Loading...
HomeMy WebLinkAboutOrdinance 20194-05-2012ORDINANCE NO. 20194-05-2012 AN ORDINANCE ADOPTING THE STANDARDS OF CARE FOR 2012 FOR YOUTH PROGRAMS OFFERED BY THE PARKS AND COMMUNITY SERVICES DEPARTMENT; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. In accordance with section 42.041(b)(14) of the Texas Human Resources Code, having held a public hearing, the Fort Worth City Council hereby adopts the following standards of care for 2012 for the elementary-age recreation programs operated by the City of Fort Worth Parks and Community Services Department: FORT WORTH YOUTH PROGRAM STANDARDS OF CARE The following Standards of Care have been adopted by the City Council of the City of Fort Worth, Texas to comply with the amendment to Section 42.041 (b) (14), Human Resources Code as approved by the Texas Legislature during the 74th legislative session. An elementary -age (ages 5 -13) recreation program operated by 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 finrther 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. The Standards of Care are intended to be minimum standards by which the City of Fort Worth Parks and Community Services Department will operate the City's Youth Programs. The programs operated by the City are recreational in nature and are not licensed by the state of Texas as certified day care programs. The Texas Department of Family and Protective Services has issued an exemption determination certificate to the City of Fort Worth. General Administration 1. Definitions A. City - City of Fort Worth B. City Council - City Council of the City of Fort Worth, Texas C. Department - Parks and Community Services Department of the City of Fort Worth D. Youth Program(s) - City of Fort Worth Youth Programs consisting of the After School Program, the Summer Dav Camp Program, Mobile Recreation Program. and other non- school day 2012 Standards of Care Page 1 of 1 1 Ordinance No. 20194 -05 -2012 programs that last one week (5 days) or longer. E. Program Manual - Notebook of policies, procedures, required forms, and organizational and programming information relevant to City of Fort Worth Youth Programs. F. Director - City of Fort Worth Parks and Community Services Department Director or his/her designee. G. Program Coordinator or Coordinator - City of Fort Worth Parks and Community Services Department Staff who has been assigned administrative responsibility for a City of Fort Worth Youth Program. H. Program Leader — City of Fort Worth Parks and Community Services Department full -time, part-time, seasonal, temporary staff, contract instructor or volunteer who has been assigned responsibility to implement the City's Youth Programs. I. Program Site - Area or facilities where City of Fort Worth Youth Programs are held. J. Participant - A youth whose parent(s) or guardian(s) have completed all required registration procedures and determined to be eligible for a City of Fort Worth Youth Program. K. 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 City of Fort Worth Youth Program. L. Program Staff - Term used to describe the person or persons who have been hired or have volunteered to work for the City of Fort Worth and have been assigned responsibility for managing,. administering, or implementing some or all portions of the Fort Worth Youth Programs. This definition also includes Program Coordinator and Program Leader. M. Community Center - One type of facility used to host any program as listed in I.D. 2. Organization A. The governing body of the Youth Program is the City Council. B. Implementation of the Fort Worth Youth Programs Standards of Care is the responsibility of the Director and Program Staff. C. Youth Programs to which these Standards of Care will apply are the After School Program, the Summer Day Camp Program, Mobile Recreation Program, and other non - school day programs that last one week (five days) or longer. D. Each Program Site will have a current copy of the Standards of Care available for the public and Program Staff. E. Parents of Participants will be provided a current copy of the Standards of Care prior to the start of the Youth Program, preferably during the registration process. F. Criminal background checks will be conducted on prospective Program Staff. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not he considered ti (1) A felony or a misdemeanor classified as an offense against a person or family, (2) A felony or a misdemeanor classified as public indecency, (3) A felony or a misdemeanor violation of any law intended to control the possession or distribution of any controlled substance, (4) Any offense involving moral turpitude, or (5) Any offense that would potentially put the City of Fort Worth at risk. In addition, checks of the Texas Department of Public Safety database for the Texas Sex Offender Registration Program will be conducted on prospective Program Staff. If results of that check indicate that an applicant is a registered sex offender, he or she will not be considered for employment. 3. Inspection /Monitoring/Enforeement A. The Coordinator of each Youth Program will perform a monthly inspection of the facility to maintain compliance with the Standards of Care. (1) Inspection reports will be sent to the Director for review and kept on record for at least two years. (2) The Director will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Director will make visual inspections of the Youth Program based on the following schedule. (1) Each After School Program Site will be inspected bi- monthly. This may be scheduled or unscheduled. (2) The Summer Day Camp Youth program and Mobile Recreation Youth Program will be inspected twice during their summer schedule. (3) The other non - school day Youth Programs will be inspected once during the school breaks. 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 Director will address serious complaints regarding enforcement of the Standards of Care and the complaints and the resolutions will be noted. D. The Director will make an annual report to the City Council on the overall status of the Youth Programs and their operation relative to compliance with the adopted Standards of Care. 4. Enrollment A. Before a child can become a Youth Program Participant, the parents must register their child and provide the following information: ( 1) 'Name, address, and home telephone number; 2012 Standards of Care Page 3 of I 1 Ordinance No. 20194 -05 -2012 (2) In Case of Emergency, contact names and telephone numbers during Youth Program; (3) The names and telephone numbers of people to whom the child can be released; (4) A statement of the child's special problems and/or needs; (5) Emergency medical authorization, doctor's name, telephone number; (6) A liability waiver; (7) Designation of need for reasonable accommodations; and (8) Signed acknowledgement of program code of conduct. 5. Suspected Abuse A. Program Staff will report suspected child abuse to the Texas Department of Family and Protective Services, in accordance with the Texas Family Code, telephone number, 1- 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 6. Program Coordinator (Coordinator) Qualifications A. Coordinators will be a professional staff of the 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) Two years of responsible community center service or recreational programming experience. (2) Equivalent to a Bachelor's degree from an accredited college or university with major course work in Sports Management, Physical Education, Recreation, or a related field. D. Coordinators must be able to pass a background investigation, including a test for illegal substances. E. Coordinators must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) — Adult and Child, and AED (Automated External Defibrillator). These certifications must be from a nationally recognized certifying organization, i.e., American Heart Association or American Red Cross. 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 dery year and provide proof of a clear tuberculosis 2012 Standards of Care Page 4 of 1 1 Ordinance No. 20194-05-2012 test. 7. Coordinator Responsibilities A. Coordinators are responsible for administrating the Youth Program's daily operations in compliance with the adopted Standards of Care. B. Coordinators are responsible for recommending for hiring, supervising, and evaluating Program Leaders. C. Coordinators are responsible for planning, implementing, and evaluating Youth Programs. 8. Program Leader (Leader) Qualifications A. Leaders will be full -time, part-time, seasonal, or temporary employees of the Parks and Community Services Department or volunteers. B. Volunteers working with participants must be age 16 or older; however, each Program Site will have at least one staff 18 years or older present at all times, and all leaders must be at least four years older than the participants they are working with. C. Leaders should be able to consistently exhibit competency, good judgment, and self - control when working with Participants. D. Leaders must relate to participants with courtesy, respect, tolerance, and patience. E. Leaders must have a current certification in First Aid, Cardio Pulmonary Resuscitation (CPR) — Adult and Child, and AED (Automated External Defibrillator). These certifications must be from a nationally recognized certifying organization, i.e., American Heart Association or American Red Cross. F. Leaders must pass a background investigation, including a test for illegal substances. G. Leader applicants must be able to furnish proof of a clear tuberculosis test that was completed within the 12 months prior to their employment date. H. Leaders must take a tuberculosis test every year and provide proof of a clear tuberculosis test. I. Leaders must have a minimum of 6 months experience in recreation, education, or youth programs. J. Leaders must possess a High School diploma or GED certificate. 9. Leader Responsibilities A. Leaders 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. B. Leaders will be responsible to know and adhere to all City, Departmental, and Youth Program standards, policies and procedures that apply to the Youth Programs. 2012 Standards of Care Page 5 of 1 1 Ordinance No. 20193 -05 -2012 C. Leaders must ensure that Participants are released only to a Parent or an adult designated by the Parent. If a Parent wishes that their child sign himself in or out, the Parent must sign a release giving said authorization. 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 the Leader does not know that person. D. Leaders will be responsible for supervised access to the restrooms for Participants. 10. Training /Orientation A. The Department is responsible to provide training and orientation to Youth Program staff in working with Participants and for specific job responsibilities. Coordinators will provide each Leader with a Program Manual specific to each Youth Program. B. Program Staff must be familiar with the Standards of Care for Youth Programs as adopted by the City Council. C. Program Staff must be familiar with the Youth Program's 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, and Youth Program policies and procedures, recreation activities organization, safety issues, program organization, and other areas as required by assigned Youth Program. F. Program Staff will be required to sign an acknowledgment that they received the required training. Operations 11. Staff - Participant Ratio A. In a Youth Program, the standard ratio of Participants to Staff is 15 to 1, based on average daily attendance. In the event a Leader is unable to report to the Program Site, the Coordinator will assign a replacement. 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. C. Participants with special needs requiring personal assistance, i.e., feeding, changing of clothes, and using the restroom, must provide an attendant for the duration of the program. Program Staff will not provide personal assistance. The attendant will be admitted to the program free of charge. 12. Discipline A. Program Staff will execute discipline and guidance in a consistent manner based on the best interests of Participants. 13. There ��,III be no cruel treatment or harsh punishment. (phvsical or verbal abuse). Examples include, 2012 Standards of Care Page 6 of 1 1 Ordinance No. 20194 -05 -2012 but are not limited to, striking a child, belittling, or screaming at a child. C. Program Staff will use brief, supervised, separation (time out) from the group, if necessary. D. As necessary, Program Staff will initiate 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. A sufficient number and/or severe nature of discipline report(s), as detailed by the Disciplinary Action Policy in Program Manual, may result in a Participant being suspended from the Youth Program immediately. F. Participants will be removed from the Program Site as soon as possible in instances of danger to other Participants or Staff, includes but is not limited to continuous disruption of camp, inappropriate sexual behavior, bullying, hitting or biting other participants or staff and damage to any City property. 13. Programming A. Program Staff will provide cultural, educational, and recreational programs 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, and (3) Outdoor time each day as weather permits based upon room availability and weather conditions. C. Program Staff will be attentive and considerate of the Participant's safety on field trips and during any transportation provided by the Youth Program. (1) During field trips, Program Staff will have authorization for emergency medical care and emergency contact information for each Participant. (2) Program 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) Program Staff will have first aid supplies and a guide to first aid and emergency care available on field trips. 14. Communication Each remote Program Site will have a pager or two -way radio to allow the Site to be contacted by Staff. Each Program Site will have access to a telephone for use in contacting Program Staff or making emergency telephone calls. At each Program Site the Coordinator will post the following telephone numbers adjacent to a telephone accessible to all Program Staff: 2012 Standards of Care Page 7 of 1 1 Ordinance No. 20194 -05 -2012 A. City of Fort Worth ambulance or emergency medical services B. City of Fort Worth Police Department C. City of Fort Worth Fire Department D. Parks and Community Services Department Administrative Office E. Numbers at which parents may be reached F. Telephone numbers and address for the Program Site itself G. Telephone number of Coordinator's office H. Poison Control 15. Transportation A. Before a Participant can be transported to and from City sponsored activities, a field trip release located in the registration packet must be completed by the parent or guardian. B. First aid supplies and a first aid and emergency guide will be available in all Youth Program vehicles that transport Participants. C. All vehicles used for transporting Participants will have a 6 -BC portable fire extinguisher installed in the passenger compartment of the vehicle, accessible to the adult occupants. D. Seatbelts will be worn if provided. E. Participants will be oriented to expected behavior and safety rules. F. According to the Texas Occupant Restraint Law, every child younger than 8 years of age, unless the child is taller than four feet, nine inches, must be properly secured in a federally approved safety seat in accordance with the instructions of the manufacturer of the safety seat system. Facility Standards 16. Safety A. Program staff will inspect Program Sites weekly checking for sanitation and safety concerns that might affect the health and safety of the Participants. A weekly inspection report will be completed by the Program staff and kept on file with 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 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 _'0l ' Standards of Care Page R of 1 1 Ordinance No. ?0194 -05 -201? immediate access to a guide for first aid and emergency care. E. Program Site air conditioners, electric fans, and heaters will be mounted out of Participant's reach or have safeguards that keep Participants from being injured. F. Program Site porches and platforms more than 30 inches above the ground will be equipped with railings, except performance stages. 17. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program Staff's 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 Director 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 Coordinator will inspect the fire extinguisher monthly, and a monthly report will be forwarded to the Director who will keep the report on file for a minimum of two years. All Program Staff will be trained in the proper use of fire extinguisher. D. Fire drills will be initiated at Program Sites based on the following schedule. (1) After School Youth Program - Once every three months (2) Other Youth Programs - Once during each program 18. Health A. Illness or Injury (1) A Participant who is considered to be a health or safety concern to other Participants or Program Staff will not be admitted to the Youth Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all Participants and Program Staff. Participants having a fever over 100 degrees will not be allowed back into the program for 24 hours. (3) Program Staff will follow emergency procedures for injured Participants or for Participants with symptoms of an acute illness as specified in the Program Manual. (4) Program Staff will follow the recommendations of the Texas Department of State Health Services concerning the admission or readmission of any Participant after a communicable disease and a doctor's note will be required allowing participant's readmission to the program. B. Program Staff will administer medication subject to the following conditions: (1) Parent(s) complete and sign a medication release that provides authorization for Program Staff to dispense medication with details as to times and dosages. Ilse release will include a hold harmless clause to protect the City. 2012 Standards of Care Page 9 of I I Ordinance No. 20194 -05 -2012 (2) Prescription medications are in the original containers labeled with the Participant's name, a date, directions, and the physician's name. The prescribing physician must provide written guidelines. 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 Youth Program. Non - prescription medication must be in the original container. The Program Staff will administer medication only according to label directions and with written parental permission. (4) Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the Program Staff. (5) Program staff will ensure medications are inaccessible to Participants. If necessary, medications will be kept in the refrigerator. 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 may be 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 Program Sites 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 State Health standards for drinking water. Water will be supplied to the Participants in a safe and sanitary manner. (3) Program Staff will remove garbage from Program Sites daily. (4) All waste matters will be kept in a leakproof, covered container. E. Special Needs (1) Every reasonable accommodation will be made to address special needs participants. (2) For health and safety reasons, special needs participants must provide a personal attendant for assistance in feeding, changing of clothes, and using the restroom. END OF STANDARDS OF CARE SECTION 2. 2012 Standards of Care Page 10 of I 1 Ordinance No. 20194 -05 -2012 The ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. This ordinance shall take effect upon adoption. APPROVED AS TO FORM: Assistanvity Attorney Adopted and Effective: May 1, 2012 1012 Standards of Care Page 1 1 of I I Ordinance No. 20194-05-2012 City of Fort Worth, Texas Mayor and Council Communication ".,,.,.,. ...::w�,ew -.w l-......:x:. ,. ., s"w.. �: ww...: . _,. a w._. a :::kM% . I I- ...... _ s , .. :: e :wx COUNCIL ACTION: Approved on 5/112012 Ordinance No. 20194 -05 -2012 DATE: Tuesday, May 01, 2012 REFERENCE NO.: G -17587 LOG NAME: 80SOC -2012 SUBJECT: Conduct a Public Hearing and Adopt Ordinance Establishing Standards of Care for Youth Programs in the Parks and Community Services Department for 2012 (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council conduct a public hearing and adopt the attached ordinance establishing the Standards of Care for youth programs for the Parks and Community Services Department for 2012. DISCUSSION: The purpose of this Mayor and Council Communication is to request that the City Council adopt an ordinance establishing Standards of Care for youth programs in the Parks and Community Services Department for 2012. The Standards of Care set requirements for supervision of programs for youth ages five through 13. In 1995, the Texas Legislature amended Section 42.041 of the Human Resources Code to exempt elementary age (five through 13) municipal youth recreation programs from the State's licensing requirement under certain conditions. This law requires that a city annually adopt Standards of Care by ordinance after a public hearing. Adopted standards must be provided to the parents of each program participant and must 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. State law also requires that parents be informed that the program is not licensed by the State and that the program may not be advertised as a child care facility. The Standards of Care are intended to be minimum standards by which the City of Fort Worth Parks and Community Services Department will operate the City's youth programs. In accordance with Section 3.D of the ordinance, "the Director will make an annual report on the overall status of the youth programs and their operation relative to compliance with the adopted Standards of Care." The items listed below provide information regarding the prior year's activities: 1. Youth programs were offered at nineteen community centers, three mobile sites, the Botanic Garden and Nature Center. 2. Average ratio of participants to staff during these programs was 15:1. 3. All staff received a tuberculin test. 4. All staff members at each facility were certified in First Aid and CPR /AED. Logname: 80SOC -2012 Page 1 of 2 5. All staff received training on the Standards of Care. 6. Safety inspections were completed at each facility on a weekly basis during youth programming. These Standards of Care are in place year round. On an annual basis, they will be reviewed and revised if necessary. In accordance with the legislation, the Standards of Care and ordinance will be submitted for adoption to the City Council on an annual basis. One change is recommended for 2012 relating to the use of child safety seats, section 15, item F (changes in italics). At its March 28, 2012 meeting, the Parks and Community Services Advisory Board reviewed the Standards of Care and endorsed Staffs recommendation to the City Council to adopt these standards. The Standards of Care affect programs in all COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund /Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund /Account/Centers Susan Alanis (8180) Richard Zavala (5704) Mark Woolsey (5719) Logname: 80SOC -2012 Page 2 of 2