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DCF 252.09(4) (4)Driver.
DCF 252.09(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 252.09(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 252.09(4)(b)1. 1. The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.
DCF 252.09(4)(b)2. 2. The procedure for loading, unloading, and tracking of children being transported.
DCF 252.09(4)(b)3. 3. The procedure for evacuating the children from a vehicle in an emergency.
DCF 252.09(4)(b)4. 4. Behavior management techniques for use with children being transported.
DCF 252.09(4)(b)5. 5. A review of this section and the applicable statutes under s. 347.48, Stats.
DCF 252.09(4)(b)6. 6. A review of applicable camp policies.
DCF 252.09(4)(b)7. 7. First aid procedures.
DCF 252.09(4)(b)8. 8. A review of child abuse and neglect laws and center reporting procedures.
DCF 252.09(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 252.09(4)(b)10. 10. A review of the use of the vehicle alarm, if applicable.
DCF 252.09(4)(b)11. 11. Any other job responsibilities as determined by the licensee.
DCF 252.09(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 252.09(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 all of the following factors in combination:
DCF 252.09(4)(c)2.a. a. The seriousness of any accidents or violations.
DCF 252.09(4)(c)2.b. b. How much time has passed since an accident or violation occurred.
DCF 252.09(4)(c)2.c. c. The number of accidents or violations.
DCF 252.09(4)(c)2.d. d. The likelihood that a similar incident will occur.
DCF 252.09(4)(c)3. 3. A driver whose driving record indicates that the driver poses a threat to the children may not transport children.
DCF 252.09 Note 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.
DCF 252.09(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 252.09(4)(d)1.a. a. The phone or device is used to call 911.
DCF 252.09(4)(d)1.b. b. The phone or device is used to communicate with emergency responders.
DCF 252.09(4)(d)1.c. c. The phone or device is used to communicate with the camp regarding an emergency situation.
DCF 252.09(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 252.09(5) (5)Vehicle.
DCF 252.09(5)(a)(a) The licensee shall ensure that each vehicle that is used to transport children is all of the following:
DCF 252.09(5)(a)1. 1. Registered with the Wisconsin department of transportation or the appropriate authority in another state.
DCF 252.09(5)(a)2. 2. Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.
DCF 252.09(5)(a)3. 3. In safe operating condition.
DCF 252.09(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 252.09 Note 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.
DCF 252.09(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 252.09(5)(d) (d) Hired or contracted school buses used to transport children shall be in compliance with ch. Trans 300.
DCF 252.09(6) (6)Seat belts and child safety restraints.
DCF 252.09(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 252.09 Note Note: For further information on child safety restraints, see https://wisconsindot.gov/Pages/safety/education/child-safety/default.aspx.
DCF 252.09(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 252.09(6)(b)2. 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.
DCF 252.09(6)(b)3. 3. Seat belts may not be shared.
DCF 252.09(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 252.09(6)(d) (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.
DCF 252.09(7) (7)Vehicle capacity and supervision.
DCF 252.09(7)(a) (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.
DCF 252.09 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, https://dcf.wisconsin.gov/cclicensing/ccformspubs.
DCF 252.09(7)(b) (b) Children may not be left unattended in a vehicle.
DCF 252.09(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 have a disability that limits their ability to respond to an emergency.
DCF 252.09(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 252.09(7)(e) (e) No child may be in a vehicle for transport to or from the camp, a field trip, or other camp activity for more than 60 minutes each direction.
DCF 252.09(8) (8)Child care vehicle safety alarm.
DCF 252.09(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 252.09(8)(a)1. 1. The vehicle is owned or leased by a licensee or a contractor of a licensee.
DCF 252.09(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 252.09(8)(a)3. 3. The vehicle is used to transport children in care.
DCF 252.09(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 252.09(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 252.09 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 252.09 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; correction in (1) (h) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; CR 07-102: am. (intro.), (1) (a), (e), (f) (intro.), 2., (g), (2) (a), (c), (3) (a) to (c), (f), (4) (b) and (e), r. (1) (b), (2) (b) 1. and 2., renum. (1) (c), (h), (2) (b) (intro.) and (3) (g) to be (1) (c) 1., (h) (intro.), (2) (b) and (3) (g) 1. and am., cr. (1) (c) 2., (h) 1. to 3., (3) (g) 2. and 3., r. and recr. (4) (f), (h) and (i) Register December 2008 No. 636, eff. 1-1-09; CR 14-028: cr. (5) 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 (4) (b) (intro.), 5., (7) (a) made under s. 35.17, Stats., Register March 2020 No. 771; correction in (6) (a), (b) 1., 2. made under s. 35.17, Stats., Register February 2023 No. 806.
DCF 252.40 DCF 252.40 Scope. Sections DCF 252.40 to 252.44 apply to all licensed day camps for children.
DCF 252.40 History History: Cr. Register, October, 1984, No. 346, eff. 11-1-84; correction made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635.
DCF 252.41 DCF 252.41 Operational requirements for day camps.
DCF 252.41(1)(1)Administration. The licensee shall do all of the following:
DCF 252.41(1)(a) (a) Comply with all laws governing the camp and its operation.
DCF 252.41(1)(b) (b) Comply with all requirements in this chapter.
DCF 252.41(1)(bm) (bm) Ensure that all information provided to the department is current and accurate.
DCF 252.41(1)(br) (br) Comply with all conditions placed on the license.
DCF 252.41(1)(c) (c) Designate, in writing, as part of the application under s. DCF 252.05 (1), a Wisconsin resident who is responsible on behalf of the licensee for ensuring compliance with all requirements in this chapter, if the licensee resides in another state.
DCF 252.41(1)(d) (d) Meet, upon request, with the licensing representative on matters pertaining to licensing.
DCF 252.41(1)(e) (e) Provide documentation of insurance coverage by the submission of a certificate of insurance reflecting current dates of coverage for:
DCF 252.41(1)(e)1. 1. General liability insurance which provides coverage with limits of not less than $25,000 for each person and total limits of $75,000 for each occurrence.
DCF 252.41(1)(e)2. 2. Vehicle liability insurance, when transportation is provided, with minimums no less than those specified in s. 121.53, Stats.
DCF 252.41(1)(e)3. 3. Vehicle liability insurance for non-owned vehicles with minimums not less than the amounts specified under s. 121.53, Stats., if transportation is provided in vehicles that are not owned by the camp and are not public transportation vehicles or chartered vehicles.
DCF 252.41(1)(e)4. 4. Specific adventure-based activities identified in s. DCF 252.44 (13) when offered as part of the camp program.
DCF 252.41(1)(f) (f) Develop, submit to the department, and implement written policies and procedures consistent with this chapter on all of the following subjects:
DCF 252.41(1)(f)1. 1. Discharge of enrolled children.
DCF 252.41(1)(f)2. 2. Fee payments and refunds.
DCF 252.41(1)(f)3. 3. Personnel policies including job descriptions, hours of work, lunch and break times, holidays, vacations, sick leaves, leaves of absence, probationary periods, performance evaluations, grievance procedures and the disciplinary process. The personnel policy shall also contain a procedure requiring staff to notify the licensee and the licensee to notify the department as soon as possible but no later than the next working day when any of the following occurs:
DCF 252.41(1)(f)3.a. a. The employee has been convicted of a crime.
DCF 252.41(1)(f)3.b. b. The employee has been or is being investigated by any governmental agency for any other act, offense, or omission, including an investigation related to the abuse or neglect or threat of abuse or neglect, to a child or other client, or an investigation related to misappropriation of a client's property.
DCF 252.41(1)(f)3.c. c. The employee has a governmental finding substantiated against them of abuse or neglect of a child or adult or of misappropriation of a client's property.
DCF 252.41(1)(f)3.d. d. When a professional license held by a provider has been denied, revoked, restricted or otherwise limited.
DCF 252.41(1)(f)4. 4. Admission, including a procedure to contact a parent if a child is absent from the camp without prior notification from the parent.
DCF 252.41(1)(f)5. 5. Program objectives and a description of activities designed to carry out the program objectives.
DCF 252.41(1)(f)6. 6. Transportation, if children may be transported to and from the camp or for field trips. The policy shall include a procedure to ensure that no child has been left unattended in a vehicle.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.