Section 5-A158. REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY TRANSPORTING CHILDREN

 

158.1 A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall comply with all applicable federal and District of Columbia laws and regulations governing the maintenance and operation of motor vehicles and the transportation of children.

 

158.2 A Licensee that enters into contracts with other entities for the provision of transportation services shall obtain a signed attestation from the entity that the transportation service complies with the requirements of this section and with all other applicable laws and regulations pertaining to the provision of transportation services.

 

158.3 A Licensee shall establish and implement policies and procedures intended to ensure the safe transportation of children, including background checks, and policies and procedures for the training and monitoring of any person responsible for the transportation of enrolled children.

 

158.4 A Licensee transportation policies and procedures shall address alternative transportation means to be employed if the Facility’s primary vehicle breaks down or is otherwise unavailable for use.

 

158.5 Before any child may be transported while under the care of a Facility, the Licensee shall obtain signed permission from the child’s parent(s) or guardian(s).

 

158.6 A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall label the exterior of each such vehicle, with the Facility’s licensed name and phone number.

 

158.7 A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall maintain proof of current motor vehicle insurance coverage for each such vehicle, both at the Facility premises and inside the vehicle.

 

158.8 A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall ensure that only licensed drivers who are covered by the Facility’s insurance policy operate any such vehicle when transporting enrolled children.

 

158.9 A Licensee shall immediately notify OSSE of any traffic accident involving children being transported while under the care of the Facility.  A Licensee shall also submit a written report to OSSE in accordance with Section 128 (Reporting Unusual Incidents), on a form approved by OSSE, within twenty-four (24) hours of the accident, and shall include a copy of the police report regarding the accident, if available. 

 

158.10 A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall ensure that each such vehicle is maintained in a clean and mechanically safe condition, as verified by a current inspection sticker from the District of Columbia Department of Motor Vehicles or the equivalent agency in another state and by the Facility’s own maintenance records.

 

158.11 A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall maintain an inspection log and service and repair records for each such vehicle on file for at least twelve (12) months from the date of each inspection, service visit, or repair.  A person or parent entity that operates multiple licensed Facilities may maintain all such records at a single administrative office, provided that the records are made available to OSSE upon request.

 

158.12 A Licensee shall ensure that no staff member who has been convicted in any jurisdiction of Driving While Intoxicated (DWI), Driving under the Influence of Alcohol or Drugs (DUI), or an equivalent offense within the previous three (3) years, transports any enrolled children by motor vehicle, to or from the Facility.  A Licensee shall also prohibit any other person, including a parent, guardian, or volunteer, who has been convicted of a DWI, DUI, or an equivalent offense within the previous three (3) years, from transporting any children (other than their own) who are enrolled at the Facility, by motor vehicle, to or from the Facility, and shall advise all parents, guardians, and volunteers of this policy in writing.

 

158.13 If the primary driver identified by a Facility becomes unavailable, the Licensee shall identify and utilize a substitute driver who meets the requirements of this section.

 

158.14 A Licensee shall ensure that no driver engages in distracting activities including, but not limited to, smoking, drinking, eating, listening to music, texting, talking on the phone, and using of any other portable devices, while transporting enrolled children.

 

158.15 A Licensee shall ensure that each child transported in a motor vehicle while under the care of the Facility is properly restrained in an approved child safety restraint system or a seat belt, as required by applicable District of Columbia laws and regulations.

 

158.16 A Licensee shall ensure that no child, staff member, or volunteer stands or sits on the floor of a vehicle while the vehicle is in motion, and that no child is held on another person’s lap while the vehicle is in motion.

 

158.17 A Licensee shall ensure that all vehicle doors remain locked at all times, except when staff, volunteers, the driver, or children are boarding or departing the vehicle.

 

158.18 A Licensee shall ensure that no child is left unattended in a vehicle at any time, regardless of conditions.

 

158.19 A Licensee shall maintain a safe vehicle loading and unloading area for children on or adjacent to the Facility’s premises.

 

158.20 A Licensee shall ensure that identification is securely attached to each child participating on a field trip and that the identification contains the Facility’s licensed name, address, telephone number, and, if applicable, any emergency contact telephone number.

 

158.21 A Licensee shall ensure that the following items are present in each vehicle when transporting children on field trips or other routine trips:

 

(a) A transportable first aid kit;

 

(b) A working and regularly serviced fire extinguisher;

 

(c) A supply of drinking water sufficient for the duration of the trip for all children in the vehicle;

 

(d) A minimum of two (2) large clean towels or blankets;

 

(e) Emergency contact information and telephone numbers for each  parent(s) or guardian(s) of each child in the vehicle;

 

(f) A copy of the signed Emergency Medical Treatment Authorization form, as required by Subsection 130.2(j) of this chapter, for each child in the vehicle;

 

(g) A cellular phone or a two-way radio;

 

(h) A working flashlight; and

 

(i) If children are being transported in a bus, van, or other large vehicle, a footstool or equivalent aid sufficient to enable all children to safely board and disembark from the vehicle.

 

158.22 A Licensee shall ensure that at least one staff member trained and currently certified in First Aid and CPR for children is present in each vehicle when children are being transported.

 

158.23 When a child with special needs is being transported in a wheelchair while under the care of a Facility, the Licensee shall comply with the following additional safety requirements:

 

(a) The vehicle shall be equipped with a working wheelchair lift;

 

(b) The child’s wheelchair shall be secured in the motor vehicle, using a minimum of four (4) anchorages attached to the floor of the vehicle, and four (4) securing devices, such as straps or webbing that have buckles and fasteners, which attach the wheelchair to the anchorages;

 

(c) The child shall be secured in the wheelchair by means of a wheelchair restraint that contains a combination of pelvic and upper body belts; and

 

(d) The child’s wheelchair shall be placed in a position in the vehicle that neither prevents access to the child nor passage to the front and rear of the motor vehicle.

 

158.24 A Licensee providing transportation services shall ensure that children who receive such services are taught, in a manner appropriate to the children’s developmental level:

 

(a) Safe riding practices;

 

(b) Safety procedures in crossing the street; and

 

(c) Recognition of the danger zones around the vehicle.

 

158.25 Any driver who transports children for a Licensee shall keep instructions for the quickest route to the nearest emergency medical Facility from all points on the planned route in the vehicle.

 

 

authority

Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).