Wisconsin Department of Children and Families - Division of Early Care and Education

Bureau of Early Care Regulation

Child Care Certification Policy Manual

 

 

    

28.1 - Vehicle Alarm

DCF 202 and s. 48.658 requires a child care center/operator to install a child safety alarm in vehicles with a seating capacity of 6 or more passengers, plus the driver, when the vehicle is used to transport children to and from the child care program/facility. Under the law, any person or child care provider who knowingly transports children in a vehicle without an operational alarm can face additional penalties that carry up to a year in jail and $1,000 in fines. Individuals who turn off the alarm without checking the vehicle can be charged with a Class I felony punishable by up to 3.5 years in prison and $10,000 in fines.

 

The definition of “child care vehicle” is in statute, s. 48.658(1)(b) and covers vehicles with 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 is used to transport children to and from the child care provider.

 

 

The child safety alarm is a system that prompts the driver of a child care vehicle to inspect the vehicle for children before exiting the vehicle. If the seating capacity of the vehicle requires an alarm, the vehicle shall have the alarm installed/in working order prior to transporting children. The law requires the operator/provider to ensure that the alarm is properly maintained and in good working order. It is recommended (but not required) that certified operators test their safety alarm monthly.

 

The law and DCF 202.04(3)(b)12.a requires a certification worker to inspect a child vehicle safety alarm, at least annually, to determine whether the child safety alarm is in good working order as required under s. DCF 202.08(9)(p) to (s). DCF 202.08(9)(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.

 

If an operator is initially approved for transportation services using a vehicle that does not require an alarm, but later purchases a vehicle requiring an alarm, the certification agency may develop its own policies and procedures related to verification of compliance. Upon learning of the new vehicle, the agency could allow proof of purchase/installation to verify compliance and then test the alarm at the next monitoring visit to ensure it is being used and works properly. Another agencies may choose to require an inspection prior to approval. Keep in mind a more restrictive procedure may interrupt transportation services if a site visit to monitor for installation of a new alarm can’t conducted promptly. It is acceptable to assume compliance by an operator until an observation or other evidence suggest a violation.

 

Examples of child safety alarm violations might include:

 

 

“Child Safety Alarms – Beyond the Buckle”:

Child Safety Alarms - Beyond the Buckle provides additional information regarding the law and provides some guidance on the types of systems that meet or do not meet the intent of the law. Please note: New vehicle alarm systems are being developed and the ones shown in the PowerPoint are examples of what to look for. DCF can not endorse a specific product and it is the child care operator’s responsibility to determine which child safety alarm best meets their needs.

 

Functionality in WISCCRS allows certification workers to document when transportation is provided and when vehicle alarm inspected (if required).

 

WISCCRS Screenshot indicating New Transportation

 

COVID-19 Update

See Module 7 - Monitoring, Section 1 - Overview for updated COVID-19 guidance.

 

Certification workers may consider alternative methods for inspecting vehicle child safety alarms to ensure they are in good working order. DCF 202.04(3)(b)12.a requires a certification worker to inspect a child vehicle safety alarm, at least annually, to determine whether the child safety alarm is in good working order as required under s. DCF 202.08(9)(p) to (s).

 

 

 

This page last updated 02/2021.