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HomeMy WebLinkAbout1999-365P \SHARHD\DEMGL\0ur Docummte\0rdeo=m\99\Stmdwde of Coin Youth Program doe ORDINANCE NO % q - 36,6— AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING STANDARDS OF CARE FOR YOUTH PROGRAMS ADMINISTERED BY DENTON'S PARKS AND RECREATION DEPARTMENT PURSUANT TO TEXAS HUMAN RESOURCES CODE SECTION 42 041 (b) (14), AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas recognizes that many children of school age need an organized program for recreational activities after the end of the school day and for other non - school days, and WHEREAS, the City of Denton, Texas, through its Park and Recreation Department, proposes to operate a recreational program entitled Youth Programs for children to be operated at City Recreational Centers and schools of the Denton Independent School District, and WHEREAS, the City of Denton, Texas needs to adopt Standards of Care for this recreational program so licensing as a day care facility will not be necessary, and WHEREAS, the City of Denton, Texas has formulated a Standards of Care that at a minimum includes staffing ratios, minnnum staff qualifications, minimum facility, health and safety standards, and mechanisms for monitoring and enforcing the local standards, and further provides for notifying parents that the program is not licensed by the state and that the program may not be advertised as a day care facility, WHEREAS, on 5--1h day of 4�46L , 1999, the City of Denton held a public hearing on the above Standards of Care as required by Section 42 041(b)(14) of the Texas Human Resources Code, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City of Denton, Texas adopts the Standards of Care for Youth Programs which is attached as Exhibit "A" and incorporated herein by reference as if written word for word pursuant to Section 42 041 (b) (14), Texas Human Resources Code SECTION 2 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 56day of 1999 ATTEST; JENNIFER WALTERS, CITY SECRETARY P \shared\dgA"L\Om O mmta\0rdmmcm\99\Smnderdu of Care YouN Program doc APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 2 CITY OF DENTON YOUTH SERVICES STANDARDS OF CARE The following Standards of Care have been adopted by the City Council of the City of Denton, Texas in order to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session The Standards of Care are intended to be minimum standards by which the City of Denton Parks and Recreation Department will operate the City's Youth Programs The programs operated by the City are recreational in nature and are not day care programs GENERAL ADMINISTRATION Organization A The governing body of the City of Denton Youth Programs is the City of Denton City Council B Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Director and Departmental employees C Youth Programs ("Program") to which these Standards of Care will apply are the After School Action Site, Holiday Camps, Kids Day Off, Summer Camps, Middle School After School Program and Teen Summer Camp programs D Each Youth Program site will have available for public and staff review a current copy of the Standards of Care E Parents of participants will be provided a current copy of the Standards of Care during the registration process F Criminal background checks will be conducted on prospective staff No person with conviction or who is under indictment for, or is the subject of an official criminal complaint alleging violation of any of the crimes listed in the Texas Department of Protective and Regulatory Service's Day Care Center Minimum Standards and Guidelines Appendix II as same may be amended or a felony violation of the Texas Controlled Substance Act may be present while children are in care An example of current Appendix 11 is attached as Exhibit A 2 Definitions A City City of Denton B City Council City Council of the City of Denton C Department Parks and Recreation Department of the City of Denton D Youth Programs or Program City of Denton Youth Programs consisting of the After School Action Site, Holiday Camps, Kids Day Off, Summer Camps, Middle School After School Program and Teen Summer Camp programs E Program Manual Notebook of policies, procedures, required forms, and organizational and programming information relevant to City of Denton Programs F Director City of Denton Parks and Recreation Department Director or his or her designee G Program Manager or Manager City of Denton Parks and Recreation Department full-time Programmer who has been assigned administrative responsibility for a City of Denton Youth Program H Program Specialist or Specialist City of Denton Parks and Recreation Department full-time employee who has been assigned responsibility to implement the City'sYouth Programs Program Site Area and facilities where City of Denton Youth Programs are held consisting of Civic Center, Martin Luther King Recreation Center, Dema Recreation Center, North Lakes Recreation Center, McMath Middle School, Evers Elementary, Hodge Elementary, McNair Elementary, Lee Elementary, Houston Elementary, Borman Elementary, Rivera Elementary, Rayzor Elementary, Ginnmgs Elementary, Wilson Elementary Participant A youth whose parent(s) have completed all required registration procedures and determined to be eligible for a City of Denton Youth Program K Parent(s) This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren)/teen(s) in City of DentonYouth Programs L Employee(s) Term used to describe people who have been hired to work for the City of Denton and have assigned responsibility for managing, administering, or implementing some portion of the City of Denton Youth Programs Inspections/Monitonng/Enforcement A A monthly inspection report will be initiated by the Specialist of each Program to confirm the Standards of Care are being adhered to 4 (1) Inspection reports will be sent to the Manager for review and kept on record for at least two years (2) The Manager will review the report and establish deadlines and criteria for compliance with the Standards of Care B The Manager will make visual inspections of the Program based on the following schedule (1) Each After School Program site will be inspected bimonthly, (2) The Holiday Camp Program will be inspected once during its holiday schedule, and (3) The Summer Camp Program will be inspected twice during the summer break (4) The Middle School After School Program site will be inspected bimonthly, (5) Teen Camp Program will be inspected once during the summer break, (6) The Kids Day Off Program will be inspected three times a year, C Complaints regarding enforcement of the Standards of Care will be directed to the Manager The Manager will be responsible to take the necessary steps to resolve the problems Complaints regarding enforcement of the Standards of Care and their resolution will be recorded by the Specialist Serious complaints regarding enforcement of the Standards of Care will be addressed by the Director and the complaint and resolution will be noted D The Director will make an annual report the City Council on the overall status of the Youth Programs and their operation relative to compliance with the Standards of Care 4 Enrollment A Before a child can be enrolled, a parent must sign registration forms that contain the child's (1) name, address, home telephone number, (2) name and address of parents and telephone number during Program hours, (3) the names and telephone numbers of people to whom the child can be released, (4) a statement of the child's special problems or needs, (5) emergency medical authorization, (6) proof of residency when appropriate, and (7) a liability waiver Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code STAFFING - RESPONSIBILITIES AND TRAINING Youth Program Specialist ("Specialist") Qualifications A Specialist will be full-time, professional employees of the City of Denton Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 7 of the document B Specialist must be at least 21 years old C Specialist must have a bachelor's degree from an accredited college or umversity Acceptable degrees include (1) Recreation Administration or General Recreation, (2) Physical Education, and (3) Any other comparable degree plan that would lend itself to working in a public recreation environment D Specialist must have two years experience planning and implementing recreational activities E Specialist must pass a background investigation including testing for illegal substances F Specialist must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards li G Specialist must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date 7 Specialist's Responsibilities A Specialists are responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care B Specialist are responsible to recommend for hire, supervise, and evaluate Coordinators and Leaders C Specialist are responsible to plan, implement, and evaluate programs Youth Program Coordinator ("Coordinator) and Leader ("Leader") Qualifications A Coordinators and Leaders will be part-time or temporary employees of the Parks and Recreation Department B Coordinators and Leaders working with children must be age 17 or older, however, each site will have at least one employee 18 years or older present at all times C Coordinators and Leaders should be able to consistently exhibit competency, good judgement, and self-control when working with children D Coordinators and Leaders must relate to children with courtesy, respect, tolerance, and patience E Coordinators and Leaders must have successfully completed a course in first aid and CPR based on either American Heart Association or American Red Cross standards An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work F Each Coordinator and Leader applicant must be able to furnish proof of a clear tuberculosis test within the 12 months prior to their employment date G Coordinators and Leaders must pass a background investigation including testing for illegal substances Coordinators and Leader Responsibilities A Coordinator and Leaders will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation 7 activities, and can participate in appropriate social opportunities with their peers B Coordinators and Leaders will be responsible to know and follow all City, Departmental, and Program standards, policies, and procedures that apply to City of DentonYouth Programs C Coordinators and Leaders must ensure that participants are released only to a parent or an adult designated by the parent All Program sites will have a copy of the Department approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Coordinator and Leader 10 Traimng/Onentation A The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities Specialists will provide each Coordinator and Leader with a Program manual specific to eachYouth Program B Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council C Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual D Program employees will be trained in appropriate procedures to handle emergencies E Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization F Program employees will be required to sign an acknowledgment that they received the required training OPERATIONS 11 Staff -Participant Ratio A In a City of Denton Youth Program, the standard ratio of participants to Leaders will be 17 to 1 In the event a Leader is unable to report to the Program site, a replacement will be assigned B Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special problems as identified by the participant's parent(s) during the registration process 12 Discipline A Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants B There must be no cruel or harsh punishment or treatment C Program employees may use brief, supervised separation from the group if necessary D As necessary, Program employees will initiate discipline reports to the parent(s) of participants Parents will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents E A sufficient number and/or severe nature of discipline reports as detailed in the Program Manual may result in participant being suspended from the Program F In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible 13 Programming A Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities The activities must be appropriate to participants' health, safety, and well-being The activities also must be flexible and promote the participants' emotional, social, and mental growth B Program employees will attempt to provide that indoor and outdoor times include (1) alternating active and passive activities, (2) opportunity for individual and group activities, and (3) outdoor time each day weather permits C Program employees will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program (1) During trips, Program employees supervising participants must have immediate access to emergency medical forms and emergency contact 0 information for each participant (2) Program employees must have a written list of the participants in the group and must check the roll frequently (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips 14 Communication A Each Program site will have a pager to allow the site to be contacted by Parks and Recreation personnel, and each site will have access to a telephone for use in contacting the Civic Center or making emergency calls B The Coordinator will post the following telephone numbers adjacent to a telephone accessible to all Program employees at each site (1) Denton ambulance or emergency medical services, (2) City of Denton Police Department, (3) City of Denton Fire Department, (4) Civic Center, (5) Numbers at which parents may be reached, and (6) The telephone number for the site itself 15 Transportation A Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent of the participant, must be filed with the Specialist B First aid supplies and a first aid and emergency care guide will be available in all Program vehicles that transport children C All Program vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compart- ment of the vehicle and must be accessible to the adult occupants FACILITY STANDARDS 10 16 Safety A Program employees will inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants A daily inspection report will be completed by Program employees and kept on file by the Specialist B Buildings, grounds, and equipment on the Program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants C Program equipment and supplies must be safe for the participants's use D Program employees must have first aid supplies readily available at each site, during transportation to an off -site activity, and for the duration of any off -site activity E Program air conditioners, electric fans, and heaters must be mounted out of participants' reach or have safeguards that keep participants from being injured F Program porches and platforms more than 30 inches above the ground must be equipped with railings participants can reach G All swing seats at Program sites must be constructed of durable, lightweight, relatively pliable material H Program employees must have first aid supplies readily available to staff in a designated location Program employees must have an immediately accessible guide to first aid and emergency care 17 Fire A In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a designated safe area B The Program site will have an annual fire inspection by the local Fire Marshal, and the resulting report will detail any safety concerns observed The report will be forwarded to the Director who will review and establish deadlines and criteria for compliance Information from this report will be included in the Director's annual report to the Council C Each Program site must have at least one fire extinguisher approved by the Fire Marshal readily available to all Program employees The fire extinguisher is to be inspected monthly by the Leaders, and a monthly report will be forwarded to the Specialist who will keep the report on file for a minimum of two years All Program employees will be trained in the proper use 11 of fire extinguishers D Fire drills will be initiated at Program sites based on the following schedule (1) After School Program and Middle School After School program A fire drill once every three months (Program employees will confer with school staff to ensure that city and school procedures do not conflict) (2) Spring Break Camp and Holiday Camp A fire drill once during the session (3) Summer Camp Mama A fire drill twice during the session (4) Teen Camps A fire drill once during session 18 Health A Illness or Injury (1) A participant who is considered to be health or safety concern to other participants or employees will not be admitted to the Program (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the Program manual (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease B Program employees will administer medication only if (1) Parent(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time and dosages The form will include a hold harmless clause to protect the City (2) Prescription medications are in the original containers labeled with the child's name, a date, directions, and the physician's name Program employees will administer the medication only as stated on the label Program employees will not administer medication after the expired date (3) Nonprescription medications are labeled with the child's name and the 12 date the medication was brought to the Program Nonprescription medication must be in the original container Program employees will administer it only according to label direction (4) Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program employees No injections will be administered by the Program employees (5) Program employees must ensure medications are inaccessible to participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food C Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed (2) There must be on flush toilet for every 30 children Unnals maybe counted in the ratio of toilets to children, but they must not exceed 50% of the total number of toilets (3) An appropriate and adequate number of lavatories will be provided D Sanitation (1) The Program facilities must have adequate light, ventilation, and heat (2) The Program must have an adequate supply of water meeting the standards of the Texas Department of Health for drinking water and ensure that it will be supplied to the participants in a safe and sanitary manner (3) Program employees must see that garbage is removed from buildings daily 13 APPENDIX II Criminal Offenses from the Texas Penal Code The following constitute criminal offenses included in the Texas Penal Code, Sections 19-25 and Section 43 Title 5 Offenses Against the Person Murder Capital murder Voluntary manslaughter Involuntary manslaughter Criminally negligent homicide False imprisonment Kidnapping Aggravated kidnapping Rape Aggravated rape Sexual abuse Aggravated sexual abuse Homosexual conduct Public lewdness Indecent exposure Rape of a child Sexual abuse of a child Indecency with a child Assault Title 6 Offenses Against the Family Bigamy Incest Interference with child custody Enticing a child Criminal non support Sale or purchase of a child Solicitation Harboring a runaway child Violation of a court order Section 43 Public Indecency Prostitution Promotion of prostitution Aggravated assault Sexual assault Aggravated sexual assault Deadly assault on a peace officer Injury to a child or an elderly individual Reckless conduct Terroristic threat Aiding suicide Tampering with consumer products Aggravated promotion of prostitution Compelling prostitution Obscene display or distribution Obscenity Sale, distribution, or display of harmful material to a minor Sexual performance by a child