Skip Ribbon Commands
Skip to main content
Safety Recommendation Details

Safety Recommendation H-04-011
Details
Synopsis: On April 4, 2002, about 8:19 a.m., a 15-passenger Ford E-350 van, driven by a 27-year-old driver and transporting six children to school, was southbound in the left lane of Interstate 240 in Memphis, Tennessee. The van was owned and operated by Tippy Toes Learning Academy (Tippy Toes), a private child care center. A witness driving behind the van stated that the vehicle was traveling about 65 mph when it drifted from the left lane, across two other lanes, and off the right side of the roadway. She said that she did not see any brake lights. The van then overrode the guardrail and continued to travel along the dirt and grass embankment until the front of the van collided with the back of the guardrail and a light pole. The rear of the van rotated counterclockwise and the front and right side of the van struck the bridge abutment at the Person Avenue overpass before coming to rest. The driver was ejected through the windshield and sustained fatal injuries. Four of the children sustained fatal injuries, and two were seriously injured.
Recommendation: TO THE STATES AND THE DISTRICT OF COLUMBIA CHILD CARE TRANSPORTATION OVERSIGHT AGENCIES: Implement an oversight program for child care transportation that includes the following elements: A requirement that drivers receive a criminal background check and have a medical examination to determine fitness to drive.
Original recommendation transmittal letter: PDF
Overall Status: Open - Unacceptable Response
Mode: Highway
Location: Memphis, TN, United States
Is Reiterated: No
Is Hazmat: No
Is NPRM: No
Accident #: hwy02MH015
Accident Reports: 15-Passenger Child Care Van Run-Off-Road Accident
Report #: HAR-04-02
Accident Date: 4/4/2002
Issue Date: 4/21/2004
Date Closed:
Addressee(s) and Addressee Status: Commonwealth of Kentucky, Office of Inspector General (Open - Unacceptable Response)
Commonwealth of Massachusetts, Office of Child Care Services (Open - Unacceptable Response)
Commonwealth of Pennsylvania, Department of Public Welfare (Closed - Acceptable Action)
Commonwealth of Virginia, Department of Social Services (Open - Unacceptable Response)
District of Columbia, Department of Health (Open - Unacceptable Response)
State of Alabama, Department of Human Resources (Closed - Acceptable Alternate Action)
State of Alaska, Department of Health and Social Services (Open - Unacceptable Response)
State of Arizona, Department of Health Services (Open - Unacceptable Response)
State of Arkansas, Department of Human Services (Open - Unacceptable Response)
State of California, Department of Social Services (Closed - Reconsidered)
State of Colorado, Department of Human Services (Open - Acceptable Response)
State of Connecticut, Department of Public Health (Open - Acceptable Response)
State of Delaware, Department of Services for Children, Youth and Families (Open - Unacceptable Response)
State of Florida, Department of Children and Families (Closed - Reconsidered)
State of Georgia, Department of Human Resources (Open - Unacceptable Response)
State of Hawaii, Department of Human Services (Closed - Reconsidered)
State of Idaho, Department of Health and Welfare (Open - Unacceptable Response)
State of Illinois, Department of Human Services (Open - Acceptable Response)
State of Indiana, Family and Social Services Administration (Open - Unacceptable Response)
State of Iowa, Department of Human Services (Closed - Reconsidered)
State of Kansas, Department of Health and Environment (Open - Acceptable Response)
State of Louisiana, Department of Social Services (Open - Unacceptable Response)
State of Maine, Department of Health and Human Services (Closed - Unacceptable Action)
State of Maryland, Department of Human Resources (Open - Unacceptable Response)
State of Michigan, Family Independence Agency (Open - Acceptable Response)
State of Minnesota, Department of Human Services (Open - Unacceptable Response)
State of Mississippi, Department of Health (Open - Unacceptable Response)
State of Missouri, Department of Health and Senior Services (Open - Acceptable Response)
State of Montana, Department of Public Health and Human Services (Open - Unacceptable Response)
State of Nebraska, Department of Health and Human Services (Open - Unacceptable Response)
State of Nevada, Department of Human Resources (Open - Unacceptable Response)
State of New Hampshire, Department of Health and Human Services (Open - Acceptable Response)
State of New Jersey, Department of Human Services (Closed - Reconsidered)
State of New Mexico, Department of Children, Youth, and Families (Open - Unacceptable Response)
State of New York, Department of Family Assistance (Closed - Unacceptable Action)
State of North Carolina, Department of Health and Human Services (Open - Unacceptable Response)
State of North Dakota, Department of Human Services (Closed - Unacceptable Action)
State of Ohio, Department of Job and Family Services (Closed - Acceptable Action)
State of Oklahoma, Department of Human Services (Open - Unacceptable Response)
State of Oregon, Employment Department (Open - Unacceptable Response)
State of Rhode Island, Department of Children, Youth and Families (Open - Acceptable Response)
State of South Carolina, Department of Social Services (Open - Acceptable Response)
State of South Dakota, Department of Social Services (Open - Unacceptable Response)
State of Tennessee, Department of Human Services (Closed - Reconsidered)
State of Texas, Department of Family and Protective Services (Open - Unacceptable Response)
State of Utah, Department of Health (Open - Unacceptable Response)
State of Vermont, Human Services Agency (Open - Unacceptable Response)
State of Washington, Department of Social and Health Services (Open - Unacceptable Response)
State of West Virginia, Department of Health and Human Services (Closed - Reconsidered)
State of Wisconsin, Department of Health and Family Services (Open - Acceptable Response)
State of Wyoming, Department of Family Services (Open - Unacceptable Response)
Keyword(s):

Safety Recommendation History
From: NTSB
To: State of Mississippi, Department of Health
Date: 9/4/2014
Response: Has Mississippi taken action to apply its CPS law to all child care vehicles? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Mississippi, Department of Health
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Mississippi, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Mississippi requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers. Mississippi recommends medical evaluations in guidelines provided to all child care centers.

From: NTSB
To: State of Mississippi, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Mississippi requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers. Mississippi recommends medical evaluations in guidelines provided to all child care centers.

From: NTSB
To: State of Mississippi, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060371According to MC 2060371, Mississippi requires all child care center employees to be fingerprinted and undergo an FBI criminal records check, Mississippi Department of Public Safety (MDPS) criminal records check, MDPS sex offender registry check, and Department of Human Services Child Abuse/Neglect Central Registry check. Background checks are required every 5 years. According to information received subsequent to Mississippi's annual letter, Mississippi does not require medical evaluations, but does recommend such evaluations in guidelines provided to all child care centers. ) to our 6/2/2006 request for an update, which indicated that:

From: State of Mississippi, Department of Health
To: NTSB
Date: 7/28/2006
Response: Letter Mail Controlled 8/4/2006 2:07:19 PM MC# 2060371: We require that all employees of licensed child care facilities must be fingerprinted and have an FBI criminal records check, MDPS criminal records check. MDPS sex offender registry check and MS Department of Human Services Child Abuserneglect Central Registry Check. Further, no individual may be left alone with children, even when transporting them in a vehicle, if they do not have the required checks. There must be at least one person in the vehicle transporting the children that have the required checks. Authority: Mr. Festus Simkins. Interim Director, Child Care Facilities Licensure, Mississippi Department of Health. If you have questions or concerns, please call Mr. Simkins at (601) 576-7613.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 9/4/2014
Response: Has Texas taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Texas requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Texas requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers. Texas' legislature did not meet in 2006. According to MC 2070433, Texas did not pass applicable legislation in 2007.

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 8/23/2007
Response: Letter Mail Controlled 8/24/2007 2:47:42 PM MC# 2070433: No legislation passed this season addressing this recommendation.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060328, 2060227) to our 6/2/2006 request for an update, which indicated that: Texas requires criminal background checks for any individual older than age 14 who will regularly or frequently be present at child care centers while children are in care. Staff has been unable to determine whether Texas requires medical evaluations for child care center drivers or whether Texas considered applicable legislation or regulations in 2005 or 2006.

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 7/10/2006
Response: Letter Mail Controlled 7/11/2006 1:33:30 PM MC# 2060328: Nothing additional to add at this time.

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 4/25/2006
Response: Letter Mail Controlled 5/8/2006 11:19:31 AM MC# 2060227: Thank you for your follow-up letter dated March 30, 2006, regarding the regulation of transportation in Texas child-care centers. Carey Cockerell asked that I respond to your request for information. As the agency responsible for protecting the health, safety, and well-being of children who attend or reside in regulated child day care and 24-hour residential child-care operations and homes, we continue to look at ways to incorporate your safety recommendations, while keeping our child-care regulations in line with other Texas laws and public opinion. In response to your request, I would like to update you on actions DFPS has taken related to your transportation safety recommendations. Minimum standard rules, regarding the use of child safety seats and booster seats, are currently pending the rule approval process; Rules regarding drug testing have recently been implemented for 24-hour residential child-care employees, and include pre-employment and random unannounced testiqg, as well as testing for good cause; Licensed child-care centers have been required to have the center name, director or permit holder's name, and center's telephone number in the glove compartment or clearly visible inside the passenger compartment or on the outside of the vehicle, since 2003; and We have conducted background and criminal history checks on all persons who are regularly and frequently present at a child-care operation since 1997. In addition, our agency is currently conducting a public information campaign entitled "Look Before You Leave-Cars are not babysitters". This campaign, launched in the summer of 2004, incorporates multi-media exposure across the state and features a set of printed promotional materials. These promotional materials are available on our agency website at: http://www.dfps.state.tx.us/lookbeforeyouIeave/main.asp or www.lookbeforeyouleave.org. Our campaign has helped to raise public awareness regarding the risks of leaving children in unattended vehicles and has helped reduce the total number of heat-related child deaths in Texas.

From: NTSB
To: State of Texas, Department of Family and Protective Services
Date: 3/30/2006
Response: The Safety Board notes that you did not address Safety Recommendations H-04-11 through -14 in your letter. A review of Texas's licensing regulations for child care centers found that Texas Administrative Code, Title 40, Chapter 745, Subchapter F §745.615 requires criminal background checks for each person older than 14 years who will regularly or frequently be present at a child care center while children are in care. Safety Board staff was not able to verify whether State of Texas child care regulations require medical examinations for transportation providers, drug testing, or vehicle labeling as recommended. The Board would like to know whether the State has in place the requirements recommended in Safety Recommendations H-04-11 through -14. The Board would also like to know whether the State plans to revise child care licensing regulations to address these recommendations. Pending receipt of information regarding medical examinations, drug testing and vehicle labeling as recommended, Safety Recommendations H-04-11 through -14 are classified "Open-Unacceptable Response."

From: State of Texas, Department of Family and Protective Services
To: NTSB
Date: 5/27/2004
Response: Letter Mail Controlled 6/10/2004 2:00:03 PM MC# 2040302 Thomas Chapmond asked that I respond to your letter dated April 21, 2004 regarding the Safety Board's recommendations for child-care transportation. Your letter was very informative and we too are concerned about the safe transportation of children. The child-care licensing division is charged with protecting approximately 800,000 children in out-of-home care in Texas by establishing minimum standards for their safety and protection. Minimum standards for child day care were revised in 2002 and became effective September 1, 2003. During the revision process, we updated and strengthened regulations regarding transportation and captured many of your suggestions at that time. I have enclosed a copy of these regulations for your review. Although these regulations prescribe the minimum safety expectations for child-care centers that transport children, at this time, they are in line with other Texas laws regarding transportation and they reflect public opinion. We also utilize technical assistance provided by our licensing staff, media campaigns, provider training, and best practices included in our publication as opportunities to educate permit holders and parents on issues that impact children's health and safety. We agree that safe transportation is an important issue and we will continue to look at ways to incorporate your safety recommendations.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 9/4/2014
Response: Has Montana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Montana requires initial, not recurring, criminal background checks, and does not require any medical evaluations, for child care center drivers. Montana reports that drivers that receive commercial drivers licenses in Montana must have medical checks; however, criminal background checks are not required; the State requires initial and recurring criminal background checks for childcare drivers. Montana does not plan to consider applicable legislation in 2009.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Montana requires initial, not recurring, criminal background checks, and does not require any medical evaluations, for child care center drivers. Montana does not require a medical evaluation unless deemed necessary, but child care center drivers are required to provide an annual statement of health.

From: NTSB
To: State of Montana, Department of Public Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060355) to our 6/2/2006 request for an update, which indicated that: According to MC 2060355, Montana requires any person working for a child care center to have a criminal and DMV check. Montana does not require a medical evaluation unless deemed necessary, but child care center drivers are required to provide an annual statement of health.

From: State of Montana, Department of Public Health and Human Services
To: NTSB
Date: 7/11/2006
Response: Letter Mail Controlled 7/24/2006 11:50:59 AM MC# 2060355: Montana requires any person worklng for child care centers including drivers to have criminal and DMV checks. A medical check is not requircd unless deemed necessary. Drivers are required to provide an annual statcment of health.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 2/26/2015
Response: We are disappointed that, although you require a recurring criminal background check for drivers for child care centers, you have not required those drivers to undergo a medical examination to ensure their fitness. Because you have no plans to do so, Safety Recommendation H-04-11 is classified CLOSED—UNACCEPTABLE ACTION.

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 10/9/2014
Response: -From Lauren V. Stewart, Director, Maine Department of Public Safety, Bureau of Highway Safety: Maine does require a background check, but not a medical evaluation to be able to drive a child care center vehicle. No action is being taken to require an M.E.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 9/4/2014
Response: Has Maine taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Maine requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Maine requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060335) to our 6/2/2006 request for an update, which indicated that: Maine requires child care centers to keep personnel records that contain a criminal history report, annual motor vehicle license checks for employees who transport children, and documentation of disciplinary action for all employees. In addition, employees authorized by the center to transport children must be properly licensed to operate the class of vehicle used and must complete an approved children's transportation program. Maine, however, does not require medical evaluations for child care center drivers.

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/17/2006 1:18:16 PM MC# 2060335: No new information reported.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 1/31/2005
Response: The Safety Board notes that Maine requires child care facilities to keep personnel records that contain a criminal history report, annual motor vehicle license checks for persons employed to transport children, and documentation of disciplinary action for all employees. The Board also notes that any person authorized by a facility to transport children must be properly licensed to operate the class of vehicle used and must complete an approved children's transportation training program. Your letter indicates, however, that Maine does not require medical examinations for drivers who transport children. In the Memphis, Tennessee, accident the Board found that the driver of the accident van used marijuana, including the morning of the accident; that the driver fell asleep, likely due to an undiagnosed sleep disorder; and that he was unable to maintain control of the vehicle, all of which played a role in the accident. A medical examination might have revealed the driver's marijuana use and/or his sleep apnea. We would like to know whether there are plans to require medical examinations for drivers responsible for child care transportation. Pending receipt and review of further information, Safety Recommendation H-04-11 is classified "Open--Acceptable Response."

From: State of Maine, Department of Health and Human Services
To: NTSB
Date: 6/2/2004
Response: Letter Mail Controlled 6/9/2004 10:29:59 AM MC# 2040289 The Rules for the Licensing of Child Care Facilities were revised effective November 12, 2002. They will be reviewed again within the next three years. The recommendations of the National Transportation Safety Board will guide the revision of the sections related to child care transportation oversight.

From: State of South Carolina, Department of Social Services
To: NTSB
Date: 12/2/2014
Response: -From Leroy Smith, Director, South Carolina Department of Public Safety: Implement an oversight program for child care center transportation that includes the following elements: A requirement that drivers receive a criminal background check and have a medical examination to determine fitness to drive. NTSB Response/Question: South Carolina requires initial, not recurring, criminal background checks and medical evaluation for child care center drivers. Has South Carolina taken action to require recurring criminal background checks and medical evaluations? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action." Status: No legislation was filed in the 2013-2014 session of the South Carolina General Assembly which addressed this issue. SCDPS and the SC Department of Social Services are not aware of any legislative effort to file a bill concerning these matters in the session commencing in January 2015. (Source: Leigh Bolick, Director, Division of Early Care and Education, South Carolina Department of Social Services, October 10, 2014).

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 9/4/2014
Response: Has South Carolina taken action to require recurring criminal background checks and medical evaluations? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: South Carolina requires initial, not recurring, criminal background checks and medical evaluations for child care center drivers.

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: South Carolina requires initial, not recurring, criminal background checks and medical evaluations for child care center drivers.

From: NTSB
To: State of South Carolina, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060311) to our 6/2/2006 request for an update, which indicated that: According to MC 2060311, South Carolina requires child care center drivers to undergo both a criminal background check and medical evaluation. Attempts to confirm whether these are recurring qualifications were unsuccessful.

From: State of South Carolina, Department of Social Services
To: NTSB
Date: 6/27/2006
Response: Letter Mail Controlled 7/5/2006 11:08:50 AM MC# 2060311: H.B. 213 which is currently pending before the General Assembly requires a BCll & FBI check at the time an employee is hired and once every four years thereafter.

From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 4/1/2005
Response: The Safety Board notes that West Virginia's child care center licensing requirement, §78-l-8, mandates a criminal background check on each staff member. The Board further notes that §78-1-8.8.5.f mandates that prior to employment a licensed health care provider must complete a health history and physical examination on the prospective employee and that health assessments be updated every 2 years for employed staff. Accordingly, Safety Recommendation H-04-11 is classified "Closed--Reconsidered," as this requirement was in place before the recommendation was issued.

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 5/21/2004
Response: Letter Mail Controlled 6/1/2004 2:51:53 PM MC# 2040258 The following child care center licensing requirements ensure a criminal background check is conducted on each staff member: §78-l-8. Staffing 8.4.c. Other than the exceptions cited in Subdivision 8.4.d. of this Subsection, a center shall ensure that each staff member has a criminal background investigation check submitted through the West Virginia Department of Military Affairs and Public Safety, Criminal Identification Bureau (CIB), and an authorized agency in a previous state of residence, if applicable, and shall keep the following information on file: 8.4.c.l. A completed, signed and witnessed Statement of Criminal Record; 8.4.c.2. A CIB records check, except as described in this section; and 8.4.c.3. A report of a Federal Bureau of Investigation (FBI) records check, for any staff member who has lived outside West Virginia for more than one (1) year since turning eighteen (18) years of age... The following child care center licensing requirements ensure a health assessment is conducted on each staff member: §5 78-1-8. Staffing 8.5.f.1. Prior to employing staff, a center shall have on file a recent health assessment signed by a licensed health care provider that includes: 8.5.f.1. A health history; 8.5.f.2. A physical examination; 8.5.f.3. A statement that the prospective staff member is physically and emotionally capable of caring for children; and . 8.5.g. For staff currently employed, a center shall keep on file a healthassessment that is updated every two (2) years.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 9/4/2014
Response: Has New Hampshire taken action to require recurring criminal background checks and medical evaluations? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed—Unacceptable Action."

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 7/6/2010
Response: Please advise what action New Hampshire has taken to require recurring background checks and medical evaluations.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New Hampshire requires criminal background checks and medical evaluations for all child care center staff. It would be extremely unusual for a child care center to hire a person whose sole responsibility is transportation. However, New Hampshire will consider the advisability of amending regulations to cover any possible loophole where a person who is not considered "child care center staff" transports children. New Hampshire has not confirmed whether these background checks and medical evaluations are recurring.

From: State of New Hampshire, Department of Health and Human Services
To: NTSB
Date: 6/27/2008
Response: MC# 2080404: Criminal background checks and medical examinations are required for all child care staff. If a person has contact with children more than one hour a day or five hours a week they are required to have a criminal background check and a medical examination. It would be extremely Imusual for a program to hire a person whose sole responsibility is transportation. Typically, transportation is provided by child care staff, who are required to have medical exams and criminal background checks. There is currently no proposal to extend this, however, the Department of Safety will be discussing with DHHS the advisability of amending their regulations to cover any possible loophole where a person working less than five hours a week or one hour a day transported children.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New Hampshire has not provided information on whether it requires recurring criminal background checks or medical evaluations for child care center drivers or whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether New Hampshire requires recurring criminal background checks or medical evaluations for child care center drivers or whether New Hampshire considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 9/4/2014
Response: Has Delaware taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Delaware requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers.

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Delaware requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers. Delaware requires a health appraisal for all child care center employees, but the appraisal does not address fitness to drive. Delaware is currently considering requiring child care centers to develop a written transportation policy that would include identifying any physical condition that would impair the ability to drive.

From: NTSB
To: State of Delaware, Department of Services for Children, Youth and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060331) to our 6/2/2006 request for an update, which indicated that: According to MC 2060331, Delaware requires background checks for child care center employees or volunteers who are left alone with children. Delaware also requires a health appraisal for all child care center employees, but the appraisal does not address fitness to drive. Delaware is currently considering requiring child care centers to develop a written transportation policy that would include identifying any physical condition that would impair the ability to drive.

From: NTSB
To: State of California, Department of Social Services
Date: 11/23/2005
Response: The Safety Board notes that California Health and Safety Code, Section 1596.871, and Title 22, Sections 101170 and 102370, require a criminal record clearance for all licensees and for any staff person or employee who has contact with children. Additionally, drivers who transport children in child care must have a criminal record clearance, which includes an FBI clearance, a State Department of Justice clearance, and a Child Abuse Index Clearance. The Board also notes that California Title 22, Section 101216, requires that all child-care-center personnel verify, through a health screening report performed by, or under supervision of, a physician, that they are in good health and both physically and mentally capable of performing their assigned duties. This report also notes an employee's physical qualifications to perform duties assigned and the presence of existing hazardous health conditions. Accordingly, Safety Recommendation H-04-11 is classified "Closed-Reconsidered," as these requirements were in place before the recommendation was issued.

From: State of California, Department of Social Services
To: NTSB
Date: 7/20/2004
Response: Letter Mail Controlled 7/29/2004 2:52:40 PM MC# 2040466: California Health and Safety Code, Section 1596.871 and Title 22, Sections 101170 and 102370 require the Department to secure a criminal record clearance for all licensees and for any staff person or employee who has contact with the children. This includes all subsequent arrest information. Drivers who transport children in child care must have a criminal record clearance. This includes an FBI clearance, a State Department of Justice clearance, and a Child Abuse Index Clearance. Additionally, the Department of Motor Vehicles requires a fingerprint clearance through the Highway Patrol for all Class B licensed drivers. California Title 22, Section 101216 requires that all Child Care Center personnel shall be in good health and physically and mentally capable of performing assigned tasks. This shall be verified by a health screening report performed by, or under supervision of, a physician not more than one year prior or 7 days after employment. This report shall note the person's physical qualifications to perform duties assigned and the presence of existing hazardous health conditions. There is no physical exam requirement for Family Child Care providers.

From: State of Tennessee, Department of Human Services
To: NTSB
Date: 2/8/2005
Response: Letter Mail Controlled 2/17/2005 1:27:10 PM MC# 2050071

From: NTSB
To: State of Tennessee, Department of Human Services
Date: 2/7/2005
Response: The Safety Board notes that since January 15, 2001, Tennessee has required criminal background checks for all staff who have contact with children, including drivers. The Department has also modified policies and procedures and made changes to its computer system to appropriately monitor for this requirement and to improve reports available to regulatory staff. Also, as of January 1, 2004, drivers are required to undergo annual medical examinations that exceed Federal and State requirements for commercial vehicle drivers. Accordingly, Safety Recommendation H-04-11 is classified "Closed--Reconsidered," as these requirements were in place before the Board issued its recommendation.

From: State of Tennessee, Department of Human Services
To: NTSB
Date: 6/7/2004
Response: Letter Mail Controlled 6/16/2004 11:47:09 AM MC# 2040310 Criminal background checks for all staff who have contact with children, including drivers, have been required since January 15, 2001. The Department has modified its policies and procedures to help ensure that regulators appropriately monitor for this and other requirements, including changes to the Department's computer system which improve the management reports available to front-line regulatory staff. The Department has always required a medical examination, for care giving staff and drivers a minimum of once every 3 years, or more often as needed (e g , a "for cause" examination). Effective January 1. 2004, drivers are required to undergo a medical examination once every year-which exceeds the federal and state requirements for commercial vehicle drivers. In addition. the Department will otherwise continue to require an immediate exam at any time credible evidence of a possible impairment is received.

From: State of Nevada, Department of Human Resources
To: NTSB
Date: 12/29/2014
Response: -From Traci Pearl, Highway Safety Coordinator, Nevada Department of Public Safety, Office of Traffic Safety: Bus drivers must have a commercial driver license (CDL) if they drive a vehicle designed to seat 16 or more passengers. CDL licensing requires a Medical Examiner's Certificate. It is the private employer's decision on whether to require a criminal background check. There is no federal law requiring background checks on child care workers. Please reference Nevada Administrative Code 432A.200 SERVICES AND FACILITIES FOR CARE OF CHILDREN, as well as NRS (Nevada Revised Statutes) 432A.077, 432A.141, 432A.170, 432A.175. See: http://www.leg.state.nv.us/Division/Legal/LawLibrary/NAC/NAC-432A.html AND http://www.leg.state.nv.us/NRS/NRS-432A.html#NRS432ASec077

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 9/4/2014
Response: Has Nevada taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Nevada requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers.

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Nevada requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers. Employees must also have been tested for tuberculosis prior to employment. Local licensing agencies (city and county) may adopt more stringent regulations.

From: NTSB
To: State of Nevada, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060333) to our 6/2/2006 request for an update, which indicated that: According to MC 2060333, Nevada requires child care center employees to complete a background investigation (including fingerprinting) within 3 days of employment and every 6 years thereafter. Employees must also have been tested for tuberculosis prior to employment. Child care center regulations do not require a medical evaluation to determine fitness to drive, but local licensing agencies (city and county) may adopt more stringent regulations.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 9/4/2014
Response: Has Virginia taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Virginia requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers. Virginia did not consider applicable legislation or regulations in 2007 or 2008. Its Department of Education does require school bus drivers for publicly funded schools to obtain a physical examination, and the same requires apply to persons hired to operate motor vehicles for private or religious schools.

From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/3/2008
Response: Letter Mail Controlled 7/3/2008 2:46:32 PM MC# 2080397: No legislation was introduced dealing specifically with medical evaluation requirements related to child care transportation in the 2007 or 2008 sessions of the General Assembly, and no regulations were proposed. However, the Department of Education requires publicly funded schools to conform to Va. Code Section 22.1-178, which prohibits any school board from employing as a school bus driver anyone who has not, among other provisions, (1) had a physical examination of a scope prescribed by the Board of Education with the advice of the Medical Society of Virginia and (2) furnished a form prescribed by the Board of Education showing the results of such examination. In addition, Va. Code Section 22.1-180 places the same requirement on persons hired to operate school buses for private or religious schools. The Department of Education also requires the physical examination by regulation (8 VAC-20-70-280.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Virginia requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers. Virginia does require child care center employees to submit documentation of a negative tuberculosis screening and to report any health problems that may interfere with fulfilling their job. In addition, if child care center employees have a physical or mental condition that may jeopardize children's safety, child care centers shall, at a minimum, prohibit employees from being in contact with children until a physician or clinical psychologist confirms that any risk has been eliminated or reduced to an acceptable level through reasonable accommodations.

From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/13/2007
Response: Letter Mail Controlled 7/13/2007 12:22:52 PM MC# 2070347: Three bills were introduced in the 07 session 1of the General Assembly. House Bill 1587 would have required businesses and organizations to conduct national criminal , 1 background checks on employees and volunteers providing care to children, the elderly and disabled. Senate Bills 604 and 678 would have allowed, but not required, religious organizations providing the same services to request national criminal background checks. All three bills failed to pass.

From: NTSB
To: Commonwealth of Virginia, Department of Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060339) to our 6/2/2006 request for an update, which indicated that: According to MC 2060339, Virginia regulations require that before beginning work, child care center employees must affirm that they do not have a "barrier crime" and are not listed on the Central Registry maintained by Child Protective Services. Within 30 days of starting employment, child care center employees must return a Criminal Record Check from the Virginia State Police and a check of the Central Registry; criminal background checks must be redone every 3 years. Virginia does not require a medical evaluation to determine fitness to drive. Virginia does require child care center employees to submit documentation of a negative tuberculosis screening and to report any health problems that may interfere with fulfilling their job. In addition, if child care center employees have a physical or mental condition that may jeopardize children's safety, child care centers shall, at a minimum, prohibit employees from being in contact with children until a physician or clinical psychologist confirms that any risk has been eliminated or reduced to an acceptable level through reasonable accommodations.

From: Commonwealth of Virginia, Department of Social Services
To: NTSB
Date: 7/7/2006
Response: Letter Mail Controlled 7/17/2006 3:23:50 PM MC# 2060339: Virginia DMV sought assistance from the Virginia Department of Social Services (VDSS) in responding to this recommendation. VDSS reports that, as outlined by the Standards for Child Day Programs: Background checks as required bjy the regidation entitled Background Checks for Child Werfare Agencies (22 KAC 40-191). VDSS requires that all employees sign a “Sworn Statement or Affirmation” that they do not have a barrier crime nor are they listed on the Central Registry maintained by Child Protective Services before beginnine work. Within 30 days of starting employee they must have a returned Criminal Record Check from the VA State Police and a check of the CPS Central Registry. VDSS cite to the Virginia Administrative Code 22 VAC 15-30-180 and 22 VAC 1530-190 which require tuberculosis screening as follows: Each staff member and individual from an independent contractor sliall submit documentation of a negative tuberculosis screening. VDSS also notes that as outlined by the Startdards for Child Day Programs: Information, to be kept at the center, about anjj health problems which may interfere with fulfilling the job responsibilities. VDSS informs that staff members are required to tell VDSS if they have any "health problems" that may interfere with fulfilling their job. However, there is no guarantee that they will share health problems and there is no verification of the information. Lastly. VDSS points again to the Standards for Child Day Programs which also include catch-all provisions that enable VDSS to request additional information is necessary: When there is evidence that the safety of children may be jeopardized by contact with a staff member or volunteer because of the physical health or mental health of such staff member or volunteer, the licensee shall, at a minimum, prohibit the employee or volunteer from engaging in contact with the children or participation in the food service program until a physician or a clinical psycliologist skilled in the diagnosis and treatment of mental illness confirms that any risk has been eliminated or can be reduced to an acceptable level by reasonable accommodations. The requirement of subsection A of this section should not be construed as a mandatory precondition to any other employment action that an employer may otherwise take.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 6/12/2015
Response: Although we note your recent efforts to expand Article 19-A of the New York State Vehicle and Traffic Law to apply to all childcare center drivers so that they would be subject to commercial driver evaluation and testing requirements, we are disappointed that the bill did not pass the legislature. Because the recommended requirement and testing were not established in the 11 years since these recommendations were issued, Safety Recommendations H-04-11 and 12 are classified CLOSED—UNACCEPTABLE ACTION.

From: State of New York, Department of Family Assistance
To: NTSB
Date: 11/4/2014
Response: -From Chuck DeWeese, Assistant Commissioner, Governor’s Traffic Safety Committee: On behalf of New York State DMV Commissioner Barbara Fiala, I have attached the updates on Open NTSB Highway Safety Recommendations. New York continues to make progress on some of the outstanding issues but, as you are aware, many of the areas of concern require legislative action which often takes years to achieve passage. The New York State Department of Motor Vehicles remains committed to the safety of transportation on our highways and will continue to seek improvements, including those recommended by the NTSB. Please advise if you have any questions. If a child care center operates vehicles to transport persons under the age of 21, and the vehicle has an adult seating capacity of 11 or more not including the driver, under Article 19-A of the NYS Vehicle and Traffic Law (19-A) the center would be a school bus carrier and its drivers school bus drivers. 19-A would require that the drivers undergo a criminal background check with NYS DCJS & the FBI. A pre-employment and biennial medical examination would be required of all drivers. In order to require this for all child care center drivers the definition of a school bus found in Section 509-a (1) (a) of the VTL would have to be amended. NYS DMV has previously submitted legislative proposals to do this but the Legislature has not acted. Legislation was introduced in 2013-14 (A.1418) that would expand the definition of bus to include those owned by public or governmental agency, pre-school, nursery school or private school or privately owned and operated for compensation for the transportation of children less than school age, teachers and other persons to and from a pre-school, nursery school or school activities. The bill would also require drivers to have background checks and medical examinations. This bill did not pass the legislature in 2013 or 2014.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 9/4/2014
Response: Has New York taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of New York, Department of Family Assistance
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New York requires recurring medical evaluations, but does not require criminal background checks, for child care center drivers.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New York requires recurring medical evaluations, but does not require criminal background checks, for child care center drivers. According to MC 2070376, New York does require drivers of vehicles transporting children under age 10 to child care centers to be fingerprinted.

From: State of New York, Department of Family Assistance
To: NTSB
Date: 7/19/2007
Response: Letter Mail Controlled 7/27/2007 9:44:08 AM MC# 2070376: The New York Vehicle and Traffic Law Section 509(a) 1 requires drivers of vehicles transporting persons under the age of ten to daycare centers to be fingerprinted and to have biennial medical examinations.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060348, 2060619) to our 6/2/2006 request for an update, which indicated that: According to MC 2060348, New York statutes require drivers of vehicles transporting children under age 10 to child care centers to be fingerprinted and have biennial medical evaluations.

From: State of New York, Department of Family Assistance
To: NTSB
Date: 7/11/2006
Response: Letter Mail Controlled 7/19/2006 11:17:40 AM MC# 2060348: ‘I‘he NY Vehicle and Traffic Law Section 509 (a) 1 requires drivers of vehicles transporting persons under the age of 10 to daycare centers to be fingerprinted and to have biennial medical examinations.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 9/4/2014
Response: Has New Mexico taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: New Mexico requires an initial criminal background check for "all licensees and direct providers of care" in child care centers. Background checks are not recurring if the person remains employed at the same child care facility. Medical evaluations (and certificates) are required if the vehicle and number of passengers meets the definition of a commercial motor vehicle. New Mexico did not consider applicable legislation or regulations in 2007 or 2008.

From: State of New Mexico, Department of Children, Youth, and Families
To: NTSB
Date: 9/5/2008
Response: Letter Mail Controlled 9/26/2008 1:48:42 PM MC# 2080593: CYFD: The background check regulations apply to "all licensees and direct providers of care" in licensed child care facilities, among others (see 8.8.3 NMAC). As such, the above referenced child care providers are required to have a background check; child care providers are oftentimes the drivers of child care vehicles. Background checks are not recurring if the provider remains employed at the same child care facility New Mexico did not consider additional legislation or regulations in 2007 or 2008. New Mexico may consider requiring recurring background checks of child care facility staff. MTD: The Medical certificate (CFR 49 Part 391) is required if the vehicle and number of passengers meets the definition of a commercial motor vehicle under CFR 49 Part 390.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: New Mexico has not provided information on whether it requires recurring criminal background checks or medical evaluations for child care center drivers or whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether New Mexico requires recurring criminal background checks or medical evaluations for child care center drivers or whether New Mexico considered applicable legislation or regulations in 2005 or 2006.

From: State of North Carolina, Department of Health and Human Services
To: NTSB
Date: 12/9/2014
Response: -From Don Nail, Director, GR, Governor’s Highway Safety Program, North Carolina Department of Transportation: All child care staff must complete an initial criminal record check including a fingerprint check through the SBI. A new requirement that was adopted as of November 1, 2007 is that all staff must complete a modified criminal record check every third year they are at the same facility. Van/bus drivers are included in the definition of staff. Related to medical evaluations, transportation providers must also provide within 60 days of employment a signed statement from a licensed physician that the person is emotionally and physically fit to care for children. They must provide documentation of a tuberculosis test that is free of active tuberculosis. Each year staff must submit a health questionnaire giving information about the status of his/her health.

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 9/4/2014
Response: Has North Carolina taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: North Carolina has not provided information on whether it requires recurring criminal background checks or medical evaluations for child care center drivers or whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: North Carolina has not provided information on whether it requires recurring criminal background checks or medical evaluations for child care center drivers or whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of North Carolina, Department of Health and Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether North Carolina requires recurring criminal background checks or medical evaluations for child care center drivers or whether North Carolina considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 9/4/2014
Response: Has Kansas taken action to fully implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Kansas requires initial, not recurring, criminal background checks and medical evaluations for child care center drivers.

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Kansas requires initial, not recurring, criminal background checks and medical evaluations for child care center drivers.

From: NTSB
To: State of Kansas, Department of Health and Environment
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060343) to our 6/2/2006 request for an update, which indicated that: According to MC 2060343, Kansas regulations require a criminal history background check and an initial health assessment when a person begins working or volunteering for a child care center. The Board has been unable to determine whether these are recurring qualifications.

From: State of Kansas, Department of Health and Environment
To: NTSB
Date: 7/10/2006
Response: Letter Mail Controlled 7/19/2006 9:21:00 AM MC# 2060343: Child care center regulations require a criminal history background check and require an initial health assessment when someone begins working or volunteering.

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 9/4/2014
Response: Has Indiana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed—Unacceptable Action."

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Indiana has not provided information on whether it requires recurring criminal background checks or medical evaluations for child care center drivers or whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Indiana has not provided information on whether it requires recurring criminal background checks or medical evaluations for child care center drivers or whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Indiana, Family and Social Services Administration
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether Indiana requires recurring criminal background checks or medical evaluations for child care center drivers or whether Indiana considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 9/4/2014
Response: Has Georgia taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Georgia requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers. If there is a reason to believe that a driver has gained a criminal record, the background check can be repeated. If the child care center uses a school bus meeting the definition of a commercial motor vehicle, the licensing requirements for a commercial driver's license require a medical evaluation. Child care center directors must notify the Department of Human Resources if any previously acceptable employee obtains an unsatisfactory criminal background check; the employee would then be ineligible to continue employment with the child care center.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 9/23/2008
Response: Letter Mail Controlled 9/24/2008 1:08:58 PM MC# 2080586: Georgia does require criminal background checks for all employees of a child care center before employment commences. Further, child care center directors are required to notify the Department if any previously acceptable employee obtains an unsatisfactory criminal background check. The employee would then be ineligible to continue employment with the child care center.

From: NTSB
To: State of Georgia, Department of Human Resources
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060422) to our 6/2/2006 request for an update, which indicated that: According to MC 2060422, Georgia regulations require child care centers to obtain criminal background checks, but background checks are not ongoing. If there is a reason to believe that a driver has gained a criminal record, the background check can be redone. Georgia does not require medical evaluations for child care center employees. If the child care center uses a school bus meeting the definition of a commercial motor vehicle, the licensing requirements for a commercial driver's license require a medical evaluation.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 8/22/2006
Response: Letter Mail Controlled 8/24/2006 8:36:35 AM MC# 2060422: Under 40-5-1 50, if the childcare provider uses a school bus meeting the definition of a commercial vehicle, the licensing requirements for a commercial license require a medical examination. Also, under 160-5-3-.08 of the Dept of Education rules, local school systems shall select school bus drivers who have had a physical examination by a licensed doctor of medicine or doctor of osteopathy within 60 days prior to the date of employment. To be considered for reemployment for any ensuing school year, the driver shall pass the annual medical examination prescribed by the Department, not more than 60 days before the beginning of the school year and as often thereafter as the local system’s board of education deems necessary. For child care centers, there is a regulatory requirement for a criminal background check, but not for a medical exam, and this is regulated by the Georgia Department of Early Care and Learning.

From: State of Utah, Department of Health
To: NTSB
Date: 12/16/2014
Response: -From Kristy K. Rigby, Director, Highway Safety Office: No change.

From: NTSB
To: State of Utah, Department of Health
Date: 9/4/2014
Response: Has Utah taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Utah, Department of Health
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Utah, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Utah requires child care center staff to obtain and child care centers to maintain records of initial health evaluations conducted within 6 months of employment. Child care centers must also have background screening records. These requirements are not recurring.

From: State of Utah, Department of Health
To: NTSB
Date: 6/16/2008
Response: Letter Mail Controlled 6/24/2008 12:28:05 PM MC# 2080368: Utah has implemented these requirements under Utah Administrative Rule R430-90-13 (3) The licensee of the program shall maintain care-giver records to include: (a) background screening records; and (b) initial health evaluations and TB testing. However, the Rule does not address the requirement of recurring evaluations.

From: NTSB
To: State of Utah, Department of Health
Date: 2/28/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: According to MC 2070310, Utah requires child care center staff to obtain and child care centers to maintain records of initial health evaluations conducted within 6 months of employment. Child care centers must also have background screening records. Staff has been unable to confirm whether the criminal background checks are recurring.

From: State of Utah, Department of Health
To: NTSB
Date: 6/21/2007
Response: Letter Mail Controlled 7/3/2007 9:06:26 AM MC# 2070310: Utah has implemented these requirements under Utah Administrative Rule R430-90-13. (3) The licensee of the program shall maintain care-giver records to include: (a) background screening records; and (b) initial health evaluations and TB testing .

From: NTSB
To: State of Utah, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060367) to our 6/2/2006 request for an update, which indicated that: Staff has been unable to determine whether Utah requires criminal background checks or medical evaluations for child care center drivers or whether Utah considered applicable legislation or regulations in 2005 or 2006.

From: State of Utah, Department of Health
To: NTSB
Date: 7/14/2006
Response: Letter Mail Controlled 7/27/2006 3:02:07 PM MC# 2060367: Implement an oversight program for child care transportation that includes the following elements: A requirement that drivers receive a criminal background check and have a medical examination to determine fitness to drive. UHSO Response: The UHSO suggests the most accurate information may be obtained by contacting: Teresa Whiting, Bureau Director Utah Department of Health Bureau of Child Care Licensing 288 North 1460 West Salt Lake City, Utah 84114-2003

From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 12/3/2014
Response: -From Mark Gottlieb, P.E., Secretary, Department of Transportation: S. 48.685 (3) (bm) Wis. Stats. requires initial and annual background checks and administrative codes DCF 250.04 (5)(e) and DCF 251.05 (l)(L) require a medical evaluation for child care center drivers. Additionally, DCF 250.07 (6)(a), DCF 251.05 (l)(L) 3 and 4 and DCF 252.42 (4) state that if there is reason to believe that a person in contact with children, including a driver, might endanger children, the department may require that the individual submit to an examination by a licensed mental health professional. Those individuals who have symptoms of illness or whose behavior gives reasonable concern for the safety of children may not be in contact with children.

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 9/4/2014
Response: Has Wisconsin taken action to require recurring medical evaluations? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Wisconsin requires recurring criminal background checks and initial, not recurring, medical evaluations for child care center drivers. According to MC 2080570, it did not consider legislation to address the remaining element of this recommendation.

From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 9/4/2008
Response: Letter Mail Controlled 9/18/2008 10:13:03 AM MC# 2080570: Wisconsin continues to require recurring criminal background checks and initial, not recurring, medical evaluations for child care center drivers. No related legislation was considered during the 2007-08 session.

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Wisconsin requires recurring criminal background checks and initial, not recurring, medical evaluations for child care center drivers. Child care centers must report any contact a driver has with law enforcement and are instructed to complete another background check upon making that report.

From: NTSB
To: State of Wisconsin, Department of Health and Family Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060344) to our 6/2/2006 request for an update, which indicated that: According to MC 2060344, Wisconsin's administrative rules require criminal background checks and physical exams for child care center drivers. According to information received subsequent to Wisconsin's annual letter, employees need only get one medical evaluation within 30 days of employment. Employees must submit the self-disclosure portion of the background check prior to working with children and undergo the full background check within 60 days of employment. Background checks are required every 4 years. In addition, child care centers must report any contact a driver has with law enforcement and would be instructed to complete another background check upon making that report.

From: State of Wisconsin, Department of Health and Family Services
To: NTSB
Date: 7/7/2006
Response: Letter Mail Controlled 7/19/2006 9:44:12 AM MC# 2060344: State administrative rules require criminal background checks and physical exams for drivers of childcare transportation vahicles.

From: State of Rhode Island, Department of Children, Youth and Families
To: NTSB
Date: 11/6/2014
Response: -From Michael P. Lewis, Director, Rhode Island Department of Transportation: The DCYF program administrator is responsible for ensuring that a criminal record background check and a clearance of agency activity is conducted on all new staff prior to the assignment of child care duties, including consultants, whether full or part-time requires personnel transporting children to be immunized and subject to a background check.

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 9/4/2014
Response: Has Rhode Island taken action to require recurring criminal background checks and medical evaluations? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Rhode Island requires initial, not recurring, criminal background checks and medical evaluations for child care center drivers.

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Rhode Island requires initial, not recurring, criminal background checks and medical evaluations for child care center drivers. According to MC 2070365, Rhode Island did not consider applicable legislation or regulations in 2006 or 2007.

From: State of Rhode Island, Department of Children, Youth and Families
To: NTSB
Date: 6/27/2007
Response: Letter Mail Controlled 7/24/2007 2:00:18 PM MC# 2070365: The state has adopted the Federal Motor Carrier Safety Regulations pertaining to medical examinations for drivers transporting 16 or more passengers including the driver. Child care centers with these vehicles would be subject to 391.41 which was adopted in RI General Laws 31-23-l(b). This requires drivers to be medicallv qualified every 2 years.

From: NTSB
To: State of Rhode Island, Department of Children, Youth and Families
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060380) to our 6/2/2006 request for an update, which indicated that: According to information received subsequent to Rhode Island's annual letter, Rhode Island requires a Federal and State criminal background check for any employee of a licensed child care center who has a supervisory role over children on a routine basis or when routinely in contact with children without other employees. To the extent that a licensed agency defines child care center drivers in this manner, the drivers would be required to undergo a background check. All child care center employees must also obtain a pre-employment physical.

From: NTSB
To: State of Oregon, Employment Department
Date: 9/4/2014
Response: Has Oregon taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Oregon, Employment Department
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Oregon, Employment Department
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Oregon requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers.

From: NTSB
To: State of Oregon, Employment Department
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Oregon requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers. Oregon does require child care centers to establish a system for ensuring employees are mentally, physically, and emotionally capable of performing assigned duties.

From: NTSB
To: State of Oregon, Employment Department
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: Oregon requires a criminal records check and child protective services records check on all child care center employees. After this and a determination by the Child Care Division that the employees meet all the requirements for employment at a child care center, employees are enrolled into the Child Care Division's Criminal History Registry. Oregon does not require medical evaluations of child care center drivers but does require child care centers to establish a system for ensuring employees are mentally, physically, and emotionally capable of performing assigned duties.

From: NTSB
To: State of Oregon, Employment Department
Date: 5/17/2005
Response: The Safety Board notes that Rules for the Certification of Child Care Centers requires operators of child care centers to establish a system that would ensure that staff are mentally, physically, and emotionally capable of performing assigned duties. The Board also notes that staff must be enrolled in the Oregon Employment Department Child Care Division's (CCD's) Criminal History Registry. The Board further notes that child care staff are entered into the CCD's Criminal History Registry after a criminal records check and child protective services record check have been completed and the CCD has determined that they meet all the requirements for employment at a child care center. The Board notes that CCD staff conduct annual announced and unannounced inspections of child care centers. We are pleased that Oregon conducts criminal background checks and would like to know whether Oregon plans to revise regulations to require medical examinations for staff responsible for transporting children. In the Memphis accident, the driver had severe medical issues that likely affected his ability to operate a vehicle safely. Pending receipt of a revised Rules for the Certification of Child Care Centers that includes a requirement for medical examinations and drug testing, Safety Recommendations H-04-11 and -13 are classified "Open--Acceptable Response."

From: State of Oregon, Employment Department
To: NTSB
Date: 5/17/2004
Response: Letter Mail Controlled 5/17/2004 1:49:26 PM MC# 2040211 The Child Care Division of the Oregon Employment Department is responsible for licensing child care businesses and promulgating administrative rules to ensure the health and safety of children in child care. The transportation of children in child care centers is addressed in Oregon Administrative Rule 414-300-0350. Four of the NTSB's seven recommendations (H-04-9, - 10, - 11, - 13) are currently included in the division's rules for certification of child care centers. The full text of the rule may be found at http://findit.emp.state.or.us/childcare/CCDl320701.pdf. The three recommendations that are not included, H-04-8, - 12, and - 14, will be taken under consideration in the next cycle of rule revisions.

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 12/4/2014
Response: -From Director Darrin T. Grondel, Washington Traffic Safety Commission: Washington has no plans to take action on this recommendation.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 9/4/2014
Response: The National Transportation Safety Board has issued a number of safety recommendations to Washington related to highway safety improvements. This letter addresses 16 highway safety recommendations currently in an open status to Washington. We are interested in knowing whether and how our safety recommendations are implemented, both to ensure that the traveling public is provided the highest level of safety and to identify creative solutions that might be shared with others. Normally, we expect actions to address our safety recommendations to be completed within 5 years. To monitor implementation of our highway safety recommendations, we are sending you this letter to (1) detail what our records show of actions taken by Washington to implement our recommendations, and (2) request from you verification and/or updates of our information. Although some of the information we are seeking will require you to contact other agencies or departments, we would appreciate receiving a response from you within 90 days from the date of this letter, informing us of actions that have been taken or that are planned to be taken to implement all of the recommendations listed in the enclosed table. Pending our timely receipt of your reply, the recommendations will retain their current classification, as indicated in the table. Please inform us about the progress of Washington’s actions to implement the indicated safety recommendations, preferably electronically at correspondence@ntsb.gov. The response does not need to come from the Governor but can come from you or the Governor’s Highway Safety Coordinator. Please include in your response any additional relevant information to assist us in evaluating actions taken to meet the intent of the recommendations and correct any erroneous information. If a response, including attachments, exceeds 10 megabytes, please e mail us at the same address for instructions. Please do not submit both an electronic copy and a hard copy of the same response. The full recommendation letter for each safety recommendation is available at www.ntsb.gov.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Washington requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Washington requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers. Washington requires that drivers (and all employees and volunteers) for child care centers be in good health and be emotionally stable.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060332, 2060291) to our 6/2/2006 request for an update, which indicated that: Washington requires that drivers (and all employees and volunteers) for child care centers receive a criminal background check, be in good health, and be emotionally stable. Washington does not require drivers to undergo a medical evaluation to determine fitness to drive.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 2/24/2006
Response: In its January 31, 2005, letter, the Safety Board classified Safety Recommendations H-04-8, -9, and -14 "Open-Unacceptable Response," and Safety Recommendations H-04-11 through -13 "Open-Acceptable Response." Your March 2005 response does not indicate any new actions to implement Safety Recommendations H-04-8, -9, or -11 through -14. Therefore, the classifications of these recommendations will remain the same. The Safety Board encourages the State to revise its child care licensing requirements to include the Board's recommendations for improving transportation safety for children transported to and from school and school-related activities by child care providers. Please notify the Board when any future action has been taken to address these recommendations. If the Safety Board can be of assistance to the State of Washington in this effort, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6170.

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 3/9/2005
Response: Letter Mail Controlled 3/17/2005 12:33:35 PM MC# 2050113: Our licensing requirements mandate that all volunteers and staff be qualified by a background inquiry check prior to unsupervised access to children. In conjunction to the background check, our standards address that staff must be in good health and possess emotional stability suited to perform their job.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 1/31/2005
Response: The Safety Board notes that Washington's licensing requirements include a background check of all volunteers and staff as well as verification of their good health and the emotional stability necessary to perform their job, prior to unsupervised access to children. However, these requirements do not fully address the intent of the recommendation. As indicated in the Board's report, a medical examination might have revealed the driver's marijuana use or his sleep apnea. The Board encourages Washington to revise its licensing requirements to include a medical examination for those responsible for child care transportation. Pending further response regarding a requirement for medical examinations, Safety Recommendation H-04-11 is classified "Open--Acceptable Response."

From: State of Washington, Department of Social and Health Services
To: NTSB
Date: 7/2/2004
Response: Letter Mail Controlled 7/13/2004 8:35:15 AM MC# 2040398 Our licensing requirements mandate that all volunteers and staff be qualified by a background inquiry check prior to unsupervised access to children. In cojunction to the background check, our standards address that staff must be in good health and possess emotional stability suited to perform their job.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Ohio requires initial, not recurring, criminal background checks and recurring medical evaluations for child care center drivers. Effective September 1, 2008, Ohio requires recurring criminal background checks. Specifically, child care center drivers must have a State (Bureau of Criminal Identification and Investigation, or BCII) and Federal (FBI) criminal records check completed at the time of employment; staff cannot be alone with children until the results of both records checks have been reviewed and approved. Every 4 years, the BCII check must be updated.

From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 9/22/2008
Response: Letter Mail Controlled 9/22/2008 2:42:03 PM MC# 2080582: As of 9/1/2008, Ohio requires that all driver's have a state (Bureau of Criminal Identification and Investigation-BCII) and federal (Federal Bureau of Investigation-FBI) criminal records check completed at the time of employment. Staff cannot be alone with children until the results of both of the records checks have beeri reviewed and approved by the administrator. The BCll check must be updated every four years. The administrator may request the FBI check be completed every four years as well, but it is not a requirement, unless the driver happens to be the administrator of the program. Administrators are required to have both BCll and FBI checks updated every four years. Ohio requires medical checks for child care employees upon hire and every three years thereafter, state rules also allow the administrator of the program to request a new medical exam and statement if they have concerns about the employee's physical ability to provide safe care for children.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Ohio requires initial, not recurring, criminal background checks and recurring medical evaluations for child care center drivers. Staff from the oversight agency anticipates adding a requirement for recurring criminal background checks. According to MC 2070311, Ohio considered legislation to require background and FBI checks every 4 years after the initial check at hiring.

From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 6/29/2007
Response: Letter Mail Controlled 7/3/2007 9:24:01 AM MC# 2070311: H.B. 213 which is currently pending before the General Assembly requires a BCll & FBI check at the time an employee is hired and once every four years thereafter.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060327) to our 6/2/2006 request for an update, which indicated that: Ohio requires child care center employees to receive a medical evaluation from a licensed physician or certified nurse practitioner within 3 years prior to the first day of employment and every 3 years from the date of the initial examination. Verification of the medical evaluation must be on file the first day of employment. Ohio, however, does not require criminal background checks. According to information received subsequent to Ohio's annual letter, effective January 1, 2007, Ohio requires a background check for any child care center employee and a background check for any child care center driver, even if the driver is under contract and not an employee of the center. At the current time, Ohio does not require the employee to renew the background check after initial employment, but staff from the oversight agency anticipates adding such a requirement.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 7/6/2005
Response: The Safety Board notes that child care staff must receive a medical examination, verifying that they are physically and mentally fit for employment in a child care facility, from a licensed physician or a certified nurse practitioner within 3 years prior to the first day of employment and every 3 years from the date of the initial exam. The Board also notes that verification of the exam must be on file the first day of employment. The Board further notes that Ohio does not require criminal background checks for child care staff. The Safety Baord believes such background checks are important. In the Memphis accident, the driver had criminal convictions that were not on record and that did not prevent him from driving children, which the Board believes should have. The Board would like to know whether Ohio plans to revise Child Care Licensing Rules to require criminal background checks for child care staff. Pending receipt of information regarding a requirement for criminal background checks, Safety Recommendation H-04-11 "Open--Acceptable Response."

From: State of Ohio, Department of Job and Family Services
To: NTSB
Date: 5/17/2004
Response: Letter Mail Controlled 5/17/2004 2:26:08 PM MC# 2040215 These recommendations are a result of the Safety Board's investigation into the April 4, 2002 accident involving a child care van in Memphis, Tennessee. Ohio's Child Care Licensing Rules currently provides for compliance with four of the seven recommendations made by NSTB, namely requirements for vehicle standards and maintenance, restraint usage, and driver fitness. The three other recommendations regarding use of vehicles meeting school bus standards, driver drug testing, and the requirement that child care vehicle be labeled with both the center and the oversight agency's names and phone numbers will be further explored for rule revision consideration.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 9/4/2014
Response: Has Arizona taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Arizona, Department of Health Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Arizona requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Arizona requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers. Arizona has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: Arizona requires criminal background checks of all child care employees during the initial licensing application process, and licenses are valid for 3 years. Arizona does not require child care center drivers to undergo a medical evaluation to determine fitness to drive. Staff has been unable to determine whether Arizona considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Arizona, Department of Health Services
Date: 7/6/2005
Response: The Safety Board notes that Arizona does not require (1) the use of vehicles built to school bus standards by child care centers when transporting children, (2) drug testing for child care transportation providers, or (3) medical examinations for child care drivers. The Board further notes that implementing the above listed recommendations would require legislative action. Ms. Wiley indicated that the Department of Health Services (the department) had planned to include the Board's recommendations in its review of legislative priorities for the session that began in January. However, the Board notes that during Arizona's legislative session, which ended April 23rd, no legislation was introduced that would require the use of vehicles built to school bus standards, or drug and medical testing for all child care transportation providers and drivers. The Board would like to know what legislative action Arizona has planned to address these recommendations. Pending receipt of information regarding legislative action for Arizona's next session, Safety Recommendations H-04-8, -11 and -12 are classified "Open--Unacceptable Response." If the Safety Board can provide assistance with legislative efforts during the next legislative session, please contact Mr. Kevin Quinlan, Chief, Safety Advocacy Division, at (202) 314-6175.

From: State of Arizona, Department of Health Services
To: NTSB
Date: 7/19/2004
Response: Letter Mail Controlled 7/26/2004 12:16:09 PM MC# 2040456: The Arizona Department of Health Services (Department) received your letter dated April 21, 2004 regarding child care transportation safety issues. Catherine Eden, Director of the Department, requested that I respond to your concerns and recommendations on her behalf. In your letter, you requested that we review your submitted recommendations for a comprehensive child care transportation safety program. The Department has reviewed the recommendations and is providing a summary of the Department's rules which do not require further action: · A regular vehicle maintenance and inspection program; · A requirement that occupants wear age-appropriate restraints at all times; · A requirement that drivers receive a criminal background check, and · Review by oversight agency of periodic driver background checks.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 2/7/2005
Response: The Safety Board notes that Iowa requires drivers employed by a child care center to sign a statement indicating whether they have a criminal conviction, child abuse, or adult abuse record in Iowa or any other State. Additionally, Iowa prohibits or suspends child care employment for persons convicted of certain crimes or founded abuses. The Board also notes that criminal and abuse record checks are conducted before employment, every 2 years thereafter, and whenever the Department of Human Services and child care centers become aware of a violation. The Board further notes that medical examinations are required prior to employment and every 3 years afterward to determine whether staff has health conditions that pose a threat to the health, safety, or well-being of children. Accordingly, Safety Recommendation H-04-11 is classified "Closed--Reconsidered," as these requirements were in place before the recommendation was issued.

From: State of Iowa, Department of Human Services
To: NTSB
Date: 7/14/2004
Response: Letter Mail Controlled 7/20/2004 2:46:30 PM MC# 2040427: The other three recommendations are addressed in Iowa's licensing laws and regulations. These recommendations and Iowa's requirements are as follows: · A requirement that drivers have a criminal background check and have a medical examination to determine fitness to drive. Iowa's requirement is that drivers employed by the center sign a statement indicating whether they have a criminal conviction, child abuse or adult abuse record in Iowa or any state. Criminal and abuse record checks are conducted before employment, every two years thereafter, and when the Department and centers become aware that a transgression has occurred. Certain convictions and founded abuses are mandatory or time-limited prohibitions of involvement with child care. A conviction of a controlled substance offense under Iowa Code Chapter 124 is a five-year prohibition of involvement with child care from the date of conviction. After five years a record check evaluation and decision is required to be involved in child care. Record check decisions can deny involvement with child care or allow involvement under specific conditions such as not driving children, always being supervised and etc. A pre-employment medical examination and a medical examination every three years thereafter is required. One of the purposes for the pre and post employment medical examination is to assure that staff employment by the center do not post: a threat to the health, safety and well-being of children because of their health condition(s).

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 9/4/2014
Response: Has Alaska taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Alaska requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers. Alaska may require child care center employees to provide an evaluation from an appropriate professional affirming that the individual is free from problems that pose a significant risk to the health, safety, or well-being of a child in the child care center.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 7/28/2008
Response: Letter Mail Controlled 8/12/2008 3:54:55 PM MC# 2080480: Would need to be addressed by the Department of Administration, Division of Motor Vehicles. We have forwarded a copy to them for their direct response.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Alaska requires recurring criminal background checks, but does not require medical evaluations, for child care center drivers. Alaska may require child care center employees to provide an evaluation from an appropriate professional affirming that the individual is free from problems that pose a significant risk to the health, safety, or well-being of a child in the child care center.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060408) to our 6/2/2006 request for an update, which indicated that: Alaska requires criminal background checks of all child care center employees when the center applies for licensing, and licenses are extended or issued on a biennial basis. Although Alaska may require child care center employees to provide an evaluation from an appropriate professional affirming that the individual is free from problems that pose a significant risk to the health, safety, or well-being of a child in the child care center, Alaska does not mandate medical evaluations of child care center drivers to determine their fitness to drive.

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 8/15/2006
Response: Letter Mail Controlled 8/17/2006 3:06:15 PM MC# 2060408: Alaska requires criminal background checks of all childcvare center staff when the center applies for licensing, and licenses are extended or issued on a biennial basis. Although Alaska may require child care center staff to provide an evaluation from an appropriate professional affirming that the individual is free from problems that pose a significant risk to the health, safety, or well-being of a child in the child care center, Alaska does not mandate medical examinations of child care center drivers to determine their fitness to drive.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 7/28/2005
Response: The Safety Board notes, after review of 4 AAC 62.210 and AS 14.37.040, that Alaska requires the DHHS to review Federal, State, and municipal criminal justice information, medical records, licensing records, and protective services records for persons having contact with children at a child care facility when an application for child care licensing is submitted. The regulation states that "a child care facility and the department may require that an individual having contact with children in a child care facility provide an evaluation from a probation, health, or mental health professional affirming that the individual is free from problems that pose a significant risk to the health, safety, or well-being of a child in the child care facility," but does not require medical evaluations for all child care facility staff. In the Memphis, Tennessee, accident, the Board found that the driver of the accident van used marijuana, including the morning of the accident; that the driver fell asleep, likely due to an undiagnosed sleep disorder; and that he was unable to maintain control of the vehicle, all of which played a role in the accident. A medical examination might have revealed the driver's marijuana use and/or his sleep apnea. The Board would like to know whether the Division of Public Assistance's Child Care Program Office has taken or plans to take regulatory action to require medical examinations for all child care facility drivers. Pending receipt of this information, Safety Recommendation H-04-11 is classified "Open--Acceptable Response."

From: State of Alaska, Department of Health and Social Services
To: NTSB
Date: 6/24/2004
Response: Letter Mail Controlled 7/13/2004 9:07:03 AM MC# 2040403 Alaska Statute at Title 47.35 and Administrative Code 4 AAC 62 give our Division of Public Assistance, Child Care Program Office authority to monitor and provide oversight to all state-licensed child care facilities. Transportation is specifically addressed as follows: 4AAC 62.210 requires that drivers receive a criminal background check and have a medical examination to determine fitness to drive.

From: NTSB
To: District of Columbia, Department of Health
Date: 9/4/2014
Response: Has the District of Columbia taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: District of Columbia, Department of Health
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: The District of Columbia has not provided information on whether it requires recurring criminal background checks or medical evaluations for child care center drivers or whether it considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: District of Columbia, Department of Health
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: The District of Columbia has not provided information on whether it requires recurring criminal background checks or medical evaluations for child care center drivers or whether it considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: District of Columbia, Department of Health
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the following information: No response received. Staff has been unable to determine whether the District of Columbia requires recurring criminal background checks or medical evaluations for child care center drivers or whether the District considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 9/4/2014
Response: Has Oklahoma taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 8/4/2009
Response: On August 4, 2009, the Board reviewed and made appropriate changes to the status of this recommendation (Notation 8129) based on the following information: Oklahoma requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers. Oklahoma did not enact applicable legislation in 2007 or 2008.

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 9/2/2008
Response: Letter Mail Controlled 9/3/2008 2:20:08 PM MC# 2080536: The agency with jurisdiction over this matter is the Oklahoma Department of Human Services. To the best of our knowledge no legislation was passed in the last session to address this area. Attempts to meets the standards of 49, CFR, Part 571 should be addressed to the Oklahoma Department of Human Services. The contact at that department is Mitzi Lee at (405) 521-2556. The contact for the Oklahoma Department of Education is Randy McLaren at (405) 521-3472.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 2/29/2008
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7983) based on the following information: Oklahoma requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers. Oklahoma may require physical or psychological evaluations by licensed physicians or mental health professionals if there are reports or concerns that employees have physical, mental, or emotional conditions that impair their ability to perform their assigned responsibilities.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 4/27/2007
Response: The Board reviewed and made appropriate changes to the status of this recommendation (Notation 7878) based on the State’s response (MC2060598) to our 6/2/2006 request for an update, which indicated that: Oklahoma requires a criminal history investigation for all child care center employees and others with unsupervised access to children. Oklahoma does not require medical evaluations of child care center drivers, but may require physical or psychological evaluations by licensed physicians or mental health professionals if there are reports or concerns that employees have physical, mental, or emotional conditions that impair their ability to perform their assigned responsibilities.

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 8/16/2006
Response: Letter Mail Controlled 12/19/2006 9:13:50 AM MC# 2060598: Oklahoma requires: a criminal history investigation for all employees of child care programs and others with unsupervised access to children; and a physical or psychological examination by a licensed physician or mental health professional if there is a report or concern that an employee has a physical, mental, or emotional condition that impairs his or her ability to perform assigned responsibilities. Revised requirements effective June 1, 2006 for family child care homes, part-day children’s programs, and residential child care programs now include: "drivers have no conviction within the last three years of driving under the influence of alcohol or drugs or other impaired driving offense" (This was already included in child care centers and school-age programs) Oklahoma did not make changes to current licensing requirements regarding mandatory drug testing, periodic criminal background investigations or additional medical exams to determine fitness to drive.

From: NTSB
To: State of Oklahoma, Department of Human Services
Date: 4/12/2005
Response: The Safety Board notes that the State of Oklahoma may require a physical or psychological examination by a licensed physician or mental health professional if there is a report or concern that an employee has a physical, mental, or emotional condition that impairs his or her ability to perform assigned responsibilities. The Board also notes that Oklahoma requires a criminal history investigation for all employees of child care centers and others with unsupervised access to children. The Board believes that medical examinations should be required for all child care employees responsible for transporting children and that these examinations should be conducted prior to, or at the time of, employment. We would like to know whether Oklahoma plans to require such examinations; pending receipt of further information and implementation of such a requirement, Safety Recommendation H-04-11 is classified "Open--Acceptable Response."

From: State of Oklahoma, Department of Human Services
To: NTSB
Date: 7/13/2004
Response: Letter Mail Controlled 7/19/2004 11:47:15 AM MC# 2040420 Oklahoma currently provides oversight for child care transportation through state licensing requirements that include: · A criminal history investigation is required for all child care center employees and others that have unsupervised access to children. These are reviewed by OKDHS staff during licensing monitoring visits. · A physical or psychological examination by a licensed physician or mental health professional may be required if there is a report or a concern that an employee has a physical, mental, or emotional condition that impairs the employee's ability to perform assigned job responsibilities. A committee has been established and is meeting to discuss the possibility of drug and alcohol testing for employees that have a criminal history involving the use of alcohol and/or drugs. The child care licensing staff in Oklahoma have surveyed all child care centers to determine if they use 15 passenger vans in transporting children, if their insurance companies have placed any stipulations on their use of these vans, and if any modifications have been made to the van due to safety concerns. If was determined that approximately 1/3 of the licensed child care centers in Oklahoma are using 15 passenger vans and that very few insurance companies have placed any stipulations on the use of these vans. Due to the safety concerns, an information letter will be mailed to all licensed child care centers. The letter includes the safety recommendations from the National Transportation Safety Board regarding the of use of vehicles built to school bus standard (see attached). The Oklahoma DHS Division of Child Care will also share this information with the Child Care Advisory Committee for the consideration of a revision to licensing requirements. We will notify you of changes made in the future.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 9/4/2014
Response: Has Louisiana taken action to implement this recommendation? If no immediate action is planned, this recommendation's status will be reconsidered with a likely change to "Closed--Unacceptable Action."

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 7/29/2013
Response: On July 29, 2013, the Board approved appropriate changes to the status of this recommendation (Notation 8506) based on the following information: Twenty five states (AK, AZ, DE, GA, ID, KY, LA, ME, MN, MS, MT, NE, NV, NM, NY, ND, OK, OR, SD, TX, UT, VT, VA, WA and WY) do not require both criminal background checks and medical evaluations and have not taken action to implement this recommendation in recent years. Safety Recommendation H 04 11 is classified OPEN—UNACCEPTABLE RESPONSE for these 25 states, and an overall status of “Open?Unacceptable Response” for the recommendation.