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HomeMy Public PortalAboutOrdinance No. 1330-17 05-02-2017ORDINANCE 1330-17 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS, REGARDING REGULATIONS FOR CHILDCARE STANDARDS OF CARE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the City Council of the City of Richland Hills has just opened the Link, Event and Recreation Center, where youth programs and services will be offered; and WHEREAS, the City Council has determined that programs and services offered to the youth are required by the Texas Legislature to file for exemption (Section 42.041(b)(14) of the Child Care Standards and Regulations of the Texas Human Resource Code in order to receive exempt status of a licensed child care facility, whereas a municipality must submit a copy of program standards, a notice of a public hearing for the program and a copy of the ordinance adopting the standards; and WHEREAS, the City has complied with all public hearings and notices required by law; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, 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 ADOPTION OF CHILDCARE STANDARDS OF CARE The City of Richland Hills adopts the standards as set forth in Exhibit "A". SECTION 3 CUMULATIVE CLAUSE. This Ordinance shall be cumulative of all provisions of ordinances and of the Richland Hills Municipal Code, 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provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances are hereby repealed. To the extent that the provisions of the City of Richland Hill's various development ordinances conflict with this ordinance, the terms of this ordinance shall control. SECTION 4 PENALTY CLAUSE. Any person, firm, corporation or entity violating this Ordinance or any other provision of as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing days' violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude the City of Richland Hills from filing suit to enjoin the violation. The City of Richland Hills retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5 SEVERABILITY CLAUSE. 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. The City of Richland Hills hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6 SAVINGS/REPEALING CLAUSE. This Ordinance shall remain in full force and effect, save and except as amended by this or any other ordinance. 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 7 EFFECTIVE DATE. This Ordinance shall become effective from and after its adoption and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS on this 2"d day of May, 2017. ....: , ..- MAYOR ATTEST: CITY SE R ARY ROVED AS FARM AND LEGALITY: `\\~~1`~11`11111y1~11//~/// t~-~~ ,, ., ,; lllnnln„ BETSY EL~A+4-fftT'Y ATTORNEY Exhibit A Standards of Care City of Richland Hills -The Link -Event and Recreation Center I. General Information /Administration Purpose: To provide basic childcare regulations for activities operated by The Link -Event and Recreation Center in Richland Hills (The Link). This will allow The Link to qualify as exempt from requirements of the Texas Human Resources Code. A. Organization: 1. The governing body of The Link is the Richland Hills' City Council. 2. Implementation of the Standards of Care (SOC) is the responsibility of The Link Manager and staff. 3. The SOC will apply to several day camp programs which are conducted throughout the year by The Link. The SOC will also apply to the After-School programs that The Link will operate during the Birdville Independent School District (BISD) calendar. 4. The Link will have available, for public and staff, a current copy of the SOC. 5. Parents of participants will be provided a current copy of the SOC during the registration process. B. Implementation: The SOC will be the responsibility of The Link Staff with the Manager and Recreation Supervisor overseeing the programs, as well as the Camp Attendant supervising the program on-site. Regulations apply these on-going programs: Spring Break Camp Summer Camp Fall/Thanksgiving Camp Winter Camp After-school Program Sport and Art Camps Drop-In Childcare Other: Each program will make available for the public and the staff a current copy of the SOC. Parents of participants will be provided a copy of the SOC during the registration process and the summer camp orientation prior to camp starting each summer. Program Site: The Link, 6750 Baker Blvd., Richland Hills, TX 76118 C. Day Camp Objectives: 1. To provide children and youth with opportunity to experience a variety of recreational activities which include sports, games, arts and crafts, education, drama, special events, field trips, tournaments, etc. 2. To provide an encouraging atmosphere emphasizing positive development of physical skills, emotional growth and self-confidence. 3. To provide a safe environment; always promoting good health and welfare for all. 4. To teach children and youth how to spend their leisure time wisely; in an effort to meet the emotional, physical, and social needs of the child. D. Exemption Status: Once an exempt status is established, the Licensing Division will not monitor the recreational program. The Licensing Division will be responsible for investigating complaints of unlicensed child care and for referring other complaints to the municipal authorities or, in the case of abuse/neglect allegation, to the local police authorities. E. Standards of Care Review: Standards will be reviewed annually and brought before the City Council for approval after a public hearing is held to pass an ordinance regarding section 42.041 (b) (14) of the Texas Human Resources Code. Childcare Licensing will not regulate these programs nor be involved in any complaint investigation related to the program. Any parent, visitor or staff may register a complaint by contacting The Link Manager at (817) 616-3800 or at The Link during program hours. II. Staffing A. Recreation Supervisor -The Recreation Supervisor directs a staff of 9 to 12 individuals and supervises the activities of participants in a day camp setting. 1. Essential Job Functions: a) Direct and supervise all counselors including hiring and training. b) Complete and submit proper records including camp schedules, counselor work schedules, payroll, accident/incident reports and attendance. c) Develop and train staff with an age appropriate camp curriculum (elementary ages) in accordance with the philosophy of the program. d) Ensure staff is committed to following established guidelines, procedures and standards. e) Maintain an orderly, clean and safe environment for the children while promoting anon-competitive program directed toward accentuating positive behaviors, physical development and emotional growth. f) Develop and distribute a weekly schedule of activities. g) Complete facility reservations and transportation needs for all camp activities. h) Schedule, confirm, obtain and distribute payment for all field trips. i) Maintain supplies, equipment and all necessary documentation for the operation of the camp. j) Communication to parents about camper's progress and activities, when needed. k) Conduct on-going program evaluations implementing approved recommendations as needed. 1) Provide reports to The Link Manager on a weekly basis to monitor camp activities throughout the program. 2. Qualifications: a) Bachelor's Degree in Education, Recreation or a similar area of study is preferred but not required. b) A minimum of three years experience in Recreation or Education industries. c) Requires a valid Texas DL with a good driving record over the last three years. d) Must pass city criminal background check prior to working with children. e) Must pass pre-employment drug screen and/or physical. f) Must complete First Aid, CPR and AED training prior to camp. 3. Requirements of Work: a) Supervisor must complete all mandatory staff training prior to the start of camp. This training is to include, but not limited to departmental poicies, The Link policy, customer service, sexual harassment, behavioral and discipline, preventative sexual abuse and molestation, and practical skills for games, songs, and crafts. b) Ability to be physically active and involved with children all day. c) Ability to lift 55 pounds. d) Knowledge of child development and age appropriate activities. e) Advanced organizational and communication skills. f) Varied experience in a variety of activities including sports, arts, nature, drama, and cooperative activities. B. Camp Attendant -The Camp Attendant is responsible for direct leadership of youth 5-13 in a variety of activities including, but not limited to games, sports, crafts, special events and field trips. The Attendants assist in planning and organizing camp schedules, activities, supplies, equipment, and is also responsible for cleanliness of the areas used by camp participants. The Attendants are also responsible for completing necessary forms relating to attendance, check- in/check-out procedures, accidents, and incidents. 1. Essential Job Functions: a) Promote anon-competitive, positive, self-image enhancing environment for each participant through the direction of well designed activities. b) Directly lead activities using a method that will provide opportunity for the involvement of all children on an equal level. The Attendants prepare, directions for activities, daily schedules, and required equipment used during the activities. c) Exhibit enthusiasm for the activity to impart a feeling of excitement to all camp participants. d) Follow procedures for camper check-in/check-out. Reporting accidents, incidents, behavioral modifications and camp schedules. e) Follow guidelines for safety and storage of equipment, including inventory of supplies. f) Ensure safety of all children and staff during transportation while on field trips. g) Provide and adhere to established guidelines set forth for the safety, behavior, communication and discipline of the camp participants. h) Recognize and reward positive, improved and outstanding behavior and/or accomplishments of participants. 2. Minimum Qualifications: a) High School diploma and some college preferred. b) One year of formal experience working with children preferred. c) Requires a valid Texas DL with a good driving record over the last three years. d) Must pass city criminal background check prior to working with children. e) Must pass pre-employment drug screen and/or physical. f) Must complete First Aid, CPR and AED training prior to camp. 3. Other Requirements: a) Supervisor must complete all mandatory staff training prior to the start of camp. This training is to include, but not limited to departmental poicies, The Link policy, customer service, sexual harassment, behavioral and discipline, preventative sexual abuse and molestation, and practical skills for games, songs, and crafts. b) Staff must exhibit competency, good judgment and self control throughout the duration of the camp. c) Staff should relate to the children with courtesy, respect, acceptance and patience. d) Staff will be evaluated at least once during the summer. Evaluations will be reviewed with the Camp Attendants to discuss any areas of improvement or suggestions. 4. Staffing Ratios: The state required ratio for number of children (5-13) may not exceed 15:1 children to staff. The Link Camp staff ratio will work to have a ratio no greater than 12:1. For field trips and off-site swimming, the ratio will be closer to 10:1. III. Facility Standards A. Emergency evacuation and relocation plans will be posted at The Link. Program employees will inspect sites frequently for any sanitation or safety concerns. Those concerns will be passed on to the Recreation Supervisor or The Link Manager. B. Each camp must have a fully stocked first aid kit. This shall be checked and stocked on a weekly basis by the Recreation Coordinator or "Lead" Camp Attendant. It shall include bandages and/or Band-Aids, rubber gloves, alcohol wipes, hot/cold packs, gauze, tweezers and scissors. C. In a situation where evacuation is necessary, the first priority of staff is to make sure all participants are in a safe location. Program sites will be inspected by the Fire Marshall annually. The Link Manager is responsible for compliance with the Fire Marshall's directives. All required fire extinguishers shall be serviced and inspected as required by the Fire Marshall. Fire drills should be conducted once a month during the summer camp. D. Medication will only be administered with a parent consent form completed in addition to the program registration form. Prescription medications shall be left with staff in their original container, labeled with the child's name, date, directions, photo of the child and the child's physician's name. Medication can only be dispensed as stated on the bottle or with written documentation of changes signed by the physician. There will be a separate form required to be filled out for administering medicine. E. Non-prescription medicine with the child's name and date on the medication will be treated the same as prescribed medicines. Both types will be entered into the medication log book. F. The Link will have adequate indoor toilets and lavatories located such that children can use them independently and program staff can supervise as needed. There shall be one flush toilet per 30 participants. Outdoor sites shall provide portable toilets at the same ratio. Sinks will also be at 1 sink to 30 children. G. All participants must wear tennis shoes daily. Sandals, slip-ons, slippers, or flip-flips will not be allowed. IV. Service Standards -Camp Staff A. This information will be provided to each staff member as a part of the program manual: Appropriate clothing will be worn at all times. City or program shirt will be worn with finger-tip or longer length shorts. Shorts or pants worn should not be form fitting. The only exemption will be bathing suits. Any clothing worn should not have any inappropriate logos, pictures, or messages. Staff will be provided at least two city or program shirts to wear as a uniform top. If a staff member needs to go home to change, it will be without pay. 3. Females will wear one-piece style swimwear while working with the camp or other city programs. Males will wear board shorts that are not form fitting. 4. Name tags/IDs will be worn on the uniform shirt at all times. 5. Participants and parents will be treated with respect at all times. 6. Program staff will take it upon themselves to resolve complaints. Do not refer customer to another staff member outside of camp staff. Elevate to "Lead" attendant if necessary. Beyond that, take a name and phone number for fulltime staff to contact later. All issues, problems, and complaints should be recorded in the Camp Comment Log, along with the resolution. 7. Camp staff will keep parents informed of daily activities. General weekly schedule will be available to parents the week before. Daily schedules will be visible each day. 8. Camp staff will monitor the check-in/check-out log at all times. 9. Camp staff will keep each activity area clean and tidy. Cleaning includes floors, walls, furniture, with supplies put away after use. 10. Camp staff will be involved with participants and parents most of the time. Staff will need to check in with the front desk and fulltime staff for updates and messages. V. Operational Issues A. Emergency phone numbers are kept at The Link's front desk, as well as with the camp log on all field trips. B. The Camp Manual is provided to every staff member and outlines the following: 1. Behavior Management and Discipline Procedures 2. Rules and Regulations 3. Forms 4. Service Standards 5. Game/Activity Leadership 6. Guidelines for Communication with children and parents C. Check-in/Check-out forms will be used every day. Only adults listed on the camper's release form will be allowed to pickup participants. Government issued identification cards maybe required for verification. The authorized adults must enter the building and sign the check-out form in order for staff to release the child. D. Emergency evacuation and relocation plans will be posted at The Link. E. Transportation Requirements A Texas state law for child safety seats: specifically booster seats, went into effect on September 1, 2009. This law applies to children under the age of eight and under four foot and nine inches tall. This law will apply to camp participants between the ages of six and seven years old. The state law states: • Once a child reaches eight years old, they are not legally required to be in a child safety seat system. • If the child is younger than eight, but is already taller than four foot and 9 inches tall, that are not legally required to be in a child safety seat system. • If the child is eight but shorter than the above height, they are not legally required to be in a child safety seat system. • The law requires that safety and booster seats be installed and used according to the manufacturer's instructors, including age, height and weight requirements and the placement in the vehicle. In compliance with this law, parents may be required to supply the appropriate booster seat for their child if they fit into the criteria above. Camp staff will be trained to identify children that are required to be in a booster seat based on birth date and utilizing a height measuring tool. Additionally, staff will be trained by the Department of Public Safety on how to properly install a child safety seat. F. Parents will be notified of and given additional permission forms, if needed, for field trips. Enrollment information will be maintained on each vehicle while traveling to and from field trips sites. G. Enrollment information will be kept on each participant and shall include: Child's name, birth date, home address, guardian's phone number, back-up day-time phone numbers. The registration form will have the name and number of each individual authorized to check-out the participant. Additionally, the form will have signatures for waivers, field trip release, and travel authorization. Lastly, the medication consent will be in the participant folder as well. H. Staff will immediately notify parent or guardian when a participant is injured or has been involved in any situation that places the child at risk. The Recreation Supervisor will communicate with parents if a communicable disease or possible parasitic infestation as required by the County Department of Health. VI. Behavior Management and Discipline Procedures A. Program employees will implement discipline and guidance in a consistent manner based on an understanding of individual needs and development with the best interests of program participants in mind. B. There will be no harsh, cruel, or corporal punishment used as a method of discipline. Discipline will be focused on growth of the individual and encouraging improved behavior management. C. Program employees may use brief, supervised separation for the group if necessary. Children will be aware of all camp rules prior to the start of any activity. Their understanding of the rules is an integral part of behavior management. When negative behavior occurs, the participant will know there is a consequence for their chosen action. D. Incident reports will be filled out on any disciplinary cases and shared with parents when picking up the child (sooner if an extreme case).Parents will be asked to sign the incident report to indicate that they have been advised about specific problems and/or negative behaviors. E. A participant could be suspended based on an extreme case or an aggregated concern of poor behavior choices. If that happens, parents will be contacted immediately and asked to pickup their child. F. Immediate removal from the program can happen if a child displays physical harm or threatens another participant. If a participant is removed from the program for behavior issues, there will not be a refund for unused time. VII. Illness or Injury A. Participants shall have and maintain immunizations in accordance with those required by the Texas Department of Health for public school attendance according to age. B. Parents shall be notified in cases of illness or injury. If the illness includes the threat of a communicable disease, that child will need to be picked up immediately. Staff will notify parents of less serious injuries when parent picks up child (mild cuts, scratches, bites, etc.). C. Programs are designs for well children. If a child is suspected of having a temperature and/or shows other signs or symptoms, that child will need to be removed from the program until they can be deemed well by physician. In the case that an injury cannot be remedied with basic first aid, staff shall notify paramedics. D. When an injury occurs, an incident report shall be filled out immediately after the incident and given to the Recreation Supervisor and/or Link Manager with a copy kept in the Camp files. E. In the event of expected abuse, program employees will immediately report a concern 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 also be reported to fulltime recreation staff. Staff will then notify the Police Department and any other appropriate agency as soon as possible. F. Texas state law requires that staff of children and youth programs to report any suspected abuse or neglect of a child to the Texas Department of Family and Protective 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 maybe made by calling 1-800-252-5400. VIII. General Guidelines for Children A. As a part of the Camp Manual, staff will be given the following information: 1. A child is not allowed to use the phone unless it is deemed an emergency. In this case, staff should make the call for the child. 2. Children must use furniture correctly, only sitting where designed and no standing on any furniture, counter, or game table. 3. Running is only permitted in the gym and on special occasions in the activity rooms, then only with supervision. 4. Bouncing or throwing balls is only permitted in the gym and on special occasions in the activity rooms, then only with supervision. 5. Active games that could damage, furniture, fixtures, and equipment shall only be played in the appropriate areas. 6. Children must always show respect toward staff and other participants. 7. Children must always have on appropriate attire and athletic, non-marking shoes. 8. Children will always be contained and separated from the general public, except for on field trips and when swimming. Then staff will be more diligent with their oversight, so as to know where each child is at all times. B. The program will provide activities for each group according to the participants' ages, interests, and abilities. The activities should be flexible and promote social and educational advancement. 1. A weekly calendar will be available to parents the week before each camp session starts 2. While monitoring field trips, staff will; a) Count everyone before leaving The Link and before returning back from the destination and will have frequent counts while on the trip. b) Carry all pertinent participant information including medical information. c) Carry a first aid kit and mobile phone in each vehicle that is transporting participants. d) Each participant will wear a Link wrist band on each field trip. The wrist band will have Link information in case a participant gets lost or loses visual contact with the rest of the group. IX. Monitoring and Enforcement A. Standards of Care established by the City of Richland Hills will be monitored and enforced by City Departments responsible for their respective areas. Health and safety standards will be monitored and enforced by the City's Police, Fire, and Code Enforcement departments when applicable. B. Staff and program issues will be monitored and enforced by the Recreation Department staff. The Link Manager shall visit the program facilities on a bi-weekly basis. The Recreation Supervisor will be responsible for a visual inspection on a daily basis. C. Monthly reporting by The Link Manager will include a comprehensive review of all program details, as well as the operation summaries. For further information regarding the Standards of Care or any other information about children and youth programs offered by The Link please contact the front desk at 817-616-3738.