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(a) The certified child care home has safe indoor and outdoor play equipment that meets the following conditions:
1. The play equipment is scaled to the size and developmental level of the children in care.
2. The play equipment is constructed in a sturdy manner and is in good operating condition with no sharp, rough, loose, or pointed edges.
(b) Indoor and outdoor areas used for child care include sufficient space for play and for activities that meet the developmental needs of the children in care. Various types of play equipment are provided to allow for large and small muscle activity, dramatic play, and intellectual stimulation.
(c) Indoor play equipment is provided to allow each child a choice of at least 3 activities involving equipment when all children are using equipment.
(d) Outdoor play equipment is provided to allow each child at least one activity when all children are using equipment at the same time.
(e) No trampolines or inflatable bounce surfaces on the premises are accessible to children or used by children in care.
Note: Subsection (8m) does not apply to certified in-home child care operators.
(9)Transportation.
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:
a. The operator owns or leases the vehicle used.
b. The operator contracts with another individual or organization that owns or leases the vehicle used.
c. Employees, parents, or volunteers are transporting children other than their own at the direction of, request of, or on behalf of the operator.
2. The following requirements do not apply to transportation provided in vehicles owned and driven by parents or volunteers:
a. The requirement that the certification agency obtain a copy of the driver’s driving record under par. (f).
b. The requirements related to child care vehicle safety alarms under pars. (p) to (s).
(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:
1. The purpose of the transportation and the parent or guardian’s permission to transport the child for that purpose.
2. The length of time the child will transported.
3. An address and telephone number where a parent or other adult can be reached in an emergency.
4. The name, address, and telephone number of the child’s health care provider.
5. Written consent from the child’s parent for emergency medical treatment.
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.
(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.
(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.
(e) Before a driver who is not the operator first transports children, the operator shall review all of the following with the driver:
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. Applicable statutes and rules affecting transportation of children.
6. First aid procedures.
7. Child abuse and neglect laws and reporting procedures.
8. Information on any special needs a child being transported may have and the plan for how those needs will be met.
9. Vehicle alarm operation, if applicable.
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.
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:
a. The seriousness of any accidents or violations.
b. The amount of time that 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 http://dot.wisconsin.gov/drivers/drivers/point/abstract.htm.
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 certified child care operator or a provider 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.
(h) The operator 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.
(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.
(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.
Note: For further information on child safety restraints, see https://wisconsindot.gov/Pages/safety/education/child-safety/default.aspx.
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.
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.
3. Seat belts may not be shared.
(L) Children transported in school buses or vehicles built to school bus standards shall be properly seated according to the manufacturer’s specifications.
(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.
(n) Children may not be left unattended in a vehicle.
(nm) Children under 13 years of age may not ride in the front seat of a vehicle.
(o) Rides to and from the certified child care, field trips, or other program activities may not exceed 60 minutes each way.
(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:
1. The vehicle is owned or leased by the operator or a contractor of the operator.
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.
3. The vehicle is used to transport children in care.
(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.
(r) The child safety alarm shall be in good working order each time the vehicle is used for transporting children.
(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.
Note: Information on the required vehicle safety alarm is available on the department’s website, https://dcf.wisconsin.gov/ccregulation/providers.
(10)Meals and snacks. A child care provider shall ensure that each child receives proper nourishment while in child care as follows:
(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.
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.
(b) Each child in attendance for 4 or more hours shall be served a meal.
(bm) Enough food shall be prepared for each meal, so second portions of vegetables, fruit, grains, and milk are available to children.
(c) A child that is unable to hold a bottle is held whenever a bottle is given. Bottles may not be propped.
(11)Rest. A child care provider shall ensure that each child has a clean, comfortable and safe place to rest as follows:
(a) Each child shall be allowed to have undisturbed rest or a nap, when needed, in a place that is clean, safe and comfortable.
(b) Each child shall have a personal clean sheet or blanket or both and pillowcase if a pillow is used.
(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.
(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.
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.
(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:
(a) Allowing parents to visit and observe the program of child care during any hours that care is being provided.
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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.