Lawriter - OAC - 5101:2-12-14 Transportation and field trip safety for a licensed child care center.

5101:2-12-14 Transportation and field trip safety for a licensed child care center.

(A) What shall be available on all trips, including routine walking trips?

The center shall:

(1) Have written and signed permission from the parent before transporting or escorting a child away from the center for field trips and routine trips as detailed in appendix A to this rule. The permission slips shall be kept on file at the center for one year.

(2) Attach to each child on a routine or field trip, except children being transported only to and from school or to and from home, identification containing the center's name, address, and a telephone number to contact in the event the child becomes lost.

(3) Have a completed copy of the JFS 01234 "Child Enrollment and Health Information for Child Care" (rev. 12/2016) for each child on the trip, except routine walks.

(4) Have first aid supplies as required by rule 5101:2-12-16 of the Administrative Code.

(5) Have the completed JFS 01236 "Child Medical/Physical Care Plan for Child Care" (rev. 12/2016), for any child who has a health condition which could require special procedures or precautions during the course of the trip. The center shall also take supplies needed to provide such treatment.

(6) Have a working cellular phone or other means of immediate communication. Cellular phones shall not be used by a driver while the vehicle is in motion.

(7) Ensure that the child care staff member responsible for each child on the field trip maintains a written record of which vehicle each child is being transported in and the cellular phone number of the adult in that vehicle who could be contacted in an emergency.

(8) Ensure that a person trained in cardiopulmonary resuscitation (CPR), first aid and management of communicable disease in accordance with rule 5101:2-12-10 of the Administrative Code shall be present in the vehicle for routine trips and field trips and at the destination on all field trips. More than one person may be used to meet this requirement.

(9) Ensure that if the vehicle used to transport children is manufactured with seat belts, they shall be utilized by adults and children, no more than one person may be strapped in each seat belt. Children or adults shall not be permitted to stand in a moving vehicle, sit on the floor or ride in a vehicle where all seats are not securely anchored.

(10) Not leave children in the vehicle when it is being refueled except when a trip is of such a length as to require refueling after starting with a full tank.

(B) What are the ratio and supervision requirements for trips, including routine walking trips?

(1) The staff/child ratio requirements of rule 5101:2-12-18 of the Administrative Code shall be met on field trips and routine trips. Children shall be assigned to specific child care staff members for all field trips.

(2) Parents, guardians or adults authorized by the center may be drivers on field trips as long as staff/child ratio requirements are met at the destination.

(3) An additional adult shall be present in the vehicle whenever five or more children are being transported and one or more of the children are infants.

(4) An additional adult shall be present in the vehicle when there are seven or more children being transported and no infants are present.

(5) An additional adult shall be present in the vehicle for every ten school-age children, or the driver shall have a means of immediate communication, such as a cellular phone, to summon an additional adult whenever only school-age children are transported in one vehicle.

(6) The additional adult in the vehicle may be the driver, parent or volunteer.

(7) An adult must be present with the vehicle any time children are in the vehicle. At no time are children to be left unattended.

(8) The vehicle shall be checked at completion of each trip to ensure that no child has been left on the vehicle.

(9) During routine walking trips or walking field trips, an additional adult shall be present for every five infants or a combination of seven or more toddlers, preschool and school-age children or for every ten school-age children if the group of children on the walking trip includes only school-age children.

(10) While children are being transported to and from the center on routine trips from their homes or schools, the children shall not count in the center's capacity. All other requirements of Chapter 5101:2-12 of the Administrative Code still apply.

(C) What are the driver requirements for drivers who are used in the staff/child ratio or are child care staff members of the center?

The driver shall:

(1) Be at least eighteen years old.

(2) On routine trips, be an employee or child care staff member with the exception of contracted transportation services.

(3) Hold a currently valid driver's license required for the type of vehicle driven in accordance with Ohio law.

(a) A copy of each driver's current driver's license shall be kept on file at the center.

(b) The center is responsible for assuring that the copy of the driver's license on file is kept current.

(4) Never leave children alone in a vehicle.

(5) Be free from the influence of any substance which could impair driving abilities.

(6) Meet the requirements of an employee or child care staff member as required in rule 5101:2-12-08 of the Administrative Code.

(7) Adhere to the state of Ohio's child restraint law found in section 4511.81 of the Revised Code when transporting children in care.

(8) Not allow children under twelve years of age to ride in the front seat of any vehicle.

(9) For drivers who are not used in the staff/child ratios and who are not employees of the center, the administrator shall secure and keep on file at the center a JFS 01266 "Contracted Driver Qualifications Statement for Child Care" (rev. 12/2016) that has been completed at least annually by the driver's employer.

(10) See that each child safely boards and exits the vehicle from the curb side of the street whenever physically possible and out of the path of moving vehicles. Drop off or pick up at which it is not possible to board and exit from the curb side must be conducted in a safe manner and with close supervision by the child care staff member responsible for the children.

(11) Be trained utilizing the Ohio department of job and family services (ODJFS) driver training if the driver is an employee of the center.

(a) A trained child care staff member is not required in the vehicle on field trips when parents are providing the transportation.

(b) A trained child care staff member is not required when public transportation is being utilized, if the school district is providing transportation to or from the center or if the driver is a contracted driver.

(12) Practice the emergency exiting procedures, if the driver is required to complete the driver transportation training requirement pursuant to paragraph (C)(11) of this rule.

(a) The emergency exiting procedures shall be practiced with the children on a monthly basis.

(b) This practice shall occur during months that the vehicle is used for transporting children and shall take place on the center's premises or another safe location that is protected from traffic and other hazards to assure the safety of the children involved.

(c) A written record shall be kept of the dates when the emergency exiting procedure was practiced and the staff that were involved.

(13) Parents, who are not employed by the center, who use their vehicles for transportation to occasional field trips shall not have to meet the requirements of paragraphs (C)(2), (C)(6), and (C)(9) of this rule. For the purposes of this rule, "occasional" means three or fewer times per calendar year.

(14) Training for transportation shall be completed at least annually for all drivers and shall be documented and kept on file at the center in the employee's or child care staff member's file for review by the ODJFS.

(D) What are the vehicle requirements for the center?

(1) Any vehicle operated by the center or driven by the child care staff member to transport children for routine trips or field trips shall be mechanically safe at all times.

(2) Requirements for center vehicles used for transportation of children are listed in appendix B to this rule.

(3) School buses and multifunction school activity buses are not required to complete the inspections of paragraph (F) of this rule. They shall prepare the buses before each trip following the Ohio department of education's operational and safety rules of Chapter 3301-83 of the Administrative Code.

(4) The personal vehicles driven by parents who are not employed by the center are not required to meet the requirements of paragraph (E)(2) of this rule.

(E) When shall vehicles used for transporting children be inspected?

(1) The center shall maintain documentation that staff have performed weekly inspections followed by any necessary repairs or other appropriate actions, for the following items:

(a) A visual inspection of the vehicle's tires for wear and adequate pressure.

(b) A visual inspection for working headlights and taillights, signals, mirrors, wiper blades and dash gauges.

(c) An inspection for properly functioning child and driver restraints.

(d) An inspection for properly functioning doors and windows.

(e) An inspection for, and cleaning of, debris from the vehicle's interior.

(2) The center shall require providers of transportation services to maintain documentation that the transportation services staff have performed the same weekly inspections and necessary repairs or other appropriate actions required by paragraph (E)(1) of this rule.

(F) What are the requirements for the vehicle safety inspection?

(1) The safety check shall be completed and approved annually prior to the use of any vehicle for transporting children, except that a new vehicle purchased directly from the dealer shall have the safety check completed before one year from the date of purchase. The bill of sale from the vehicle purchase must be maintained on file at the center to verify compliance.

(2) Verification of the safety check shall be documented on the JFS 01230 "Vehicle Inspection Report for Child Care" (rev. 12/2016). This verification shall include notation and correction of any safety violation and shall be maintained on file at the center for review by the ODJFS.

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Cite as Ohio Admin. Code 5101:2-12-14

Effective: 10/29/2017
Five Year Review (FYR) Dates: 12/31/2021
Promulgated Under: 119.03
Statutory Authority: 5104.015
Rule Amplifies: 5104.015
Prior Effective Dates: 3/1/81, 2/8/82 (Emer.), 9/1/86, 1/1/90, 1/2/92 (Emer.), 4/1/92, 4/1/03, 9/1/05, 1/1/07, 7/1/10, 9/29/11, 11/22/15, 12/31/16