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HomeMy WebLinkAbout1998-161ORDINANCE NO q a —1 (O i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ADOPTING STANDARD OF CARE FOR A RECREATION PROGRAM ENTITLED DENTON MIDDLE SCHOOL PROGRAM 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 the Denton Middle School Program for children of middle school age to be operated at the middle 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 with the cooperation and input from the Denton Independent School District has formulated a Standard of Care that at a mimmum includes staffing ratios, numtmum staff, qualifications, mmnmum 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, and WHEREAS, after the adoption of the standard of care, the City will then formalize an agreement with the Denton Independent School District to facilitate the Denton Middle School Program, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ES TC 1� That the City Council, City of Denton, Texas adopts the Standard of Care for the Denton Middle School Program 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 II. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the h day of , 1998 JACY40LLER, MAYOR Page 1 ATTEST JENNIFER WALTERS, CITY SECRETARY BY Q-Q h'- f1 APPRO D AS I LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY Zd,& - / Taak F \shared\dept\LOL\Our Documents\Ordinances\98\Denton Middle School Program standard of care doe Page 2 EXHIBIT "A" Denton Middle School Program Standards of Care The following Standards of Care are seeking adoption by the City Council of Denton, Texas to comply with the amendment to Section 42 041 (b) (14), Human Resources Code as approved by the Texas �,egislature during the 74ih legislative session Section 42 041 (b) (14), Human Resources Code An elementary -age (ages 5-13) recreation program operated by municipality provided the governing body of the municipality annually adopts standard of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinance shall include a minimum, staffing ratios, minimum staff" qual:ficat4ons, minimum facility, health and safety standards, and mechanisms for monitoring and enforcing the adopted local standards, and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a day-care facility The Standards of Care are intended to be minimum standards by which Denton Parks and Recreation and DISD will operate the Middle School Program. The program operated by the City and DISD is recreational and educational in nature and not a day-care program General Administration Definitions A City -City of Denton B City Council -City Council of the City of Denton C Department -Denton Parks and Recreation Department D, DISD-Denton Independent School District E DISD School Board -School Board of Denton Independent School District F Division -Community Education G Middle School Program -Denton Parks and Recreation and DISD's program operating at the middle school after school and other non -school day programs which last one week (5 days) or longer for middle school students H Program Manual -Notebook of policies, procedures, required forms, and organizational and programming information relevant to the Middle School Program Director -Denton Parks and Recreation Department Director or his/her designee Leisure Services Manager -Denton Parks and Recreation manager of designated leisure services area K Program Supervisor -Denton Parks and Recreation staff who has been assigned supervisory responsibility for the Middle School Program L Program Coordinator or Coordinator -Denton Parks and Recreation Department staff who has been assigned administrative responsibility for the Middle School Program M Program Leader/Site Leader -Denton Parks and Recreation Department part- time staff, seasonal staff, or volunteers who has been assigned responsibility to implement the Middle School Program N Program Site/Area-Area or facilities where the Denton Parks and Recreation and DISD's Middle School Program are held O Enrichment Staff-DISD full-time, part-time, seasonal staff, or volunteers who have been assigned responsibility to implement enrichment programs for the Middle School Program P All Leaders -Program leaders, enrichment leaders, and volunteers who have been assigned responsibility to implement the Middle School Program Q, Participant -A youth whose parent(s) or guardian(s) have completed all required registration procedures for the Middle School Program R Parent(s)-This term will be used to represent one or both parent(s) or guardian(s) who have legal custody and authority to enroll their child(ren) in the Middle School Program Organization A The governing body of the Middle School Program is the Denton City Council B Implementation of the Middle School Program Standards of Care is the responsibility of the Denton Parks and Recreation staff and DISD staff C These Standards of Care will apply to the Middle School Program D Each Program Site will have a current copy of the Standards of Care available for public and staff E Parents of Participants will be provided a current copy of the Standards of Care prior to the start of the Middle School Program, preferably during the registration process (1) 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 Services's Day - Care Center Minimum Standards and Guidelines Appendix II or a felony violation of the Texas Controlled Substance Act may be present while children are in care Inspection/MonitoringlEnforcement A The Coordinator of each Middle School Program to confirm compliance with the Standards of Care will initiate a monthly inspection report (1) Inspection reports will be sent to the Program Supervisor for review and kept on record for at least two years (2) The Program Supervisor will review the report and establish deadlines and criteria for compliance with the Standards of Care B The Leisure Services Manager will make visual inspections of the Middle School Program based on the following schedule (1) Each Middle School program site will be inspected bi-monthly This may be scheduled or unscheduled (2) The other non -school day Middle School Programs will be inspected once during the school break C Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator The Coordinator will be responsible for taking the necessary steps to resolve the problems The Coordinator will record complaints regarding enforcement of the Standards of Care and their resolution The Program Supervisor will address serious complaints regarding enforcement of the Standards of Care and the complaints and the resolution will be noted The Leisure Services Manger and Director will be notified if the problem continues D The Director will make an annual report to the City Council on the overall status of the Middle School Program and the operation relative to compliance with the adopted Standards of Care 4 gurollment A Before a child can become a Middle School Program participant, the parents must sign a registration form that contains the participant's (1) Name, address, and home telephone number, (2) In Case of Emergency contact names and telephone numbers, (3) The names of people to whom the participant can be released, (4) A statement of the child's special problems and/or needs (5) Authorization to administer medication, if necessary, (6) Emergency medical authorization, doctor's name, telephone number, and (7) A liability waiver 5. Suspected Abuse A Program Staff will report suspected child abuse in accordance with the Texas Family code, telephone number, (800) 252-5400 B Program Staff will receive basic training related to child abuse prevention and how to report suspected abuse Staffing -Responsibilities and Training Program Coordinator Qualifications A Coordinators will be staff of the Denton Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 8 of this document B Coordinators must be at least 21 years old C Coordinators should possess the following combination of experience and training (1) One year experience in coordinating, planning, or instructing recreation or educational program and events (2) Two years of college from an accredited institution with coursework in Recreation/Leisure, Park and Recreation Management, Physical Education, or a closely related field D Coordinators must be able to pass a background check including a test for illegal substance and drivers license check E Coordinators must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation (CPR) based on American Heart Association, American Red Cross or National Safety Council Standards and have current certification, or complete certification within one month of hire date F Coordinators must be able to furnish proof of a clear tuberculosis test taken within 12 months prior to their employment date G Coordinators must take a tuberculosis test every two years from their employment date and provide proof of a clear tuberculosis test Coordinator Responsibilities A Coordinators are responsible for administering the Middle School Program's daily operations in compliance with the adopted Standards of Care B Coordinators are responsible for recommending for hiring, supervising, and evaluating Leaders C Coordinators are responsible for planning, implementing, and evaluating the Middle School Program Program Leader (Leader) Qualifications A. Site Leaders will be part-time, temporary employees of Denton Parks and Recreation or volunteers Enrichment Leaders will be part-time, temporary employees of DISD B. Leaders working with Participants must be age 19 or older C All Leaders should be able to consistently exhibit competency, good judgement and self-control when working with Participants D Leaders must relate to Participants with courtesy, respect, tolerance and patience E Leaders should have current certification in first aid and CPR based on American Heart Association, American Red Cross or National Safety Council Standards, or complete certification within one month of hire date F Each leader applicant must be able to furnish proof of a clear tuberculosis test that was completed within the 12 months prior to his or her employment date G All leaders must pass a background investigation including a test for illegal substances and driver's license check H Site Leaders must take a tuberculosis test ever two years from their employment date and provide proof of a clear tuberculosis test 9. Leader Responsibilities A Leaders will be responsible for providing Participants with an environment in which they can feel safe, enjoy wholesome educational and recreational activities and participate in appropriate social opportunities with their peers B Leaders will be responsible to know and adhere to all City, Departmental, DISD, and the Middle School Program standards, policies, and procedures that apply to the Middle School Program C 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 guidelines to verify the identity of a person authorized to pick up a Participant if that Leader does not know that person 10. Training/Orientation A, The Department is responsible to provide training and orientation to the Middle School Program staff in working with Participants and for specific job responsibilities Coordinators will provide each Leader with a Program Manual B Leaders must be familiar with the Standards of Care for the Middle School Program as adopted by the City Council C Program Staff must be familiar with the Middle School Program policies, including discipline, guidance and release of Participants as outlined in the Program Manual D Program Staff will be trained in appropriate procedures to handle emergencies E Program Staff will be trained in areas including City, Department, DISD, and Middle School Program policies and procedures, recreation activity organization, safety issues, program organization, and other areas as required by the Middle School Program F Program Staff will be required to sign an acknowledgement that they have received the required training Operations 11. Staff -Participant Rations A In the Middle School Program, the standard ratio of Participants to Staff is 20 to 1 In the event a Leader is unable to report to the Program Site, the Coordinator will assign a replacement At the current time, we are not able to provide 1 on 1 supervision However, if a parent feels a participant needs more direct supervision, they may call the office B Each Participant will have a Program Staff who is responsible for him or her and who is aware of details of the Participant's habits, interests and any special problems as identified by the Participant's Parents during the registration process 12 Discipline A Program Staff will implement discipline and guidance in a consistent manner based on the best interests of the Participants B There will be no cruel treatment or harsh punishment C Program Staff will use brief, supervised, separation (personal attitude break) from the group if necessary D As necessary, Program Staff will initiate incident and/or discipline reports to the Parent(s) of Participants Parents will be asked to sign Participant discipline reports to indicate they have been advised about specific problems or incidents E Three discipline reports will result in a three-day suspension from the Middle School Program A fourth discipline report will result in removal from the program The Program Supervisor does reserve the right to deem any situation as reason for immediate suspension or removal from the program If a fight occurs, Program Staff does reserve the right to call the police and the police will notify the Participant's Parent(s) of the situation F Participants will be removed from the Program Site as soon as possible in instances of danger to other Participants, self, facilities, or Staff 13 Programming A Program Staff will provide cultural, educational, and recreational program for each group of Participants according to their ages, interests, and abilities The activities will be appropriate to Participant's health, safety, and well being The activities also will be flexible and promote the Participant's emotional, social, and mental growth B Program Staff will attempt to provide indoor and outdoor time periods to include (1) Alternating active and passive activities, (2) Opportunity for individual, small and large group activities, (3) Outdoor time each day as weather permits based on room availability and weather conditions, and (4) Enrichment classes C All Staff will be attentive and considerate of the Participant's safety on field trips and during any transportation provided by the Middle School Program (1) During field trips, Program Staff will have authorization for emergency medical care and emergency contact information for each Participant (2) All Staff will have a written list of the Participants in the group and must check the roll frequently, specifically before departure to and from destination (3) All Staff will have first aid supplies available on field trips (4) The Participant to Staff ratio during field trips is 15 to 1 14 Communication Each remote Program Site will have a pager to be contacted by Staff Each Program Staff will have access to a telephone for use in contacting Staff or making emergency telephone calls A At each Program Site the following telephone numbers will be posted adjacent to a telephone accessible to all Program Staff (1) Ambulance or emergency medical services (2) Police Department (3) Fire Department (4) Program Supervisor and Administrative Office (5) Telephone numbers and address for the Program Site itself (6) Telephone number of Coordinator's Office 15. Transportation A Enrolling in the program includes permission to transport participants for field trips B First aid supplies will be available in all Middle School Program vehicles that transport Participants C All vehicles used for transporting Participants will have a portable fire extinguisher installed D Seatbelts will be wom if provided E Participants will be oriented to expected behavior and safety rules F A sign will be posted three days prior to any field trip so parents are aware of the trip Facility Standards 16. Safety A Program Staff will inspect Program Sites daily for sanitation and safety concerns that might affect the health and safety of the Participants This checklist will be turned in weekly and kept on file by the Coordinator B A monthly building and grounds inspection will be completed by Program Staff C Program Site equipment and supplies will be safe for the Participants use D Program Staff will have first aid supplies available at each Program Site in a designated location, during transportation, and for the duration of any off -Site activity Program Staff will have an immediate access to a guide for first aid and emergency care E, Program Site air conditioners, electric fans, and heaters will have safeguards that keep Participants from being injured F All Program Site areas will comply with ADA rules and regulations 17. Fire A In case of fire, danger of fire, explosion or other emergency, Program Staff first priority is to evacuate the Participants to a pre -designated safe area B The Program Site will have an annual fire inspection by the local Fire Marshall, and the resulting report will detail any safety concerns observed The report will be forwarded to the Program Supervisor who will review it and establish the deadline and criteria for compliance C Each Program Site will have at least one fire extinguisher approved by the Fire Marshall readily available to all Program Staff The fire extinguisher will be inspected monthly by the Program Staff, and a monthly report will be forwarded to the Program Supervisor who will keep the report on file for a mimmum of two years D Fire drills will be initiated by Program Staff based on the following schedule (1) Middle School Program -Once every three months 18 Health A Illness or Injury (1) A participant who is considered to be a health or safety concern to other Participants or Staff will not be admitted to the Middle School Program (2) Illnesses and injuries will be handled in a manner to protect the health of all Participants and Staff (3) Program Staff will follow emergency procedures for injured Participants or Participants with symptoms of an acute illness as specified in the Program Manual (4) Program Staff will follow the recommendation of the Texas Department of Health concerning the admission or readmission of a Participant after communicable disease B Program Staff has the option to administer medication If the Program Staff exercises this option, they 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 times and dosages This authorization is included on the registration form (2) Prescription medications are in the original containers labeled with the Participant's name, a date, directions and physician's name Program Staff will administer the medication only as stated on the label Program Staff will not administer medication after the expiration date (3) Non-prescription medications are labeled with the Participant's name and the date the medication was brought to the Middle School Program Non- prescription medication must be in the original container The Program Staff will administer medication only according to label directions (4) Program Staff will ensure medications are inaccessible to Participants If necessary, medications will be kept in the refrigerator (when available) Medications will be kept separate from the food C Toilet Facilities (1) The Program Site will have toilets located and equipped so Participants can use them independently and Program Staff can monitor as needed (2) There will be one toilet for every 30 Participants Urinals maybe counted in the ratio of toilets to Participants, but will not exceed 50% of the total number of toilets (3) An adequate number of lavatories will be provided D Sanitation (1) The indoor site for the Middle School Program must have adequate light, ventilation, air conditioning and heat (2) The Program Site will have an adequate supply of water meeting the Texas Department of Health standards of drinking water Water will be supplied to Participants in a safe and sanitary manner (3) All waste matters will be kept in a leakproof, covered container 19. Participant Eligibility A Participants must be a DISD middle school student, who is currently enrolled in the school B Participants must be independent in toiletmg C Participants must comply with site rules Denton Middle School Program Standards of Care Background This ordinance is in accordance with an amendment to Section 42 041 (b) (14), Human Resources Code as approved by the Texas Legislature during the 74`h Legislative Session Based on that legislation, municipal youth recreation programs can be exempted from the state's licensing requirement if the cities comply with the provisions of that legislation, which amends the Human Resource Code Section 42 041 (b) (14), Human Resources Code An elementary -age (ages 5-13) recreation program operated by municipality provided the governing body of the municipality annually adopts standard of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinance shall include a minimum, staffing ratios, minimum staff qualifications, minimum facility, health and safety standards, and mechanisms for monitoring and enforcing the adopted local standards, and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a day-care facility The Standards are intended to be minimum standards by which the Denton Parks and Recreation and Denton Independent School District (DISD) Middle School Program will operate Although the above section describes the participants as "elementary age", there will be middle school students falling within the age guideline of "ages 5-13" In accordance, the Director of Parks and Recreation will make an annual report to City Council on the overall status of the Middle School Program and their operation relative to compliance with the adopted Standards of Care On an annual basis, the Standards will be reviewed and revised accordingly In accordance with legislation, the Standards and Ordinance must be submitted to the City Council on an annual basis, for adoption In response, Denton Parks and Recreation and DISD will evaluate the program and make any revisions necessary and submit the Ordinance for Park Board and City Council consideration