DCF 251.08(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 251.08(1)(a)2.
2. The licensee contracts with another individual or organization that owns or leases the vehicle used.
DCF 251.08(1)(a)3.
3. Employees, parents, or volunteers are transporting children at the direction, at the request, or on behalf of the licensee.
DCF 251.08(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 in s.
DCF 251.055 (2) (b):
DCF 251.08(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 251.08(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 251.08(1)(c)
(c) The licensee shall document in its policies that transportation provided through a written or verbal contract with another individual or organization meets the requirements of this section.
DCF 251.08(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 251.08(2)(a)
(a) The purpose of the transportation and the parent or guardian's permission to transport the child for that purpose.
DCF 251.08(2)(b)
(b) An address and telephone number where a parent or other adult can be reached in an emergency.
DCF 251.08(2)(c)
(c) The name, address, and telephone number of the child's health care provider.
DCF 251.08(2)(d)
(d) Written consent from the child's parent or guardian for emergency medical treatment.
DCF 251.08 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 251.08(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 251.08(3)(b)
(b) A copy of the completed permission and emergency information form under sub.
(2) for each child being transported.
DCF 251.08(3)(c)
(c) For transportation to or from a child's home or school, the transportation route and scheduled stops.
DCF 251.08(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 for the state where the driver resides and for the type of vehicle driven.
DCF 251.08(4)(b)
(b) Before a driver who is not the licensee first transports children, the licensee shall provide the driver with a training. The licensee shall review, document, and update the training as necessary with each driver annually. The training shall include all of the following:
DCF 251.08(4)(b)1.
1. The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.
DCF 251.08(4)(b)2.
2. The procedure for loading, unloading, and tracking of children being transported.
DCF 251.08(4)(b)3.
3. The procedure for evacuating the children from a vehicle in an emergency.
DCF 251.08(4)(b)4.
4. Behavior management techniques for use with children being transported.
DCF 251.08(4)(b)8.
8. A review of child abuse and neglect laws and center reporting procedures.
DCF 251.08(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 251.08(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 251.08(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 251.08(4)(c)3.
3. A driver whose driving record indicates that the driver poses a threat to the children may not transport children.
DCF 251.08(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 251.08(4)(d)1.c.
c. The phone or device is used to communicate with the center regarding an emergency situation.
DCF 251.08(4)(d)2.
2. A navigation device may be used during transportation if the device is programmed to a destination when the vehicle is out of traffic and not in operation.
DCF 251.08(5)(a)(a) The licensee shall ensure that each vehicle that is used to transport children is all of the following:
DCF 251.08(5)(a)1.
1. Registered with the Wisconsin department of transportation or the appropriate authority in another state.
DCF 251.08(5)(a)2.
2. Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.
DCF 251.08(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 251.08 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 251.08(5)(c)
(c) 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 251.08(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 and in accordance with s.
347.48 Stats., and ch.
Trans 310.
DCF 251.08(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 251.08(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 251.08(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 251.08(7)(a)
(a) The center shall be responsible for a child from the time the child is placed in a vehicle until the children 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 251.08 Note
Note: The form
Transportation Permission - Child Care Centers may be used to designate an adult to receive a child being transported. Forms are available on the department's website at
https://dcf.wisconsin.gov/cclicensing/ccformspubs.
DCF 251.08(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 251.08(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 251.08(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 251.08(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 251.08(8)(a)1.
1. The vehicle is owned or leased by a licensee or a contractor of a licensee.
DCF 251.08(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 determined by the manufacturer.
DCF 251.08(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 251.08(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 251.08 Note
Note: Information on the required vehicle safety alarm is available in the “child care licensing/information for providers” section of the department website at
http://dcf.wisconsin.gov.
DCF 251.08 History
History: Cr.
Register, January, 1997, No. 493, eff. 8-1-97;
CR 03-052: r. and recr. (3) and (7), am. (4) (b) and (5) (d), cr. (4) (d)
Register December 2004 No. 588, eff. 3-1-05;
CR 07-102: am. (1), (3) (b), (4) (d), (5) (b) 1. and (6) (b), r. and recr. (2) (a), cr. (3) (c), (4) (b) 2. to 5. and (5) (e), renum. (4) (b) to be (4) (b) 1. and am.
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.
DCF 251.09
DCF 251.09 Additional requirements for infant and toddler care. DCF 251.09(1)(a)(a) Group child care centers providing care and supervision to infants and toddlers shall comply with the additional requirements of this section.
DCF 251.09(1)(am)
(am) Prior to admission, the licensee shall obtain written information from a child's parent or guardian to individualize the program of care for the child. Child care workers shall use the information obtained from parents to provide care to the child. Information shall include all of the following:
