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
(608) 267-9761
For certified child care:
Jolene Ibeling
Bureau of Early Care Regulation
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:
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 8. DCF 251.12 (2) is renumbered DCF 251.12 (2) (a).
SECTION 9. DCF 251.12 (2) (b) is created to read:
DCF 251.12 (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 251.08 (8) (a) to determine whether the child safety alarm is in good working order.
SECTION 10. DCF 252.06 is renumbered DCF 252.06 (2) (a).
SECTION 11. DCF 252.06 (2) (b) is created to read:
DCF 252.06 (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 252.09 (5) (a) to determine whether the child safety alarm is in good working order.
SECTION 12. DCF 252.09 (5) is created to read:
DCF 252.09 (5) 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 base camp.
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 13. EFFECTIVE DATE. This rule shall take effect the first day of the month following publication in the Administrative Register as provided in s.
227.22 (2) (intro.), Stats.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
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Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
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ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
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1. Type of Estimate and Analysis
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X Original ⍽
Updated ⍽ Corrected
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2. Administrative Rule Chapter, Title and Number
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DCF 202, Child Care Certification; DCF 250, Family Child Care Centers; DCF 251, Group Child Care Centers; and DCF 252, Day Camps for Children and Day Care Programs Established by School Boards.
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3. Subject
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Child Care Vehicle Safety Alarm
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4. Fund Sources Affected
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5. Chapter 20, Stats. Appropriations Affected
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⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
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6. Fiscal Effect of Implementing the Rule
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⍽ No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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X Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
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7. The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
X Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
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8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
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9. Policy Problem Addressed by the Rule
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Section 48.658 (4), Stats., directs the department to promulgate rules that include the requirement that the department, whenever it inspects a child care provider that is licensed under s. 48.65 (1) or established or contracted for under s. 120.13 (14), and a certification agency, 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 that is used to transport children to and from the child care provider to determine whether the child safety alarm is in good working order.
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10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
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Certification agencies, Wisconsin Child Care Administrators Association, Wisconsin Family Child Care Association, Wisconsin Early Childhood Association, Supporting Families Together Association, AFSCME, and Wisconsin Intertribal Child Care Association.
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11. Identify the local governmental units that participated in the development of this EIA.
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Waukesha County Health and Human Services
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12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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There is no economic or fiscal impact on child care providers. The child care vehicle safety alarm requirements in the rule are also in statute.
The rule affects the department and certification agencies. Section 48.658 (4), Stats., directs the department to promulgate rules that include the requirement that the department or certification agency inspect the child care vehicle of child care licensees and certified child care operators to determine whether the child safety alarm is in good order. The rules provide that the department shall inspect a child care vehicle of licensees at least once per year. Certification agencies shall inspect a child care vehicle before initial certification, recertification, or within 30 days following a child care operator's move to a new location.
The economic or fiscal effect of the rules on certification agencies and the department is the cost of the difference between the frequency that the rules require inspections of child care vehicles and the cost of less frequent inspections. Inspection of child care vehicles can be time-consuming if the vehicle is not on the child care premises when the department or certification agency is there for other reasons. The department's inspections of child care licensees are unannounced. Certification agencies do an unannounced inspection of certified child care operators at least once every 2 years and other inspections may be scheduled. The vehicle may not be present at the time of an inspection because the child care provider contracts with a third-party transportation company or the vehicle may be in use transporting children.
One certification agency commented.
Waukesha County Health and Human Service's certification program does not have a financial impact in doing inspections with monitoring the car alarms for this proposed rule. The certifiers have been checking this for the past few years as part of the routine transportation section for car alarms in DCF 202 standards. We check this at initial visits, re- certifications, and, if needed, during monitoring visits. Most of our providers have chosen to either not transport or use a car that has less than 6 passengers, so we do not have many providers transporting at this time.
Four group child care centers commented.
1. I do not see any issues. The alarm requirement is already effective. The rule clarifies what the licensing specialist expects.
2. I agree with the rule. All safeguards should be in place to ensure no harm comes to the children.
3. The cost is around $125 for each vehicle, which is not bad.
4. There was a cost to this requirement, especially because we have 3 vehicles. We are looking at the safety of our children and that is worth more than any amount of money. The alarm requirement should apply to any vehicle that carries groups of children.
Three family child care centers commented. In general, licensed family child care centers may not provide care to more than 8 children under the age of 7, and certified child care providers may not provide care for more than 3 unrelated children under the age of 7.
1. The alarm requirement should not apply to family child care centers. It is an unnecessary cost that I cannot afford. We already are required to have a system of counting to know how many and where children are at all times. A center that cannot handle that should not be caring for children. The alarm requirement is an unnecessary cost that I cannot afford. It has taken away the field trips that the children looked forward to. The alarm may be warranted for larger centers and centers with larger vehicles, but it is not warranted for family child care centers.
2. Field trips used to be a vital part of my child care program, but I ended the field trips and sold my van because of the alarm requirement. I could not figure out how to comply with the requirement and keep the children safe. I would have to unload the children and leave them unattended to enter the van and climb to the back to turn off the alarm.
3. The alarm requirement should be changed to apply only to passenger vehicles of 8 or more in addition to the driver instead of 6 or more. Child care programs are already facing hardship because of Youngstar and other Shares policies. School buses are not required to have a safety alarm.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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Section 48.658 (4), Stats., directs the department to promulgate the rule.
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14. Long Range Implications of Implementing the Rule
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None
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15. Compare With Approaches Being Used by Federal Government
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NA
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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None of the adjacent states have a child care vehicle safety alarm requirement.
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17. Contact Name
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18. Contact Phone Number
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Jill Chase
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(608) 267-7933
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This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
1—
(DNR # FH-34-13)
