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HomeMy WebLinkAboutOrdinance No. 2014-2067CITY OF THE COLONY, TEXAS ORDINANCE NO. 2014- c� 0671 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ADOPTING DAY CAMP STANDARDS OF CARE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, Section 42.041 of the Texas Human Resources Code provides generally that no person may operate a child-care facility or child -placing agency without a license issued by the Texas Department of Family and Protective Services. Moreover, Section 42.041(b)(14) of the Texas Human Resources Code provides this statutory requirement does not apply in pertinent part to an elementary -age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards 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 ordinances shall include, at 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 child-care facility; and WHEREAS, the City Council of the City of The Colony, Texas, has determined that the following regulation is necessary in order to protect public health, safety, and welfare of the citizens of the City of The Colony, Texas. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the City Council hereby adopts day camp Standards of Care to be conducted by the Parks and Recreation Department, a copy of which is attached hereto as Exhibit "A." SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. This Ordinance shall become effective from and after its date of passage in accordance with law. DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas, on this the 6th day of May, 2014. ATTEST hristie Wilson, City Secretary APPROVED AS TO FORM: APPROVED: Exhibit "A" City of The Colony Standards of Care for Kidz Kamp Day Camp Programs PURPOSE The following Standards of Care are intended to be minimum standards by which the City of The Colony Parks and Recreation Department will operate the City's Kidz Kamp day camp programs. These programs operated by the City of The Colony are recreational in nature and are not licensed by the State of Texas nor operated as day care programs. Adoption of these Standards of Care will allow the City to qualify as being exempt from the requirements of the Texas Human Resources Code. General Information/Administration A. Organization The governing body for the City of The Colony Kidz Kamp programs is the City Council of the City of The Colony, Texas. 2. Implementation of the Standards of Care for Kidz Kamp is the responsibility of the Community Services Director and Parks and Recreation Department employees. 3. The Standards of Care for Kidz Kamp will apply to any Kidz Kamp program including Holiday Kamp, Spring Break Kamp, and Summer Kamp. 4. The Colony Recreation Center will have available for public review a current copy of the Standards of Care. 5. Parents of participants will be provided access to a current copy of the Standards of Care through the City's web site. 6. Criminal background checks will be conducted on prospective Kidz Kamp employees, when applicable, and consistent with state law. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: a. A felony or misdemeanor classified as an offense against a person or family; b. A felony or misdemeanor classified as public indecency; C. A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; d. Any offense involving a crime of moral turpitude; e. Any offense that is deemed to potentially put the City of The Colony or Kidz Kamp participants at risk. B. Definitions 1. City: City of The Colony. 2. City Council: City Council of the City of The Colony. 3. Department: Parks and Recreation Department. 4. Director: City of The Colony Director of Community Services. 5. Kidz Kamp: City of The Colony youth camp program held during school holidays. 6. Parent Handbook: Booklet of Kamp policies, procedures, required forms and organizational and programming materials relevant to the Kidz Kamp program. 7. Recreation Coordinator: City of The Colony's full time programmer who has been assigned administrative responsibility for the City of The Colony's Kidz Kamp program. 8. Recreation Manager: Recreation Coordinator's supervisor who will handle administrative responsibility for the City of The Colony's Kidz Kamp program in the Recreation Coordinator's absence. 9. Employee or Counselor: Someone who has been hired to work for the City of The Colony and has been assigned responsibility for managing, administering, or implementing some portion of the City of The Colony's Kidz Kamp programs. 10. Program Site: The Colony Recreation Center or LISD schools. 11. Participant: A youth whose parent(s) have completed all required registration procedures and who has been determined to be eligible for the City of The Colony's Kidz Kamp. 12. Parent(s): A parent or guardian who has legal custody and authority to enroll a child in the City of The Colony's Kidz Kamp. C. Inspection/Monitoring/Enforcement 1. The Recreation Coordinator will make visual inspections of the program based on the following schedule: a. Summer Kidz Kamp will be inspected twice during the summer. b. Holiday Kidz Kamp (Thanksgiving and Winter) will be inspected once. C. Spring Break Kidz Kamp will be inspected once. 2. 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. 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 Recreation Manager and the complaint and resolution will be noted. D. Enrollment 1. Before a child can be enrolled, a parent/guardian must sign registration forms that contain the child's.- a. hild's: a. Name, address, home telephone number b. Parent/Guardian's name, address and telephone numbers during program hours Emergency contacts including names and phone number during program hours d. Names and driver's license numbers of people to whom the child may be released e. A statement of the child's special problems, needs or medical conditions f. Emergency medical authorization g. Permission for field trips h. Liability Waiver E. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Coordinator and Recreation Manager. The Recreation Manager will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Failure to report suspected abuse is punishable by fine up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. F. Staffing — Responsibilities and Training Recreation Coordinator and Recreation Manager a. Recreation Coordinator and Recreation Manager are full-time, professional employees of the City of The Colony Parks and Recreation Department and will be required to have all the same qualifications as outlined in Section F.2. below. b. Recreation Coordinator and Recreation Manager must meet the minimum education/experience requirements for employment with the City of The Colony to plan and implement recreation activities. C. Recreation Coordinator and Recreation Manager must be able to pass a background investigation including a test for illegal substances. d. Recreation Coordinator and Recreation Manager must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. e. Recreation Coordinator is responsible for administering the programs' daily operations in compliance with the adopted Standards of Care. Recreation Coordinator is responsible for hiring, supervising, and evaluating the Kidz Kamp Director, Kidz Kamp Assistant Directors and Kidz Kamp Counselors. g. Recreation Coordinator is responsible for planning, implementing, and evaluating programs. 2. Kidz Kamp Staff a. Program employees include Kidz Kamp Director, Kidz Kamp Assistant Director, and Kidz Kamp Counselors. b. Program employees may be full-time, part-time, or temporary employees of the Parks and Recreation Department. C. Program employees shall be age 16 or older. However, each site will have at least one employee age 18 or older on site at all times. d. Program employees should consistently exhibit competency, good judgment and self-control when working with participants. e. Program employees must relate to participants with courtesy, respect, tolerance and patience. Program employees must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) and AED. All certifications must be current during the camp operation. g. Program employees must pass a background investigation when applicable, including testing for illegal substances. h. Program employees will be responsible for providing participants with an environment in which they can feel safe, enjoy wholesome recreation activities, and participate in appropriate social opportunities with their peers. Program employees will be responsible to know and adhere to all City, Departmental, and youth program standards as well as policies and procedures that apply to the youth programs. Program employees must ensure that participants are only released to a parent or authorized person, designated by the parent or guardian. If a parent wishes their child to sign himself in or out the parent must provide specific, written authorization. 3. Training and Orientation a. The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. b. Program employees will be provided with a staff manual. C. Program employees must be familiar with the Standards of Care for Kidz Kamp programs as adopted by the City Council. d. Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. e. Program employees will be trained in appropriate procedures to handle emergencies. f. Program employees will be trained in areas including city departmental program policies, procedures, leading activities, safety issues and organization. g. Program employees will be required to sign an acknowledgement that they have received the required training. G. Operations 1. Staff to Participant Ratio a. The standard ratio of participants to staff is 1:15 based on average daily attendance. In the event a program employee is unable to report to the program site, the coordinator will assign a replacement. b. Program employees are responsible for being aware of the participants' habits, interests, and special needs as identified by the participants' parent/guardian during the registration process. 2. Discipline a. Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. b. There will be no cruel treatment or harsh punishment. C. Program employees may use brief, supervised separation from the group if necessary. d. As necessary, program employees will initiate behavior reports to the parents of participants. Parents will be asked to the sign the behavior reports to indicate they have been advised about specific problems or incidents. e. A sufficient number and/or severe nature of a discipline report(s) as indicated in the program manual may result in a participant being suspended from the program. f. In instances where there is a danger to other participants or staff, offending participants will be removed from the program site as soon as possible. 3. Programming a. Program employees will attempt to provide activities for each group according to participants' age, interests and abilities. The activities will be appropriate to participants' health, safety and well-being. The activities must be flexible and promote the participants emotional, social and mental growth. b. Program employees will attempt to provide indoor and outdoor time periods to include: - Alternating active and passive activities; - Opportunity for individual, small and large group activities, and - Outdoor time each day as 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. - During trips, program employees must have access to emergency medical forms and emergency contact information for each participant - Program employees must have a written list of participants in the group and must check the roll frequently, specifically before departure to and from location - Program employees must have first aid supplies and emergency care available on field trips. 4. Communications a. Each program site will have access to a telephone for use in contacting Department staff or making emergency calls. b. The Recreation Coordinator will make available the following telephone numbers to all employees at each site: - Emergency services - The Colony Police Department dispatch - Parks and Recreation Department - Poison Control - Numbers at which parents/guardians may be reached - Recreation Coordinator - Telephone and address for the program site itself - Field trip destinations 5. Transportation a. Before a participant can be transported to and from city -sponsored activities, the field trip release statement must be marked by the parent/guardian on the registration form. b. First aid supplies will be available in all program vehicles that transport children. C. All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. d. Seatbelts must be worn when provided. H. Facility Standards 1. Safety a. Program employees will inspect the program site daily to detect sanitation and safety concerns that might affect the health and safety of the participants. A weekly inspection report will be completed by the program employees and kept on file by the Coordinator. 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 should be safe for the participants' use. d. Program must have first aid supplies readily available at each site, during transportation to an off-site activity, and for the duration of the off-site activity. e. Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. 2. Fire a. In case of fire, danger or fire, explosion or other emergency, program employees' first priority is to evacuate the participants to a designated safe area. b. Each program site must have at least one fire extinguisher approved by the fire marshal readily available to all program employees. C. All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. 3. Illness or Injury a. A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the program. b. Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. C. Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. d. Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. 4. Medication a. Parent/guardian must complete and sign a medication release that provides authorization for program staff to dispense medication with details as to times and dosages. The release will include a hold harmless clause to protect the City. b. Prescription medications must be in the original containers labeled with the participants' name, a date, directions and the physician's name. The prescribing physician must provide written guidelines. Program employees will administer medication only as stated on the label. Program employees will not administer medication after the expiration date. C. Non-prescription medications are labeled with the participant's name and the date the medication was brought to the youth program. Non- prescription medication must be in the original container. The program employees will administer medication only according to the label directions and with written parental permission. d. Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. e. Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. 5. Special Needs a. Every reasonable accommodation will be made to address special needs participants. b. For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom if needed. 6. Toilet Facilities a. The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor as needed. b. There must be one flush toilet for every 30 participants. Urinals may be counted in the ratio of toilets to participants, but must not exceed 50% of the total number of toilets. C. An appropriate and adequate number of lavatories will be provided. 7. Sanitation a. Program sites must have adequate light, ventilation, air conditioning and heat. b. 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 in a safe and sanitary matter. C. Employees must see that garbage is removed from buildings daily.