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19-553ORDINANCE NO. 19-553 AN ORDINANCE OF THE CITY OF DENTON, ADOPTING STANDARDS OF CARE FOR RECREATIONAL CARE PROGRAMS ADMINISTERED BY DENTON'S PARKS AND RECREATION DEPARTMENT AS REQUIRED BY TEXAS HUMAN RESOURCES CODE SECTION 42.041 (b)(14); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, 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, through its Park and Recreation Department, proposes to operate After School Programs and Summer Camps for children to be operated at City Recreational Centers and schools of the Denton Independent School District; and WHEREAS, the City of Denton, needs to adopt Standards of Care for these recreational programs to be exempt from licensing requirements for day care facilities; and WHEREAS, the City of Denton, has formulated Standards of Care that at a minimum includes staffing ratios, minimum 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; and WHEREAS, on IN day of 2019, 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 DENTON HEREBY ORDAINS: SECTION 1. The City of Denton, adopts the "Standards of Care for Recreational Care Programs" attached as Exhibit "A" and incorporated herein by reference as if written word for word and as required by Section 42.041 (b)(14), Texas Human Resources Code. SECTION 1. This ordinance shall become effective immediately upon its passage and ............. approval. The motionrllmardavc this Ordinance was made by /a and seconded b y..........i' - .... M the Or (fi nallc(�- as jig dd ,a d approved by the following vote Aye Nay Abstain Absent Chris Watts, Mayor: IV/ Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4:� Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the ? ___ day of �„ 2019. ATTEST: ROSA RIOS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: AARON LEAL, CITY ATTORNEY Im UNITE.. w 0 $ "WITIMINSTM.M. General Administration 3 Organization 3 Definitions 4 Inspections 4 Enrollment 5 Suspected Abuse 6 Staffing - Responsibilities and Training 6 Youth/Teen/Center Supervisor Qualifications 6 Supervisor's Responsibilities 6 Coordinator's Qualifications 7 Program Coordinator's Responsibilities 7 Program Specialist & Leader Qualifications 7 Specialist and Leader Responsibilities 8 Training/Orientation 8 Operations 9 Staff -Participant Ratio 9 Discipline 9 Programming 9 Communication 10 Transportation 10 Facility Standards 11 Safety 11 Fire 11 Health 12 Toilet Facilities 13 Sanitation 13 *Programs include: After School Action Site, Camp Discover, Camp Quest, Camp IToyage, Camp Exploration, Super Kids, Kids Day Out, Holiday Camps, Spring Break Camps, Counselors in Training and Teen Camp Any questions related to Standards of Care should be addressed to the Rec Care Supervisor at 940-349-8730. N 19 1 IT.1 a, M1 Lei 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 listed in this Standards of Care are recreational in nature and are not licensed day care programs. The City of Denton's recreational/camp programs are exempt from licensing under Texas Administrative Code 745.115(3). MANI A 1J.11 W.11 130 1113 &1 V mmnnm! • A. The governing body of the City of Denton Parks and Recreation Programs is the City of Denton City Council. B. Implementation of the Rec Care Programs Standards of Care is the responsibility of the Parks and Recreation Department Director and Departmental employees. C. Recreational Care Programs ("Program") to which these Standards of Care will apply are After School Action Site, Holiday Break Camps, Spring Break Camps, Kids Day Off, Camp Discover, Camp Quest, Camp Voyage, Camp Exploration, Super Kids, Counselors in Training, and Teen Summer Camp programs. D. Each Rec Care 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 the website address of where a current copy of the Standards of Care is located. 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 11 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/Teen Programs or Program: City of Denton Youth/Teen Programs consisting of After School Action Site, Holiday Break Camps, Spring Break Camps, Kids Day Off, Camp Discovery, Camp Quest, Camp Voyage, Camp Exploration, Super Kids, Counselors in Training 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: City of Denton Parks and Recreation Department full-time Manager who has been assigned administrative responsibility for City of Denton Camp Programs. H Recreation Supervisor or Coordinator: City of Denton Parks and Recreation Department full-time employee who has been assigned responsibility to implement the City's Rec Care Programs. I. Program Site: Area and facilities where City of Denton Rec Care Programs are held consisting of Civic Center, Martin Luther King Recreation Center, Denia Recreation Center, North Lakes Recreation Center, and McMath Middle School. Participant: A youth/teen whose parent(s) have completed all required registration procedures and determined to be eligible for a City of Denton Rec Care 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 Denton Rec Care Programs. L, Employee(s) or Staff: 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 Rec Care Programs. Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Supervisor or Coordinator of each Program to confirm the Standards of Care are being adhered to. 4 (1) Inspection reports will be kept on record for at least two years. (2) The Supervisor will review the report and establish deadlines and criteria for compliance with the Standards of Care. B: The Supervisor/Coordinators- 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 & Spring Break Camp Program will be inspected once during its holiday schedule; and (3) Camp Exploration, Camp Voyage, Camp Discovery, Camp Quest, and Super Kids will be inspected twice during the summer break. (4) Teen Camp Program and Counselors in Training will be inspected once during the summer break; (5) The Kids Day Off will be inspected two times a year; C. Complaints regarding enforcement of the Standards of Care will be directed to the Supervisor. The Supervisor 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 Coordinator. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Program Manager and the complaint and resolution will be noted. 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, email address; (2) name and address of parents and telephone number during Program hours; (3) the names 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, 6. Rec Care Supervisor ("Supervisor") Qualifications A. Supervisor will be full-time, professional employees of the City of Denton Parks and Recreation Department and will be required to have all Program Leader or Coordinator qualifications as outlined in Section 10 of the document. B. Supervisor must be at least 21 years old. C. Supervisor must have a bachelor's degree from an accredited college or University or at least five (5) years of direct supervision of recreational activities related to children ages 4-15 years of age. 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. Supervisor must have five years experience planning and implementing recreational activities. E. Supervisor must pass a background investigation including testing for illegal substances. F. Supervisor 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. Supervisor must also complete a course in Defensive Driving. G. Supervisor must complete 10 hours of child care training per calendar year. 7. Supervisor's Responsibilities A, Supervisors are responsible to administer the compliance with the adopted Standards of Care. B. Supervisors are responsible to recommend for Specialist, Coordinators and Leaders. 8. Programs' daily operations in hire, supervise, and evaluate C. Supervisors are responsible to plan, implement, and evaluate programs. Program Coordinator ("Coordinator") Qualifications 31 A. Coordinator will be full-time, professional employees of the City of Denton Parks and Recreation Department and will be required to have all Program Leader or Specialist qualifications as outlined in Section 10 of the document except for section 10A. B. Coordinator must have two years of experience planning and implementing recreational activities. C. Coordinators must complete 8 hours of child care training per calendar year. Training must be completed prior to their start date of child care programs and completed on an annual basis. 9. Coordinator Responsibilities A. Coordinators are responsible to assist in the administration of the Programs' daily operations in compliance with the adopted Standards of Care. B. Coordinators are responsible to assist in the recommendation for hiring, supervising, and evaluating Specialist and Leaders. C. Coordinators are responsible to assist in the planning, implementing, and evaluating programs. D. Coordinator's will be required to provide all Program Leader or Specialist responsibilities as outlined in Section 11 of the document. 10. Camp Supervisor/Counselors Qualifications A. Camp Supervisor/Counselors will be part-time or temporary employees of the Parks and Recreation Department. B. Camp Supervisor/Counselors working with children must be age 18 or older. C. Camp Supervisor/Counselors should be able to consistently exhibit competency, good judgment, and self-control when working with children. D. Camp Supervisor/Counselors must relate to children with courtesy, respect, tolerance, and patience. E. Camp Supervisor/Counselors must have successfully completed a course in first aid, CPR, and AED training 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. Camp Supervisor/Counselors must pass a background investigation including testing 7 for illegal substances, O. Camp Supervisor/Counselors must complete 8 hours of child care training per calendar year. Training must be completed prior to their start date of child care programs and completed on an annual basis. 11. Camp Supervisor/Counselors Responsibilities A. Camp Supervisor/Counselors will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. B. Camp Supervisor/Counselors will be responsible to know and follow all City, Departmental, and Program standards, policies, and procedures that apply to City of Denton Youth/Teen Programs. C. Camp Supervisor/Counselors 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 Specialist and Leader. 12. Training/Orientation A. The Department is responsible for providing training and orientation to employees in working with children and for specific job responsibilities. Supervisors and Coordinators will provide each Camp Supervisor/Counselors with a program manual specific to each Rec Care Program. On-line child care training may be completed in lieu of departmental training for 3 hours of the required 8 hours per year. B. Program employees must be familiar with the Standards of Care for Rec Care 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 development, and organization. . Program employees will be required to sign an acknowledgment that they received the required training. 13. Staff -Participant Ratio A. In a City of Denton Rec Care 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. 14. 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. 15. 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 6 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. 16. Communication A. Each Program employee will have the option to use their own cell phone device or use a city provided cell phone to allow the staff to be contacted by Parks and Recreation personnel, and for use in contacting the Supervisor, Coordinator, or making emergency calls. B. The Supervisor or 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, Recreation Centers, and McMath; (5) Numbers at which parents may be reached; and (5) The telephone number for the site itself. 17. Transportation A„ Before a participant may be transported to and from city sponsored activities, a City waiver form, completed by the parent of the participant, must be filed. B, First aid supplies will be available in all Program vehicles that transport children. C. All children must be securely seated in the appropriate safety seat/booster based on state child safety laws. D, All vehicles used for transporting participants must have available a 6-BC portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. 18. Safety 10 A. Program employees will visually inspect Program sites daily to detect sanitation and safety concerns that might affect the health and safety of the participants. 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. 19, 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 a biennial fire inspection by the local Fire Marshal, and the resulting report will detail any safety concerns observed. The report will be forwarded to the Program Manager who will review and establish deadlines and criteria for compliance. C. Each site must have at least one fire extinguisher approved by the Fire Marshal readily available to all employees. The fire extinguisher is to be inspected monthly by the camp supervisors or consolers, All Program employees will be trained in the proper use of fire extinguishers. D, Fire drills will be initiated at Program sites based on the following schedule: (1) After School Program: A fire drill once every three months. (2) Spring Break Camp and Holiday Camp: A fire drill once during the session. (3) Camp Exploration, Camp Voyage, Camp Discover, Camp Quest, and Super Kids: A fire drill twice during the session. (4) Teen Camp and Counselors in Training: A fire drill once during session 11 20. Health A. Illness or Injury (1) A participant who is considered to be health or safety concern to other participant's 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 employee 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 date the medication was brought to the Program. Nonprescription medication must be in the original container. Program employees will only administer nonprescription medications if a doctor's note is provided and 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. (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. (6) Children who may require epi-pen injections due to severe allergic reactions must complete an Anaphylaxis Emergency Action Plan (AEAP) before their child starts the program. Staff will administer the epi-pen in case of emergency based on the instructions stated on the AEAP. 12 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 one (1) flush toilet for every 30 children. Urinals may be 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