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HomeMy WebLinkAboutOrdinance 16092ORDINANCE NO ` (P AN ORDINANCE READOPTING AND AMENDING THE STANDARDS OF CARE FOR YOUTH PROGRAMS OFFERED BY THE PARKS AND COMMUNITY SERVICES DEPARTMENT BY AMENDING SECTION 9 `LEADER RESPONSIBILITIES, OF `GENERAL ADMINISTRATION" TO ADD A NEW SUBSECTION `SUBSECTION D TO REQUIRE LEADERS TO BE RESPONSIBLE FOR SUPERVISED ACCESS TO THE RESTROOMS FOR PARTICIPANTS, 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 That the Standards of Care for youth programs offered by the Parks and Community Services Department adopted m 199 are hereby readopted for 2004 as amended herein. SECTION 2. Section 9 `Leader Responsibilities" of `General Administration is hereby amended to add a new subsection, Subsection D to read as follows. D Leaders will be responsible for supervised access to the restrooms for Participants. SECTION 3. The adopted Standards of Care, as amended, are set forth m Exhibit A attached hereto and incorporated herein. SECTION 4. This 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 m 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 of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed.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 5. 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 ~unsdiction, 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 m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY U~ ~- Assistant Ci ttorney ADOPTED• ~ '~ ~ -~D `1 EFFECTIVE. ~ tea' `F~ EXHIBIT A 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 dunng 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 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 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 Protective and Regulatory Services has issued an exemption determination certificate to the City of Fort Worth. General Administration 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 Day Camp Program, Mobile Recreation Program and other non-school day programs which 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 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. 2004 Standards of Care 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, admmistenng, 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 1.D 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 public and 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 Crixmnal 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 be considered for employment: (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. Inspection/Monitoring/Enforcement 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 2004 Standards of Care 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 maybe 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 (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 and (7) Designation of need for reasonable accommodations. 5 Suspected Abuse A. Program Staff will report suspected child abuse in accordance with the Texas Family Code, telephone number (817) 640-6200 B. Program Staff will receive basic training related to child abuse prevention and how to report suspected abuse. 2004 Standards of Care 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 m Section 8 of this document. B Coordinators must be at least 21 years old. C. Coordinators should possess the following combination of experience and framing. (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 and Cardio Pulmonary Resuscitation (CPR) based on American Heart Association, American Red Cross or National Safety Council Standards. 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 every year and provide proof of a clear tuberculosis 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, or temporary employees of the Parks and Community Services Department or volunteers. B. Leaders 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. 2004 Standards of Care D Leaders must relate to Participants with courtesy respect, tolerance and patience. E. Leaders must have current certification m first aid and CPR based on Amencan Heart Association, American Red Cross or National Safety Council standards. F Leaders must pass a background investigation mcludmg 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. 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. 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 fob responsibilities. Coordinators will provide each Leader with a Program Manual specific to each Youth Program. B Leaders 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 mcludmg 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. 2004 Standards of Care 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 dunng the registration process. C. Participants with special needs requiring personal assistance, i.e., feeding, changing of clothes, using the restroom, must provide an attendant for the duration of the program. Staff will not provide personal assistance. The attendant will be adirutted to the program free of charge. 12. Discipline A. Program Staff will implement discipline and guidance in a consistent manner based on the best interests of Participants. B. There will be no cruel treatment or harsh punishment. 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 andlor severe nature of discipline reports, as detailed in the Program Manual, may result in a Participant being suspended from the Youth Program. F Participants will be removed from the Program Site as soon as possible in instances of danger to other Participants or Staff. 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. 2004 Standards of Care 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 malang emergency telephone calls. At each Program Site the Coordinator will post the following telephone numbers adjacent to a telephone accessible to all Program Staff: 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 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. 2004 Standards of Care 16 Safety Facility Standards 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 m a designated location, during transportation, and for the duration of any off-Site activity Program Staff will have an 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 apre-designated safe area. B The Program Site will have an annual fire inspection by the local Fire Marshall, and the resulring report will detail any safety concerns observed. The report will be forwarded to the Director who will review rt 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) ABer School Youth Program Once every three months 18. Health (2) Other Youth Programs Once during each program 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. (3) Program Staff will follow emergency procedures for injured Participants or for 2004 Standards of Care 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 Health concerning the admission or readmission of any Participant after a communicable disease. 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. The release will include a hold harmless clause to protect the City (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 Srtes 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 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 m a leakproof, covered container 2004 Standards of Care E. Special Needs (1) Every reasonable accommodation will be made to address special needs participants. (3) 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 2004 Standards of Care r'~ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 8/24/2004 Ordinance No 16092 DATE Tuesday August 24 2004 LOG NAME. 80STANDARDS2004 REFERENCE NO *G-14468 SUBJECT Adopt an Ordinance Establishing Standards of Care for Youth Programs in the Parks and Community Services Department RECOMMENDATION It is recommended that the City Council adopt by an ordinance the Standards of Care for Youth Programs in the Parks and Community Services Department. DISCUSSION In May 1996 the City of Fort Worth adopted an ordinance for Standards of Care for youth programs. This ordinance was in accordance with an amendment to Section 42 041 (b) (14) Human Resources Code as approved by the Texas Legislature during the 74th Legislative Session. Based on that legislation municipal youth recreation programs can be exempted from the state s licensing requirement if the City complies with the provisions of that legislation which amends the Human Resources Code. Section 42.041 (b) (14) Human Resources Code states that a license is not required for '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 minimum staffing ratios minimum staff qualifications, minimum facility health and safety standards and further provide 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 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 years' activities. Youth programs were offered at nineteen community centers two mobile sites, the Botanic Garden and the Log Cabin Village and 2. Average ratio of participants to staff during these was 15 1 and 3 All staff received a tuberculin test; and 4 All staff members at each facility were certified in first aid and CPR, and 5 All staff received training on the Standards of Care and 6 Safety inspections are completed at each facility on a weekly basis during youth programming Lo~name• 80STANDARDS2004 Paae 1 of 2 '? Feedback regarding effectiveness of the program was received from parents and staff Overall the parents were appreciative that standards had been set. They felt that the standards established a framework for an effective program that provided a safe environment for their children as they participated in various activities These Standards are in place year round On an annual basis they will be reviewed and revised accordingly In accordance with the legislation the Standards and Ordinance must be submitted for adoption by the City Council on an annual basis. In response the Parks and Community Services Department will evaluate the program and make any revisions necessary and submit the Ordinance for Parks and Community Services Advisory Board for City Council consideration An administrative change was made to the Leadership section to clairfy information regarding leaders' responsibilities in this area FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b~ Libby Watson (6183) Originating Department Head Richard Zavala (5704) Additional Information Contact: Melody Mitchell (5719) Logname 80STANDARDS2004 Paae 2 of 2