Wisconsin Legislature: Text

NOTICE IS HEREBY GIVEN that pursuant to s. 48.658 (4), Stats., the Department of Children and Families proposes to hold a public hearing to consider proposed rules relating the child care vehicle safety alarm.

Hearing Date and Location

Date: Wednesday, April 23, 2014
Time: 11:00 a.m.
Location: GEF 1 Building, Room H206
201 E. Washington Avenue
Madison, WI

Interested persons are invited to appear at the hearing and will be afforded the opportunity to make an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views, and suggested rewording in writing.

If you have special needs or circumstances regarding communication or accessibility at a hearing, please call (608) 267-9403 at least 10 days prior to the hearing date. Accommodations such as ASL interpreters, English translators, or materials in audio format will be made available on request to the fullest extent possible.

Place Where Comments are to be Submitted and Deadline for Submission

A copy of the rules is available at http://adminrules.wisconsin.gov. This site allows you to view documents associated with this rule's promulgation, register to receive email notification whenever the department posts new information about this rulemaking order, and submit comments and view comments by others during the public comment period. You may receive a paper copy of the rules or fiscal estimate by contacting:

Elaine Pridgen

Department of Children and Families

201 E. Washington Avenue

Madison, WI 53707

(608) 267-9403

dcfpublichearing@wisconsin.gov

Written comments on the rules received at the above address, email, or through the http://adminrules.wisconsin.gov website no later than April 24, 2014, will be given the same consideration as testimony presented at the hearing.

Analysis Prepared by the Department of Children and Families

Statutory authority

Section 48.658 (4), Stats.

Statutes interpreted

Section 48.658, Stats.

Related statute or rule

None.

Explanation of agency authority

Section 48.658, Stats., as created by 2009 Wisconsin Act 19, 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., 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 [the department in a county having a population of 500,000 or more,] a county department[, or an agency with which the department contracts 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.

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 person first inspects the vehicle to ensure that no child is left unattended in the vehicle. The child safety alarm shall be properly maintained and 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.

Agency Contact Person

For licensed child care:

Anne Carmody

Bureau of Early Care Regulation

anne.carmody@wisconsin.gov

(608) 267-9761

For certified child care:

Jolene Ibeling

Bureau of Early Care Regulation

jolene.ibeling@wisconsin.gov

Text of Rule

SECTION 1. DCF 202.04 (7) (b) 2. d. is amended to read:

DCF 202.04 (7) (b) 2. d. Conduct an on–site inspection of the premises where child care will be provided, including areas that will not be used for child care, before initial certification, recertification, or within 30 days following a child care operator's move to a new location. The inspection of the premises shall include an inspection of each vehicle that is required to have a child safety alarm under s. DCF 202.08 (9) (f) 1. or DCF 202.09 (12) (h) 1. to determine whether the child safety alarm is in good working order.

SECTION 2. DCF 202.08 (9) (f) is created to read:

DCF 202.08 (9) (f) 1. A vehicle is 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:

a. The vehicle is owned or leased by a child care operator or a contractor of a child care operator.

b. 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.

c. The vehicle is used to transport children in care.

2. No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle.

3. The child safety alarm is properly maintained and in good working order each time the vehicle is used for transporting children to or from a child care home.

Note: Information on the required vehicle safety alarm is available on the department's website at http://dcf.wisconsin.gov.

SECTION 3. DCF 202.09 (12) (h) is created to read:

DCF 202.09 (12) (h) 1. 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:

a. The vehicle is owned or leased by a child care operator or a contractor of a child care operator.

b. 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.

c. The vehicle is used to transport children in care.

2. No person may shut off a child safety alarm unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle.

3. The child safety alarm shall be properly maintained and in good working order each time the vehicle is used for transporting children to or from a certified school-age child care program.

Note: Information on the required vehicle safety alarm is available on the department's website at http://dcf.wisconsin.gov.

SECTION 4. DCF 250.08 (8) is created to read:

DCF 250.08 (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 person first inspects the vehicle to ensure that no child is left unattended in the vehicle.

(c) The child safety alarm shall be properly maintained and in good working order each time the vehicle is used for transporting children to or from a center.

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.

SECTION 5. DCF 250.12 (2) is renumbered DCF 250.12 (2) (a).

SECTION 6. DCF 250.12 (2) (b) is created to read:

DCF 250.12 (2) (b) At least once per year, the department shall inspect each vehicle that is required to have a child safety alarm under s. DCF 250.08 (8) (a) to determine whether the child safety alarm is in good working order.

SECTION 7. DCF 251.08 (8) is created to read:

DCF 251.08 (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: