1999-365 ORDINANCE NO qq- .fl ~.~--
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 C~ty of Denton, Texas recognizes that many clmldren 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 ~ts Park and Recreation Department,
proposes to operate a recreational program enUtled Youth Programs for ctuldren to be operated at
C~ty 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 hcensmg 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 m~mmum
~ncludes s~affing ratios, m~mmum staff quahficatlons, m~mmum facility, health and safety standards,
and mechamsms for momtonng and enforcing the local standards, and further prowdes for notifying
parents that the program is not hcensed by the state and that the program may not be advertised as a
day care facility,
WHEREAS, on ~'~ dayof ~--ff~/~ , 1999, the C~ty of Denton held a
pubhc heanng 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 wtuch is attached as Exhibit "A" and ~ncorporated herein by reference as if written word
for word pursuant to Sectaon 42 041 (b) (14), Texas Human Resources Code
SECTION 2 That tbas ordinance shall become effectave lmmedmtely upon ~ts passage and
approval
PASSED ANDAPPROVEDthmthe 5~ day of /~~9 ,1999
ATTEST~
JENNIFER WALTERS, CITY SECRETARY
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 Caty Council of the Clty of Denton,
Texas an order to comply with Senate Bill 212 as approved by the Texas Legislature dunng the
74th legaslat~ve session The Standards of Care are ~ntended to be minimum standards by whmh
the C~ty of Denton Parks and Reereatmn Department will operate the C~ty's Youth Programs
The programs operated by the C~ty are recreational ~n nature and are not day care programs
GENERAL ADMINISTRATION
1 Organ~zataon
A The governing body of the C~ty of Denton Youth Programs ~s the C~ty of
Denton C~ty Council
B Implementation of the Youth Programs Standards of Care is the responsibility
of the Parks and Recreation Department D~rector and Departmental employees
C Youth Programs ("Program") to which these Standards of Care will apply are
the After School Action S~te, Hohday Camps, K~ds Day Off, Summer Camps,
M~ddle School At, er School Program and Teen Summer Camp programs
D Each Youth Program s~te will have available for pubhc and staff review a
current copy of the Standards of Care
E Parents ofpartm~pants will be prowded a current copy of the Standards of Care
dunng the registration process
F Criminal background checks will be conducted on prospective staff No person with
conwct~on or who as under ~nchctment for, or ~s the subject of an officml criminal
complaint alleging wolat~on of any of the crimes hsted in the Texas Department of
Protective and Regulatory Serv~ce's Day Care Center M~nlmum Standards and
Gmdehnes Appandax II as same may be amended or a felony v~olat~on of the Texas
Controlled Substance Act may be present while children are ~n care An example of
current Appendix II ~s attached as Exhibit A
2 Defimt~ons
A C~ty C~ty of Denton
B C~ty Council C~ty Council of the Caty of Denton
C Department Parks and Recreation Department of the City of Denton
D Youth Programs or Program C~ty 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 ofpohmes, procedures, reqmred forms, and
orgamzatlonal and programmmg mformat~on 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 adm~mstrat~ve
responsibility for a C~ty of Denton Youth Program
H Program Speclahst or Specialist City of Denton Parks and Recreation
Department full-time employee who has been assigned responsibility to
~mplement the Clty'sYouth Programs
I Program Site Area and famhtles where C~ty of Denton Youth Programs are
held consisting of Civic Center, Mart~n Luther K~ng Recreation Center, Dema
Recreation Center, North Lakes Recreation Center, McMath M~ddle School,
Evers Elementary, Hodge Elementary, McNmr Elementary, Lee Elementary,
Houston Elementary, Borman Elementary, lhvera Elementary, Rayzor
Elementary, Gmnmgs Elementary, Wilson Elementary
J 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 chlld(ren)/teen(s) in C~ty of
DentonYouth Programs
L Employee(s) Term used to describe people who have been h~red to work for the
City of Denton and have assigned responslblhty for managing, admlmstenng,
or ~mplementurg some portion of the C~ty of Denton Youth Programs
3 Inspectlons/Momtonng/Enforcement
A A monthly inspection report wall be ~mtlated 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
comphanee with the Standards of Care
B The Manager will make wsual 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 dunng its
holiday schedule, and
(3) The Summer Camp Program will be inspected twice dunng the summer
break
(4) The Middle School After School Program site will be inspected
bimonthly,
(5) Teen Camp Program will be inspected once dunng the summer break,
(6) The gads 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 Complmnts regarding enforcement of the Standards of
Care and their resolution will be recorded by the Specialist Serious
complmnts regarding enfomement of the Standards of Care will be addressed by
the Director and the complmnt 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 mgn registration forms that contmn
the child's
(1) name, address, home telephone number,
(2) name and address of parents and telephone number dunng Program hours,
(3) the names and telephone numbers of people to whom the child can be
5
released,
(4) a statement of the chdd's special problems or needs,
(5) emergency medical anthonzatlon,
(6) proof of residency when appropriate, and
(7) a habfl~ty wmver
5 Suspected Abuse
Program employees will report suspected child abuse or neglect m accordance w~th the
Texas Family Code
STAFFING - RESPONSIBILITIES AND TRAINING
6 Youth Program Specmhst ("Speemhst") Quahficat~ons
A Specmhst will be full-t~me, professmnal employees of the City of Denton
Parks and Recreation Department and will be required to have all Program Leader
quahficat~ons as outhned m Sectmn 7 of the document
B Speemhst must be at least 21 years old
C Spemahst must have a bachelor's degree from an accredited college or
umvers~ty Acceptable degrees Include
(1) Recreation Administration or General Recreation,
(2) Physmal Edueatmn, and
(3) Any other comparable degree plan that would lend itself to working m a
pubhe recreation enwronment
D Spemahst must have two years experience planning and Implementing
recreational aet~wtles
E Specmhst must pass a background investigation including testing for dlegal
substances
F Speemhst must have successfully completed a course in first md and Cardlo
Pulmonary Resuseltatmn (CPR) based on either American Heart Assoc~atmn or
American Red Cross standards
6
G Speclahst 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' dmly operations in
eomphance with the adopted Standards of Care
B Specialist are responsible to recommend for hire, supervise, and evaluate
Coordinators and Leaders
C Speclahst are responsible to plan, implement, and evaluate programs
8 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 Coorthnators 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
s~te, and that person shall successfully complete a first aid and CPR course within
four weeks of starting work
F Each Coordinator and Leader apphcant 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 lnvest~gatlon including testing
for illegal substances
9 Coordinators and Leader Responsibilities
A Coordinator and Leaders will be responsible to provide participants with an
enwronment m which they can feel safe, can enjoy wholesome recreation
7
activities, and can participate ~n approprmte socml opportumt~es with their peers
B Coordinators and Leaders wall be responsible to know and follow all C~ty,
Departmental, and Program standards, poheles, and procedures that apply to C~ty
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 wall have a copy of
the Department approved plan to verify the ~dentlty of a person authorized to pick
up a partmlpant if that person as not known to the Coordinator and Leader
10 Trmmng/Onentatlon
A The Department ~s responsible for prowdmg trmmng and orientation to Program
employees an working with children and for specffic job responsibilities
Specialists will pmwde 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 famlhar with the Program's pollmes ~nclud~ng
dlsmplme, guidance, and release ofpartm~pants as outhned ~n the Program
Manual
D Program employees wall be trmned ~n appropriate procedures to handle
emergencies
E Program employees will be trained ~n areas including C~ty, Departmental, and
Program policies and procedures, prows~on of recreation activities, safety
issues, child psychology, and organization
F Program employees will be reqmred to s~gn an acknowledgment that they
received the reqmred tratmng
OPERATIONS
11 Staff-Participant Ratio
A In a City of Denton Youth Program, the standard ratio ofpartlmpants to
Leaders will be 17 to 1 In the event a Leader is unable to report to the Program
sate, 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 partm~pant's habits, interests, and any special problems
as identified by the participant's parent(s) dunng the registration process
12 DiScipline
A Program employees will implement dlsmpbne and gmdance m 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 wall initiate discipline reports to the parent(s)
of participants Parents will be asked to sign dlsc~phne reports to indicate they
have been advised about specific problems or ~ncldents
E A suffiment number and/or severe nature of discipline reports as detmled m 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 sate as soon as possible
13 Programming
A Program employees will attempt to provide activities for each group according to
the participants' ages, interests, and abthties 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 actimtles, and
(3) outdoor tame each day weather permits
C Program employees wall be attentive and considerate of the participants' safety on
field trips and dunng any transportation provided by the Program
(1) During trips, Program employees supervising participants must have
lmmedmte access to emergency medical forms and emergency contact
9
lnformataon for each partacapant
(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 supplaes and a guade 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 an eontactang the Cavac Center or making emergency calls
B The Coordanator wall post the followang telephone numbers adjacent to a
telephone accessible to all Program employees at each site
(1) Denton ambulance or emergency medical services,
(2) Caty of Denton Polace Department,
(3) City of Denton Fare Department,
(4) CIvic Center,
(5) Numbers at winch parents may be reached, and
(6) The telephone number for the s~te itself
15 Transportation
A Before a partlcapant 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 guade will be available in all
Program vehicles that transport children
C All Program vehicles used for transportang participants must have available a
6-BC portable fire extangulsher which will be installed In the passenger compart-
ment of the vehacle and must be accessable to the adult occupants
FACILITY STANDARDS
10
16 Safety
A Program employees wall anspeet Program s~tes daily to detect samtat~on and
safety concerns that might affect the health and safety of the participants A dmly
inspection report will be completed by Program employees and kept on file by
the Specmllst
B Bulldangs, grounds, and equapment on the Program s~te will be ~nspected,
cleaned, repmred, and mmntamed to protect the health of the participants
C Program equipment and supplies must be safe for the partlc~pants's use
D Program employees must have first md supplies readaly avmlable at each s~te,
dunng transportation to an off-site act~wty, and for the durataon of any off-stte
act~wty
E Program mr con&t~oners, electne fans, and heaters must be mounted out of
parttclpants' reach or have safeguards that keep participants from being ~njured
F Program porches and platforms more than 30 ~nches above the ground must be
eqmpped with rmhngs participants can reach
G All sw~ng seats at Program sites must be constructed of durable, lightweight,
relatively phable material
H Program employees must have first md supphes readily avmlable to staff ~n a
designated location Program employees must have an lmmedmtely accessible
guide to first md and emergency care
17 F~re
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 F~re Marshal,
and the resulting report will detail any safety concerns observed The report wall
be forwarded to the Director who will revaew and estabhsh deadlines and criteria
for compliance Information from th~s report wall be included in the D~rector's
annual report to the Council
C Each Program site must have at least one fire extmgmsher approved by the Fire
Marshal readily available to all Program employees The fire extlngmsher ~s to
be respected 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
ll
of fire extinguishers
D Fire drills will be lmtlated at Program s~tes based on the following schedule
(1) After School Program and M~ddle School After School program A fire
drill once every three months (Program employees will confer with school
staffto ensure that city and school procedures do not conflict)
(2) Spnng Break Camp and Holiday Camp A fire drill once dunng the
session
(3) Summer Camp Mama A fire dnll twine dunng the session
(4) Teen Camps A fire drill once dunng session
18 Health
A Illness or InJury
(1) A partmlpant who is considered to be health or safety concern to other
partmlpants or employees will not be admitted to the Program
(2) Illnesses and inJuries will be handled ~n a manner to protect the health
of all participants and employees
(3) Program employees will follow plans to provide emergency care for
injured participants wath symptoms of an acute illness as specified ~n
the Program manual
(4) Program employees will follow the recommendation of the Texas
Department of Health concermng the admxsslon or readmlss~on of any
participant after a communicable disease
B Program employees will adm~mster medmatxon only if
(1) Parent(s) complete and sign a medxcatxon form that provides authonzatxon
for staff to dispense medIcatxon with details as to txme and dosages The
form will ~nclude a hold harmless clause to protect the Cxty
(2) Prescription medicatxons are m the ongxnal containers labeled with the
child's name, a date, directions, and the physician's name Program
employees will admlmster the medication only as stated on the label
Program employees will not admtmster medication after the expired date
(3) Nonprescnption medxcations are labeled w~th the child's name and the
12
date the medication was brought to the Program Nonpmscnptlon
medlcataon must be in the original container Program employees will
admlmster it only according to label direction
(4) Medication d~spansed will be limited to routine oral ingestion not
reqmrlng 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
partmlpants or, if it is necessary to keep medications in the
refrigerator (when avatlable), 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 may be
counted m 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 Saturation
(1) The Program faClllhes must have adequate hght, ventilation, and heat
(2) The Program must have an adequate supply of water meeting the
standards of the Texas Department of Health for dnnkmg 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 dally
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 Ag~unst the Person Title 6 Offenses Against the Family
Murder Bigamy
Capital murder Incest
Voluntary manslaughter Interference with child custody
Involuntary manslaughter Enticing a child
Criminally negligent homicide Criminal non support
False imprisonment Sale or purchase of a child
Yudnapplng Sohcltatlon
Aggravated kadnapping Harbonng a runaway child
Rape Violation of a court order
Aggravated rape
Sexual abuse Section 43 Pubhc Indecency
Aggravated sexual abuse Prostitution
Homosexual conduct Promotion of prostitution
Public lewdness Aggravated promotion of prostitution
Indecent exposure Compelhng prostitution
Rape of a child Obscene display or distribution
Sexual abuse of a child Obscemty
Indecency with a cluld Sale, d~smbutlon, or display of
Assault harmful material to a m~nor
Aggravated assault Sexual performance by a child
Sexual assault
Aggravated sexual assault
Deadly assault on a peace officer
InJury to a child or an elderly individual
Reckless conduct
Terroristic threat
gading suicide
Tampenng with consumer products