Wisconsin Legislature: DCF 252.09(1)(c)

(b) The licensee shall ensure that every employee or volunteer who comes in contact with the children at the day camp has received annual pre-camp training in all of the following:

1. Child abuse and neglect laws;

2. Identification of children who have been abused or neglected; and

3. The process for ensuring that known or suspected cases of child abuse or neglect are immediately reported to the proper authorities.

Note: Failure of the licensee to report known or suspected incidents of child abuse or neglect does not lessen the legal duty of the child care worker to report known or suspected cases of child abuse or neglect.

History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: r. and recr. (1) and (2), am. (3) (b) (intro.) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (title), r. and recr. (2) (b) 1., 2., am. (2) (c), (3) (title), (a), (b) (intro.), 3., eff. 1-30-19; CR 19-089: am. (title), r. and recr. (2) (b) 1., 2., am. (2) (c), (3) (title), (a), (b) (intro.), 3. Register March 2020 No. 771, eff. 4-1-20.

DCF 252.08 Pets and other animals.

(1) Pets that are kept on the premises of a day camp shall be maintained in good health and appropriately vaccinated against rabies. Rabies vaccinations shall be documented with a current certificate from a veterinarian.

(2) A pet that is suspected of being ill, or infested with external lice, fleas, ticks, or internal worms shall be inaccessible to children.

(3) In the event that an animal bites a child, the parent shall be notified and a veterinarian shall be contacted by center personnel to determine a course of action in the diagnosis of possible rabies in the animal. Procedures for emergency care of children shall be followed. Parents shall be notified of any action taken by the veterinarian.

(4) Turtles, skunks, exotic animals, wild animals and poisonous reptiles may not be kept as pets on the premises of the day camp.

(5) Animal pens shall be kept clean.

(6) All contact between pets or animals and children shall be under the supervision of a camp counselor who is close enough to remove the child immediately if the pet or animal shows signs of distress or the child shows signs of treating the pet or animal inappropriately. Pets shall be kept and handled in a manner which protects the well-being of both children and pets.

(7) Pets in rooms used by children shall be confined in cages while food is being prepared or served. Pets, cages and litter boxes are prohibited in kitchens, lunch rooms and other food storage areas. Pet and animal feeding dishes and litter boxes may not be placed in areas accessible to children.

(8) No horses or other livestock may be permanently quartered closer than 500 feet from any building in which the day camp is located.

(9) Pets that pose any risk to the children shall be restricted from the areas used by children.

(10) Procedures to be followed when children have contact with animals, other than pets, while in the care of the camp shall be included in the camp’s health policy.

Note: Service animals used by a person with a disability to assist that person are not considered pets under this rule while they are working as a service animal.

History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; CR 07-102: am. (title), (1), (2), (4), (6) and (8), r. and recr. (7), cr. (9) and (10) Register December 2008 No. 636, eff. 1-1-09; EmR1918: emerg. am. (2), eff. 1-30-19; CR 19-089: am. (2) Register March 2020 No. 771, eff. 4-1-20.

DCF 252.09 Transportation.

(1) Applicability.

(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 camp and field trip transportation, if any of the following apply:

1. The licensee owns or leases the vehicle used.

2. The licensee contracts with another individual or organization that owns or leases the vehicle used.

3. Employees, parents, or volunteers are transporting children at the direction, request, or on behalf of the licensee.

(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 counselor-to-child ratios in Table DCF 252.425:

1. The requirement that a licensee obtain a copy of the driver’s driving record under sub. (4) (c).

2. The requirement to provide evidence that the vehicle is in safe operating condition at 12-month intervals under sub. (5) (b).

3. The requirements related to child care vehicle safety alarms under sub. (8).

(c) The licensee shall document in their policies that transportation provided through a written or verbal contract with another individual or organization meets the requirements of this section.

(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 the following information:

(a) The purpose of the transportation and the parent or guardian’s permission to transport the child for that purpose.

(b) An address and telephone number where a parent or other adult can be reached in an emergency.

(d) Written consent from the child’s parent or guardian for emergency medical treatment.

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.

(3) Required information for each trip. The licensee shall ensure that written documentation of all of the following is maintained at the camp and in any vehicle transporting children while the children are being transported:

(a) A list of the children being transported.

(b) A copy of the completed permission and emergency information form under sub. (2) for each child being transported.

(4) Driver.

(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.

(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:

1. The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.

2. The procedure for loading, unloading, and tracking of children being transported.

3. The procedure for evacuating the children from a vehicle in an emergency.

4. Behavior management techniques for use with children being transported.

5. A review of this section and the applicable statutes under s. 347.48, Stats.

6. A review of applicable camp policies.

7. First aid procedures.

8. A review of child abuse and neglect laws and center reporting procedures.

9. Information on any special needs a child being transported may have and the plan for how those needs will be met.

10. A review of the use of the vehicle alarm, if applicable.

11. Any other job responsibilities as determined by the licensee.

(c)

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.

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 all of the following factors in combination:

a. The seriousness of any accidents or violations.

b. How much time has passed since an accident or violation occurred.

c. The number of accidents or violations.

d. The likelihood that a similar incident will occur.

3. A driver whose driving record indicates that the driver poses a threat to the children may not transport children.

Note: Information on how to obtain driving records may be obtained by contacting the department of transportation at (608) 261-2566 or https://wisconsindot.gov/Pages/dmv/license-drvs/susp-or-rvkd/point-system.aspx.

(d)

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:

a. The phone or device is used to call 911.

b. The phone or device is used to communicate with emergency responders.

c. The phone or device is used to communicate with the camp regarding an emergency situation.

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.

(5) Vehicle.

(a) The licensee shall ensure that each vehicle that is used to transport children is all of the following:

1. Registered with the Wisconsin department of transportation or the appropriate authority in another state.

2. Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.

3. In safe operating condition.

(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.

Note: The department’s form, Vehicle Safety Inspection, is used to record evidence of the vehicle’s safe operating condition. Forms are available on the department’s website, https://dcf.wisconsin.gov/cclicensing/ccformspubs.

(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.

(d) Hired or contracted school buses used to transport children shall be in compliance with ch. Trans 300.

(6) Seat belts and child safety restraints.

(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.

Note: For further information on child safety restraints, see https://wisconsindot.gov/Pages/safety/education/child-safety/default.aspx.

(b)

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.

2. Each adult in the vehicle shall be properly restrained by a seat belt in accordance with s. 347.48, Stats., and ch. Trans 315.

3. Seat belts may not be shared.

(c) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer’s specifications.

(d) Children under 13 years of age who are in the care of the camp may not ride in the front seat of a vehicle.

(7) Vehicle capacity and supervision.

(a) The camp 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.