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HomeMy WebLinkAboutOrdinance 13775ORDINANCE NO. p / ~ ? ~ AN ORDINANCE READOPTING AND AMENDING THE STANDARDS OF CARE FOR YOUTH PROGRAMS OFFERED BY THE PARKS AND COMMUNITY SERVICES DEPARTMENT, BY THE ADDITION OF SUBSECTION 6(G), PROVIDING THAT A PROGRAM COORDINATOR MUST TAKE A TUBERCULOSIS TEST EVERY YEAR AND PROVIDE PROOF OF A CLEAR TEST; 8(H) PROVIDING THAT A PROGRAM LEADER MUST TAKE A TUBERCULOSIS TEST EVERY YEAR AND PROVIDE PROOF OF A CLEAR TUBERCULOSIS TEST; 9(C) PROVIDING THAT PARTICIPANTS ARE ONLY RELEASED TO A PARENT OR AN ADULT DESIGNATED BY A PARENT OR THE PARENT MAY SIGN A RELEASE ALLOWING THE PARTICIPANT TO SIGN HIMSELF IN OR OUT; 11(A) PROVIDING THAT THE RATIO OF PARTICIPANT TO STAFF IS 20 TO 1 BASED ON AVERAGE DAILY ATTENDANCE, 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 in 1997 are hereby readopted for 1999, as amended herein. The amendments are as follows. 6 Program Coordinator (Coordinator) Qualifications G Coordinators must take a tuberculosis test every year and provide proof of a clear tuberculosis test. 8 Program Leader (Leader) Qualifications H. Leaders must take a tuberculosis test every year and provide proof of a clear tuberculosis test. 9 Leader Responsibilities 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 m or out, the Parent must sign a release giving said authorization. All Program Sites will have a copy of the Department guidelines to venfy the identity of a person authonzed to pick up a Participant if that the Leader does not know that person. 11 Staff-Participant Ratio A. In a youth program, the standard ratio of Participants to Staff is 20-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. In the case of greenschool, the session would be canceled. The adopted Standards of Care, as amended, are set forth in Exhibit "A", attached hereto and incorporated herein. SECTION 2. 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 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 ~unsdiction, such unconstrtutionalrty shall not affect any of the remaimng 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 4. This ordinance shall be in full force and effect after its passage and it is so ordained. APPROVED AS TO FORM. ~~;~ Assistant City Attorne DATE '~ ' S' g~I ADOPTED EFFECTIVE EXHIBIT "A" FORT WORTH YOUTH PROGRAM STANDARDS OF CARE The followmg 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 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 day care programs. General Administration Definitions A. City -City of Fort Worth B City Council -City Council of the City of Fort Worth 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 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 Crty's Youth Programs. I. Program Site -Area or facilities where City of Fort Worth Youth Programs are held. 1999 Standards of Care -page 1 Participant - A youth whose parent(s) or guardian(s) have completed all required registration procedures and determined to be eligible for a 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 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, program leader M. Community Center -One type of facility used to host any program as fisted in 1.D 2. Organization A. The governing body of the City of Fort Worth Youth Program is the Fort Worth City Council. B Implementation of the Youth Program Standards of Care is the responsibility of the Parks and Community Services Department Director and Departmental 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 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 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 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. 1999 Standards of Care -page 2 3 Inspection/Monitoring/Enforcement A. The Coordinator of each Youth Program to confirm compliance with the Standards of Care will initiate a monthly inspection report. (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 sign registration forms that contain the child's (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 far reasonable accommodations. 1999 Standards of Care -page 3 5 Suspected Abuse A. Program Staff will report suspected child abuse m accordance with the Texas Family Code, telephone number, (817) 640-6200 B Program Staff will receive basic framing 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 City of Fort Worth Parks and Community Services 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. F C Coordinators should possess the following combination of experience and training. (1) One year experience in coordinating, planning, or instructing athletics or recreational programs and events. (2) Equivalent to an associates degree from an accredited institution with coursework in Recreation/Leisure, Park and Recreation Management, Physical Education, or a closely related field. D Coordinators must be able to pass a background investigation including a test for illegal substances. E. Coordinators must have successfully completed a course m first aid and Cardio Pulmonary Resuscitation (CPR) based on American Heart Association, American Red Cross or National Safety Council Standards and have current certification. 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 Leaders. C Coordinators are responsible for planning, implementing and evaluating Youth Programs. 1999 Standards of Care -page 4 X 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 4 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 should have current certification in first aid and CPR based on American Heart Association, American Red Cross or National Safety Council standards. F Each leader applicant must be able to furnish proof of a clear tuberculosis test that was completed within the 12 months prior to his or her employment date. G Leaders must pass a background investigation including a test for illegal substances. 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 that the Leader does not know that person. 10 Training/Orientation A. The Department is responsible to provide training and orientation to Youth Program staff m working with Participants and for specific job 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 m the Program Manual. 1999 Standards of Care -page 5 D Program Staff will be trained m 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 Youth Program assigned. 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 20 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. In the case of greenschool, the session would be canceled. B Each Participant will have a Program Staff who ~s 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. 12. Discipline A. Program Staff will implement discipline and guidance m 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. 1999 Standards of Care -page 6 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 m 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 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: 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 transportation form, completed and signed by a Parent of the Participant, will be filed with the Coordinator B First aid supplies and a first aid and emergency guide will be available in all Youth Program vehicles that transport Participants. 1999 Standards of Care -page 7 D 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. E. Seatbelts will be worn if provided. F Participants will be oriented to expected behavior and safety rules. 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 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 Srte 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 first priority is to evacuate the Participants to apre-designated safe area. B The Program Srte 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 fire extinguisher will be inspected monthly by the Coordinator, 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 session 1999 Standards of Care -page 8 fs 18 Health A. Illness or Injury (1) A Participant who is considered to be a health or safety concern to other Participants or Staff will not be admitted to the Youth Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all Participants and Staff. (3) Program Staff will follow emergency procedures for inured 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 Health concerning the admission or readmission of any Participant after a communicable disease. B Program Staff has the option to administer medication. If the Program Staff exercises this option, they will administer medication only i£ (1) Parent(s) complete and sign a medication form that provides authorization for Staff to dispense medication with details as to times 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 Participant's name, a date, directions and the physician's name. 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. (4) Medications dispensed will be limited to routine oral ingestion, not requiring special knowledge or skills on the part of the Program Staff. The Program Staff will administer no injections. (5) Program staff will ensure medications are inaccessible to Participants. If necessary, medications will be kept in the refrigerator (when available). Medications will be kept separate from the food. 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. 1999 Standards of Care -page 9 D Sanrtahon (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 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 END OF STANDARDS OF CARE 1999 Standards of Care -page 10 City of Fort Worth, Texas NJAyar And Council Commun~cAtion DATE REFERENCE NUMBER LOG NAME PAGE 4/20/99 G-12542 80STANDARDS 1 of 3 suB~ECT ORDINANCE ESTABLISHING STANDARDS OF CARE FOR YOUTH PROGRAMS IN THE PARKS AND COMMUNITY SERVICES DEPARTMENT RECOMMENDATION It is recommended that the City Council adopt the attached ordinance establishing Standards of Care for youth programs in the Parks and Community Services Department. DISCUSSION In May 1996, the City Council established 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 state licensing requirements if cities comply with the provisions of that legislation, which amends the Human Resources Code Section 42.041 (b) (14), Human Resources Code 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 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 are intended to be minimum standards by which the 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." This report, listed below, provides information regarding the prior years activities. Facts regarding compliance with the Standards of Care for 1998 include the fotlowing• • Youth programs were offered at seventeen community centers and the Botanic Garden year-round • Average ratio of participants to staff during the Summer Day Camp Program was fourteen-to-one. • All staff received a tuberculin test. • At least one staff member at each facility was trained in first aid and CPR. • All staff received training on the Standards of Care. • Safety inspections were completed at each facility on a weekly basis during youth programming. City of Fort Worth, Texas ~l~uy~r And C,aunc;l L,,ammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 4/20/99 G-12542 80STANDARDS 2 of 3 SUBJECT ORDINANCE ESTABLISHING STANDARDS OF CARE FOR YOUTH PROGRAMS IN THE PARKS AND COMMUNITY SERVICES DEPARTMENT Feedback regarding the 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 provided the framework for an effective program that provided a safe environment for their children as they participated in the various activities. More parents got involved in the Summer Day Camp Program, including field trip participation Parents and staff knew what was expected and how it was to be accomplished. 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 to the City Council for adoption on an annual basis. In response, the Parks and Community Services Department will evaluate the program, make any revisions necessary, and submit the ordinance for consideration to the Parks and Community Services Advisory Board and the City Council. Prior to submitting the Standards of Care for approval for 1999, staff reviewed the standards and made the following changes: 6 Program Coordinator (Coordinator) Qua~~fcations G Coordinators must take a tuberculosis test every year and provide proof of a clear test. 8 Program Leader (Leader) QualificationG H Leaders must take a tuberculosis test every year and provide proof of a clear test. 9 Leader Responsibilities C If parents wish their children to sign themselves in/out, parents must sign a release giving said authorization. 11 Staff-Participant Ratio A. In a youth program, the standard ratio of participants to staff is 20-to-1, based on average daily attendance. On March 23, 1999, the Parks and Community Services Advisory Board endorsed the Standards of Care. This :program is located in all Council Districts. City of Fort Worth, Texas M'Ayar and Council CommunicAt;an DATE 4/20/99 REFERENCE NUMBER G-12542 LOG NAME 80STANDARDS PAGE 3 of 3 SUBJECT ORDINANCE ESTABLISHING STANDARDS OF CARE FOR YOUTH PROGRAMS IN THE PARKS AND COMMUNITY SERVICES DEPARTMENT FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds LW k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~~0~~ Libby Watson 6183 CITY COU~dCA Originating Department Head: ~ ~~ Richard Zavala 5704 (from) ApR Additional Information Contact: ~ l~~J City Secretary of tAe Texas t ~I/arth Cit f F Richard Zavala 5704 , or y o B-do~te~ ~rdinanr~ do.~~?~.