HomeMy WebLinkAboutOrdinance 12537ORDINANCE NO. ~~~
AN ORDINANCE ESTABLISHING STANDARDS OF CARE FOR YOUTH
PROGRAMS OFFERED BY THE PARKS AND COMMUNITY SERVICES
DEPARTMENT; REQUIRING THAT THE STANDARDS BE PROVIDED TO
PARENTS OF EACH PROGRAM PARTICIPANT AND THAT PARENTS BE
INFORMED THAT THE PROGRAM IS NOT LICENSED BY THE STATE;
PROVIDING FURTHER THAT THE PROGRAM MAY NOT BE ADVERTISED
AS A CHILD-CARE FACILITY; MAKING THIS ORDINANCE
CUMULATIVE OF OTHER ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 42.041(b)(14) of the Human Resources Code
provides for an exemption from day-care licensing requirements for
certain youth recreation programs operated by a municipality; and
WHEREAS, the exemption requires that the governing body adopt
by ordinance standards of care for such programs after a public
hearing; and
WHEREAS, notice of the public hearing on this ordinance was
published in the Fort Worth Star-Telegram on May 5, 12, and 19,
1996, and notice of the hearing was duly posted in accordance with
the Open Meetings Act;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
SECTION 1.
That the City Council adopts the standards of care for
elementary-age (ages 5-13) recreation programs operated by the
Parks and Community Services Department as set forth in Exhibit
"A", attached hereto and incorporated herein. The standards
established include staffing ratios, minimum staffing
qualifications, minimum facility, health and safety standards, and
mechanisms for monitoring and enforcing the adopted local
standards.
SECTION 2.
The standards adopted herein shall be provided to the parents
of each program participant, and the parents shall be informed that
the program is not licensed by the state. The program may not be
advertised as a child-care facility.
SECTION 3.
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such Code are hereby repealed.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 4.
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 5.
This ordinance shall take effect and be in full force and
effect on and after the date of its passage, and it is so ordained.
APPRO ED AS TO FORM AND LEGALITY:
~~ ~~
Assistant City orney
Date: J`am' ~ ~- ~~
ADOPTED: S' a~'- ~~
EFFECTIVE : ~S ' ~ b' ' 9(Q
EXHIBIT A
FORT VVORTR YO~ITH PROGRAM STANAARDS 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 Scctton 42.041(b)(l4), Human :Kesourccs Code as approved by the Texas Legislature dunng
the 74th legislative session, Tb~e Standards of Care are intended to be minimum standards by which the City
of Fort Worth Parks and Comunaunity Services Department will operate the City's Youtlt Programs. The
programs operated by the City are reczeational in nature and are not day care programs.
General Administration
Definitions
A. City -City of Fort Worth.
B City Council -City Council of the Ciry of Fort Worth.
C Department -Parks and Cornrnunity Services Department of the City of Fort Woztli.
D Youth Program(s) -City of Fort. Worth Youth Pm~ams consistiwg of the After School Program, the
Sumtricr Day Camp Program, Mobile Recreation Program and other non-school day programs which
last one week (5 days) or longer
B, Program Manual -Notebook of policies, pzoccdures, required foixtts, and organisational and
pxogratnmtng infonnahon relevant to Fort Worth Youth Programs.
F Director -City of Fort Worth Parks and Community Services Department Director or hislher
designee.
G. Program Coordinator or Coordinator -City of Fort Worth Pazks and Community Services
Department Staff who has been assigned ad1riinistrativt; responsibility for a City of Fozt Worth
Youth Program.
H Pro~am Leader -City of Font Worth Parks and Commutity Services Departsrtent fiill-time, part-tirnc
staff, contract instzuctor or volunteer who has been assigned responsibility to implement the City's
Youth Programs.
I. Program Sitc -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 detetinuied to be eligible for a Fort Worth Youth Program.
K. Parents} - This term wilt be rued to represent one or both parent(s) or guardian(s) who have legal
custody and authority to enroll their child(ren) iti the Fort Worth Youth Prograiu.
L. Prograsri Staff -Term used to describe the person or persoxis who have been hired or have
volunteered to work for the City of Fort Worth and have been assigned responsibility for managing,
administering, or implc7nentirig some or all portions of the Fort Worth Youth Prograinas. This
definition also includes program coordinator, program Iader
M. Community Center -One type of facility used to host any program as listed in 1 D
2. Organization
A. The governing body of the City of Fort Worth Youth Program is the Fort Worth City Council.
B lmplementatiom of the Youth Program Standards of Caze 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 grid other nozi-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. Fazents of Participants will be provided a current copy of the Standards of Care pnor to the start of
the Youth Pzogzaua, preferably d~u~ing the registration process.
F Cziminal background checks will be conducted on prospective Program Staff. 1f results of that
criminal check indicate that an applicant has been convicted of airy 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,
Stiurduds of Care
City of k'ort \Vorth
Parks and Community Scrvicas Department
rage a of~
(2) a felony or a misdemeanor classified as public indecency,
(3) a felozty or a misdemeanor violation of any law intended to control tlic possessioix or
distribution of any controlled substance,
(4) any offense involving moral turpitude, or
(5) any offense that would potentially put the City of Fort 1~Yorth at ask.
Inspect<on/Monitoring/Enforcement
A. A moniliiy uiepection report will be iniUiatcd by the Coordinator of each Youth Program to confum
compliance with the Standards of Care.
(1) Inspection reports will be sent to the Duector for review and kept on record for at least two
~ears-
(2) The Director will review the report and establish deadlines and critena for compliance with
the Standards of Care.
B The Director will make visual inspections of the Youth Pro~am based oia the following schedule.
(1) Each After School Program Site will be inspected bimonthly This may be scheduled or
unscheduled.
(2) The Summer Day Camp Youth Program and Mobile Recreation Youth Program will be
inspected twice dunng 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 duected to the Coordinator The
Coordinator will be responsible for taking the necessary steps to resolve the problems. Coniplamts
regarding enforcement of the Standards of Care and their resolution will be recorded by the
Coordinator Serious coniplaiirts regarding entorcencicnt of the Standards of Care will be addressed
by the Oircctor and the complaints and the resolutions will be noted.
D The Director will nnake an annual report to the City Council on the overall status of the Youth
Programs and then operation relative to compliance with the adopted Standards of Care
4 Enrollment
A. Before a child can become a 'Y'outh Program Participant, the parents must sign registration foniis
that contain the child's:
(1) name, address and home telephone number,
(2) In Case of an Emerbency contact names and telephone numbers during Youth Program
hours,
(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 accomodations.
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
Staffing -Responsibilities and Training
Standards or' Cue
City of Fort Worth
Puacs and Community Sctviceg Dop~hnont
Patio 3 of 7
ti Program Coordinator (Coordinator) Qualifications
A. Coordinators will be a professional 5~taff of the Ciiy of Fort Worth Parks and Community Services
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 Z 1 years old.
C. Coordinators must have a bachelors degree frozit an accredited college or university or a minimum
of five (5) years of full-time recreation pm~am supervision experience in Parks and Recreation.
Acceptable degrees include Recreation Administration or General Recreation, Physical Education,
Horticulture, Elementary or Secondary Education, Biology; Zoology, Briviroiunental Education or
any other comparable degree plan that would lend itself to working in a public reereadon
environment.
D Coordinators must have a minunum of two years experience planning and izriplenieiiting recreation
or cducahonal activities.
E. Coordinators must be able to pass a backgound investigation including a test for illegal substances.
F Coord.iriators must have successfully completed a course in first aid and Cardio Pulmonary
Rcsuscitat<on (CPR) based on American Heart Association, American Red Cross or National Safety
Council Standards and have current cemfication
G. Coordinators must be able to furnish proof of a clear tuberculosis test taken within 12 months prior
to their employment date.
7 Coordinator Responsibilities
A. Coordinators are responsible for administrating the Routh Program's daily operations in cozxiplian.e
with the adopted Standards of Care.
B Coordinators are responsible for recommending for hiring, supervising and evaluating Leaders.
C Coordinators are responsible far planning, implementing and evaluating Youth Programs
8 Program Leader {Leader) Qualifications
A. Leaders will be full-tune, part-Uriie, or temporary employees of the Parks and Community Services
Department or volunteers.
B Leaders working with Participants must be age l6 or older, however, each Program Site will have
at least one Staff 18 years or older present at all tunes 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~udgeiiient grid self-control when
working with Participants.
l7 Leaders must relate to Participants with courtesy, respect, tolerance and patience.
E_ Lcadcrs should have current certification in first aid and CPR based on either American Heart
Association, American Red Cross or National Safety Council standards At least one Leader at each
Program Site must have current certifications.
F Each. Lcadcr applicant must be able to furnish proof of a clear tuberculosis test which was completed
within the 12 months prior to their employment date.
G Leaders nnust pass a background investigation including a test for illegal substances.
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 parncipate in appropriate social opportunities with
their peers.
B Lc;aders will be responsible to know and adhere to all City, Departmental, Arid Youth Program
Sts~aJards of Care
City of Kort lvorth
Yarkn snd Commtutity Sorviccs llepartmeni
Page 4 of 7
standards, policies and procedures that apgIy to the Youth Programs.
C Leaders must ensure that Participants are released only to a Parent or an adult designated by the
Parent. All Program Sites will have a copy of the Department gwdelines to verify the identity of
a person authorized to pick up a Participant if that person is not known to the Loader
10 Tzaining/Qnentation
A. The Depardment is responsible to provide tTaixiing and orientation to Youth Program a-taff in working
with Participants and for specific job responsibilities. Coordinators will provide each Leader with
a Program Manual specific to each Youth Pro~am.
B Leaders must be familiar with the Standards of Cazc for Youth Programs as adopted by the Cily
Council.
C Program Staff ui:ust be familiaz with the Youth Program`s policies including discipline, guidance and
zelcase of Participants as outlined in the Program Manual.
D Program Staff will be trained in appropriate procedures to handle emezgcncies
E. Program Staffwill be trained in areas including City, Department and Youth Program policies and
procedures, zectcation activities organization, safety issues, prograrri organization, acid other areas
as required by Youth Pzogxam assigned.
F Program Staffwill be required to sign an acknowledgment that they received the required traiiring.
Operations
I 1 Staff-Participant Ratio
A. In a Youth Program, the standard ratio of Participants to Staff' is 20 to 1 1n the event a Leader is
tenable to report to the Program Site, a tcplaccment will be assigned by the Coordinator In the case
of greenschool, the session would be cancelled.
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.
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 hazsh 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 sigt Participant discipline reports to indicate they have been advised about specific
problems or incidents.
B. A sufficient number and/or 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 Frogcaininiiag
A. Program Staff; will provide cultural, educational and rcezcational programs for each group of
Participants according to their ages, interests and abilities. The activities will be appropriate to
Participant's health, safety acid well-being. The activities also will be flexible and promote the
Partiaipant's ennotiozial, social and mental growth.
B. Program Staff will attempt to provide indoor and outdoor time periods to tnclude•
Stxndxrde of Caro
City of Port Worth
Parka attd Community Sotvioes Dcpaslrnent
i'xgo S of ~
(1) alternating active and passive activities,
(2) opportunity for :individual, small and large group activities, and
(3) outdoor tiritc 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 dunng
any transportatton provided by the Youth Program.
(1) h~uriiig field trips, Program Staff will have immediate access to emergency medical forms
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, specif tally before departure to and from destination.
(3) Program Staff will have fast aid supplies azid a guide to first aid and emergency care
available on Meld trips.
14 Communication
A. Each remote Program Site will have a pager to allow the Site to be contacted by Staff and each
program Site will have access to a telephone for use in contacting Staff or making emergency
telephone calls.
B At each Program Site the Coordi>ator will post the following telephone numbers adjacent to a
telephone accessible to all Program Staff:
(1) City of Fort Worth ambulance or emergency medical services
{2) City of Fort Worth Police Department
(3) City of Fort Worth Fire Department
(4) Parks and Community Services Department Administrative Office
(5) Numbers at w}uch parents may be reached
(ti) Telephone number and address for the Progrann Site itself
(7) Tclephozie number of Coordinator's office
15 Transportation
A. Before a Participant cart be transported to and from City sponsored activities, a transportation form,
completed and sigmed 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.
C All vehicles used for transporting Participants will have a G-BC portable fire extingmshcr installed
iri the passcnge7 compartment of the vehicle, accessible to the adult occupants.
D Seatbelts will be worn if provided.
E. Paitticipatits will be oriented to expected behavior and safety rules.
Facility Standards
16 Safety
A. Program staffwill inspect Program Sites daily checking for sanitation and safety concerns that might
affect the health and safety of the Partcipants. A~ daily inspection will be completed by the Program.
Staff and kept on file by the Coordinator
B Buildings, grounds anal equipment on the Program Site will be inspected, cleaned, repaired a>xd
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 flit duration of any off-Site activity Program Stall' will have an
Stu-darJs of Carc
City of Po=t worth
Parka and Coionrtlutuly Sozvi~es Depazttixcnt
Page 7 of 7
ziicdications will be kept in the refrigerator (when available). Medications will be kept
separate from the food.
C Toilet Facilities
(1) The Program Srte will have toilets located and equipped so Participants can use them
independezitly and Program Staff can monitor as needed.
(2} There will be one toilet for every 3U Participants. Urinals may be counted in the ratio of
toilets to Participants, but will trot exceed 50% of the total number of toilets.
(3) An adequate number of lavatones will be provided.
D Sanitation
(1) The indoor Progam Sites must have adequate light, ventilation, air conditioninb and heat.
(2) The Program Site will have an adequate supply of water meeting the Texas Aepartment of
Health standards for druokiitg water VV'atex will be supplied to the Participants in a safe and
sanstary,manner
(3) Program Staff will remove garbage from Program Sites daily
(4) All waste matters will be kept ui a leakproof, covered container
END OF STANDARDS Old` CARE
Standards of.Cara
City of Fort Worth
Parks and Gomtnunity Services Aepacttnent
Pxga 6 of 7
inimechate 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 safeguazds that keep Participants from being inured.
F Program Sitc porches and platforms more than 3U 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 Stag' first pnoriiy 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 obsexved. The report will be forwarded to the Director who
will review it and establish the deadline and cnteria fox 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 fonvardcd to the Director who will keep the report on file for a
rninimum of two years. All Program Staff will be trained i.b the proper use of firs extinguisher
D Fire drills wail 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
18 Health
A. Illnes s or ln~ury
(1) A Participant who is considered to be a health or safety conce~nn to other Participants or
Staff will not be adtniued to the YouW Program.
(2) Illnesses and injuries will be handled in a manner to protect the health of all Participants
and Staff
(3) Program Statl'will follow emergcrtcy procedures for injured Participants or for Participants
with symptoms of an acute illness as specified in the Prograni Manual.
(4) Program Staff will follow the recommendations of the Texas Department of Health
concerning the admitssion 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 incdication only if:
(i) Parent(s) complete acid 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 Paticipant'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} Nonprescription medications are labeled with tlie: Participant's Warne and the date the
medication was brought to the Youth. Program. Nonprescription medication must be in the
onginal contanner The Program Staff will adrainistcr 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. No injecGOns will be administered by
the Program Staff,
(5) Program staff will ensure medications are inaccessible; w Participants. If necessary,
City of Fort Worth, Texas
Mayor and Council Communication
DATE
NUMBER LOG NAME PAGE
05/28/96 G-11488 80YOUTH 1 of 2
SUBJECT ORDINANCE ESTABLISHING STANDARDS OF CARE FOR CITY YOUTH RECREATION
PROGRAMS
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
The State of Texas Department of Protective and Regulatory Services has the responsibility
regarding the licensing of day care sites During the past three years several metroplex cities
have been cited as not being licensed as day care facilities for their youth programs As a result,
the decision was made to pursue the revision of the state law so that municipal youth recreation
programs would be exempt from the licensing requirements
A Bill sponsored by Senator Jane Nelson and Representative Kenny Marchant (Acts 1995, 74th
Legislature, Chapter 847, Section 1) was passed during the 74th Session of the Texas
Legislature Based on that legislation, municipal youth recreation programs can be exempted
from the state's day care licensing statute if the cities comply with the provisions of that
legislation, which amends the Human Resources Code
Section 42 041 (bl(14J, Human Resources Code exempts from the licensing requirements
An elementary-age (ages 5-131 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
PACSD staff has developed the required Standards of Care which, when adopted, will fulfill .the
requirements of the State Code The proposed Standards of Care have been reviewed by the
Department of Law, YMCA of Metropolitan Tarrant County and Camp Fire First Texas Council
Printed on Regded Paper .
City of Fort Worth, Texas
Mayor and Council Communication
{
€,;
i ~,.
~.
~!'
DATE
05/28/96 REFERENCE NUMBER
G-11488 LOG NAME
80YOUTH PAGE
2 of 2
SUBJECT ORDINANCE ESTABLISHING STANDARDS OF CARE FOR CITY YOUTH RECREATION
PROGRAMS
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that this action will have no material effect on City funds
LW a
Submitted for City Manager's FUND ACCOUNT CEN'T'ER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Libby Watson 6183 ~~~~ ~~~~~
Originating Department Head:
WIRY ~~ '~gs
Richard Zavala 5700 (from)
G~J
For Additional Information L
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Contact: rth, Texas
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City
Richard Zavala 5700
Printed on Reryded Paper