O-3650-3-19 ORDINANCE NO. 3650-3-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ESTABLISHING STANDARDS OF CARE NECESSARY FOR A
DAY CARE LICENSING EXEMPTION FOR YOUTH CAMP PROGRAMS
OPERATED BY THE CITY OF ALLEN PARKS AND RECREATION
DEPARTMENT; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Texas Human Resources Code § 42.041(b)(14) establishes requirements for exempting
recreational programs operated by municipalities for elementary age(5-13)children from childcare licensing;
and,
WHEREAS, in order to receive exempt status for a youth recreation program, a municipality must adopt
standards of care by ordinance after a public hearing for the program, and requirements; and,
WHEREAS,the Allen Parks and Recreation Youth Program Standards of Care will provide basic child care
regulations for day camp activities operated by the City of Allen Parks and Recreation Department in
accordance with Texas Human Resources Code § 42.041(b)(14); and,
WHEREAS,the City Council after conducting a public hearing on March 12,2019, and affording full and
fair citizen feedback for the Allen Parks and Recreation Youth Programs; and,
WHEREAS, the City Council after conducting a public hearing for the Allen Parks and Recreation Youth
Programs was held on March 12, 2019.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. The City Council of the City of Allen adopts the Allen Parks and Recreation Youth Program
Standards of Care for providing basic child care regulations for day camp activities operated by the City of
Allen Parks and Recreation Department, which include staffing ratios, minimum qualifications, minimum
facility, health and safety standards, and mechanisms for monitoring and enforcing the adopted local
standards.
SECTION 2.A copy of the Allen Parks and Recreation Youth Program Standards of Care,herein adopted,
are attached hereto as Exhibit A and incorporated as if set forth in full.
SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences,clauses,and phrases of this Ordinance are severable,and if any phrase,clause,sentence,or section
of this Ordinance shall be declared unconstitutional or invalid by any court of competent jurisdiction, such
unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or
section of this Ordinance.
SECTION 4. This ordinance shall take effect immediately from and after its passage and publication of the
caption in accordance with the provisions of the Charter of the City of Allen,and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,ON THIS THE 12'DAY OF MARCH 2019.
APPROVED:
tep en Te ,Mayor
APPROVED AS TO FORM: ATTEST:
di):7v7/6
Peter G. Smith,City Attorney Shelley B.George, TRMC, City Secretary
Ordinance No. 3650-3-19, Page 2
CITY OF ALLEN CAMP PROGRAMS STANDARDS OF CARE
The Standards of Care are intended to be minimum standards by which the City of Allen Parks &
Recreation Department will operate the City's Camp Programs. The following Standards of Care are
required by the Texas Human Resources Code, Section 42.041 (b) (14), as approved by the Texas
Legislature during the 85th legislative session.
An elementary-age (ages 5-13) recreation program operated by a municipality provided the
governing body of the municipality annually adopts standards of care by ordinance after a public
hearing for such programs, that such standards are provided to the parents of each program
participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff
qualifications,minimum facility,health and safety standards,and mechanisms for monitoring and
enforcing the adopted local standards; and further provided that parents be informed that the
program is not licensed by the state and the program may not be advertised as a child-care facility.
The following basic childcare regulations are the minimum Standards of Care by which the City of Allen
Parks and Recreation Department will operate Camp Programs. Standards of Care are adopted annually
as an ordinance by the Allen City Council. The programs operated by the City are recreational in nature
and are not child or day care programs. The City is exempt from the requirements of the Texas Human
Resources Code and is not licensed by the State to offer daycare programs.
GENERAL ADMINISTRATION
1. Organization
A. The governing body of the Camp Program is the City Council of the City of Allen,Texas.
B. Implementation of the Camp Programs Standards of Care is the responsibility of the
Parks and Recreation Department Director or his or her designee and Department
employees.
C. These Standards of Care will apply to all Camp Programs, including,without limitation,
the Summer Camp Program, Spring Break Program and Holiday Camp Program.
D. Each 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 for a Program. Further, a copy of the Standards of Care shall be
placed online on the City's website.
F. Criminal background checks will be conducted on prospective Program employees. If
results of a criminal background check indicate that a prospective Program employee has
been arrested, charged with, or convicted of any of the following offenses, the
prospective Program employee will not be considered for employment:
i. a felony or a misdemeanor classified as an offense against a person or family
member;
ii. a felony or misdemeanor classified as public indecency;
iii. any offense for which a person is required to register as a sex offender under
Chapter 62,Texas Code of Criminal Procedure;
iv. a felony or misdemeanor violation of any law intended to control the possession
or distribution of any controlled substance and;
v. any offense involving moral turpitude.
2. Definitions
For purposes of these Standards of Care,the following words shall have the respective meanings
ascribed to them:
A. City means the City of Allen,Texas.
B. City Council means the City Council of the City.
C. Department means the Parks and Recreation Department of the City.
Ordinance No.3650-3-19,Page 3
D. Director means the Parks and Recreation Department Director of the City or his or her
designee.
E. Employee(s) means people who have been hired to work for the City of Allen and have
been assigned responsibility for managing,administering,or implementing some portion
of a Program.
F. Parent(s) means one or both parent(s)or adults who have legal custody and authority to
enroll their child(ren)in a Program.
G. Participants means a youth whose parent(s) have completed all required registration
procedures and determined to be eligible for a Program.
H. Camp Programs means the Summer Camp Program, Spring Break Camp Program and
the Holiday Camp Program.
I. Center Supervisor or Recreation Program Supervisor means a full-time Department
employee who is a supervisor and has been assigned administrative responsibility for the
Programs.
J. Program Employee means a Department part-time or seasonal employee who has been
assigned responsibility by the Center Supervisor or Recreation Program Supervisor to
implement the City's camp programs.
K. Program Manual means a notebook of policies, procedures, required forms, and
organizational and programming information relevant to each Program.
L. Program Site means area and facilities where a Program is held, consisting of but not
limited to the Joe Farmer Recreation Center, 1201 E. Bethany,Allen,Texas, 75002.
3. Inspections/Monitoring/Enforcement
A. A written inspection report will be prepared by the Recreation Program Supervisor each
month to confirm the Standards of Care are being adhered to.
i. Each monthly inspection report will be sent by the Recreation Program
Supervisor to the Center Supervisor for review and kept on record in accordance
with the City's records retention policy
ii. The Center Supervisor will review the report and establish deadlines and criteria
for compliance with the Standards of Care where failure to comply is determined.
B. The Recreation Program Supervisor will make visual inspections of the Programs based
on the following schedule:
i. The Summer Camp Program will be inspected a minimum of two times during
the Summer Camps' Program schedule.
ii. The Spring Break Camp Program will be inspected at least once during the
Spring Break Camp Program schedule.
iii. The Holiday Camp Program will be inspected at least once during the Holiday
Camp Program schedule.
iv. Each other Program will be inspected at least once each week during the schedule
for the Program.
C. Complaints regarding enforcement of the Standards of Care should be directed to the
Recreation Program Supervisor.The Recreation Program Supervisor will be responsible
to take the necessary steps to address any complaints and to resolve the problem(s), if
any.Complaints regarding enforcement of the Standards of Care and their resolution will
be recorded in writing by the Recreation Program Supervisor. All complaints regarding
enforcement of the Standards of Care where a deficiency is determined will be forwarded
to the Center Supervisor,in a timely manner,with the complaint and the resolution noted.
4. Enrollment
Before a child can be enrolled in a Program,the parents must sign registration forms that contain
the following information about the child:
A. name, address,home telephone number;
B. name and address of parent(s)and telephone number(s)during Program hours;
Ordinance No. 3650-3-19, Page 4
C. the names and telephone numbers of people to whom the child can be released;
D. proof of residency within the City when appropriate; and
E. a fully executed liability waiver and release.
5. Suspected Abuse
A. Program Employees will report suspected child abuse or neglect in accordance with the
Texas Family Code.In the case where an employee is involved in an incident with a child
that could be construed as child abuse,the incident must be reported immediately to the
Center Supervisor. The Center Supervisor will then immediately notify the Recreation
Manager,the City Police Department and any other agency as may be appropriate.
B. Texas state law requires the employees of the 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.
STAFFING-RESPONSIBILITIES AND TRAINING
1. Center Supervisor
A. Qualifications
i. The Center Supervisor will be a full-time, professional employee of the
Department.
ii. Work experience requires broad knowledge in a general profession or technical
field.Knowledge is normally acquired through four years of college resulting in
a Bachelor's Degree in Parks and Recreation or related field preferred or
equivalent experience in Parks and Recreation or related field in lieu of
education. Related Fields/Experience including but not limited to: Parks,
Recreation and Tourism Therapeutic Recreation; Gerontology/Nutrition;
Kinesiology, Sports Management or Physical Education; Ice Rink Operations or
Management; Golf Operations or Programming.
iii. The Center Supervisor must have over two years up to and including three years
of relevant experience.
iv. The Center Supervisor must successfully complete pre-employment screenings,
which consist of a drug test, criminal background check and driving record
check.
v. The Center Supervisor must have successfully completed a course in first aid and
cardio pulmonary resuscitation (CPR) and possess a Texas Class C Driver's
License within 4 months of hire.
B. Responsibilities
The information listed below is intended to describe the general nature and level of work
being performed by individuals assigned to this position. They are not intended to be an
exhaustive list of all responsibilities, duties and skills required of this position.
i. Oversees operation of Recreation Center, its staff and its related programs by
developing and maintaining budget for facility programs and personnel.
Reconciles financial transactions and records, makes daily deposits, processes
and approves refunds,monitors payroll activities, maintains inventory,procures
maintenance services for facility and equipment, ensuring quality of programs
and enforcing and developing policies and procedures.
ii. Provides computer related support by troubleshooting computer problems,
training staff on new and existing computer systems,diagnosing Class/ActiveNet
Software and online registration issues and providing computer assistance to
department staff. Operates in all applicable system modules pertinent to job
assignment, trains staff on use of computer systems and compiles data from
computer systems.
Ordinance No. 3650-3-19, Page 5
iii. Ensures customer service by addressing and resolving complaints from the
public, makes discretionary decisions regarding customer related issues,
educates and trains staff on customer service practices, and holds staff
accountable for expected customer service delivery goals.
iv. Supervises personnel by conducting the hiring process including selecting
candidates and interviewing for open positions, training staff, promoting and
maintaining positive work environment for optimum staff morale, evaluating
staff performance and conducting performance reviews, administering staff
meetings, scheduling staff, holding staff accountable for expectations, handling
staff concerns and suggestions and administering disciplinary actions as needed.
v. Ensures safe and proper maintenance of facilities by coordinating preventative
maintenance, repairs and capital improvements with appropriate personnel
and/or vendors and ensures cleanliness of facility and premises.
vi. May work varied shifts including opening, closing and weekend hours as
assigned.
2. Recreation Program Supervisor
A. Qualifications
i. The Recreation Program Supervisor will be a full-time, professional employee
of the Department.
ii. Work experience requires broad knowledge in a general profession or technical
field.Knowledge is normally acquired through four years of college resulting in
a Bachelor's Degree in Parks and Recreation or related field preferred or
equivalent experience in Parks and Recreation or related field in lieu of
education. Related Fields/Experience including but not limited to: Parks,
Recreation and Tourism; Therapeutic Recreation; Gerontology/Nutrition;
Kinesiology, Sports Management or Physical Education; Ice Rink Operations or
Management Golf Operations or Programming.
iii. The Recreation Program Supervisor must have over two years up to and
including three years of relevant experience.
iv. The Recreation Program Supervisor must successfully complete pre-
employment screenings,which consist of a drug test,criminal background check
and driving record check.
v. The Recreation Program Supervisor must have successfully completed a course
in first aid and cardio pulmonary resuscitation(CPR)within four months of hire
and possess a Texas Class C Driver's License within 4 months of hire.
B. Responsibilities
The information listed below is intended to describe the general nature and level of work
being performed by individuals assigned to this position. They are not intended to be an
exhaustive list of all responsibilities, duties and skills required of this position.
i. Supervises personnel and contract instructors by interviewing applicants for
open positions, coordinating training, observing and monitoring work tasks,
developing program staff, evaluating work performance, writing performance
evaluations, assisting employees to correct deficiencies, scheduling the
necessary employees for facility operations and submitting time sheets for
payroll.Position has direct oversight of Recreation Specialist II's at the center.
ii. Develops and implements various programs by assessing the needs of citizens,
identifying the types of programs to offer, recruiting and hiring qualified
instructors for new programs, negotiating class and instructor fees, preparing
goals and cost analysis for 110%plus cost recovery, scheduling program dates,
reserving facilities for programs, purchasing and maintaining equipment and
materials needed, and advertising programs to the general public. This position
will act in a liaison role to civic organizations and community partners on events;
Ordinance No. 3650-3-19,Page 6
will research and lead the coordination of partnership of national/state affiliated
111 programs as well as corporate partnerships that benefit the division.
iii. Assists with facility operations by addressing and resolving complaints and
concerns from the public, responding to emergencies when required, preparing
facilities for programs,rentals and special events and ensuring the cleanliness of
facilities.
iv. Monitors the allocation of resources by ensuring that the supplies necessary for
the operation of the facility are maintained, ordering new supplies and
equipment, evaluating and recommending the budgetary needs for operations
and creating vendor lists. Position is responsible for vendor and instructor
payment processing and budget oversight of relevant to such.
3. Camp Counselor
A. Qualifications
i. The Camp Counselor will be a temporary seasonal Program Employees of the
Department.
ii. The Camp Counselor must have a High School Diploma or G.E.D.
iii. Must have a desire to work with children and be able to work all eleven weeks
of summer camp. Prior day camp experience or experience programming camp
activities preferred. Experience working with youth preferred.
iv. The Camp Counselor must successfully complete pre-employment screenings,
which consist of a drug test, criminal background check and driving record
check.
v. Required to have a CPR Certification and First Aid Certification before June 1st
(training provided),Valid Texas Class C Driver's License
B. Responsibilities
i. Camp Counselors will be responsible for the supervision and activities of
approximately 10-12 children ages 6-12 in an outdoor and indoor nature
environment.
ii. Counselor will plan and carry out such activities as hiking,arts and crafts,sports,
drama, swimming, and field trips.
4. Training/Orientation
A. The Department is responsible for providing training and orientation to Program
Employees working with children and for specific job responsibilities. The Recreation
Program Supervisor will provide each Program Employee with a Program manual
specific to the applicable Program.
B. Program Employees must be familiar with the Standards of Care for 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 Program 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, Department, and Program
policies and procedures,provision of recreation activities,safety issues,and organization
goals.
F. Program Employees will be required to sign an acknowledgement that they received the
required training.
OPERATIONS
1. Staff-Participant Ratio
A. The standard ratio of Program participants to Program Employees will be no greater than
15 to 1.In the event an employee assigned to a Program is unable to report to the Program
Site,a replacement will be assigned.
Ordinance No.3650-3-19,Page 7
B. Program Employees are responsible for being aware of the participant's habits,interests,
and any special problems as identified by the participant's parent(s) during the
registration process.
2. 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,harsh or corporal punishment or treatment used as a method of
discipline.
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(s) of
participants. Parents 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 or removed from the Program or all
Programs.
F. In instances where there is a danger to participants or employees, offending participants
will be removed from the Program Site as soon as possible.
3. Programming
A. Program Employees will attempt to provide activities for each Program according to the
participants' ages, interests, and abilities. The activities must be appropriate to
participants' health, safety, and wellbeing. The activities also must be flexible and
promote the participants' emotional, social, and mental growth.
B. Program Employees will attempt to provide indoor and outdoor time periods that include:
i. alternating active and passive activities;
ii. opportunity for individual and group activities,and
iii. outdoor time each day weather permits.
4. Communication
A. The Program Site will have a cell phone and land line to allow the Program Employees
to be contacted by Department employees and vice versa.
B. The Recreation Program Supervisor will post the following telephone numbers adjacent
to a telephone accessible to all Program employees:
i. City ambulance or emergency medical services;
ii. City Police Department
iii. City Fire Department
iv. Joe Farmer Recreation Center front desk;
v. Parks and Recreation Administrative office and;
vi. Numbers at which parents may be reached.
5. Transportation
A. Program Employees will be attentive and considerate of the Participant's safety on field
trips and during any transportation provided by the Program.
B. Transportation for field trips is provided by school buses through the Allen Independent
School District. In the event said school district buses are unavailable, department will
ensure suitable transportation is provided.
C. During field trips,Program Employees will have emergency contact information for each
Participant.
D. Program Employees will have a roster of Participants in their group and must account for
all participants frequently, specifically before departure to and from destination.
E. Before a participant may be transported to and from City-sponsored activities,
participants must be registered for the field trip.
Ordinance No.3650-3-19, Page 8
F. First aid supplies and a first aid and emergency care guide will be available in all Program
vehicles that transport children.
G. Designated Program Employees will carry a cell phone at all times during the duration
of the field trip.
H. Participants will be oriented to expected behavior and safety rules.
FACILITY STANDARDS
1. 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.
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 readily available at the Program Site,
during transportation to an off-site activity, and for the duration of any off-site activity.
2. Fire
A. An emergency evacuation plan will be posted at the Program Site. In a situation where
evacuation is necessary, the first priority of Program Employees is to make sure all
participants are in a safe location.
B. The Program Site will have an annual fire inspection by the local Fire Marshal, and the
resulting report will detail any safety concerns observed.The report will be forwarded to
the Center Supervisor who will review and establish deadlines and criteria for compliance
if any deficiencies or concerns are determined to exist.
C. The Program Site must have at least one fire extinguisher readily available to all Program
employees.All Program Employees will be trained in the proper use of fire extinguishers.
D. Fire drills will be initiated at Program Sites based on the following schedule:
i. Summer Camp Program: A fire drill twice during the session.
ii. Spring Break Camp and Holiday Camp Program: A fire drill once during the
session.
3. Health
A. Illness or Injury.
i. A participant who is considered to be a health or safety concern to other
participants or Program Employees will not be admitted to a Program.
ii. Illnesses and injuries will be handled in a manner to protect the health of all
participants and employees.
iii. Program Employees will follow plans to provide emergency care for injured
participants with symptoms of an acute illness as specified in the Program
Manual.
iv. Program Employees will follow the guidelines of the Texas Department of
Health concerning the admission or readmission of any participant after a
communicable disease.
4. Medication Administration
A. A Medication Consent Form must be completed and on file for each prescription the child
receives during the hours of operation.
B. Staff will administer medication only with written parental permission through a
Medication Consent Form and will administer medication only as stated on the label
directions or as amended by the physician.
C. Over-the-counter medications will be administered only if a Medication Consent Form
has been completed,are in the original container and by label directions only.
Ordinance No. 3650-3-19,Page 9
D. If medication dosage has changed during the summer, a new Medication Consent Form
must be completed.
E. All medication must be in the original container and be labeled with the child's name,
the date (if prescription), include directions on how to administer, and include the
physician's name(if prescription).
F. Medications requiring refrigeration must be noted on the Medication Consent Form.
G. Inhalers and peak flows must have instructions.
H. Staff will store and administer medications at the prescribed time as noted on the
Medication Consent Form.
I. Parents/Guardians are responsible for removing medication at the end of the program or
when the child is withdrawn. Any medication left on-site will be properly disposed of
two weeks after the completion of Camp S.T.A.R.
J. Epinephrine-Pens
i. Summer staff is trained to assist children in administering their Epinephrine-Pens
in case of an Anaphylactic Shock. If a child is not able to self-administer the
injection, staff will do so if a completed Medication Consent Form is on file. A
separate Medication Consent Form is required specifically for Epinephrine-Pens
including information about the allergy(s) and the administration of the
Epinephrine-Pen.
ii. If an Epinephrine-Pen is administered, 911 and the parent/guardian will be
contacted immediately.
5. Toilet Facilities
A. The Program Site will have indoor toilets located and equipped so participants can use
them independently.
B. An appropriate and adequate number of lavatories will be provided.
6. Sanitation
A. The Program site will have adequate light,ventilation,and heat.
B. The Program site will have an adequate supply of water meeting the standards of the
Texas Department of Health for drinking water and ensure that it will be supplied to the
participants in a safe and sanitary manner.
C. Program Employees will ensure that garbage is removed from buildings daily.
Ordinance No. 3650-3-19, Page 10