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Ordinance 2012-11 ORDINANCE NO.2012 -11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING STANDARDS OF CARE FOR THE CITY OF WYLIE YOUTH PROGRAMS FOR 2012-2013; PROVIDING FOR 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 April 10, 2012, 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 March 28, 2012 and April 14, 2012; and WHEREAS, the City adopts the 2012-2013 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" and incorporated herein for all purposes, 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 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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. Severability. 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. Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption and publication as required by law. Ordinance No.2012-11 Standards of Care Page 1 607554.1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF �b WYLIE,TEXAS, on the 10th day of April, 2012. � Eric Hogue,Mayor Attest • �`i oF y��� G1'.���,.-�,�-� 1,�, �� Carole Ehrlich, City Secretary ��-- ��l -`s, . ,: •�n w�Op• �'+r Public HearinG: Date of Publication in The Wylie News- l •1887� b March 28,2012 and April 14, 2012 r���'� Ordinance Caption: Date of Publication in the Wylie News- April 18,2012 Ordinance No.2012-1 l Standards of Care Page 2 6075`.i4.1 Attachment "A" City of Wylie Youth Programs Standards of Care Year 2012 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 day care programs licensed bv the State of Texas. Terms and Definitions City: City of Wylie, Texas. City Council: City Council of the City of Wylie, Texas. Coordinator: City of Wylie Parks and Recreation Department full-time Employee assigned administrative responsibility for the Youth Programs. Department: Parks and Recreation Department of the City of Wylie. Director: City of Wylie Public Services Director or his or her designee. Employee(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. Participant(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. Ordinance No.2012-11 Standards of Care Page 3 607554.1 Parent(s)/Legal Guardian(s): Represent one or both parent(s) or adults who have legal custody �3 and authority to enroll their child(ren) in the Wylie Youth Programs. Parent Manual: Policies, procedures, required forms, and organizational and programming information as relevant to the Parents/Legal Guardians and Participants participating in a Wylie Youth Program. Program Site: Area and facilities where Wylie Youth Programs are held. Staff Manual: 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 Program(s) or Program(s): City of Wylie recreational Youth Programs designed for chilldren age 5 - 13, exceeding four hours per day, and led and staffed with City of Wylie Employees. I. General Administration A. Organization _,_„ 1. 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. Each Youth Program Site will have available for public and Employee review a current copy of the Standards of Care. 4. The Standards of Care are included in City of Wylie Ordinance, through the City of Wylie official website and through Department Employees. B. Inspections, Monitoring and Enforcement 1. No less than one inspection report per every three weeks of a Youth Program will be initiated by the Coordinator or designee 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 as outlined per the adopted retention schedule. Ordinance No.2012-11 Standards of Care Page 4 607:i54.1 3. The Superintendent will review the Inspection reports and establish deadlines and criteria for compliance with the Standards of Care. 4. The Superintendent or designee will make visual inspections of the Program twice during the Program's season. 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 and email address b) name, address of Parents/Legal Guardians, telephone numbers and email address 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 � a Waiver and Release form Ordinance No.2012-11 Standards of Care Page 5 607554.1 II. Employee Qualifications, Training and Responsibilities � A. Qualifications 1. All Employees working in City of Wylie Parks and Recreation Department must meet and adhere to the personnel qualifications which are required for the position. Job specifications will be available through the City of Wylie Human Resources Department. 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) � any offense that would potentially put Participants or the City of Wylie at risk 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 outlined in the Staff Manual. 3. Employees will be trained in appropriate procedures to handle emergencies. Ordinance No.2012-11 Stan�dards of Care Page 6 6075`.i4.1 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 l. 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 w�°� a) The standard ratio of Participants to Employees will not exceed 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 Program and weather permits Ordinance No.2012-11 Standards of Care Page 7 607554.1 B. Communication ��� 1. Each Program Site that meets away from a City of Wylie Recreation facility 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. 2. Employees will have the following phone numbers available 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 incident reports. The signature of a Parent/Legal Guardian may be requested, indicating they have been advised about specific problems or incidents. Further action may be taken as outlined in the specific rules and guidelines for the Program. 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. Ordinance No.2012-11 Standards of Care Page 8 6075`i4.1 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. 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 (call 911.) 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. Ordinance No.2012-11 Standards of Care Page 9 607554.1 7. Program Employees must have a list of the Participants in the group and � must check the roll frequently. C. Medication Administration, where applicable 1. For extended Programs that allow for Employees to administer medication to Participants, 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. 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. Ordinance No.2012-11 Standards of Care Page 10 607`i54.1 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. 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. Ordinance No.2012-11 Standards of Care Page 11 607554.1 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. Ordinance No.2012-11 Standards of Care Page 12 607554.1 —--- ,� ;�� �:I�e r¢armei'tibiT(e�tan€e; = Mur�>hti�L1anifor + �t�'I��f'riiticei�<m FteN�aid "��`�<i�l c`d���1�s • 7'�E WY6[E M1k:WS � � . 1 � � °� ; � �,,, 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 No. 2012-11 was published in said newspaper on the following dates, to-wit: April 18,2012 Chad Engbrock, Publisher Subscribed and sworn before me on this, the�day of , 2012 to certify which witness my hand and seal of office. a.,.. �� � � l �r--`-�,,,. --- --- � ;����rr� K'ESHA D. HILL _ � �° � dr�t»iy Pu�l�c.StaTe of Texas r� '�i��,��"�irnission Expires NOt� PUbI1C 111 111C� fOI' �` ''"�,'���E`�°�� �+1CICh 21. 2013 �"� ��,�����° The State of Texas �.�..�.��.� My commission expires -�t-l3 �`vlw�phriSsi;t7,e`R'��lic t)�tilcc• I I;}N.1�3ullard•('.O_T�3o�36�d*l��a-IiG•.�T'X 7>t}y�•9'2 1 J"�-ti51 S•l�a���)?" 17'.l:;tt F'arntursrilltr/G'rincctim t7Cfice+ fi)1 :: R1tun+1'O.F3��n jl>•}'arrrrc��'v�331�.�1�4�'�i1S2<<) ° �ti.1-b���?-1:,�o�.* ?;��s -;�'' �ORDINANCE NO. � 2012-11 AN ORDINANCE OF �HE CITY OF W3�LIE, TEXAS, ADpPTING STAN- DARDS OF CARE FOR THE EITY OF WYLIE YOUTH PROGRAMS FQR 2012-2a13;PROV'ID- ING FOR REPEAL- ING,SAVIN�S AND SEVERA$ILITY CLAUSES; R�tO- VID1NG FOR PUB- LICATTOI�T OF TY=IE CAPTION HEREOF; AND ' PROVIDING FOR AN EFFEC- TIVE DATE OF 'THIS ORDINANCE.