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DCF 202.08 Note Note: Subsection (8m) does not apply to certified in-home child care operators.
DCF 202.08(9) (9)TRANSPORTATION.
DCF 202.08(9)(a)1.1. Except as provided in subd. 2., this subsection applies to all transportation of children in care, including both regularly scheduled transportation to and from the premises and field trip transportation, if any of the following apply:
DCF 202.08(9)(a)1.a. a. The operator owns or leases the vehicle used.
DCF 202.08(9)(a)1.b. b. The operator contracts with another individual or organization that owns or leases the vehicle used.
DCF 202.08(9)(a)1.c. c. Employees, parents, or volunteers are transporting children other than their own at the direction of, request of, or on behalf of the operator.
DCF 202.08(9)(a)2. 2. The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers:
DCF 202.08(9)(a)2.a. a. The requirement that the certification agency obtain a copy of the driver's driving record under par. (f).
DCF 202.08(9)(a)2.b. b. The requirements related to child care vehicle safety alarms under pars. (p) to (s).
DCF 202.08(9)(b) (b) Before transporting a child, an operator 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 202.08(9)(b)1. 1. The purpose of the transportation and the parent or guardian's permission to transport the child for that purpose.
DCF 202.08(9)(b)2. 2. The length of time the child will transported.
DCF 202.08(9)(b)3. 3. An address and telephone number where a parent or other adult can be reached in an emergency.
DCF 202.08(9)(b)4. 4. The name, address, and telephone number of the child's health care provider.
DCF 202.08(9)(b)5. 5. Written consent from the child's parent for emergency medical treatment.
DCF 202.08 Note Note: The operator may use the department's form, Child Care Enrollment and Health History-Certified Child Care, to obtain consent of the child's parent for emergency medical treatment. Forms are available on the department's website, https://dcf.wisconsin.gov/cccertification/ccformspubs.
DCF 202.08(9)(c) (c) An operator shall ensure that a written list of children being transported, copies of completed permissions, and emergency information for each child being transported is maintained at the premises and in any vehicle transporting children while the children are being transported.
DCF 202.08(9)(d) (d) The driver of a vehicle used to transport children in care shall be at least 18 years of age, have at least one year of driving experience, and hold a valid driver's license for the state where the driver resides and for the type of vehicle driven.
DCF 202.08(9)(e) (e) Before a driver who is not the operator first transports children, the operator shall review all of the following with the driver:
DCF 202.08(9)(e)1. 1. The procedure for ensuring that all children are properly restrained in the appropriate child safety seat.
DCF 202.08(9)(e)2. 2. The procedure for loading, unloading, and tracking of children being transported.
DCF 202.08(9)(e)3. 3. The procedure for evacuating the children from a vehicle in an emergency.
DCF 202.08(9)(e)4. 4. Behavior management techniques for use with children being transported.
DCF 202.08(9)(e)5. 5. Applicable statutes and rules affecting transportation of children.
DCF 202.08(9)(e)6. 6. First aid procedures.
DCF 202.08(9)(e)7. 7. Child abuse and neglect laws and reporting procedures.
DCF 202.08(9)(e)8. 8. Information on any special needs a child being transported may have and the plan for how those needs will be met.
DCF 202.08(9)(e)9. 9. Vehicle alarm operation, if applicable.
DCF 202.08(9)(f)1.1. Prior to the day a driver first transports children in care, the operator shall submit to the certification agency a copy of the driving record for each driver and obtain approval of the driver from the certification agency.
DCF 202.08(9)(f)2. 2. In determining whether a driver may pose a threat to the children, the certification worker shall consider the totality of the driver's record, any other relevant facts, and the following factors in combination:
DCF 202.08(9)(f)2.a. a. The seriousness of any accidents or violations.
DCF 202.08(9)(f)2.b. b. The amount of time that has passed since an accident or violation occurred.
DCF 202.08(9)(f)2.c. c. The number of accidents or violations.
DCF 202.08(9)(f)2.d. d. The likelihood that a similar incident will occur.
DCF 202.08(9)(f)3. 3. A driver whose driving record indicates that the driver poses a threat to the children may not transport children.
DCF 202.08 Note Note: Information on how to obtain driving records may be obtained by contacting the Department of Transportation at (608) 261-2566 or http://dot.wisconsin.gov/drivers/drivers/point/abstract.htm.
DCF 202.08(9)(g)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 202.08(9)(g)1.a. a. The phone or device is used to call 911.
DCF 202.08(9)(g)1.b. b. The phone or device is used to communicate with emergency responders.
DCF 202.08(9)(g)1.c. c. The phone or device is used to communicate with the certified child care operator or a provider regarding an emergency situation.
DCF 202.08(9)(g)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 202.08(9)(h) (h) The operator shall ensure that each vehicle that is used to transport children is all of the following:
DCF 202.08(9)(h)1. 1. Registered with the Wisconsin department of transportation or the appropriate authority in another state.
DCF 202.08(9)(h)2. 2. Clean, uncluttered, and free of obstruction on the floors, aisles, and seats.
DCF 202.08(9)(h)3. 3. In safe operating condition.
DCF 202.08(9)(i) (i) The operator shall obtain and maintain vehicle liability insurance with minimums no less than those specified in subch. VI of ch. 344, Stats. The operator shall maintain proof of insurance and make this information available to the certification worker upon request.
DCF 202.08(9)(j) (j) 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 202.08 Note Note: For further information on child safety restraints, see https://wisconsindot.gov/Pages/safety/education/child-safety/default.aspx.
DCF 202.08(9)(k)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. (j) shall be properly restrained by a seat belt in an operating vehicle in accordance with s. 347.48, Stats., and ch. Trans 315.
DCF 202.08(9)(k)2. 2. Each adult shall be properly restrained by a seat belt in an operating vehicle in accordance with s. 347.48, Stats., and ch. Trans 315.
DCF 202.08(9)(k)3. 3. Seat belts may not be shared.
DCF 202.08(9)(L) (L) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer's specifications.
DCF 202.08(9)(m) (m) The operator 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.
DCF 202.08(9)(n) (n) Children may not be left unattended in a vehicle.
DCF 202.08(9)(nm) (nm) Children under 13 years of age may not ride in the front seat of a vehicle.
DCF 202.08(9)(o) (o) Rides to and from the certified child care, field trips, or other program activities may not exceed 60 minutes each way.
DCF 202.08(9)(p) (p) 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 202.08(9)(p)1. 1. The vehicle is owned or leased by the operator or a contractor of the operator.
DCF 202.08(9)(p)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 202.08(9)(p)3. 3. The vehicle is used to transport children in care.
DCF 202.08(9)(q) (q) 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 202.08(9)(r) (r) The child safety alarm shall be in good working order each time the vehicle is used for transporting children.
DCF 202.08(9)(s) (s) At least annually, the operator shall make each vehicle that is required to have a child safety alarm under par. (p) available to the child care certification worker to determine whether the child safety alarm is in good working order.
DCF 202.08 Note Note: Information on the required vehicle safety alarm is available on the department's website, https://dcf.wisconsin.gov/ccregulation/providers.
DCF 202.08(10) (10)MEALS AND SNACKS. A child care provider shall ensure that each child receives proper nourishment while in child care as follows:
DCF 202.08(10)(a) (a) Each child shall be served one meal or snack at least once every 3 hours. Each meal and snack shall meet the U.S. department of agriculture child and adult care food program minimum meal requirements.
DCF 202.08 Note Note: The USDA meal program requirements are found on the U.S. Department of Agriculture website, http://www.fns.usda.gov/cacfp/meals-and-snacks.
DCF 202.08(10)(b) (b) Each child in attendance for 4 or more hours shall be served a meal.
DCF 202.08(10)(bm) (bm) Enough food shall be prepared for each meal, so second portions of vegetables, fruit, grains, and milk are available to children.
DCF 202.08(10)(c) (c) A child that is unable to hold a bottle is held whenever a bottle is given. Bottles may not be propped.
DCF 202.08(11) (11)REST. A child care provider shall ensure that each child has a clean, comfortable and safe place to rest as follows:
DCF 202.08(11)(a) (a) Each child shall be allowed to have undisturbed rest or a nap, when needed, in a place that is clean, safe and comfortable.
DCF 202.08(11)(b) (b) Each child shall have a personal clean sheet or blanket or both and pillowcase if a pillow is used.
DCF 202.08(11)(c) (c) To reduce the risk of sudden infant death syndrome, each infant shall be placed to sleep on his or her back, unless otherwise directed by the child's physician. All sleeping arrangements for children under one year of age shall use firm mattresses.
DCF 202.08(11)(d) (d) A safe crib or playpen with a tight-fitting mattress with a tight-fitting covering shall be available for each child under one year of age to use for napping or sleeping. The crib or playpen may not contain soft or loose materials, such as sheepskins, pillows, blankets, flat sheets, bumper pads, bibs, pacifiers with attached soft objects or stuffed animals. A certified family child care operator shall ensure that each crib used by a child in care satisfies the applicable federal safety standards in 16 CFR Part 1219 or 1220.
DCF 202.08 Note Note: A crib that was manufactured or sold before June 28, 2011, may not satisfy the crib safety standards in 16 CFR Part 1219 or 1220.
DCF 202.08(12) (12)PROVIDER AND PARENT COMMUNICATION. The certified child care operator shall be in ongoing communication with a child's parent or ensure that a substitute child care provider is in ongoing communication with a child's parent by doing all of the following:
DCF 202.08(12)(a) (a) Allowing parents to visit and observe the program of child care during any hours that care is being provided.
DCF 202.08(12)(b) (b) Talking to each child's parent at least once a week about his or her child's development, activities, likes and dislikes.
DCF 202.08(12)(c) (c) Developing a written contract that specifies the charge for child care and the expected frequency of payment for the service. The contract shall be signed by the operator and a parent or guardian.
DCF 202.08(12)(d) (d) Making a copy of the applicable certification standards available to each parent.
DCF 202.08(12)(e) (e) Displaying a copy of the certificate in an area easily seen by parents and visitors, unless the operator is a certified in-home child care operator.
DCF 202.08(12)(f) (f) Prior to a child's first day of attendance for any child in care, obtaining information on a form prescribed by the department with enrollment and health history information, including all of the following:
DCF 202.08(12)(f)1. 1. The parents' home and work phone numbers.
DCF 202.08(12)(f)2. 2. Health history, including information relating to a child's special health care needs and emergency care plan.
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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.