Item 4C- Standards of Care
M E M O R A N D U M
October 9, 2019
To: Shana Yelverton, City Manager
From: Chris Tribble, Director of Community Services
Subject: Approve Ordinance No. 1225, 1st Reading, Adopting the 2020 Standards
of Care for the recreation programs for elementary school age children
operated by the Community Services Department
Action
Requested: City Council approval of the proposed Standards of Care as
presented in Ordinance No. 1225 for 1st Reading. If approved, 2nd
Reading and Public Hearing to be presented November 5, 2019.
Background
Information: This item is identical to the 2019 Standards of Care adopted by the
City Council last year.
The City operates recreation programs for elementary school age
children including Camp Mania. As such, the State requires that
Standards of Care be adopted annually by ordinance for any city
operating elementary-age recreation programs.
The State’s requirement is found in Section 42.041(b)(14) of the
Texas Human Resources Code which states, “that an elementary-
age recreation program operated by a municipality is not required
to obtain a license from the state provided that the governing body
of the municipality annually adopts standards of care for such
programs by ordinance after a public hearing.”
The proposed 2020 Standards of Care are intended to be minimum
standards by which the City of Southlake and Community Services
Department will operate the City’s youth programs. The Standards
of Care includes staff responsibilities, enrollment requirements,
staffing ratios, staff qualifications and training, facility standards,
health and safety standards and mechanisms for inspecting,
monitoring and enforcing care standards. Please refer to the
complete Standards of Care document provided in your packet for
specific provisions.
Because the programs operated by the City are recreational in
nature and are not licensed by the state of Texas as day care
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programs, the Texas Department of Family and Protective Services
has issued a certificate of exemption for the City’s youth programs.
A copy of the exemptions are attached.
City Council will consider first reading of proposed Ordinance No.
1225, establishing 2020 Standards of Care, at the October 15,
2019 meeting. If the Ordinance is approved at first reading, the
second reading and public hearing will be held at the November 5,
2019 City Council meeting.
A copy of Ordinance No. 1225, adopting 2020 Standards of Care
for elementary-age recreation programs operated by the City is
attached to the memo for your consideration.
Financial
Considerations: Approval of the proposed Standards of Care will require no
additional funding by the City.
Strategic Link: Approval of the Standards of Care is linked to the City’s Strategy
May related to the Focus Areas of Safety & Security and
Performance Management and Service Delivery. The item also
delivers on the Corporate Objective to Achieve the highest
standards of safety & security.
Citizen Input/
Board Review: Parks and Recreation Board consideration October 14, 2019
City Council consideration of Ordinance No. 1225, 1st Reading
October 15, 2019
City Council consideration of Ordinance No. 1225, 2nd Reading &
Public Hearing November 5, 2019
Legal Review: City Attorney has reviewed the document
Alternatives: Alternatives may include:
• Recommendation to approve as presented
• Recommendation to approve with input as desired
• Recommendation not to approve
Supporting
Documents: • Ordinance No. 1225, Standards of Care
• Copy of Tx Human Resources Code Sect. 42.041(b)(14)
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• Copy of Certificates of Exemption
Staff
Recommendation: City Council approval of Ordinance No. 1225, 1st Reading,
approving the 2020 Standards of Care
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ORDINANCE NO. 1225
AN ORDINANCE ESTABLISHING STANDARDS OF CARE FOR THE
RECREATION PROGRAMS FOR ELEMENTARY SCHOOL AGE
CHILDREN OPERATED BY THE CITY; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article IX, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, Section 42.041 of the Texas Human Resources Code provides that
an elementary-age recreation program operated by a municipality is not required to
obtain a license from the state provided that the governing body of the municipality
annually adopts standards of care for such programs by ordinance after a public
hearing; and
WHEREAS, the City Council has conducted a public hearing and desire to adopt
the standards set forth in this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The Standards of Care attached hereto as Exhibit “A” and incorporated by
reference herein are hereby for recreation programs for elementary-age children.
SECTION 2.
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs, and sections of this ordinance are severable, and if
any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
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such unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 3.
This ordinance shall be in full force and effect from and after its passage, and it is
so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS 15th DAY OF
OCTOBER, 2019.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS 5th DAY OF
NOVEMBER, 2019.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
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Community Services
Department
Standards of Care
For
Youth Programs
Community Services Department
285 Shady Oaks Drive
Southlake, TX 76092
817.748.8019
817.748.8027 (Fax)
www.cityofsouthlake.com
Exhibit “A”
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Table of Contents
Standards of Care
General Administration 3
Organization 3
Definitions 4
Objectives of Youth Programs 5
Inspections/Monitoring/Enforcement 5
Enrollment 6
Suspected Abuse 6
Staffing – Responsibilities and Training 7
Camp Director Qualifications 7
Camp Director Job Functions 8
Program Employees Qualifications 9
Program Employees Job Functions 9
Personnel Restriction 10
Training/Orientation 10
Service Standards 10
Appearance 10
Interaction with Parents & Participants 10
Additional Staff Responsibilities 11
Operations 11
Staff/Participant Ratio 11
Discipline 11
Programming 12
Communication 13
Transportation 13
Facility Standards 13
Safety 13
Fire 14
Health 14
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CITY OF SOUTHLAKE YOUTH PROGRAMS
STANDARDS OF CARE
The following Standards of Care have been adopted by the City Council of Southlake, Texas, to
comply with Chapter 42 of the Texas Human Resources Code, specifically Section 42.041(b)(14)
regarding an exemption for the City of Southlake’s Youth Programs, as defined herein. These
Standards of Care are intended to be minimum standards by which the City of Southlake
Community Services Department will operate the City’s Youth Programs. The Youth Programs
are recreational in nature and are not child-care facilities or day care programs, and are not
licensed by the State of Texas.
General Administration
1. Organization
A. The governing body of the City of Southlake Youth Programs is the City of
Southlake City Council.
B. Implementation of the Youth Programs Standards of Care (“Standards of Care”)
is the responsibility of the Director of Community Services and departmental
employees.
C. These Standards of Care apply to all Youth Programs operated by the
Department, including but not limited to: the Summer Day Camp Programs,
Holiday Day Camp Programs, and Spring Break Day Camp Programs.
D. Each Program Site will have available for public and staff review a current copy
of the Standards of Care.
E. Parents of participants may obtain a copy of the Standards of Care from the City
during the program registration process. In addition, the Standards of Care can
be accessed on the City’s website at: www.SouthlakeParksandRec.com.
F. Criminal background checks shall be conducted on prospective staff. No person
who has been convicted of, who is under indictment for, or is the subject of an
official criminal complaint alleging violation of, any of the crimes listed in the
Texas Department of Protective and Regulatory Service’s Day Care Center
Minimum Standards and Guidelines Appendix II, as same may be amended, or a
felony violation of the Texas Controlled Substance Act, may be present while
children are in care.
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2. Definitions
A. Camp Director: A Department employee who is assigned responsibility to
implement and direct a Youth Program and oversee the Program Employees
assigned to the corresponding Youth Program.
B. Department: Community Services Department of the City of Southlake.
C. Employee(s): Individuals who have been hired to work for the City of Southlake
and have been assigned responsibility for managing, administering, or
implementing some portions of the Youth Programs.
D. Parent(s): One or both parent(s) or legal guardian(s) who have legal custody and
authority to enroll the child(ren) in the Youth Programs.
E. Participant: A Youth whose parent(s) or legal guardian(s) have completed all
required registration procedures and determined to be eligible for the Youth
Programs.
F. Program Coordinator or Coordinator: A Department employee who has been
assigned administrative responsibility for the Youth Programs and oversees the
Camp Directors.
G. Program Employee: A Department employee who is assigned to work with
participants of a Youth Program at a Program Site.
H. Program Manual: Notebook of policies, procedures, required forms, and
organizational and programming information relevant to Youth Programs.
I. Program Site: The facilities and surrounding property where Youth Programs are
held.
J. Program Supervisor: A Department employee who oversees the Program
Coordinator and operations of all Youth Programs.
K. City: City of Southlake, Texas.
L. City Council: City Council of the City of Southlake, Texas.
M. Youth: A school aged person between the ages of 5 and 13, as of the program
start date of the Youth Program.
N. Youth Programs: The City of Southlake Youth Programs consisting of programs
such as: the Summer Day Camp Programs, Holiday Day Camp Programs, and
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Spring Break Day Camp Programs. A single camp may be referred to as a Youth
Program.
3. Objectives of Youth Programs
A. To provide Youth, including those with special needs, with the opportunity of
recreational activities which may include sports, games, arts and crafts,
education, dance, drama, special events, field trips, tournaments, etc.
B. To provide an encouraging atmosphere by emphasizing the positive
development of physical skills, emotional development and growth of self-
confidence.
C. To provide a safe environment by promoting good health and welfare for all
participants.
D. To teach Youth how to spend their leisure time wisely in an effort to meet the
emotional, physical and social needs of the Youth.
4. Inspections/Monitoring/Enforcement
A. The City has established these Standards of Care in order to obtain an exemption
from the State regarding the Youth Programs. Once the exemption is
established, the State will not monitor the Youth Programs. These Standards of
Care will be reviewed annually and brought before the City Council for
consideration, regarding any amendments recommended by the Program
Supervisor, and approval after a public hearing regarding the Standards of Care is
held, pursuant to Texas Human Resources Code § 42.041(b)(14).
B. The Program Coordinator shall prepare an inspection report and submit it to the
Program Supervisor to confirm the Standards of Care are being adhered to.
(1) Monthly inspection reports shall be sent to the Program Supervisor for
review and maintained by the City in accordance with applicable record
retention policies.
(2) The Program Supervisor shall review the monthly inspection report and
shall establish deadlines and criteria for compliance with the Standards of
Care where failure to comply is noted.
C. The Program Supervisor shall make visual inspections of the Youth Programs
based on the following schedule.
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1. Youth Programs operating during the summer shall be inspected no less
than twice during the Youth Program’s summer schedule.
2. Youth Programs which operate during the regular Carroll Independent
School District school year, for two (2) weeks or less, shall be inspected at
least once during the Youth Program’s schedule.
D. Complaints regarding enforcement of the Standards of Care shall be directed to
the Program Coordinator. The Program Coordinator shall be responsible to take
the necessary steps to address the complaint and resolve the problem, if any.
Complaints regarding enforcement of the Standards of Care and resolution of
complaints arising under the Standards of Care shall be recorded by the Program
Coordinator. All complaints regarding enforcement of the Standards of Care
where a deficiency is noted will be forwarded to the Program Supervisor with
the complaint and the resolution noted.
5. Enrollment
Before a child may enroll in a Youth Program, the parents shall sign registration forms
that contain the following information about the child:
(1) Name, home address, home telephone number, parent’s email address;
(2) Name and address of parent(s) and contact telephone number(s) during
Youth 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 problems, needs or medical conditions;
(5) Emergency medical authorization;
(6) A signed liability waiver.
6. Suspected Abuse
Program Employees shall report suspected child abuse or neglect in accordance with the
Texas Family Code. In a situation where an Employee is involved in an incident with a
child that could be considered to be child abuse, the incident shall be immediately
reported to the Program Supervisor. The Program Supervisor will immediately notify
the Police Department and any other agency, as may be appropriate.
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Texas State law requires the Employees of the 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 one hundred eighty (180) days. Confidential
reports may be made by calling 1.800.252.5400.
A complete copy of the Texas Family Code regulations regarding child abuse can be
found at http://www.statutes.legis.state.tx.us
Staffing - Responsibilities and Training
1. Camp Director
A. Qualifications. The Camp Director shall:
(1) Consistently exhibit competency, good judgment, and self-control when
working with Youth.
(2) Interact with Youth with courtesy, respect, tolerance, and patience.
(3) Successfully complete a course in first aid, CPR, and AED, in compliance
with American Heart Association standards.
(4) Pass a background investigation and testing for illegal substances.
(5) Be mature, responsible, and able to complete duties with minimal
supervision.
(6) Communicate effectively with the public.
(7) Possess a valid Texas driver’s license.
(8) Have previous experience in supervising Youth of varying age levels in a
group setting and possess knowledge of recreational games, crafts, and
activities.
(9) Complete City-mandated training.
(10) Be at least eighteen (18) years of age.
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B. Job Functions. The Camp Director shall endeavor to:
(1) Direct and supervise Program Employees. Hiring and training shall be the
responsibility of the Program Coordinator with assistance from the Camp
Director.
(2) Complete and submit proper records, including Youth Program
schedules, Program Employee schedules, accident/incident reports, and
participant attendance.
(3) Schedule appropriate activities in accordance with the philosophy of the
Youth Program and coordinate with the Program Coordinator to ensure
appropriate reservations and transportation are secured in order to
complete activities.
(4) Maintain an orderly, clean and safe environment for the Youth while
promoting a non-competitive program directed toward accentuating
positive behaviors, physical development, and emotional growth.
(5) Maintain supplies, equipment and all necessary documentation for the
operation of the Youth Program.
(6) Communicate with Parent(s) as necessary.
(7) Conduct on-going evaluations regarding the Youth Program and
implement approved recommendations, as needed.
(8) Provide reports to Program Coordinator on a weekly basis regarding
Youth Program activities.
(9) Know and follow all City, Department, and Program Manual standards,
policies, and procedures that apply to Youth Programs.
(10) Ensure that participants are released only to a Parent or an adult
designated by the Parent in accordance with Department procedures. All
Program Sites will have a copy of the approved Department procedure to
verify the identity of a person authorized to pick-up a participant.
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2. Program Employees
A. Qualifications. A Program Employee must:
(1) Consistently exhibit competency, good judgment, and self-control when
working with Youth.
(2) Interact with Youth with courtesy, respect, tolerance, and patience.
(3) Successfully complete a course in first aid, CPR, and AED, in compliance
with American Heart Association standards.
(4) Pass a background investigation and testing for illegal substances.
(5) Be mature, responsible, and able to complete duties with minimal
supervision.
(6) Possess a valid Texas driver’s license.
(7) Have previous experience in working with Youth of varying age levels in a
group setting and possess knowledge of recreational games, crafts, and
activities.
(8) Complete City-mandated training.
(9) Be at least sixteen (16) years of age.
B. Essential Job Functions. A Program Employee shall endeavor to:
(1) Promote a non-competitive, positive, image-enhancing environment for
each participant through the direction of fun, varied, and well-organized
activities.
(2) Directly lead activities using a method that will provide opportunities for
the involvement of all participants on an equal basis.
(3) Exhibit enthusiasm for the activity to impart a feeling of excitement in the
participants.
(4) Follow procedures for Youth Programs drop off and pick-up and
preparation of accident/incident reports.
(5) Follow guidelines for safety and storage of equipment and notify Camp
Director regarding supplies inventories.
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(6) Ensure safety of Youth at Program Site and on field trips.
(7) Adhere to these Standards of Care for Youth Programs.
3. Personnel Restriction
A person shall not be employed as an Employee in a Youth Program if:
(1) The person would be permanently barred from being present at a child
care operation while children are in care under the Texas Administrative
Code Title 40, Part 19, Chapter 745 (Licensing).
4. Training/Orientation
A. The Department is responsible to provide training and orientation to all Youth
Programs employees who work with children regarding their specific job
responsibilities. Program Coordinators shall provide each Camp Director with a
staff program manual specific to each Youth Program.
B. Employees must be familiar with these Standards of Care for Youth Programs.
C. Employees shall be trained in appropriate procedures to handle emergencies.
D. Employees shall be trained in City, Department, and Program Manual policies
and procedures applicable to Youth Programs.
E. Employees shall be required to sign an acknowledgment that they received the
required training.
Service Standards
1. Appearance
A. Youth Programs shirts shall be worn by participants and volunteers.
B. The City’s dress code policy shall be adhered to at all time. Failure to comply
with the dress code will result in an Employee being sent home.
2. Interaction with Parents and Participants
A. Participants and Parents will be treated with respect at all times.
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B. Program Employees and Camp Directors shall keep parents continuously
informed of activities and schedules. A weekly schedule shall be distributed and
copies shall be kept with the daily sign in sheets.
C. Staff shall note details of behavior of participants (accomplishments, discipline
problems, general activities, etc.) and update Parents as much as possible.
D. The Camp Director will review and document complaints and forward complaints
to the Program Coordinator, and shall respond as appropriate. All complaints
shall be addressed within one (1) business day, if they are not resolved on site.
All complaints must be recorded, including resolution, and forwarded to
Program Coordinator.
3. Additional Staff Responsibilities
A. Program Employees shall monitor the sign in/out log at all times.
B. Program Employees shall spend 100% of their time while on duty actively
involved with Participants and/or Parents.
C. Program Employees shall pick-up the area used by their group after each activity.
D. Prior to beginning work each day, all staff shall report to the appointed location
for any messages, instructions, or information.
Operations
1. Staff/Participant Ratio
A. The maximum ratio of Participants to Program Employees shall be 12:1 based on
average daily attendance. In the event an employee is unable to report to the
Program Site, a replacement shall be assigned.
B. Each Participant shall have a Program Employee who is assigned to him/her and
who shall be aware of the Participant’s habits, interests, and any special needs, as
identified by the Participant’s parent(s) during the registration process.
2. Discipline
A. Program Employees shall implement discipline and guidance in a consistent
manner based on the best interests of program participants.
B. There shall be no cruel, harsh or corporal punishment used as a method of
discipline.
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C. Program Employees may use brief, supervised separation from the group if
necessary. Participants shall be informed of Youth Program rules.
D. As necessary, Program Employees shall initiate discipline reports to the Parent(s)
of Participants. Parents shall 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
Youth Programs. Parents shall be contacted to pick up their Youth immediately in
the event of such suspension or removal.
F. In instances where there is a danger to Participants or Employees, offending
Participants shall be removed from the Program Site immediately.
G. Any person(s) creating a nuisance, causing a disturbance, or creating an unsafe
environment at any Program Site shall be subject to ejection from the Site and
possible arrest and legal action.
H. In the event any Employee believes that criminal conduct has occurred, or is
reasonably likely to occur, the Employee shall immediately notify the Program
Coordinator or other supervisory employee and/or contact the Police directly if
time does not permit indirect reporting.
3. Programming
A. Program Employees shall attempt to provide activities for each group according to the
Participant’s age, 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 indoor and outdoor time periods, weather
permitting, that include:
(1) Alternating active and passive activities; and
(2) Opportunity for individual and group activities.
C. Program Employees shall be attentive and considerate of the Participants’ safety on
field trips and during any transportation provided by the Youth Programs. Participants
shall be counted before leaving the Program Site and before boarding the
transportation to return to the Program Site, and at other times as deemed to be
reasonably necessary to preserve the Participants’ safety.
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(1) During trips, Program Employees supervising Participants must have
immediate access to Participant forms and emergency contact information for
each Participant; and
(2) Program Employees shall have a written list of the Participants in the group
and must check the attendance frequently; and
(3) Program Employees shall have First Aid supplies, a guide to First Aid and
emergency care available on field trips.
4. Communication
The Program Site shall have a telephone to allow the Program Site to be contacted by Parks
and Recreation personnel or for making emergency calls.
5. Transportation
A. First Aid supplies and a First Aid and emergency care guide will be available in all
Youth Program vehicles that transport Youth.
B. All Program vehicles used for transporting Participants shall have available a 6-BC
portable fire extinguisher in the vehicle which shall be accessible to the adult
occupants.
Facility Standards
1. Safety
A. Program Employees shall inspect the Program Site daily to detect sanitation and
safety concerns that might affect the health and safety of the Participants.
Program employees will also complete a daily inspection report and submit it to
the Program Coordinator, who shall maintain it in the City’s files.
B. The Camp Director shall inspect the buildings, grounds, and equipment on the
Program Site to insure that they are clean, in good repair, and maintained so as
to protect the health of the Participants.
C. Program equipment and supplies shall be safe for Participants use.
D. Program Employees shall have First Aid supplies available at the Program Site,
during transportation, and for the duration of any off-site activity.
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E. Program Employees shall have First Aid supplies and a guide to First Aid and
emergency care readily available in a designated location.
2. Fire
A. In case of fire, danger of fire, explosion, or other emergency, a Program
Employee’s first priority is to evacuate the Participants to a designated safe area.
Emergency evacuation and relocation plans shall be posted within the Program
Site.
B. The Program Site shall have an annual fire inspection by the local Fire Marshal,
and the resulting report shall detail any safety concerns observed. The report
shall be forwarded to the Supervisor who shall review and establish deadlines
and criteria for compliance.
C. Each Program Site must have at least one (1) operable, charged fire extinguisher
approved by the Fire Marshal or designee readily available to all Program
Employees. The fire extinguisher is to be inspected monthly by the Program
Coordinator to verify that it is sufficiently charged and operable. All Employees
will be trained in the proper use of a fire extinguisher.
D. Fire drills shall be conducted monthly.
3. Health
A. Illness or Injury
(1) Illnesses and injuries shall be handled in a manner to protect the health
of all participants and employees. Parents shall be notified in cases of
illness or injury. Paramedics shall be notified in the event of an injury
that cannot be remedied through basic first aid. An accident report shall
be completed for all injuries and forwarded to the Camp Director.
(2) An ill Youth shall not be allowed to attend or participate in Youth
Programs if the Youth is suspected of having a temperature and/or
accompanied by behavior changes or other signs or symptoms until a
medical evaluation indicating that the Youth can return to the Youth
Program.
(3) Employees shall follow the recommendations of the Texas Department of
Health concerning the admission or readmission of any Participant after a
communicable disease.
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B. Program Employees shall administer medication only if:
(1) Parent(s) complete and sign a “Consent to Administer Medication” Form
that authorizes for Employees to administer medication and provide
details as to time(s) and dosage(s) consistent with the medications label.
(2) Prescription medications are in the original containers labeled with the
Youth’s name, a date, directions, and the prescribing physician's name.
Employees shall administer the medication only as stated on the label.
Employees shall not administer medication after the expiration date.
(3) Non-prescription medications are labeled with the Youth’s name and the
date the medication was brought to the Youth Program. Non-
prescription medication must be in the original container. The
Employees shall administer non-prescription medications only according
to label direction.
(4) Medications dispensed shall be limited to routine oral ingestion, including
inhalers, not requiring special knowledge or skills on the part of Program
Employees.
(5) Program Employees shall ensure medications are inaccessible to
Participants.
C. Toilet Facilities
(1) The Program Site shall have adequate indoor toilets and lavatories
located and equipped so Youth can use them independently and Program
Employees can supervise as needed.
(2) There must be one (1) flush toilet for every thirty (30) participants.
Urinals may be counted in the ratio of toilets to participants, but shall not
exceed fifty percent (50%) of the total number of toilets.
D. Sanitation
(1) The Program Site shall have adequate light, ventilation, and heat.
(2) The Program Site shall have an adequate supply of drinking water
meeting the standards of the Texas Department of Health for drinking
water and ensure that it shall be supplied to the Participants in a safe and
sanitary manner.
(3) Program Employees shall ensure that garbage is removed from the
Program Site daily.
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SUBCHAPTER C. REGULATION OF CERTAIN FACILITIES, HOMES, AND
AGENCIES
This section was amended by the 84th Legislature. Pending
publication of the current statutes, see S.B. 219, 84th
Legislature, Regular Session, for amendments affecting this
section.
Sec. 42.041. REQUIRED LICENSE. (a) No person may operate
a child-care facility or child-placing agency without a license
issued by the department.
(b) This section does not apply to:
(1) a state-operated facility;
(2) an agency foster home or agency foster group
home;
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during short periods
while parents or persons responsible for the children are
attending religious services, shopping, or engaging in other
activities, including retreats or classes for religious
instruction, on or near the premises, that does not advertise as
a child-care facility or day-care center, and that informs
parents that it is not licensed by the state;
(4) a school or class for religious instruction that
does not last longer than two weeks and is conducted by a
religious organization during the summer months;
(5) a youth camp licensed by the Department of State
Health Services;
(6) a facility licensed, operated, certified, or
registered by another state agency;
(7) an educational facility that is accredited by the
Texas Education Agency, the Southern Association of Colleges and
Schools, or an accreditation body that is a member of the Texas
Private School Accreditation Commission and that operates
primarily for educational purposes for prekindergarten and
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above, a before-school or after-school program operated directly
by an accredited educational facility, or a before-school or
after-school program operated by another entity under contract
with the educational facility, if the Texas Education Agency,
the Southern Association of Colleges and Schools, or the other
accreditation body, as applicable, has approved the curriculum
content of the before-school or after-school program operated
under the contract;
(8) an educational facility that operates solely for
educational purposes for prekindergarten through at least grade
two, that does not provide custodial care for more than one hour
during the hours before or after the customary school day, and
that is a member of an organization that promulgates, publishes,
and requires compliance with health, safety, fire, and
sanitation standards equal to standards required by state,
municipal, and county codes;
(9) a kindergarten or preschool educational program
that is operated as part of a public school or a private school
accredited by the Texas Education Agency, that offers
educational programs through grade six, and that does not
provide custodial care during the hours before or after the
customary school day;
(10) a family home, whether registered or listed;
(11) an educational facility that is integral to and
inseparable from its sponsoring religious organization or an
educational facility both of which do not provide custodial care
for more than two hours maximum per day, and that offers an
educational program in one or more of the following:
prekindergarten through at least grade three, elementary grades,
or secondary grades;
(12) an emergency shelter facility, other than a
facility that would otherwise require a license as a child-care
facility under this section, that provides shelter or care to a
minor and the minor's child or children, if any, under Section
32.201, Family Code, if the facility:
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(A) is currently under a contract with a state
or federal agency; or
(B) meets the requirements listed under Section
51.005(b)(3);
(13) a juvenile detention facility certified under
Section 51.12, Family Code, a juvenile correctional facility
certified under Section 51.125, Family Code, a juvenile facility
providing services solely for the Texas Juvenile Justice
Department, or any other correctional facility for children
operated or regulated by another state agency or by a political
subdivision of the state;
(14) 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;
(15) an annual youth camp held in a municipality with
a population of more than 1.5 million that operates for not more
than three months and that has been operated for at least 10
years by a nonprofit organization that provides care for the
homeless;
(16) a food distribution program that:
(A) serves an evening meal to children two years
of age or older; and
(B) is operated by a nonprofit food bank in a
nonprofit, religious, or educational facility for not more than
two hours a day on regular business days;
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(17) a child-care facility that operates for less
than three consecutive weeks and less than 40 days in a period
of 12 months;
(18) a program:
(A) in which a child receives direct instruction
in a single skill, talent, ability, expertise, or proficiency;
(B) that does not provide services or offerings
that are not directly related to the single talent, ability,
expertise, or proficiency;
(C) that does not advertise or otherwise
represent that the program is a child-care facility, day-care
center, or licensed before-school or after-school program or
that the program offers child-care services;
(D) that informs the parent or guardian:
(i) that the program is not licensed by the
state; and
(ii) about the physical risks a child may
face while participating in the program; and
(E) that conducts background checks for all
program employees and volunteers who work with children in the
program using information that is obtained from the Department
of Public Safety;
(19) an elementary-age (ages 5-13) recreation program
that:
(A) adopts standards of care, including
standards relating to staff ratios, staff training, health, and
safety;
(B) provides a mechanism for monitoring and
enforcing the standards and receiving complaints from parents of
enrolled children;
(C) does not advertise as or otherwise represent
the program as a child-care facility, day-care center, or
licensed before-school or after-school program or that the
program offers child-care services;
(D) informs parents that the program is not
licensed by the state;
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(E) is organized as a nonprofit organization or
is located on the premises of a participant's residence;
(F) does not accept any remuneration other than
a nominal annual membership fee;
(G) does not solicit donations as compensation
or payment for any good or service provided as part of the
program; and
(H) conducts background checks for all program
employees and volunteers who work with children in the program
using information that is obtained from the Department of Public
Safety;
(20) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which the
caretaker:
(A) had a prior relationship with the child or
sibling group or other family members of the child or sibling
group;
(B) does not care for more than one unrelated
child or sibling group;
(C) does not receive compensation or solicit
donations for the care of the child or sibling group; and
(D) has a written agreement with the parent to
care for the child or sibling group;
(21) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which:
(A) the department is the managing conservator
of the child or sibling group;
(B) the department placed the child or sibling
group in the caretaker's home; and
(C) the caretaker had a long-standing and
significant relationship with the child or sibling group before
the child or sibling group was placed with the caretaker;
(22) a living arrangement in a caretaker's home
involving one or more children or a sibling group, excluding
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children who are related to the caretaker, in which the child is
in the United States on a time-limited visa under the
sponsorship of the caretaker or of a sponsoring organization; or
(23) a facility operated by a nonprofit organization
that:
(A) does not otherwise operate as a child-care
facility that is required to be licensed under this section;
(B) provides emergency shelter and care for not
more than 15 days to children 13 years of age or older but
younger than 18 years of age who are victims of human
trafficking alleged under Section 20A.02, Penal Code;
(C) is located in a municipality with a
population of at least 600,000 that is in a county on an
international border; and
(D) meets one of the following criteria:
(i) is licensed by, or operates under an
agreement with, a state or federal agency to provide shelter and
care to children; or
(ii) meets the eligibility requirements for
a contract under Section 51.005(b)(3).
(b-1) Repealed by Acts 2009, 81st Leg., R.S., Ch. 720,
Sec. 19(1), eff. September 1, 2009.
(c) A single license that lists addresses and the
appropriate facilities may be issued to a general residential
operation that operates noncontiguous facilities that are across
the street from, in the same city block as, or on the same
property as one another and that are demonstrably a single
operation as indicated by patterns of staffing, finance,
administrative supervision, and programs.
(d) A facility exempt from the provisions of Subsection
(a) of this section that desires to receive or participate in
federal or state funding shall be required to comply with all
other provisions of this chapter and with all regulations
promulgated under this chapter.
(e) The exemptions provided by Subsection (b) of this
section do not affect the authority of local, regional, or state
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health department officials, the state fire marshal, or local
fire prevention officials to inspect child-care facilities.
(f) Notwithstanding the requirements of Subsection
(b)(14), a municipality that operates an elementary-age (ages 5-
13) recreation program may, in lieu of an annual public hearing,
accept public comment through the municipality's Internet
website for at least 30 days before the municipality adopts
standards of care by ordinance if the municipality:
(1) has a population of 300,000 or more; and
(2) has held at least two annual public hearings on
the standards of care and adopted standards of care by ordinance
after those public hearings.
(g) A child-care facility that is exempt under Subsection
(b)(3) from the licensing requirement of Subsection (a) may
provide care for each child at the child-care facility for not
more than 15 hours a week if the child-care facility:
(1) provides the child care so that a person may
attend an educational class provided by a nonprofit entity; and
(2) is located in a county with a population of
800,000 or more that is adjacent to an international border.
Acts 1979, 66th Leg., p. 2361, ch. 842, art. 1, Sec. 1, eff.
Sept. 1, 1979. Amended by Acts 1981, 67th Leg., p. 2812, ch.
759, Sec. 2, 3, eff. Aug. 31, 1981; Acts 1987, 70th Leg., ch.
1052, Sec. 4.03, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch.
1115, Sec. 2, eff. June 19, 1987; Acts 1995, 74th Leg., ch.
262, Sec. 54, eff. Jan. 1, 1996; Acts 1995, 74th Leg., ch. 847,
Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec.
7.46, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 664, Sec.
3, 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1063, Sec.
7, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1217, Sec. 2,
eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 218, Sec. 3, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.93(a), eff.
September 1, 2005.
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Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 25,
eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1037 (H.B. 1786), Sec. 1,
eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1414 (H.B. 1385), Sec. 1,
eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 4, eff.
September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 5, eff.
September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 720 (S.B. 68), Sec. 19(1),
eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 343 (H.B. 3051), Sec. 1,
eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1082 (S.B. 1178), Sec. 2,
eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec.
22.001(30), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 192 (S.B. 353), Sec. 1,
eff. May 25, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 746 (S.B. 427), Sec. 1,
eff. September 1, 2013.
This section was amended by the 84th Legislature. Pending
publication of the current statutes, see S.B. 219, 84th
Legislature, Regular Session, for amendments affecting this
section.
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