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:
DCF 251.09 Note
Note: The licensee may use the department's form, Intake for Child Under 2 Years — Child Care Centers, or the licensee's own form to record information for individualizing the program of care for each child. Information on how to obtain the department's form is available on the department's website,
http://dcf.wisconsin.gov, or from any regional licensing office in Appendix A.
DCF 251.09(1)(b)
(b) Admission information for an infant or toddler shall be on file in the room or area to which the child is assigned and shall be known to the child care worker.
DCF 251.09(1)(c)
(c) Child care workers shall document changes in a child's development and routines every 3 months based on discussion with the parent.
DCF 251.09(1)(d)
(d) Each infant and toddler shall be cared for by a regularly assigned child care worker in a self-contained room or area.
DCF 251.09(1)(e)
(e) The regularly assigned child care teacher and assistant child care teacher for each group of infants and toddlers shall have a minimum of 10 hours of training in infant and toddler care approved by the department within 6 months after assuming the position. If the training is not part of the required preservice entry-level training under s.
DCF 251.05 (3) (f) or
(g) it shall be obtained through continuing education.
DCF 251.09(1)(f)
(f) Infants and toddlers are restricted to first floors and ground floors having direct grade-level exits unless the building is in compliance with all applicable building codes that permit children to be cared for on other levels. The building inspection report on file with the licensing office shall indicate where care may be provided for children under 30 months of age.
DCF 251.09(1)(h)
(h) For centers licensed on or after January 1, 2009, the space occupied by cribs shall be deducted in determining the 35 square feet space requirement under s.
DCF 251.06 (7) (a) for each child.
DCF 251.09(1)(i)
(i) The number of children under one year of age admitted at any one time may not exceed the number of cribs and playpens.
DCF 251.09(1)(j)
(j) Cribs and playpens shall contain a tight-fitting mattress and a mattress covering that fits snugly over the mattress.
DCF 251.09(1)(k)
(k) Sheets or blankets used to cover a child one year of age or older shall be kept away from the child's mouth and nose, and if sleeping in a crib or playpen shall be tucked tightly under the mattress.
DCF 251.09(1)(L)
(L) A child under one year of age may not sleep in a crib or playpen that contains soft or loose materials, such as sheepskins, pillows, blankets, flat sheets, bumper pads, bibs, pacifiers with attached soft objects, or stuffed animals. No blankets and other items may be hung on the sides of the crib or playpen.
DCF 251.09(1)(m)
(m) An audio monitoring device shall be used in any area or room where children under one year of age are placed to sleep.
DCF 251.09(1)(n)
(n) Waterbeds may not be used by children under 2 years of age.
DCF 251.09(2)
(2) Daily program. In addition to the requirements under s.
DCF 251.07, all of the following apply to the care of infants and toddlers:
DCF 251.09(2)(a)
(a) Child care workers shall respond promptly to a crying child's needs.
DCF 251.09(2)(b)
(b) Each infant and each toddler shall be allowed to form and follow his or her own pattern of sleeping and waking.
