Section 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.(c) The name, address, and telephone number of the child's health care provider.(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.(c) For transportation to or from a child's home or school, the transportation route and scheduled stops.(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.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.(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. 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.
(b) Children may not be left unattended in a vehicle.(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.(d) The licensee shall develop and implement a procedure to ensure that all children exit the vehicle after being transported to a destination.(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.(8) CHILD CARE VEHICLE SAFETY ALARM. (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: 1. The vehicle is owned or leased by a licensee or a contractor of a licensee.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.3. The vehicle is used to transport children in care.(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.(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.Wis. Admin. Code Department of Children and Families DCF 252.09
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.Amended by, CR 14-028: cr. (5) Register July 2016 No. 727, eff.8/1/2016Amended by, 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, eff. 4/1/2020Amended by, correction in (6) (a), (b) 1., 2. made under s. 35.17, Stats., Register February 2023 No. 806, eff. 3/1/2023Amended by, correction in (4) (c) 3. made under s. 35.17, Stats., Register January 2024 No. 817, eff. 2/1/2024Information 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.