Loading...
Ordinance 2006-15 ORDINANCE NO. 2006-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING STANDARDS OF CARE FOR THE CITY OF WYLIE YOUTH PROGRAMS; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Wylie will be establishing a history of providing youth programs that contribute to the overall well being of Wylie youth and families; and WHEREAS, a hearing before the City Council was set for March 14, such date being at least 7 days after publication of the notice of such public hearing; said notice appearing in the Wylie News on March 1 and March 8, 2006; and WHEREAS, the intent of the City is to adopt Standards of Care for its youth programs that fulfill the requirements of Senate Bill 212 as it amends Section 42.041 of the Texas Human Resource Code. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. The Wylie Youth Programs' Standards of Care as detailed in Attachment "A" are hereby adopted. Section 2. 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. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Section 3. Repealing/Savings Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance.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 6. Effective Date. This Ordinance shall become effective immediately upon its adoption and publication as provided as provided by law and the City Charter. Ordinance No. 2006-15 Standards of Care for Wylie Youth Programs DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 14ndday of March, 2006. IZ4'E \\\\11111/""1 JomI:M:ondy, Mayor ,,\\ 0 r: III I "'/ ,'..\ I VV Y. /, " , ...~...... ( " ~ ^' ~." e. ~ ~ ~ .......... ".- "e.,,\. ~. ~ ,;:. ()~Ol _.~ ~ -:. - : ::;--E~ 1\ 1 ~ = : J,>(t1\.)..,J: - ~ ~~--.5l " ~ ".. t--- l ~ -:. "''''',. .." ~ ~ ....f."" ...",,,,.- ~C:> ~ ,If'. .....,.Qt....t'~,' '/_ j'_ ...~r- " '~#>'y~ "L'" ,\\,-' .1ItllunH~'.l ATTEST TO: Date of publication in The Wvlie News- March 1 and 8, 2006 Ordinance No. 2006-15 Standards of Care for Wylie Youth Programs STANDARDS OF CARE WYLIE YOUTH PROGRAMS The following Standards of Care will be adopted by the City Council of the City of Wylie, Texas in order to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session. The 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. The programs operated by the City are recreational in nature and are not day care programs licensed by the State of Texas. GENERAL ADMINISTRATION. 1. Organization A. The governing body of the City of Wylie Youth Programs is the Wylie City Council. B. Implementation of the Youth Programs Standards of Care is the responsibility of the Parks and Recreation Department Managing Director and Departmental employees. c. Youth Programs ("Program") to which these Standards of Care will apply is the Wylie Wave Summer Youth Program. D. Each Youth Program site will have available for public and staff review a current copy of the Standards of Care. E. Parents of participants will be provided a current copy of the Standards of Care during the registration process. F. 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: (1) a felony or a misdemeanor classified as an offense against a person or family; (2) a felony or misdemeanor classified as public indecency; (3) a felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (4) any offense involving moral turpitude; (5) a felony or misdemeanor classified as DWI (driving while intoxicated) or DUI (driving under the influence); (6) any offense that would potentially put youth participants or the City of Wylie at risk. 2. Definitions A. City: City of Wylie B. City Council: City Council of the City of Wylie C. Department: Parks and Recreation Department of the City of Wylie D. Youth Programs or Program: City of Wylie Youth Programs consisting of the Wylie Wave Summer Youth Program and future youth programs. E. Program Manual: Notebook of policies, procedures, required forms, and organizational and programming information relevant to Wylie Youth Programs. F. Director: City of Wylie Public Services Director or his or her designee. G. Assistant Superintendent: City of Wylie Parks and Recreation Department full-time employee who has been assigned administrative oversight responsibility for the City's Youth Programs. H. Program Coordinator: City of Wylie Parks and Recreation Department full-time Recreation Supervisor has been assigned administrative responsibility for the Wylie Wave Summer Youth Program. 1. Site Supervisor, Assistant Site Supervisor and Program Leader: City of Wylie Parks and Recreation Department seasonal part-time employees who have been assigned responsibility to implement the City's Youth Programs. J. Program Site: Area and facilities where Wylie Youth Programs are held consisting of a Wylie Independent School District (W.1.S.D.) facility (i.e. McMillan Jr. High) or City of Wylie properties. K. Participant: A youth whose parent(s) have completed all required registration procedures and who is determined to be eligible for a Wylie Youth Program. 2 L. Parent(s)/Legal Guardian: This term will be used to represent one or both parent(s) or adults who have legal custody and authority to enroll their child(ren) in the Wylie Youth Programs. M. Employee(s): Term used to describe 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. 3. Inspections/Monitoring/Enforcement A. A monthly inspection report will be initiated by the Site Supervisor of each Program to confirm the Standards of Care are being adhered to. (1) Inspection reports will be sent to the Assistant Superintendent for review and kept on record for at least two years. (2) The Assistant Superintendent will review the report and establish deadlines and criteria for compliance with the Standards of Care. B. The Assistant Superintendent will make visual inspections ofthe Program based on the following schedule: The Wylie Summer Youth Program will be inspected twice during its summer schedule. C. 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 Assistant 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 of Public Services (or their designee) and the complaint and the resolution will be noted. D. The Assistant 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. 3 4. Enrollment A. Before a child can be enrolled, a parent/legal guardian must SIgn registration forms that contain the child's: (1) name, address, home telephone number; (2) name and address of parents and telephone number during 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 issues or needs; (5) emergency medical authorization; (6) proof of residency when appropriate; and (7) a liability waiver. 5. Suspected Abuse Program employees will report suspected child abuse or neglect in accordance with the Texas Family Code. In the case where a City employee is involved in an incident with a child that could be construed as child abuse, the incident must be reported immediately to the Recreation Supervisor. The Superintendent will immediately notify the Police Department and any other agency as may be appropriate. Texas state law requires the staff of these 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. Failure to report suspected abuse is punishable by fines up to $1,000 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. 4 STAFFING - RESPONSIBILITIES AND TRAINING 6. Youth Program Coordinator ("Coordinator") Qualifications A. Coordinators will be full-time, professional employees of the Wylie Parks and Recreation Department and will be required to have all Program Leader qualifications as outlined in Section 7 ofthis document. B. Coordinators must be at least 21 years old. C. Coordinators must have a bachelor's degree from an accredited college or university. Acceptable degrees include: (1) Recreation Administration or General Recreation; (2) Physical Education; or (3) Any other comparable degree plan that would lend itself to working in a public recreation environment. D. Coordinators must have two years experience planning and implementing recreational activities. E. Coordinators must pass a background investigation including testing for illegal substances. F. Coordinators must have successfully completed a course in first aid and Cardio Pulmonary Resuscitation (CPR) based on either American Heart Association or American Red Cross standards. G. Coordinator must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 7. Coordinator's Responsibilities A. Coordinators are responsible to recommend for hire, supervise, and evaluate the Site Supervisor, Asst. Site Supervisors and Program Leaders. B. Coordinators are responsible to plan, implement, and evaluate programs. 5 8. Youth Program Site Supervisor/Assistant Site Supervisor/Program Leader ("Leader") Qualifications: A. Leaders will be part-time or temporary employees of the Parks and Recreation Department. B. Leaders working with children must be age 16 or older; however, each site will have at least one employee 18 years old or older present at all times. C. Leaders should be able to consistently exhibit competency, good judgment, and self-control when working with children. D. Leaders must relate to children, parents, co-workers, supervisors, and the general public with courtesy, respect, tolerance, and patience. E. Leaders must have successfully completed a course in first aid and CPR based on either American Heart Association or American Red Cross standards. An exception can be made for no more than one staff person at each site, and that person shall successfully complete a first aid and CPR course within four weeks of starting work. F. Leaders must pass a background investigation including testing for illegal substances. G. Leaders must be able to furnish proof of a clear tuberculosis test within 12 months prior to their employment date. 9. Leader Responsibilities A. The Site Supervisor is responsible to administer the Programs' daily operations in compliance with the adopted Standards of Care. B. Leaders will be responsible to provide participants with an environment in which they can feel safe, can enjoy wholesome recreation activities, and can participate in appropriate social opportunities with their peers. C. Leaders will be responsible to know and follow all City, Departmental, and Program standards, policies, and procedures that apply to Wylie Youth Programs. D. 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 approved plan to verify the identity of a person authorized to pick up a participant if that person is not known to the Leader. 6 10. Training/Orientation A. The Department is responsible for providing training and orientation to Program employees in working with children and for specific job responsibilities. Coordinators will provide each Leader with a Program manual specific to each Youth Program. B. Program employees must be familiar with the Standards of Care for Youth Program operation as adopted by the City Council. C. Program employees must be familiar with the Program's policies including discipline, guidance, and release of participants as outlined in the Program Manual. D. Program employees. will be trained in appropriate procedures to handle emergencIes. E. Program employees will be trained in areas including City, Departmental, and Program policies and procedures, provision of recreation activities, safety issues, child psychology, and organization. F. Program employees will be required to sign an acknowledgement that they received the required training. OPERATIONS 11. Staff-Participant Ratio A. In a Wylie Youth Program, the standard ratio of participants to Leaders will be 15 to 1. In the event a Leader is unable to report to the Program site, a replacement will be assigned. B. Each participant shall have a Program employee who is responsible for him or her and who is aware of the participant's habits, interests, and any special issues as identified by the participant's parent/legal guardian during the registration process. 12. Discipline A. Program employees will implement discipline and guidance in a consistent manner based on the best interests of Program participants. B. There must be no cruel or harsh punishment or treatment. 7 C. Program employees may use brief, supervised separation from the group if necessary. D. As necessary, Program employees will initiate discipline reports to the parent/legal guardian(s) of participants. Parent/legal guardian(s) will be asked to sign discipline reports to indicate they have been advised about specific problems or incidents. E. 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 Pro gram. F. In instances where there is a danger to participants or staff, offending participants will be removed from the Program site as soon as possible. 13. Programming A. Program employees will attempt to provide activities for each group according to the participants' ages, interests, and abilities. The activities must be appropriate to participants' health, safety, and well being. The activities also must be flexible and promote the participants' emotional, social, and mental growth. B. Program employees will attempt to provide that indoor and outdoor time periods include: (I) alternating active and passive activities; (2) opportunity for individual and group activities; and (3) outdoor time each day weather permits. C. Program employees will be attentive and considerate of the participants' safety on field trips and during any transportation provided by the Program. (1) During trips, Program employees supervIsmg partICIpants must have immediate access to emergency medical forms and emergency contact information for each participant. (2) Program employees must have a written list of the participants in the group and must check the roll frequently. (3) Program employees must have first aid supplies and a guide to first aid and emergency care available on field trips. 8 14. Communication A. Each Program site will have a pager/cell phone to allow the site to be contacted by City personnel, and each site will have access to a telephone for use in contacting the City personnel or making emergency calls. B. The Program Site Supervisor will post the following telephone numbers adjacent to a telephone accessible to all Program employees at each site: (1) Wylie emergency medical services and police department. (2) Numbers at which parents/staff may be reached; and (3) The telephone number for the site itself. 15. Transportation A. Before a participant may be transported to and from city sponsored activities, a transportation form, completed by the parent/legal guardian of the participant must be filed with the Program Site Supervisor. B. First aid supplies and a first aid and emergency care guide will be available in all Program vehicles that transport children. C. All Program vehicles used for transporting participants must have available a 6-Bc portable fire extinguisher which will be installed in the passenger compartment of the vehicle and must be accessible to the adult occupants. 9 FACILITY STANDARDS 16. Safety A. 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. 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 equipment and supplies must be safe for the participants' use. D. Program employees must have first aid supplies and a first aid and emergency care guide readily available to staff at each site, during transportation to an off-site activity, and for the duration of any off-site activity. E. Program air conditioners, electric fans, and heaters must be mounted out of participants' reach or have safeguards that keep participants from being injured. F. Program porches and platforms more than 30 inches above the ground must be equipped with railing participants can reach. G. All swing seats at Program sites must be constructed of durable, lightweight, relatively pliable material. 17. Fire A. In case of fire, danger of fire, explosion, or other emergency, Program employees' first priority is to evacuate the participants to a 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 observed. The report will be forwarded to the Assistant Superintendent who will review and establish deadlines and criteria for compliance. Information from this report will be included in the Assistant Superintendent's annual report to the Council. C. Each Program site must have at least one fire extinguisher approved by the Fire Marshal readily available to all Program employees. 10 D. Fire drills will be initiated at Program sites based on the following schedule: (1) Wylie Wave Summer Youth Program: A fire drill twice during the seSSIOn. 18. Health A. Illness or Injury (1) A participant who is considered to be a health or safety concern to other participants or employees will not be admitted to the Program. (2) Illnesses and injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for participants with symptoms of an acute illness or injured participants as specified in the Program manual. (4) Program employees will follow the recommendation of the Texas Department of Health concerning the admission or readmission of any participant after a communicable disease. B. Program employees will administer medication only if: (1) Parent/Legal Guardian(s) complete and sign a medication form that provides authorization for staff to dispense medication with details as to time 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 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. (3) Nonprescription medications are 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. 11 (4) 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. (5) 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. C. Toilet Facilities (1) The Program site will have inside toilets located and equipped so children can use them independently and Program staff can supervise as needed. (2) There must be one flush toilet for every 30 children. Urinals may be counted in the ratio of toilets to children, but they must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. D. 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 Natural Resource Conservation Commission 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. 12 ORDINANCE NO. 2006-15 AN ORDINANCE OF THE CITY OF WYLIE. TEXAS. ADOPTING STANDARDS OF CARE FOR THE CITY OF WYLIE YOUTH PRO- GRAMS; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; AND PROVIDING AN EFFECTIVE Dl\TE.