat belt in accordance with s.
347.48, Stats., and ch.
Trans 315.
DCF 250.08(6)(c)
(c) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer's specifications.
DCF 250.08(6)(d)
(d) Children under 13 years of age who are in the care of the center may not ride in the front seat of a vehicle.
DCF 250.08(7)(a)
(a) The center shall be responsible for a child from the time the child is placed in a vehicle until the child reaches his or her destination and is released to a person responsible for the child. A parent of a school age child may authorize a child to enter a building unescorted.
DCF 250.08 Note
Note: Form,
Transportation Permission - Child Care Centers, may be used to designate an adult to receive a child being transported. The form is available on the department's website at
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
DCF 250.08(7)(c)
(c) When children are transported in a vehicle, there shall be at least one adult supervisor in addition to the driver whenever there are more than 3 children who are either under 2 years of age or who have a disability that limits their ability to respond to an emergency.
DCF 250.08(7)(d)
(d) The licensee shall develop and implement a procedure to ensure that all children exit the vehicle after being transported to a destination.
DCF 250.08(7)(e)
(e) No child may be in a vehicle for transport to or from a center, a field trip, or other center activity for more than 60 minutes for a one-way trip.
DCF 250.08(8)(a)(a) A vehicle shall be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting if all of the following conditions apply:
DCF 250.08(8)(a)1.
1. The vehicle is owned or leased by a licensee or a contractor of a licensee.
DCF 250.08(8)(a)2.
2. The vehicle has a seating capacity of 6 or more passengers plus the driver. The seating capacity of the vehicle shall be as determined by the manufacturer.
DCF 250.08(8)(b)
(b) No person may shut off a child safety alarm unless the driver first inspects the vehicle to ensure that no child is left unattended in the vehicle.
DCF 250.08(8)(c)
(c) The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a center.
DCF 250.08 History
History: CR 03-052: cr.
Register December 2004 No. 588, eff. 3-1-05;
CR 07-102: renum. (3) and (5) to be (3) (a) and (5) (a) and am., cr. (3) (b), (c), (5) (b), (c), (d), (e) and (6) (e), r. and recr. (4), am. (6) (b)
Register December 2008 No. 636, eff. 1-1-09;
CR 14-028: cr. (8)
Register July 2016 No. 727, eff. 8-1-16;
EmR1918: emerg. r. and recr., eff. 1-30-19;
CR 19-089: r. and recr.
Register March 2020 No. 771, eff. 4-1-20; correction in (6) (a), (b) 1., 2. made under s.
35.17, Stats.,
Register February 2023 No. 806.
DCF 250.09
DCF 250.09
Additional requirements for infant and toddler care. DCF 250.09(1)(1)
Applicability, qualifications and general requirements. DCF 250.09(1)(a)(a) Family child care centers providing care and supervision to infants and toddlers shall comply with the additional requirements of this section.
DCF 250.09(1)(c)1.1. A provider shall use information obtained on a department-provided form for children under 2 years of age to individualize the program of care for each child. The information shall be at the center before the child is left for care on the child's first day of attendance. A provider and the child's parents shall periodically discuss the child's development and routines.
