Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Certification Policy Manual
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.
A provider may not alter the vehicle (i.e. take seats out) to reduce capacity.
Parent volunteers using their own vehicles are not required to have an alarm.
Employees/staff/licensees using their own vehicles during the hours of operation are required to have alarms, if their vehicle seats more than 6 passengers in addition to the driver.
Just like a provider’s vehicle, contracted services/vehicles are also required to have the alarms. If a certified program uses a school bus for a field trip, for example, the provider should request a bus that has the alarm.
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:
Alarm present but is broken/not working properly or has been disabled and/or tampered with but no transportation was provided. This may be a violation if/when the certification worker asks for the alarm to be tested and there is no evidence, observation or admission that children were transported in the vehicle without an operational alarm.
Alarm present but is broken/not working properly or has been disabled and/or tampered with and transportation is being provided. This may be a violation if/when the certification worker asks for the alarm to be tested and there is evidence, observation or admission that children were transported in the vehicle without an operational alarm.
No alarm present and transportation is being provided. When a vehicle requiring a safety alarm is not equipped with the required alarm and there is observation, evidence or admission of transporting children in the vehicle without an alarm installed.
Deliberately not using or disabling the alarm and transportation is being provided – no harm to child. When there is observation, evidence or admission that an individual has circumvented using a required safety alarm (i.e., no person may shut off a child safety alarm that is installed in a child care vehicle unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle) but no child was harmed or left unattended in the vehicle.
Deliberately not using or disabling the alarm and transportation is being provided – a child was harmed. When there is observation, evidence or admission that an individual has circumvented using a required safety alarm (i.e., no person may shut off a child safety alarm that is installed in a child care vehicle unless the person first inspects the vehicle to ensure that no child is left unattended in the vehicle) and a child was harmed or left unattended.
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).
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.