(A) Any vehicle owned or leased by a
foster caregiver and used to transport a foster child shall:
(1) Be maintained in a safe
condition and in compliance with all motor vehicle laws.
(2) Be covered by liability
insurance in accordance with current state laws.
(B)
(A)
A foster caregiver
shall
is to ensure:
(1)
Any person transporting a foster child in a motor vehicle shall be licensed to
drive that class of vehicle.
(2)
Any vehicle not owned or leased by the foster caregiver that is used to
transport a foster child shall be maintained in a safe condition according to
state laws.
(3)
Any vehicle owned or leased by the foster caregiver is
to be reliable, legal and safe for transportation with safety restraints, as
appropriate for the child.
(a)
Reliable transportation includes a properly maintained
vehicle or access to reliable public transportation.
(b)
Legal
transportation includes having a valid driving license, insurance and
registration as appropriate.
(c)
Safe
transportation includes safety restraints and allowing arrangements with family
friends and teen household members as appropriate.
(C)
(B) A foster caregiver shall ensure that a foster
child transported in a motor vehicle shall at all times be restrained by a seat
belt including both a lap belt and a shoulder belt in vehicles that are so
equipped.
(D)
(C) A foster caregiver shall ensure
complaince
compliance with any motor vehicle seat restraint
requirement of section
4511.81 of the Revised Code.
(E)
(D) If the foster child is less than eight years of
age and less than four feet nine inches in height, the child shall be properly
restrained in a booster seat if paragraph (D)
(C) of this rule
does not apply. The booster seat shall be placed in the back of any motor
vehicle that has a back seat.
(F)
(E) If paragraph
(D)
(C) of
this rule does not apply and the foster child is at least eight years of age
but not older than fifteen years of age the child shall be restrained in a belt
positioning booster seat in a forward-facing position or in a seat belt
including both a lap belt and a shoulder belt in vehicles that are so
equipped.
(G)
(F) All children age twelve and under shall ride in
the back seat of a motor vehicle that has a back seat and shall not ride in the
front seat of the vehicle unless the vehicle does not have a back seat. If a
foster child rides in the front seat of a vehicle as allowed by this rule, the
foster caregiver must disable the passenger side airbag if the vehicle is so
equipped.
(H)
(G) Paragraphs (C), (D),
(E), and (F)
(B), (C), (D) and (E) of
this rule do not apply to the foster caregiver who has a signed affidavit by a
licensed physician in Ohio or a licensed chiropractor in Ohio. The affidavit
shall state that the child who otherwise would be required to be restrained,
has a physical impairment that makes use of a child restraint system, booster
seat, or an occupant restraining device impossible or impractical, provided the
person operating the vehicle has safely and appropriately restrained the child
in accordance with any recommendation of the physician or chiropractor as noted
on the affidavit.
(I)
(H) Each foster caregiver shall ensure the recall and
safety information issued by the consumer product safety commission (CPSC)
related to child safety seats or booster seats are reviewed. Any safety
recommendations made by the CPSC in regard to child safety seats or booster
seats shall be implemented by the caregiver.
Notes
Ohio Admin. Code
5101:2-7-15
Effective:
6/15/2020
Five Year Review (FYR) Dates:
3/19/2020 and
06/15/2025
Promulgated
Under: 119.03
Statutory
Authority: 5103.03
Rule
Amplifies: 5103.02,
5103.03
Prior
Effective Dates: 12/30/1966, 10/01/1986, 02/01/1988, 01/01/1991, 09/01/2002,
10/08/2007, 02/01/2010, 04/15/2013,
07/01/2018
