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Safety Recommendation Details

Safety Recommendation H-04-013
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: Review by an oversight agency of periodic driver background checks, medical examinations, and drug test results.
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 - Acceptable Response)
Commonwealth of Massachusetts, Office of Child Care Services (Open - Unacceptable Response)
Commonwealth of Pennsylvania, Department of Public Welfare (Open - Unacceptable Response)
Commonwealth of Virginia, Department of Social Services (Open - Acceptable Response)
District of Columbia, Department of Health (Open - Unacceptable Response)
State of Alabama, Department of Human Resources (Open - Acceptable Response)
State of Alaska, Department of Health and Social Services (Open - Acceptable 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 (Open - Acceptable Response)
State of Colorado, Department of Human Services (Open - Unacceptable Response)
State of Connecticut, Department of Public Health (Open - Unacceptable 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 - Acceptable Response)
State of Hawaii, Department of Human Services (Open - Acceptable Response)
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 (Open - Unacceptable Response)
State of Kansas, Department of Health and Environment (Open - Unacceptable 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 - Acceptable Response)
State of Mississippi, Department of Health (Open - Acceptable Response)
State of Missouri, Department of Health and Senior Services (Open - Unacceptable Response)
State of Montana, Department of Public Health and Human Services (Open - Unacceptable Response)
State of Nebraska, Department of Health and Human Services (Open - Acceptable Response)
State of Nevada, Department of Human Resources (Open - Unacceptable Response)
State of New Hampshire, Department of Health and Human Services (Open - Unacceptable Response)
State of New Jersey, Department of Human Services (Closed - Reconsidered)
State of New Mexico, Department of Children, Youth, and Families (Open - Acceptable 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 (Open - Acceptable Response)
State of Oklahoma, Department of Human Services (Open - Acceptable Response)
State of Oregon, Employment Department (Open - Acceptable 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 - Acceptable 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 - Acceptable Response)
State of West Virginia, Department of Health and Human Services (Open - Acceptable Response)
State of Wisconsin, Department of Health and Family Services (Open - Acceptable Response)
State of Wyoming, Department of Family Services (Open - Acceptable 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 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 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 not medical evaluations, for child care center drivers. It does not require drug testing. Should a child care center employee or anyone transporting children in a licensed facility test positive for drugs, including alcohol, and the fact becomes known to the oversight agency, it would take steps to prevent the individual from ever transporting children for child care centers. Mississippi requires review by an oversight agency of criminal background checks.

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 not medical evaluations, for child care center drivers. The State does not require drug testing. Should a child care center employee or anyone transporting children in a licensed facility test positive for drugs, including alcohol, and the fact becomes known to the oversight agency, it would take steps to prevent the individual from ever transporting children for child care centers. Mississippi requires review by an oversight agency of criminal background checks.

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 (MC2060371) to our 6/2/2006 request for an update, which indicated that: Mississippi requires recurring criminal background checks, but not medical evaluations. Mississippi does not require drug testing. Should a child care center employee or anyone transporting children in a licensed facility test positive for drugs, including alcohol, and the fact becomes known to the oversight agency, Mississippi would take steps to prevent the individual from ever transporting children for child care centers. According to information received subsequent to Mississippi's annual letter, Mississippi inspects child care centers prior to issuing or renewing a license to assure compliance with regulations, including driver requirements; licenses are renewed annually, so inspections are conducted annually.

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: There are no provisions in the child care facility licensing regulations or State law that require an oversight program that periodically reviews driver medical examinations and drug test results. Criminal background checks as described in H-04-011, above, are required every five (5) years.

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: 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 has not provided information on whether it requires review by an oversight agency or whether it considered applicable legislation or regulations in 2007 or 2008.

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 has not provided information on whether it requires review by an oversight agency, and its 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 session 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: Staff has been unable to determine whether Texas conducts inspections or 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.usllookbeforeyouIeave/main.asp or www.lookbeforeyou1eave.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 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 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 confirms that it requires initial, not recurring, criminal background checks, but does not require any medical evaluations, for child care center drivers. It does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Montana's Department of Public Health and Human Services has oversight on whether child care centers conduct periodic background checks and requires a statement of health for drivers.

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, but does not require any medical evaluations, for child care center drivers. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Montana's Department of Public Health & Human Services has oversight on whether child care centers conduct periodic background checks and requires a statement of health for drivers. It has not provided information on whether it conducts inspections to confirm whether criminal background checks and medical evaluations were completed or whether Montana considered applicable legislation or regulations in 2006 or 2007.

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: Montana requires an initial criminal background check and annual statements of health for each employee. Montana does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. According to MC 2060355, Montana's Department of Public Health & Human Services has oversight on whether child care centers conduct periodic background checks and requires a statement of health for drivers. Staff has been unable to determine whether Montana conducts inspections to confirm whether criminal background checks and medical evaluations were completed or whether Montana considered applicable legislation or regulations in 2005 or 2006.

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: 'l'he Montana Department of Public Health & Human Services does have oversight on whether child care centers conduct periodlc driver background checks and require statement of health for drives. Drug tests, however, are not required.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 2/26/2015
Response: We are disappointed that you have not required the recommended testing and reviews of child care center drivers, and that you have no plans to implement this recommendation. Accordingly, Safety Recommendation H-04-13 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 has not taken any action to require a medical evaluation for child care center drivers, and thereare no plans to require it. Maine does require a background check.

From: NTSB
To: State of Maine, Department of Health and Human Services
Date: 9/4/2014
Response: Has Maine 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 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 not medical evaluations, for child care center drivers. Maine does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Although it requires child care centers to make employee records available for inspection for licensing purposes, Maine has not provided information on how often it requires review by an oversight agency of criminal background checks. It has not provided information on whether it has considered applicable legislation or regulations in 2007 or 2008.

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 not medical evaluations, for child care center drivers. Maine does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Although it requires child care centers to make employee records available for inspection for licensing purposes, Maine has not provided information on how often it requires review by an oversight agency of criminal background checks. It also has not provided information on whether it has considered applicable legislation or regulations in 2006 or 2007.

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 recurring criminal background checks, but not medical evaluations. Maine does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Although Maine requires child care centers to make employee records available for inspection for licensing purposes, staff has been unable to determine how often Maine conducts inspections to confirm whether criminal background checks were completed or whether the State has considered applicable legislation or regulations in 2005 or 2006.

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's Rules for the Licensing of Child Care Facilities § XII B.4, makes personnel records available for inspection for licensing purposes by the Division of Licensing and Child Protective Services staff. However, because Maine does not require medical examinations and drug testing for child care staff responsible for transporting children, the full intent of this recommendation has not been met. Pending action to require medical examinations and drug testing and a requirement that this information be available for review, Safety Recommendation H-04-13 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 transportation that includes the following elements: Review by an oversight agency of periodic background checks, medical examinations, and drug test results. NTSB Response/Questions: South Carolina requires initial, not recurring, criminal background checks and medical evaluations for child care center drivers, and does not require drug testing. It requires review by an oversight agency of criminal background checks and medical evaluations. Has South Carolina 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". Status: No legislation has been filed in the 2013-2014 session of the South Carolina General Assembly which addresses 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 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 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, and does not require drug testing. It requires review by an oversight agency of criminal background checks and medical evaluations.

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, and does not require drug testing. It requires review by an oversight agency of criminal background checks and medical evaluations.

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: South Carolina requires at least an initial criminal background check and medical evaluation. South Carolina does not require drug testing. According to MC 2060311, South Carolina's Department of Social Services conducts periodic reviews to confirm whether criminal background checks and medical evaluations were completed.

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: Currently, the SC Department of Social Services conducts periodic reviews of background checks, medical examinations and drug test results of child care transportation providers.

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 11/21/2014
Response: -From Steven O. Dale, Governor’s Representative for Highway Safety: Thank you for allowing the State of West Virginia to respond to your Safety Recommendations of September 4, 2014. In the last few years West Virginia has passed a model Child Passenger Safety Law, Primary Seatbelt Law, Primary Texting and Hand Held Cell Phone Law, and is recognized as a DRE State. We have made significant progress and will continue to work towards making our roadways safe. Highway safety is a priority within State Government. West Virginia will review in depth all your recommendations and take them under consideration. The Governor's Highway Safety Program (GHSP) makes programming decisions based upon West Virginia Data as opposed to National Data because of our state's topography and small population base. Therefore, with that in mind what follows is West Virginia's response to your recommendations. West Virginia requires recurring criminal background checks and medical evaluations for child care center drivers. It does not require drug testing, but, West Virginia prohibits anyone who tests positive for drugs from transporting children. It requires review by an oversight agency of criminal background checks, medical examinations, and drug test results. No oversight agency has been identified. Currently, drivers are required to submit to periodic criminal background checks and medical evaluations. Verification of these requirements is completed by the child care center licensing specialist assigned to the center.

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 11/21/2014
Response: -From Steven O. Dale, Governor’s Representative for Highway Safety, West Virginia Department of Transportation, Division of Motor Vehicles: No oversight agency has been identified. Currently, drivers are required to submit to periodic criminal background checks and medical evaluations. Verification of these requirements is completed by the child care center licensing specialist assigned to the center.

From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 9/4/2014
Response: Has West Virginia 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 West Virginia, 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: West Virginia requires recurring criminal background checks and medical evaluations for child care center drivers. It does not require drug testing, but, West Virginia prohibits anyone who tests positive for drugs from transporting children. It requires review by an oversight agency of criminal background checks, medical examinations, and drug test results.

From: NTSB
To: State of West Virginia, 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: West Virginia requires recurring criminal background checks and medical evaluations for child care center drivers. It does not require drug testing, but, according to MC 2070314, West Virginia does prohibit anyone who tests positive for drugs from transporting children. It requires review by an oversight agency of criminal background checks, medical examinations, and drug test results.

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 7/2/2007
Response: Letter Mail Controlled 7/3/2007 9:56:07 AM MC# 2070314: WV. Dept. Education - Ben Shew - No Change in status as of 6/1/07 DHHR Response- The West Virginia Departmento f Health and Human Resources is required to do an on-site evaluation of a child care driver background checks, medical examinations, and drug test results center annually. On site inspections including a review of personnel files for appropriate background checks and screenings are conducted at least every two years prior to renewing a child care center license. Regulations require center staff to submit to criminal background checks, abuse and neglect background checks, health assessments including hearing and vision screenings and, for drivers, a check of the driving record. Health assessments are required every two years criminal background checks every five years. Child care center stafl are required to report arrests or indictments that occur while employed.

From: NTSB
To: State of West Virginia, 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 (MC2060292) to our 6/2/2006 request for an update, which indicated that: West Virginia requires recurring criminal background checks and medical evaluations. West Virginia does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. West Virginia requires an annual on-site evaluation of every child care center, but a random sample of records is examined every 2 years.

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 6/20/2006
Response: Letter Mail Controlled 6/20/2006 10:47:40 AM MC# 2060292: West Virginia requires an annual on-site evaluation of every child care center, but a random sample of records is examined every 2 years. Criminal background checks are completed at the time of hiring; although physician statements for child care center staff are required annually, no physical is required. West Virginia does not require drug testing. Full mplementation of this recommendation is under review.

From: NTSB
To: State of West Virginia, Department of Health and Human Services
Date: 3/24/2006
Response: The Safety Board notes that the Partners Implementing an Early Care and Education System (PIECES) Regulations and Standards Committee, a council established to address the system of early care and education in the State of West Virginia for children ages birth through 5 years, is in the process of reviewing and making recommendations on revisions to child care regulations. Until the review is complete, the PIECES committee has recommended that, as child care centers replace their multi-passenger vehicles, they replace them with vehicles built to school bus standards or to standards for multi-function school activity buses. The Board appreciates receiving the information that all licensed child care centers have received copies of the National Highway Traffic Safety Administration's recommendations regarding the use of multi-passenger vans. The Board also notes that the PIECES committee is considering a requirement for the periodic review of driver background checks, medical examinations, and drug testing results and vehicle labeling as recommended. Pending completion of the committee's review of child care regulations and the Board's receipt and review of West Virginia's revised child care regulations, Safety Recommendations H-04-8, -13, and -14 remain classified "Open-Acceptable Response."

From: State of West Virginia, Department of Health and Human Services
To: NTSB
Date: 5/6/2005
Response: Letter Mail Controlled 5/24/2005 7:59:53 AM MC# 2050215 Random sampling of personnel records are conducted during the monitoring year for a licensed center. Personnel records are reviewed during the on-site inspection for the license renewal every two years. Criminal background checks are conducted on child care center staff upon hiring and at least every 5 years thereafter…As stated above, the Regulations and Standards Committee is in the process of reviewing and making recommendations on the revision to child care center licensing regulations. Staff health exams, background checks and drug screens are being considered in the review process. The Department agrees to update the NTSB as recommendations for change are made.

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 Code § 49-2B-10 mandates that the Department conduct an annual on-site evaluation of each child care center; it further allows all records, personnel, and premises related to child care center to be subject to inspection. Based on Safety Board staff conversations with the Department, we understand that random samplings of records are done every other year, as child care licenses are good for 2 years. Additionally, criminal background checks are only conducted at the time of hiring and while physician statements must be received for child care staff annually, a physical is not required for such statements. The Board points out that the State of Tennessee, the State in which the accident occurred, had a similar mandate, but this did not ensure the review of the specific documents mentioned in our recommendation. The Board would like to know whether West Virginia has plans to require a regular review of driver background checks, medical examinations; and drug test results for all child care center staff. Pending receipt of information regarding West Virginia's plans to implement this recommendation, Safety Recommendation H-04-13 is classified "Open--Acceptable Response."

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 West Virginia Code § 49-2B-10 mandates the Department to conduct an annual on-site evaluation of each child care center. It further allows all records, personnel and premises related to the child care center to be subject to inspection. Licensing staff review personnel and other records, incident reports and conduct interviews during the on-site evaluation.

From: NTSB
To: State of New Hampshire, Department of Health and Human Services
Date: 9/4/2014
Response: Has New Hampshire 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 Hampshire, Department of Health and Human Services
Date: 7/6/2010
Response: Please advise what action New Hampshire has taken to implement this recommendation.

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. New Hampshire has not confirmed whether these background checks and medical evaluations are recurring. It does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. It also does not require review by an oversight agency, and there is no pending legislation to implement this element.

From: State of New Hampshire, Department of Health and Human Services
To: NTSB
Date: 6/27/2008
Response: MC# 2080404: There is curreritly no oversight agency in NH that reviews periodic driver background checks, medical examinations, and drug test results. This would require legislation. There are currently no pending proposals to do this.

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 review by an oversight agency 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 conducts inspections 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: 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 has not provided information on whether it requires review by an oversight agency or whether it considered applicable legislation or regulations in 2007 or 2008.

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 recurring criminal background checks, but not medical evaluations, for child care center drivers. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Delaware's Office of Child Care Licensing (Criminal History Unit) conducts criminal background checks and provides subsequent arrest information, when appropriate, to each child care center. Delaware has not provided information on whether it requires review by an oversight agency or whether it considered applicable legislation or regulations in 2006 or 2007.

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 (MC2060311) to our 6/2/2006 request for an update, which indicated that: Delaware requires recurring criminal background checks, but not medical evaluations. Delaware does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. According to MC 2060331, Delaware's Office of Child Care Licensing (Criminal History Unit) conducts criminal background checks and provides subsequent arrest information, when appropriate, to each child care center. Staff has been unable to determine whether Delaware conducts inspections to confirm whether criminal background checks were completed or whether Delaware considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of California, Department of Social Services
Date: 9/4/2014
Response: Please provide information on the oversight agency responsible for child care center review. Has California 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 California, 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: California requires recurring criminal background checks and medical evaluations for child care center drivers. It also requires random drug testing. California requires review by an oversight agency of criminal background checks and medical evaluations. The California Highway Patrol does not have a program for child care center transportation. However, staff concludes, based on previous correspondence, that the Highway Patrol is not the child care center oversight agency.

From: State of California, Department of Social Services
To: NTSB
Date: 8/27/2008
Response: Letter Mail Controlled 8/28/2008 3:17:38 PM MC# 2080523: California requires recurring criminal background checks and medical evaluations. California does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. California ensures compliance with these requirements through unannounced facility inspections, complaint investigations, consultations, education and technical support, and by issuing deficiency notifications. In 2007 or 2008, did California consider legislation or regulations to establish the remaining elements of this recommendation? Has there been or will there be any effort to address the remaining elements of this recommendation? CA 2008 Response - California requires a background check and medical evaluation for drivers of the following vehicles: school bus, school pupil activity bus, youth bus, and general public paratransit vehicle. California requires drug and alcohol testing compliance if the vehicle meets the federal definition of a bus. California ensures compliance with these requirements through unannounced facility inspections, complaint investigations, consultations, education and technical support, and by issuing deficiency notifications. However, drivers of child care center transportation vehicles (passenger vehicles) are not required to submit to a background check, medical evaluation, or drug testing. The CHP did not consider legislation or regulations in 2007 and 2008, since statutes and regulations addressing the recommended elements already exist for school bus, school pupil activity bus, youth bus, and general public paratransit vehicle.

From: NTSB
To: State of California, 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: California requires recurring criminal background checks and medical evaluations for child care center drivers. According to MC 2070348, it also requires random drug testing. California requires review by an oversight agency of criminal background checks and medical evaluations.

From: State of California, Department of Social Services
To: NTSB
Date: 7/12/2007
Response: Letter Mail Controlled 7/13/2007 12:44:13 PM MC# 2070348: California requires recurring criminal background checks and medical evaluations. Refer to Recommendation H-04-12 for drug testing of day care center drivers.

From: NTSB
To: State of California, 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 (MC2060379) to our 6/2/2006 request for an update, which indicated that: California requires recurring criminal background checks and medical evaluations. California does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. California ensures compliance with these requirements through unannounced facility inspections, complaint investigations, consultations, education, and technical support, and by issuing deficiency notifications.

From: State of California, Department of Social Services
To: NTSB
Date: 7/28/2006
Response: Letter Mail Controlled 8/1/2006 8:14:16 AM MC# 2060379: California requires driver background checks through its criminal record clearance process and medical examinations through its health screening report requirement. California ensures compliance with these requirements through unannounced facility inspections, complaint investigations, consultations, education and technical support, and by issuing deficiency notifications. However, as noted above, California does not require preemployment, random, postaccident, and "for cause" drug testing of child care center drivers, and therefore, California does not monitor compliance. The Federal Administration for Children and Families Final Rule for Head Start requires drivers to have a commercial license. In turn, a commercial license requires medical exams every 2 years. The California Motor Vehicle Code requires a commerical license for drivers of vehicles "designed, used or maintained for carrying more than 10 passengers, including the driver." Some of the vehicles used by child care centers fit into this category as well as "15 passenger vans"

From: NTSB
To: State of California, Department of Social Services
Date: 11/23/2005
Response: The Safety Board notes that the CCDS ensures that child care facilities maintain compliance with all applicable laws and regulations through unannounced facility inspections, complaint investigations, consultations, education and technical support, and by issuing deficiency notices. The Board also notes that the CCDS, through the criminal record clearance process, receives reports of all arrest information after an employee passes the initial criminal record clearance. As previously noted, the Board would like to know what action California has planned to require drug testing for child care transportation providers. Pending receipt of this information, Safety Recommendation H-04-13 is classified "Open-Acceptable Response."

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: Through the criminal record clearance process described above the California Department of Social Services does receive reports of all subsequent arrest information after an employee passes the initial criminal record clearance process. Additionally, Class B licensed drivers must pass a criminal record clearance through the Department of Highway Patrol.

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 the Department requires announced and unannounced visits each year and that all aspects of transportation, including driver qualifications, are checked during each visit. The Board further notes that new agencies and agencies with any history of compliance problems receive a minimum of six unannounced visits per year. Follow-up is conducted as needed and monthly reports are run to ensure that all required visits are made. Accordingly, Safety Recommendation H-04-13 is classified "Closed--Reconsidered," as this requirement was 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 The Department requires a minimum of 1 announced visit per year and 1 unannounced visit per quarter (for a total minimum of 4 unannounced visits per year). New agencies and agencies with any history of compliance problems receive a minimum of 6 unannounced visits per year. All aspects of transportation, including driver qualifications, are required to be checked on every visit to the agency. In addition, the Department conducts a minimum of 1 unannounced visit to specifically check transportation during extreme weather conditions (e.g.. at least one extra visit during the hottest days of summer. and at least one extra visit during the coldest days of winter). Follow-up is then conducted as needed. In addition, front-line regulators are sent out in "teams" to ensure that larger and more complex operations can be thoroughly inspected, and management reports are run monthly in order to ensure that all required visits are being conducted in a timely manner.

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: Oversight is left to the discretion of the hiring agency. 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: 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 has not provided information on whether it requires review by an oversight agency or whether it considered applicable legislation or regulations in 2007 or 2008.

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 has not provided information on whether it requires review by an oversight agency or whether it considered applicable legislation or regulations in 2006 or 2007.

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: Staff has been unable to determine whether Nevada conducts inspections or whether Nevada considered applicable legislation or regulations in 2005 or 2006.

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: 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 not medical evaluations, for child care center drivers. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children, but does require review by an oversight agency of criminal background checks.

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 not medical evaluations, for child care center drivers. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children, but does require review by an oversight agency of criminal background checks. According to MC 2070347, Virginia reports no changes.

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: Virginia DMV sought assistance from the Virginia Department of Social Services (VDSS) in responding to this recommendation. VDSS reports no change from last year.

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: Virginia requires recurring criminal background checks, but not medical evaluations. Virginia does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. According to information received subsequent to Virginia's annual letter, Virginia's Department of Social Services must conduct at least 2 inspections annually, at least 1 of which must be "unannounced." Inspections include examining employee records; inspectors must check records at least annually, but some inspectors check records every time they conduct an inspection.

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 explained that as outlined by the Standards for Child Day Programs: Staff who drive a vehicle transporting children shall disclose any moving traffic violation that occurred five years prior to or during employment or assignment as a driver. Additionally, background checks (the Criminal Record Check, CPS Central Registry Clearance and the Sworn Disclosure statement) are required to be "re-done" every 3 years. Tuberculosis results are required every two years.

From: NTSB
To: State of New York, Department of Family Assistance
Date: 6/12/2015
Response: Although we note that employees of childcare programs in your state who qualify as commercial drivers (and are therefore subject to federal regulations) undergo regular oversight, we are disappointed that you have not required the recommended periodic testing and reviews of all drivers for childcare centers. Accordingly, Safety Recommendation H-04-13 is classified CLOSED—UNACCEPTABLE ACTION.

From: NTSB
To: State of New York, Department of Family Assistance
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. Article 19-A does provide an oversight program for some of the child care centers (those that operate vehicles seating 11 or more adult passengers in addition to the driver that have reported themselves to NYSDMV). The oversight program does include a onetime FBI background check and a NYS Division of Criminal Justice Services (DCJS) check with ongoing monitoring of new arrests. There is no periodic background check done or required and drug testing is a federal requirement for CDL operators. The oversight program does include pre-employment and biennial medical examinations, daily monitoring of NYS driving records annual and biennial requirements that evaluate and test a driver’s ability to safely operate a vehicle and knowledge of the regulations, laws and requirements that apply.

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: 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 has not provided information on whether it requires review by an oversight agency or whether it considered applicable legislation or regulations in 2007 or 2008.

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 has not provided information on whether it requires review by an oversight agency or whether it considered applicable legislation or regulations in 2006 or 2007.

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: Staff has been unable to determine whether New York conducts inspections or whether New York considered applicable legislation or regulations in 2005 or 2006.

From: NTSB
To: State of New Mexico, Department of Children, Youth, and Families
Date: 9/4/2014
Response: Has New Mexico 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 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 initial, not recurring, criminal background checks, but does not require medical evaluations, for child care center drivers. It does not require drug testing, although it prohibits drivers who have been convicted in the last 7 years of a misdemeanor or felony DWI/DUI from transporting children. New Mexico requires review by an oversight agency of criminal background checks.

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: Criminal background checks are conducted in accordance with "Criminal Records and Employment History Verification Provisions" (8.8.3 NMAC). Child care providers must receive a background check clearance (this check is not recurring if the provider remains employed at the same child care facility). CYFD's Child Care Licensing program annually reviews files to ensure that providers have a backround clearance. Providers are oftentimes child care vehicle drivers New Mexico did not consider legislation or regulations in 2007 or 2008 to establish any additional requirements. MTD: Depending on the size of the vehicle and usage, there are Federal Regulations pertaining to the physical fitness of drivers involved in passenger carrying operations, If not, New Mexico follows the federal regulations under CFR 49 Part 391. Medical exams and drug testing is adopted by the State under Title 18 if the vehicle meets the definition of a commercial 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 review by an oversight agency 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 conducts inspections 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: NC Division of Child Development staff monitor during annual compliance visits that either copies of medical statements or annual health questionnaires are on file for all staff, including transportation providers.

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 review by an oversight agency 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 review by an oversight agency 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 conducts inspections 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. It does not require drug testing, although it prohibits staff from being impaired by alcohol or drugs. Kansas does not require review by an oversight agency of criminal background checks and medical evaluations. It has not provided information on whether it considered applicable legislation or regulations in 2007 or 2008.

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 does not require review by an oversight agency of criminal background checks and medical evaluations. Kansas has not provided information on whether it considered applicable legislation or regulations in 2006 or 2007.

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 does not require periodic checks by an oversight agency that confirms whether criminal background checks and medical evaluations were completed. Staff has been unable to determine whether Kansas considered applicable legislation or regulations in 2005 or 2006.

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 do not require periodic checks. A valid driver's license is required.

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 review by an oversight agency or whether Indiana 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 review by an oversight agency or whether Indiana 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 conducts inspections 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: 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 medical evaluations, for child care center drivers. It does not require drug testing, although it prohibits staff from being under the influence of alcohol or drugs on the center premises during hours of operation or at any other time or place where children are present for whom staff is responsible. Georgia requires review by an oversight agency of criminal background checks.

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: The Georgia Department of Human Resources does provide oversight for the child care centers’ by initially reviewing a transportation driver’s criminal history, and subsequently receiving information as to the fitness of the transportation driver from the center’s director. The Department does not employ child care center transportation drivers and doesn’t have legal authority to obtain medical records and/ or drug test results for drivers.

From: NTSB
To: State of Georgia, 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: Georgia has not provided information on whether it requires review by an oversight agency or whether it considered applicable legislation or regulations in 2006 or 2007.

From: State of Georgia, Department of Human Resources
To: NTSB
Date: 6/29/2007
Response: Letter Mail Controlled 7/3/2007 8:39:12 AM MC# 2070308: The licensing rules and Georgia law require all staff in a child care center to have a satisfactory state records check before they may work with children. 59 1 - 1 - 1-.09, O.C.G.A. 20-1A-39 Medical examinations and drug tests are not required.

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: Staff has been unable to determine whether Georgia conducts inspections or whether Georgia considered applicable legislation or regulations in 2005 or 2006.

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: Please see responses to H-04-11 and H-04-12. Under 0 20-2-1 121 , all persons employed as school bus drivers by any public school system in this state shall be subject to random testing for evidence of use of alcohol and illegal drugs. Not less than 50 percent of the school bus drivers in each public school system shall be tested annually in one or more random tests. For child care centers, there is no requirement for ongoing criminal background checks; however, if there is a reason to believe that a driver has gained a criminal record, the background check can be redone.

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: Do child care center reviews include review of criminal background checks and medical evaluations? Has Utah 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 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 initial, not recurring, criminal background checks and medical evaluations for child care center drivers. It does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Utah's Department of Health oversees the child care center program. Utah has not confirmed whether this includes review of criminal background checks and medical evaluations.

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: The Utah Department of Health oversees the child care program. However, no change to the current status has occurred. No additional legislation has been proposed to change the vehicle requirements to meet this recommendation.

From: NTSB
To: State of Utah, 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: Utah has not provided information on whether it requires review by an oversight agency or whether it considered applicable legislation or regulations in 2006 or 2007.

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: No change to the current status has occurred. No additional legislation has been proposed to change the vehicle requirements to meet this recommendation.

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 conducts inspections 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: Review by an oversight agency of periodic driver background checks, medical examinations, and drug test results. 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 (801) 538-6320

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: Wisconsin's Department of Children and Families provides oversight on the implementation of child care regulations, including criminal background checks and medical evaluations. 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. Drug testing for child care transportation providers is not required. 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 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 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. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Wisconsin requires review by an oversight agency of criminal background checks and medical evaluations. It did not consider applicable legislation.

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: As provided in our 2006 response, Wisconsin requires recurring criminal background checks and initial, not recurring, medical evaluations for child care center drivers. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Oversight for background checks and medical evaluations is performed through the Wisconsin Department of Children and Families. There was no legislation introduced during the 2007-08 session on this topic.

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. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Wisconsin requires review by an oversight agency of criminal background checks and medical evaluations.

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: Wisconsin requires recurring criminal background checks and an initial medical evaluation. Wisconsin does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. According to MC 2060344, Wisconsin's Department of Health & Family Services monitors whether child care center employees have completed their required physical exams, but the Department does not review the results of the exams. According to information received subsequent to Wisconsin's annual letter, the licensing staff does monitor programs to ensure that child care center criminal background check and medical examination reports are on file for all employees.

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: The Department of Hezlth & Family Services monitors submission of proof by childcare service providers that physical exams were completed, but this oversight does not includs review of the results of the exams.

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 DMV requires that drivers of these vehicle pass a driving record background check at the time they are issue a required chauffeur's license, but not on a reoccurring basis thereafter by DMV. The DCVF 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 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 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 and does not require drug testing. It requires review by an oversight agency of criminal background checks and medical evaluations.

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, and does not require drug testing. It requires review by an oversight agency of criminal background checks and medical evaluations. 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: None.

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: Rhode Island requires an initial medical evaluation and may require a criminal background check. Rhode Island does not require drug testing. According to information received subsequent to its annual letter, Rhode Island's oversight agency does conduct regular inspections of child care centers, and those inspections include confirming whether criminal background checks and medical evaluations were completed.

From: NTSB
To: State of Oregon, Employment Department
Date: 9/4/2014
Response: Has Oregon 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 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 not medical evaluations, for child care center drivers. It does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Oregon requires review by an oversight agency of criminal background checks.

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 recurring criminal background checks, but not medical evaluations, for child care center drivers. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Oregon requires review by an oversight agency of criminal background checks.

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 recurring criminal background checks, but not medical evaluations. Oregon does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Oregon conducts annual announced and unannounced inspections, which include confirming whether criminal background checks and medical evaluations were completed.

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: 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 not medical evaluations, for child care center drivers. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Washington requires review by an oversight agency of criminal background checks.

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 recurring criminal background checks, but not medical evaluations, for child care center drivers. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Washington requires review by an oversight agency of criminal background checks.

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 recurring criminal background checks, but not medical evaluations. The State does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Washington's oversight agency accesses criminal histories and law enforcement files for all child care center employees and volunteers. The State also conducts periodic checks every 3 years, more often if follow-up investigations are warranted.

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 child care licensors investigate all child care staff and volunteers by accessing criminal histories and law enforcement files. Routine periodic checks are conducted every three years, or more often if a follow-up investigation is warranted. We do not screen driver's records, however, we screen child care staff files ensuring a current, valid Washington state driver's license is on hand.

From: NTSB
To: State of Washington, Department of Social and Health Services
Date: 1/31/2005
Response: The Safety Board notes that child care licensers access criminal histories and law enforcement files for all child care staff and volunteers. The Board also notes that periodic checks are conducted every 3 years, more often if needed, and that child care staff files are reviewed to ensure staff has a current, valid Washington State driver's license. We would encourage you to regularly review drug-testing results, once testing begins. Pending receipt of further information, Safety Recommendation H-04-13 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 child care licensors investigate all child care staff and volunteers by accessing criminal histories and law enforcement files. Routine periodic checks are conducted every three years, or more often if a follow-up investigation is warranted. We do not screen driver’s records, however, we screen child care staff files ensuring a current valid Washington State driver’s license is on hand.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 9/4/2014
Response: Has Ohio 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 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 recurring criminal background checks and medical evaluations for child care center drivers. It does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Ohio requires review by an oversight agency of criminal background checks and medical evaluations.

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: Ohio requires the BCll and FBI criminal records checks upon hire for all child care employees and BCll updated every four years. Medical exams are required 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. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Ohio requires review by an oversight agency of criminal background checks and medical evaluations.

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: In the operation of School Buses in Ohio, all persons involved must have a cnminal background check and a medical evaluation pnor to operating school bus or van moving school children The cnminal background is required levery six years. Medical evaluations are yearly.

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 an initial criminal background check and recurring medical evaluations. The State does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Ohio conducts two inspections, one unannounced, every 12 months, and those inspections include confirming whether criminal background checks and medical evaluations have been completed.

From: NTSB
To: State of Ohio, Department of Job and Family Services
Date: 7/6/2005
Response: The Safety Board notes that ODJFS representatives inspect child care centers at least twice during every 12-month period and that at least one inspection is unannounced. The Board further notes that because Ohio requires medical examinations for child care staff, this recommendation has been partially met. Pending receipt of information regarding revisions to licensing rules to include a requirement for drug testing and driver background checks for child care staff, Safety Recommendation H-04-13 is classified "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: 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. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Arizona conducts at least one annual unannounced visit of child care centers, but it has not provided information on whether the visit includes confirming whether criminal background checks were completed. Arizona has not provided information on whether it has considered applicable legislation or regulations in 2007 or 2008.

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. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Arizona conducts at least 1 annual unannounced visit of child care centers, but it has not provided information on whether the visit includes confirming whether criminal background checks were completed. Arizona has not provided information on whether it has 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 recurring criminal background checks, but not medical evaluations. Arizona does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Arizona conducts at least 1 annual unannounced visit of child care centers, but staff has been unable to determine whether the visit includes confirming whether criminal background checks were completed. Staff also has been unable to determine whether Arizona has 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 Revised Statute Title 36, Chapter 7.1 Article 1, requires the department to conduct at least one unannounced visit annually of licensed child care facilities. The Board also notes that background checks are required for child care staff during the initial licensing application process and that child care licenses are valid for 3 years. The Board would like to know whether a review of driver background checks is conducted during these annual visits. As previously stated, the Board notes that Arizona does not have a requirement for medical examinations and drug testing. Pending receipt of previously requested information for medical examinations and drug testing and clarification of driver background check review requirements, Safety Recommendation H-04-13 is classified "Open--Acceptable Response."

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: 9/4/2014
Response: Has Iowa taken action to enact 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 Iowa, 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: Iowa requires recurring criminal background checks and medical evaluations for child care center drivers. Iowa does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. It requires child care centers to maintain employee records that include evidence of background checks, medical examinations, and copies of driver's licenses. These records are available to child care consultants during business hours, but Iowa has not provided information on how often it conducts inspections to confirm whether criminal background checks and medical evaluations have been completed. It also has not provided information on whether it has considered applicable legislation or regulations in 2007 or 2008.

From: NTSB
To: State of Iowa, 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: Iowa requires recurring criminal background checks and medical evaluations for child care center drivers. Iowa does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. It requires child care centers to maintain employee records that include evidence of background checks, medical examinations, and copies of driver's licenses. These records are available to child care consultants during business hours, but Iowa has not provided information on how often it conducts inspections to confirm whether criminal background checks and medical evaluations have been completed. Iowa has not provided information on whether it has considered applicable legislation or regulations in 2006 or 2007.

From: NTSB
To: State of Iowa, 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 (MC2060365) to our 6/2/2006 request for an update, which indicated that: Iowa requires recurring criminal background checks and medical evaluations. Iowa does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Iowa requires child care centers to maintain employee records that include evidence of background checks, medical examinations, and copies of driver's licenses. These records are available to child care consultants during business hours, but staff has been unable to determine how often Iowa conducts inspections to confirm whether criminal background checks and medical evaluations have been completed. Staff also has been unable to determine whether Iowa has considered applicable legislation or regulations in 2005 or 2006.

From: State of Iowa, Department of Human Services
To: NTSB
Date: 7/25/2006
Response: Letter Mail Controlled 7/27/2006 11:01:10 AM MC# 2060365: this would fall under DHS or Dept. of Ed.

From: NTSB
To: State of Iowa, Department of Human Services
Date: 2/7/2005
Response: In addition to the criminal and health requirements stated above, the Safety Board notes that staff involved in the transportation of children in Iowa must have a photocopy of a valid driver's license in their personnel files. The Board further notes that this information is placed in staff personnel records and is available to child care consultants during business hours. Because Iowa does not require drug testing and therefore cannot require that those results also be included in staff personnel records, the full intent of this recommendation has not been met. Pending receipt of revised regulations that include drug testing results, Safety Recommendation H-04-13 is classified "Open--Acceptable Response."

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: · Review by an oversight agency of periodic driver background checks, medical examinations, and drug test results. Iowa's requirement is that criminal and abuse record checks are conducted every two years and when the Department and centers become aware that a transgression has occurred. A public or civil offense is a transgression upon which an evaluation can be completed to determine whether a person should have conditions placed on their involvement with child care. Medical examinations are required every three years to determine if staff have health conditions that pose a threat to the health, safety and well-being of children. If staff are involved in the transportation of children, a photocopy of a valid drivers license must be in their personnel file.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 9/4/2014
Response: Has Alaska 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 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. It does not require drug testing, although it prohibits an individual from working in or having access to a child care center if that person has an alcohol or substance abuse problem to the extent that the problem poses a significant risk to the health, safety, or well-being of children in care. Alaska requires review by an oversight agency to determine whether centers are operating according to licensing regulations before extending provisional or issuing biennial licenses.

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. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Alaska requires review by an oversight agency of criminal background checks.

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 recurring criminal background checks, but not medical evaluations. Alaska does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. The State inspects child care centers to determine whether centers are operating according to licensing regulations before extending provisional, or issuing biennial, licenses.

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 inspects child care centers to determione whether centers are operating according to licensing regulations before extending provisional or issuing biennial licenses. However, Alaska does not mandate medical examinations or drug testing for child care center drivers.

From: NTSB
To: State of Alaska, Department of Health and Social Services
Date: 7/28/2005
Response: The Board notes that the DHHS issues provisional and biennial licenses to child care facilities, and that the department inspects and investigates the facilities to determine whether they are operating according to licensing regulations before extending a provisional or issuing a biennial license to a child care facility. As previously stated, the Board would like clarification of Alaska's drug testing requirements. Pending receipt and review of information clarifying Alaska's drug testing regulation, Safety Recommendation H-04-13 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: AS 47.35.110 and ACC 62.130 provide for review by an oversight agency of periodic driver background checks, medical examination, and drug test results.

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 review by an oversight agency or whether the District 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 review by an oversight agency or whether the District 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 conducts inspections 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 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 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 not medical evaluations, for child care center drivers. It does not require drug testing, although it prohibits child care centers from using drivers who have been arrested for impaired driving within the last 3 years prior to employment. Oklahoma requires review by an oversight agency of criminal background checks. 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 recurring criminal background checks, but not medical evaluations, for child care center drivers. It does not require drug testing and does not prohibit anyone who tests positive for drugs from transporting children. Oklahoma requires review by an oversight agency of criminal background checks.

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 recurring criminal background checks, but not medical evaluations. Oklahoma does not require drug testing or prohibit anyone who tests positive for drugs from transporting children. Oklahoma conducts licensing monitoring visits at least 3 times per year, at which time Oklahoma confirms whether criminal background checks were completed.

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: 0 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 Oklahoma Department of Human Services staff review the criminal history investigations of all child care center employees during licensing monitoring visits, which are conducted a minimum of three times per year. We would again like to emphasize the importance of (1) requiring periodic reviews of medical examinations, criminal background checks, and (2) conducting drug testing for child care employees responsible for transporting children and regular reviews of their personnel profiles, which should include this information. Pending receipt of further information regarding a requirement for medical examinations and drug testing for child care employees, Safety Recommendation H-04-13 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 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: 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: Louisiana has not provided information on whether it requires review by an oversight agency or considered applicable regulations in 2007 or 2008.

From: NTSB
To: State of Louisiana, Department of Social Services
Date: 2/29/2008
Response: