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which event the conflicting provisions of such ordinances are hereby repealed.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.
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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.