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Ordinance 2010-03 ORDINANCE NO. 2010-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING STANDARDS OF CARE FOR THE CITY OF WYLIE YOUTH PROGRAMS FOR 2010-2011; PROVIDING FOR A REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City of Wylie, Texas (the "City") will establish youth programs that provide a benefit and contribute to the overall well being of the City youth and their families; and WHEREAS, a hearing before the City Council of Wylie was set for March 9` 2010, such date being at least seven (7) days after publication of the notice of such public hearing and said notice appearing in The Wylie News on February 24, 2010 and March 3 rd 2010; and WHEREAS, the City adopts the 2010-2011 Standards of Care for its youth programs as required by Texas Human Resources Code 42.041(b)(14). NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Section 2. Standards of Care. The Wylie Youth Programs Standards of Care are adopted as described in Attachment "A", hereto, pursuant to Texas Human Resources Code 42.041. Section 3. Savings/Repealing. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Section 4. Severabilitv. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. City hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause or phrase thereof regardless of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No. 2010-03 Standards of Care Ordinance Page i 568607.v1 Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption and publication as required by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this the 9� day of March, 2010. Eric Hogue, ay r ATTEST: OF �1� Carole Ehrlich, City Secretary �W�` eoi.o�,y o K �Mi ATTEST: �gg7� L�G ��t Abernathy R der Boy Joplin P.C. Courtney A. Kuykendall, City Att ey Date of publication in The Wvlie News March 17, 2010 Ordinance No. 2010-03 Standards of Care Ordinance Page 2 568607.v1 City of Wylie Youth Programs Standards of Care Year 2010 The following Standards of Care will be adopted by the City Council of the City of Wylie, Texas in order to comply with 42.041(a)(b)(14), Texas Health and Safety Code, ("Standards of Care"). Standards of Care are intended to be minimum standards by which the City of Wylie Parks and Recreation Department will operate the City's Youth Programs ("Youth Programs"). The programs operated by the City are recreational in nature and are not dav care programs licensed bv the State of Texas. Terms and Definitions C�: City of Wylie, Texas. Citv Council: City Council of the City of Wylie, Texas. Coordinator: City of Wylie Parks and Recreation Department full-time Recreation Supervisor assigned administrative responsibility for the Wylie Wave Summer Day Camp. Department: Parks and Recreation Department of the City of Wylie. Director: City of Wylie Public Services Director or his or her designee. Emplovee(s): People who have been hired to work for the City of Wylie and have been assigned responsibility for managing, administering, or implementing some portions of the Wylie Youth Programs. Particiqant(s): A youth whose Parent(s)/Legal Guardian(s) have completed all required registration procedures and who is determined to be eligible for a Wylie Youth Program. Parent(s)/LeQal Guardian(s): Represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in the Wylie Youth Programs. Parent Manual: Wylie Youth Programs notebook of policies, procedures, required forms and organizational and programming information as relevant to the Parents/Legal Guardians. Proqram Site: Area and facilities where Wylie Youth Programs are held consisting of a Wylie Independent School District (W.I.S.D.) facility or City of Wylie properties. City of Wylie Parks and Recreation Department page 1 of 9 568613.v1 Youth Programs Standards of Care Year 2010 Site Supervisor. Assistant Site Supervisor and Proqram Leader: City of Wylie Parks and Recreation Department seasonal part-time employees who have been assigned responsibility to implement the City's Youth Programs. Staff Manual: Wylie Youth Programs notebook of policies, procedures, required forms and organizational and programming information as relevant to the Program Employees. Superintendent: City of Wylie Parks and Recreation Department full-time employee who has been assigned administrative oversight responsibility for the City's Youth Programs. Youth ProQram(s) or ProQram(s): City of Wylie recreational Youth Programs consisting of the Wylie Wave Summer Day Camp and future youth programs. I. General Administration A. Organization l. The governing body of the City of Wylie Youth Programs is the Wylie City Council. 2. Implementation of the Youth Programs' Standards of Care is the responsibility of the City of Wylie Public Service Director and Department Employees. 3. The Youth Program to which this Standards of Care applies is the Wylie Wave Summer Day Camp. 4. Each Youth Program Site will have available for public and Employee review a current copy of the Standards of Care. 5. The Standards of Care are included in the Parent Manual, available online and through Department Employees. B. Inspections, Monitoring and Enforcement l. A monthly inspection report will be initiated by the Site Supervisor of each Program to confirm the Standards of Care are being adhered to. 2. Inspection reports will be sent to the Superintendent for review and kept on record for at least two years. 3. The Superintendent will review the Inspection reports and establish deadlines and criteria for compliance with the Standards of Care. 4. The Superintendent will make visual inspections of the Program twice during the Program's season. City of Wylie Parks and Recreation Department page 2 of 9 Youth Programs Standards of Care Year 2010 5. Complaints regarding enforcement of the Standards of Care will be directed to the Coordinator. The Coordinator will be responsible to take the necessary steps to resolve the problems. The Superintendent will record complaints regarding enforcement of the Standards of Care and their resolution. Serious complaints regarding enforcement of the Standards of Care will be addressed by the Director and the complaint and the resolution will be noted. 6. The Superintendent 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. C. Enrollment 1. Before a child may be enrolled, a Parent/Legal Guardian must register the child and provide the following: a) name, address, home telephone number b) name and address of Parents/Legal Guardians and telephone numbers during Program hours c) the names and telephone numbers of people to whom the Participant may be released d) a statement of the Participant's medical conditions, medications and requested accommodations for special issues or needs e) proof of residency and/or proof of WISD enrollment when appropriate or requested by Program Employees fl a Waiver and Release form II. Employee Qualifications, Training and Responsibilities A. Qualifications 1. All Employees working in City of Wylie Parks and Recreation Programs must meet and adhere to the personnel qualifications which are required for the position. Job specifications will be available through the Department of Human Resources. City of Wylie Parks and Recreation Department page 3 of 9 You Programs Standards of Care Year 2010 2. Criminal background checks will be conducted on prospective Youth Program Employees. If results of that criminal check indicate that an applicant has been convicted of any of the following offenses, he or she will not be considered for employment: a) a felony or a misdemeanor classified as an offense against a person or family b) a felony or misdemeanor classified as public indecency c) a felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance d) any offense involving moral turpitude e) a felony or misdemeanor classified as DWI (driving while intoxicated) or DUI (driving under the influence) fl any offense that would potentially put Participants or the City of Wylie at risk 3. Coordinator a) Job qualifications and responsibilities are available through the Department of Human Resources. See also appendix A. 4. Youth Program Site Supervisor, Assistant Site Supervisor and Program Leader a) Job qualifications and responsibilities are available through the Department of Human Resources. See also Appendix B. B. Training 1. Employees must participate in staff orientation and training programs designed to educate Employees in working with Participants and to inform them of specific job responsibilities. Each Employee will be provided with a Staff Manual and Standards of Care. 2. Employees must be familiar with the policies, procedures, discipline, guidance and release of Program Participants as illustrated in the Staff Manual. 3. Employees will be trained in appropriate procedures to handle emergencies. City of Wylie Parks and Recreation Department page 4 of 9 Youth Programs Standards of Care Year 2010 4. Employees will be trained in City, Department and Program policies and procedures, provision of recreation activities and safety. 5. Employees will be required to sign an acknowledgment that they received the required training. C. Responsibilities 1. Employees must relate to the Participants with courtesy, respect, tolerance and patience. 2. Employees will be responsible for providing Participants with a safe and wholesome environment for appropriate activities. III. Operations A. Program Standards 1. Participant to Employee Ratio a) The standard ratio of Participants to Employees will be 15 Participants to 1 Program Employee. b) In the event an Employee is unable to report to the Program Site, a replacement will be assigned. 2. Program Employees will attempt to provide activities for each group according to the Participants' ages, interests and abilities. The activities must also be appropriate to Participants' health, safety and well being. 3. Program Employees will attempt to provide activities that include: a) alternating active and passive activities b) opportunity for individual and group activities c) outdoor time when weather permits B. Communication 1. Each Program Site will have a cell phone to allow the Program Site to be contacted by City personnel and each Program Site will have access to a telephone for use in contacting the City personnel or making emergency calls. City of Wylie Parks and Recreation Department page 5 of 9 You Programs Standards of Care Year 2010 2. The Program Site Supervisor will have the following phone numbers available to all Program Employees at each site: a) Wylie emergency medical services and police department b) Parents/Legal Guardians c) Program Employees d) The Program Site C. Discipline 1. Program Employees will implement appropriate discipline and guidance in a consistent manner based on the best interests of Program Participants. 2. There will be no cruel or corporal punishment. 3. Program Employees may use brief, supervised separation from the group to address an issue with a Participant if necessary. 4. As necessary, Program Employees will complete discipline reports. Parents/Legal Guardians may be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. Further action may be taken as outlined in the Parent Manual. 5. Offending Participants will be removed from the Program Site as soon as possible in instances where there is a danger to self, other Participants or Employees. IV. Health and Safety A. Illness or Injury 1. The City of Wylie shall not be responsible for pre-existing medical conditions of Participants. 2. Parents/Legal Guardians will be notified in cases of illness or injury and may be asked to remove the Participant from the Program. 3. A Participant who is considered to be a health or safety concern to other Participants or Employees will not be admitted to the Program. 4. Illnesses and injuries will be handled in a manner that protects the health of all Participants and Employees. City of Wylie Parks and Recreation Department page 6 of 9 Youth Programs Standards of Care Year 2010 5. Program Employees will follow plans to provide emergency care for Participants with symptoms of an acute illness or injuries as specified in the Staff Manual. 6. Program Employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any Participant after a communicable disease. 7. In the event injury care cannot be administered through basic first aid, Employees shall notify the Fire Department Paramedics (ca11911.) B. Safety 1. Program Employees will inspect Program Sites daily to detect sanitation and safety concerns that might affect the health and safety of the Participants. A daily inspection report will be completed by Program Employees and kept on file by the Coordinator. 2. Buildings, grounds and equipment on the Program Site will be inspected, cleaned, repaired and maintained to protect the health of the Participants. 3. Program equipment and supplies must be safe for Participants' use. 4. Program Employees must have first aid supplies and a first aid and emergency care guide readily available at each site, during transportation to an off-site activity and for the duration of any off-site activity. 5. Program Employees will be attentive and considerate of Participants' safety on field trips and during any transportation provided by the Program. 6. During trips, Program Employees supervising Participants must have immediate access to emergency medical forms and emergency contact information for each Participant. 7. Program Employees must have a list of the Participants in the group and must check the roll frequently. C. Medication Administration 1. Parents/Legal Guardians must complete and sign a medication form that provides authorization for Employees to dispense medication with details as to time and dosages and waiver that includes a holds harmless clause to protect the City. City of Wylie Parks and Recreation Department page 7 of 9 Youth Programs Standards of Care Year 2010 2. All medications must not exceed the dosage required for one week of participation in the Program. All medication and containers must be removed at the end of each week and returned to the Parent/Legal Guardian. 3. Prescription medications must be in the original containers labeled with the child's name, date, directions and the physician's name. Program Employees will administer the medication only as stated on the label. Program Employees will not administer medication after the expiration date. 4. Nonprescription medications must be labeled with the child's name and the date the medication was brought to the Program. Nonprescription medication must be in the original container. Program Employees will administer it only according to label direction. 5. Medication dispensed will be limited to routine oral ingestion not requiring special knowledge or skills on the part of Program Employees. No injections will be administered by the Program Employees. 6. Program Employees must ensure medications are inaccessible to Participants or, if it is necessary to keep medications in the refrigerator (when available), medications will be kept separate from food. D. Suspected Abuse 1. Program Employees will report suspected child abuse or neglect in accordance with the Texas Family Code. Texas state law requires the Employees of youth programs to report any suspected abuse or neglect of a child to the Texas Department of Protective and Regulatory Services or a law enforcement agency. Confidential reports may be made by calling 1- 800-252-5400. 2. In the case where a City Employee is involved in an incident that could be construed as child abuse, the incident must be reported immediately to the Coordinator. The Coordinator will immediately notify the Police Department and any other agency as may be appropriate. V. Facility Standards A. Toilet Facilities 1. The Program Site will have inside toilets located and equipped so children may use them independently and Program Employees may supervise as needed. City of Wylie Parks and Recreation Department page 8 of 9 Youth Programs Standards of Care Year 2010 2. There must be one flush toilet for every 30 Participants. Urinals may be counted in the ratio of toilets to Participants, but they must not exceed 50% of the total number of toilets. 3. An appropriate and adequate number of lavatories will be provided. B. Sanitation 1. The Program facilities must have adequate light, ventilation and heat. 2. The Program must have an adequate supply of water meeting the standards of the Texas Commission on Environmental Quality for drinking water and ensure that it will be supplied to the Participants in a safe and sanitary manner. 3. Program Employees must see that garbage is removed from buildings daily. C. Fire, Tornado and other Disasters 1. In case of fire, danger of fire, explosion, tornado or other emergency, Program Employees' first priority is to evacuate the Participants to a designated safe area. 2. 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 Superintendent who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Superintendent's annual report to the City Council. 3. Each Program Site must have at least one fire extinguisher approved by the Fire Marshal readily available to all Program Employees. 4. Evacuation and Tornado drills will be initiated twice during the session. City of Wylie Parks and Recreation Department page 9 of 9 City of Wylie Youth Programs Standards of Care Revisions Year 2010 2009 2010 Revision Standards of Care Standards of Care Standardized 2010 °Terms° General Administration throughout: changed General "Staffing" to "Employee." Administration Staffing Responsibilities And 2010 added "Qualifications", Training Employee as this information is Qualifications, included along with "Training and Responsibilities." Operations Training and Responsibilities Moved "Health and Safety" Facility Standards out of "Facility Standards" Operations into own section. Health and Safety Facility Standards 2009 2010 Revision General Administration General Administration Moved 2010 "Terms and Organization Organization Definitions" to beginning of Definitions Inspections, Monitoring document. Inspections/Monitoring/Enforcement and Enforcement Enrollment Enrollment Standardized and updated Suspected Abuse 2010 "Terms" throughout document. Moved 2010 "Suspected Abuse" to section "Health and Safety." Moved 2009 "Criminal background checks" to 2010 "Employee Qualifications, Training and Responsibilities." Staffing Responsibilities and Employee Qualifications, "Qualifications" As camp Training Training and and camper needs change, Youth Program Coordinator Responsibilities employee qualifications, ("Coordinator") Qualifications Qualifications training and responsibilities Coordinator's Responsibilities remain flexible. 2010 refers Training to De Youth Program Site Responsibilities Partment of Human Supervisor/Assistant Site Resources for current posted �ob s ecifics. Current �ob 568611-1 Supervisor/Program Leader ("Leader") descriptions will be attached Qualifications: as appendix. Leader Responsibilities Training/Orientation 2010 "Responsibilities" in addition to job description are responsibilities of all Employees. Also includes Background Check information from 2009 "General Administration>Organization" section. Operations Operations 20� o new Program Staff-Participant Ratio Program Standards Standards" section includes Discipline Communication 2009 "Staff-Participant Ratio" Programming Discipline and "Programming." Communication To better provide enriching Transportation camp experience and based on parent, employee and other cities' camp feedback, lowered ratio to 1::15. 2009 "Transportation" points included in 2010 "Health and Safety." Health and Safety New 2010 section. Illness or Injury Safety Combines health/safety Medication information included in Administration multiple 2009 sections. Suspected Abuse 2010 "Medication Administration" expands on medication information included in 2009 "Facility Standards>Health." 2010 "Suspected Abuse" expands on "Suspected Abuse" in 2009 "General Administration." Facility Standards Facility Standards 2oos "Safet�' moved to 2010 Safety Toilet Facilities section "Health and Safety." Fire Sanitation Health Fire, Tornado and 2009 "Fire" moved to 2010 Toilet Facilities Other Disasters "Fire, Tornado and Other Disasters." Sanitation 2009 "Health" moved to 2010 section "Health and Safety." 568611-1 � C8S Media, Inc. ?�i�je �armergbiCle �imeg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS � � STATE OF TEXAS � � �.� COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie - Ordinance 2010-03 was published in said newspaper on the following dates, to-wit: March 17, 2010 Chad Engbrock, Publisher Subscribed and sworn before me on this, the _����day of �,� ��.�'�ivL � , 2010 to certify which witness my hand and seal of office. f Notary Public in a r t ��� ... The State of Texas p Sonia A Duggan ?; � My Commission Expires vj',•,. r tKJ10212012 9 ���� My commission expires___ ��- Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Farmersville/Princeron Office • 101 S. Main • P.O. Box 512 • Farn�ersville, TX 75442 • 972-784-b397 • fax 972-782-7023 March 17-18, 2010 � �IORDINANCE � NO. 2010-03 AN ORDINANCE OF THE CITY O� WYLIE, TEXAS, ADOPTING STAN- DARDS OF CARE FOR THE CITY OF WYLIE YOUTH PROGRAIVIS FOR 2010-2011; PRO- VIDING FOR A REPEALING, SAV- INGS AND'SEVER- ABILITY CLAUS- ES; PROVIDING FOR PUBLICA- TION OF THE CAPTION HERE- OF; AND PROVID- ING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE , Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary 44-1t-339- 30 '�