State of Wisconsin
Department of Children and Families
Child Care Vehicle Safety Alarm
DCF 202, 250, 251, and 252
The Wisconsin Department of Children and Families proposes to renumber ss. DCF 250.12 (2), 251.12 (2), and 252.06 (2); to amend s. DCF 202.04 (7) (b) 2. d.; and to create ss. DCF 202.08 (9) (f), 202.09 (12) (h), 250.08 (8), 250.12 (2) (b), 251.08 (8), 251.12 (2) (b), 252.06 (2) (b), and 252.09 (5), relating to the child care vehicle safety alarm. Analysis Prepared by the Department of Children and Families
Related statute or rule: None
Explanation of Agency Authority
Section 48.658, Stats., provides that before a child care vehicle is placed in service, the child care provider or contractor of a child care provider that is the owner or lessee of the child care vehicle shall have an alarm system that prompts the driver of the vehicle to inspect the vehicle for children before exiting. A child care vehicle is defined as a vehicle that has a seating capacity of 6 or more passengers in addition to the driver, that is owned or leased by a child care provider or a contractor of a child care provider, and that is used to transport children to and from the child care provider. Section 48.658 (4), Stats., as amended by 2015 Wisconsin Act 172, provides that the department shall promulgate rules to implement the section. Those rules shall include a rule requiring the department, whenever it inspects a child care provider that is licensed under s. 48.65 (1), Stats., or established or contracted for under s. 120.13 (14), Stats., and a county department or an agency contracted under s. 48.651 (2), Stats., whenever it inspects a child care provider that is certified under s. 48.651, to inspect the child safety alarm of each child care vehicle to determine whether the child safety alarm is in good working order. Section 48.651 (2), Stats., as amended by 2015 Wisconsin Act 172, provides that the department in a county having a population of 750,000 or more or a county department shall certify child care providers or the department may contract with a Wisconsin Works agency, as defined in s. 49.001 (9), child care resource and referral agency, or other agency to certify child care providers in a particular geographic area or for a particular Indian tribal unit. Summary of the Proposed Rules
The proposed rules amend the child care certification, family child care licensing, group child care licensing, and day camp licensing rules to incorporate the requirements on child care vehicle safety alarms in s. 48.658, Stats. The proposed rules provide that a vehicle must be equipped with a child safety alarm that prompts the driver to inspect the vehicle for children before exiting the vehicle if the vehicle is owned or leased by a certified child care operator or licensee or a contractor of a child care operator or licensee, has a seating capacity of 6 or more passengers plus the driver, and is used to transport children in care.
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. The child safety alarm shall be in good working order each time the vehicle is used for transporting children to or from a child care home, child care center, or base camp.
The child care licensing rules will be amended to require that the department inspect the child safety alarm of each vehicle to determine whether the child safety alarm is in good working order at least once per year. The child care certification rule will be amended to require a certification agency to inspect the child safety alarm as part of the on-site inspection of the premises done before initial certification, recertification, or within 30 days following a child care operator’s move to a new location.
Summary of Factual Data and Analytical Methodologies
The proposed rules incorporate the requirements of s. 48.658, Stats. Summary of Related Federal Requirements
None
Comparison to Adjacent States
None of the adjacent states has a child care vehicle safety alarm requirement.
Effect on Small Business
The proposed rules will not affect small businesses as defined in s. 227.114 (1), Stats. Analysis Used to Determine Effect on Small Business or Economic Impact
The requirements in the rules that affect child care providers are also in statute.
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