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1998-161 ORDINANCE NO {~)-/~t9// 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 recogmzes that many children of school age need an orgamzed~pmgram 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 ctuldren of middle school ag, 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 flus recreational program so hcensmg as a day care facility will not be necessary, and WHEREAS, the City of Denton, Texas with the cooperation and input ftom the Denton Independent School District has formulated a Standard of Care that at a rmmmum includes staffing ratios, mimmum staff, quahficat~ons, mmanum faclhty, health and safety standards, and mechamsms for momtonng and enforcing the local standards, and further provides 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, and WHEREAS, after the adoption of the standard of care, the City will then formalize an agreement with the Denton Independent School District to faclhtate the Denton Middle School Program, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Council, City of Denton, Texas adopts the Standard of Care for the Denton IVhddle School Program wluch is attached as Exbablt "A" and incorporated herein by reference as if written word for word pursuant to SecUon 42 041 (b) (14), Texas Human Resources Code SECTION II. That flus orchnance shall become effective immediately upon its passage and approval PASSED AND APPROVED thlS the d'~j~ dayof ~Q~_0~. ~__ , 1998 Page 1 ATTEST JENNIFER WALTERS, CITY SECRETARY APPRO~D AS ~O LEGA~ FORM HERBERT L PROUTY, CITY ATTORNEY F ~shared~de~t~LGL\Our Document~\Ordmances\98\Denton Middle School Program standard of care doc Page 2 EXHIBIT "A" Denton Middle School Program Standards of Care The following Standards of Care are seelang adoption by the C~ty Council of Denton, Texas to comply wxth the amendment to Sectxon 42 041 (b) (14), Human Resources Code as approved by the Texas Legislature dunng the 74th legislative session Sectton 42 041 (b) (14), Human Resources Code An elementary-age (ages 5-13) recreation program operated by muntctpahty provtded the govermng body of the mumctpahty annually adopts standard of care by ordmance after a pubhc heanng for such programs, that such standards are prowded to the parents of each program parttctpant, and that the ordmance shall tnclude a minimum, staffing rattos, mmtmum staff quahficattons, mmtrnum facthty, health and safety standards, and mechamsms for momtortng and enforcing the adopted local standards, and further provtded that parents be tnforrned that the program ts not hcensed by the state and the program may not be adverttsed as a day-care facd~ty 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 C~ty and DISD ~s recreational and educattonal m nature and not a day-care program General Administration 1 Definitions A City-C~ty of Denton B City Councd-C~ty Council of the C~ty of Denton C Department-Denton Parks and Recreation Department Df DISD-Denton Independent School Dmmct E DISD School Board-School Board of Denton Independent School D~stnet F Division-Commumty Education G Middle School Program-Denton Parks and Recreatmn and DISD's program operating at the middle school a~cr school and other non-school day programs whmh last one week (5 days) or longer for m~ddle school students Program Manual-Notebook ofpohc~es, procedures, reqmred forms, and organ~zatmnal and programming mformatmn relevant to the M~ddle School Program I Director-Denton Parks and Recreation Department D~rector or h~s/her designee J Leisure Services Manager-Danton Parks and Recreation manager of designated leisure services area K Program Supervisor-Denton Parks and Recreation staff who has been assigned supervisory responsthdlty for the M~ddle School Program L Program Coordmator or Coordinator-Denton Parks and Recreatmn Department staff who has been assigned admlmstratlve respons~bdlty for the Middle School Program M Program Leader/Site Leader-Denton Parks and Recreation Department part- t~me staff, seasonal staff, or volunteers who has been assigned responsibility to ~mplement the Mxddle School Program N Program S~te/Area-Area or facthtles where the Denton Parks and Recreation and DISD's Middle School Program are held O Enrichment Staff-DISD full-tune, part-time, seasonal staff, or volunteers who have been assigned responsibility to implement ennchment 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)-Thls term will be used to represent one or both parent(s) or guardian(s) who have legal custody and authority to enroll their chdd(ren) in the M~ddle School Program 2 Orgamzation A The governing body of the M~ddle School Program is the Denton C~ty Council B Implementation of the Middle School Program Standards of Care is the responslbd~ty 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 S~te will have a current copy of the Standards of Care avmlable 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 dunng the registration process (1) Cnmmal 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 cnmmal complmnt alleging violation of any of the crimes listed in the Texas Department of Protective and Regulatory Servlces's Day- Care Center Minimum Standards and Guidelines Appendix II or a felony wolatlon of the Texas Controlled Substance Act may be present while children are in care 3 Inspection/Monitoring/Enforcement 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 comphance w~th 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 sxte will be inspected bi-monthly This may be scheduled or unscheduled (2) The other non-school day Middle School Programs will be inspected once dunng the school break C Complaints regarding enforcement of the Standards of Care will be directed to the Coordanator The Coordinator will be responsible for taking the necessary steps to resolve the problems The Coordinator will record complmnts 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 comphunts 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 Enrollment A Before a child can become a Middle School Program partlmpant, the parents must sign a registration form that contmns the pamelpant'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 pamclpant can be released, (4) A statement of the child's specml problems and/or needs (5) Authorization to admlmster medication, if necessary, (6) Emergency medical authorization, doctor's name, telephone number, and (7) A hablhty 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 basle trmnmg related to child abuse prevention and how to report suspected abuse Staffing-Respons~bllities and Tralmng 6 Program Coordinator Qualifications A Coorchnators will be staff of the Denton Parks and Recreation Department and wall 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 trmnmg (1) One year experience m 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 Coorthnators must be able to pass a background cheek mcludlng a test for illegal substance and drivers license check E Coordinators must have successfully completed a course m first aid and Cardlo Pulmonary Resuscitation (CPR) based on American Heart Association, American Red Cross or National Safety Council Standards and have current certfficatlon, or complete cemfieation wlthm 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 Coorthnators must take a tuberculosis test every two years from their employment date and prowde proof of a clear tuberculosis test 7. Coordinator Responslbiiit~es A Coordmators are responsible for adm~nlstenng the Middle School Program's daily operations m compliance with the adopted Standards of Care B Coorthnators are responsible for recommending for hmng, supervising, and evaluatmg Leaders C Coordinators are responsible for plarmmg, ~mplement~ng, and evaluating the Middle School Program 8 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 wor!ong with Partm~pants must be age 19 or older C All Leaders should be able to consistently exhibit competency, good judgement and self-control when worlong with Participants D Leaders must relate to Participants w~th courtesy, respect, tolerance and patience E Leaders should have current certification in first md and CPR based on American Heart Association, American Red Cross or National Safety Council Standards, or complete certffieatlon wlthm one month of h~re date F Each leader applicant must be able to furnish proof of a clear tuberculosas test that was completed withm 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 heense cheek H Sate 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 m 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, pohcIes, 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 S~tes will have a copy of the Department gmdelmes to verify the Identity ora person authorized to pack up a Paint,pant if that Leader does not know that person 10. Trmning/Or~entation A, The Department is responsible to provide training and onentation to the M~ddle School Program staff m working w~th Participants and for specific job responsibilities Coorchnators 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 famlhar with the Middle School Program policies, Including dlsciphne, gmdance and release of Participants as outlined an the Program Manual D Program Staffwill be trmned an appropriate procedures to handle emergencies E Program Staff will be trmned m areas Including City, Department, DISD, and Middle School Program policies and procedures, recreaUon 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 trmmng 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 Sate, the Coordinator wall 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 wall have a Program Staff who IS responsible for ham or her and who as aware of details of the Participant's habits, interests and any special problems as identified by the Participant's Parents dunng the registration process 12 Discipline A Program Staff will implement discaphne and guidance in a consistent manner based on the best mterasts of the Participants B There will be no creel treatment or harsh pumshment C Program Staff will use brief, supervised, separation (personal attitude break) from the group if necessary D As necessary, Program Staff will imtmte incident and/or dISclplme reports to the Parent(s) of Participants Parents wall be asked to sign Participant discipline reports to indicate they have been adwsed about specific problems or incidents E Three chsciplme reports will result in a three-day suspension from the Middle School Program A fourth discaphne report will result in removal from the program The Program Supervisor does reserve the right to deem any s~tuataon as reason for ~mmedaate 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 an instances of danger to other Participants, self, facahtIes, or Staff 13 Programming A Program Staff will provide cultural, educataonal, and recreataonal program for each group of Participants according to thear ages, interests, and abIhtles The actavIt~es wall be appropriate to Partacapant's health, safety, and well bemg The actav~tIes also will be flexible and promote the Particapant's emotaonal, socml, and mental growth BProgram Staffwlll attempt to provide indoor and outdoor time periods to include (1) Alternating actave and passive activitaes, (2) Opporttm~ty for ~ndlvldual, small and large group act~wtles, (3) Outdoor time each day as weather permits based on room avaflablhty and weather eondmons, and (4) Ennehment classes C All Staffwlll be attentave and considerate of the Participant's safety on field taps and during any transportation prowded by the M~ddle School Program (1) Dunng field taps, Program Staffwlll have authorization for emergency medical care and emergency contact ~nformatlon for each Participant (2) All Staffwfll have a written list of the Participants in the group and must check the roll frequently, specifically before departure to and from destmat~on (3) All Staffwfll have first md supplies avmlable on field taps (4) The Participant to Staff ratio dunng field taps ~s 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 m contacting Staff or makang 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 servmes (2) Police Department (3) Fire Department (4) Program Supervisor and Adm~mstrat~ve Office (5) Telephone numbers and address for the Program Site itself (6) Telephone number of Coordinator's Office 15. Transportation A Enrolling an the program includes permission to transport participants for field trips B First aid supplies will be avmlable In all Middle School Program vehmles that transport Participants C All velucles used for transporting Participants will have a portable fire extinguisher installed D Seatbelts will be worn if provided E Participants will be oriented to expected behavior and safety roles F A sign will be posted three days pnor to any field trip so parents are aware of the tnp Facility Standards 16. Safety A Program Staff will respect Program Sites dmly 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 Staffwfll have first md supplies avmlable at each Program Site in a designated location, dunng transportation, and for the duration of any off-Site activity Program Staffwlll have an immediate access to a guide for first aid and emergency care E, Program Site air eonthtloners, eleemc fans, and heaters will have safeguards that keep Participants from being injured F All Program Site areas will comply with ADA roles 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 detml 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 extmgmsher approved by the Fire Marshall readily avmlable 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 mlmmum of two years D Fire drills will be lmtlated by Program Staffbased 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 mjunes will be handled in a manner to protect the health of all Participants and Staff (3) Program Staffwfll 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 concermng thc admission or readmlsslon of a Participant after commumcable disease B Program Staff has the option to administer medlcataon If the Program Staff exercises this option, they will admlmster medication only if (1) Parent(s) complete and sign a methcatlon form that provides authorization for Staff to dispense medication wath details as to times and dosages This authorization is mcluded on the registration form (2) Presenptlon merhcatlons are in the original eontamers labeled with the Pamelpant's name, a date, directions and physmlan's name Program Staffwfll adrmmster the medication only as stated on the label Program Staff will not admlmster 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 admlmster mechcatlon only according to label dlreetaons (4) Program Staffwlll ensure medications are inaccessible to Participants If necessary, medmatlons will be kept m the refrigerator (when avmlable) Medications will be kept separate from the food C Toilet Facfllt~es (1) The Program S~te wall have toilets located and eqmpped so Partm~pants can use them independently and Program Staff can momtor as needed (2) There wall be one toilet for every 30 Partm~pants Unnals may be counted ~n the ratio of toilets to Part~mpants, but will not exceed 50% of the total number of toilets (3) An adequate number of lavatories will be prowded D Sanitation (1) The indoor s~te for the M~ddle School Program must have adequate hght, ventdat~on, mr condlt~omng and heat (2) The Program S~te wall have an adequate supply of water meeting the Texas Department of Health standards of dnnk~ng water Water wall be supphed to Partm~pants m a safe and samtary manner (3) All waste matters will be kept ~n a leakproof, covered contmner 19. Participant Eligiblhty A Participants must be a DISD m~ddle school student, who ~s currently enrolled m the school B Partm~pants must be independent m tmletmg C Part~mpants must comply w~th s~te roles Denton Middle School Program Standards of Care Tlus ordinance as in accordance with an amendment to Section 42 041 (b) (14), Human Resources Code as approved by the Texas Legislature dunng the 74th Legislative Session Based on that legislation, mummpal youth recreation programs can be exempted from the state's licensing reqmrement 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 muntcipahty provtded the governing body of the mumctpahty annually adopts standard of care by ordinance after a pubhc hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinance shall mclude a mtmrnurn, staffing ratios, minimum staff quahficattons, mmtmum facthty, health and safety standards, and mechamsms for momtortng and enforcmg the adopted local standards, and further provtded that parents be informed that the program ts not hcensed by the state and the program may not be advertised as a day-care facdtty The Standards are intended to be mmnnum 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 gmdehne 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 Orchnance 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