ORD 2024-10 Yourth Programs Standards of Care UpdateTOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 2024-10
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
AMENDING SECTION 1.08.001 ENTITLED "YOUTH PROGRAMS
STANDARDS OF CARE" OF CHAPTER 1, ARTICLE 1.08
"PARKS AND RECREATION", DIVISION 1 OF THE CODE OF
ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, TO AMEND
AND ADOPT THE "YOUTH PROGRAMS STANDARDS OF
CARE"; PROVIDING FOR INCORPORATION OF PREMISES;
PROVIDING FOR AMENDMENTS; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Trophy Club, Texas (the "Town") is a home rule municipality
acting under its Town Charter adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, pursuant to the Town Charter and Texas law, the Town Council is
empowered to adopt ordinances and rules for the good government of the Town; and
WHEREAS, pursuant to Section 42.041(b)(14) of the Texas Human Resources Code,
the Town is required to abide by the established requirements for exempting recreational
programs operated by municipalities for elementary -age (ages 5-13) children from childcare
licensing requirements; and
WHEREAS, in order for the Town to receive exempt status for a youth recreation
program, the Town must adopt the standards of care by ordinance after a public hearing for
the program; and
WHEREAS, the Town Council desires to amend the "Youth Programs Standards of
Care" codified in Section 1.08.001 of the Code of Ordinances, Town of Trophy Club, Texas,
and
WHEREAS, the Town Council hereby finds and determines, in the exercise of its
governmental functions and legislative authority, that adopting this ordinance is in the best
interest of the Town and the public health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF TROPHY CLUB, TEXAS, THAT:
ORDINANCE NO. 2024-10
PAGE 2
SECTION 1.
INCORPORATION OF PREMISES
The above and foregoing premises are true and correct and are incorporated herein and
made a part hereof for all purposes.
SECTION 2.
AMENDMENT
Section 1.08.001 of the Code of Ordinances, Town of Trophy Club, Texas, entitled "Youth
Programs Standards of Care" of Chapter 1 "General Provisions", of Article 1.08 "Parks and
Recreation", of Division 1 "Generally", is hereby amended and replaced in its entirety to adopt
and establish the new "Youth Programs Standards of Care" to read as follows:
"Section 1 .08.001 Youth Programs Standards of Care.
(a) Purpose. The following Youth Programs Standards of Care (the "Standards of Care")are
intended to be the minimum standards by which the Town Parks and Recreation
Department will operate the Town's Youth Programs. These programs operated by
the Town are recreational in nature and are not licensed by the State of Texas, nor
operated as day care programs. Adoption of these Standards of Care will allow the
Town to qualify as being exempt from the licensing requirements of the Texas Human
Resources Code, in accordance with Section 42.041(b)(14).
(b) Definitions. For the purpose of this division, the following terms, phrases, words, and
their derivation shall have the meaning given herein:
Department. Town of Trophy Club Parks and Recreation Department.
Director. Town of Trophy Club Parks and Recreation Director or designee.
Employee or Counselor. A person who has been hired to work for the Town and has been
assigned responsibility for managing, administering, or implementing some portion of the
Town's Youth Programs.
Parents . A parent or guardian who has legal custody and authority to enroll a child in
the Town's Youth Programs.
Parent Handbook. Booklet of camp policies, procedures, required forms, organizational,
and programming materials relevant to the Town's Youth Programs.
Participant. A youth whose parent(s) have completed all required registration procedures
and who has been determined to be eligible for the Town's Youth Programs.
Program Site. Trophy Club Municipal Utility District's Annex Building.
Recreation Coordinator. The Town's full-time programmer who has been assigned
administrative responsibility for the Town's Youth Program or designee.
Recreation Superintendent. The Town's full-time supervisor who has been assigned
ORDINANCE NO. 2024-10 PAGE 3
managerial responsibility for the Town's Youth Program or designee.
Summer Adventure Camp. The Town's Youth Program during the summer.
Town. Town of Trophy Club.
Town Council. Town Council of the Town.
Youth Program or Pro -gram. A town -sponsored recreational program for youth that may
be offered by the Department after school, during the summer, during holidays, or during
intersession. The term does not include any program or activity to which attendees are
free to come and go at will without regard to the presence of a parent or other responsible
adult to care for them.
(c) General Information/Administration.
(1) The governing body of the Youth Program is the Town Council.
(2) Implementation of the Standards of Care for Youth Programs is the responsibility of
the Parks and Recreation Director and Parks and Recreation Department employees.
(3) The Standards of Care apply to all Youth Programs operated by the Department
including, but not limited to, the Summer Adventure Camp.
(4) A current copy of the Standards of Care shall be made available for public view at
Town Hall and the Program Site.
(5) Parents of participants will be provided access to a current copy of the Standards of
Care through the Town's website.
(6) Criminal background checks will be conducted on prospective Youth Program
employees, when applicable. If results of the criminal check indicate that an applicant
has been convicted of any of the following offenses, he or she will not be considered
for employment:
(A) A felony or misdemeanor classified as an offense against a person or
family;
(B) A felony or misdemeanor classified as public indecency;
(C) A felony or misdemeanor violation of any law intended to control the possession
or distribution of any controlled substance;
(D) Any offense involving moral turpitude; or
(E) Any offense that is deemed to potentially put the Town or Youth Program
participants at risk.
(7) Standards of Care Review: Standards will be reviewed annually and approved by
ordinance by the Town Council after a public hearing is held in accordance with
Section 42.041(b)(14) of the Texas Human Resources Code.
(d) Inspection/Monitoring/Enforcement.
Standards of Care established by the Town will be monitored and enforced by theTown
ORDINANCE NO. 2024-10 PAGE 4
Departments responsible for their respective areas as identified below.
(1) Health and safety standards will be monitored and enforced by the Town's Police,
Fire, and Code Enforcement Departments, as applicable.
(2) The Recreation Coordinator of Sports and Programs will make twice weekly visual
inspections of the Program.
(3) Complaints regarding enforcement of the Standards of Care shall be directed to the
Recreation Superintendent. The Recreation Superintendent will 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 Recreation
Superintendent. All complaints regarding enforcement of the Standards of Care where
a deficiency is noted will be forwarded to the Director with the complaint and the
resolution noted.
(e) Enrollment. Before a child may become aparticipant, aparent/guardian must complete
and sign registration forms that contain information pertaining to the participant and their
parent(s). All of the following information must be provided:
(1) Name, address, and telephone number;
(2) Parent/Guardian's name, address, and telephone numbers during program
hours;
(3) Emergency contacts including names and phone number during program hours;
(4) Names and driver's license numbers of people to whom the child may be released;
(5) A statement of the child's special problems, needs, or medical conditions,
(6) Emergency medical authorization;
(7) Permission for field trips; and
(8) Liability Waiver.
(f) Suspected Abuse.
(1) Program employees must report suspected child abuse or neglect in accordance with
the Texas Family Code. In the case where a Town employee is involved in an incident
with a child that could be construed as child abuse, the incident must be reported
immediately to the Recreation Superintendent or Director. The Recreation
Superintendent or Director will immediately notify the Police Department and any
other agency as may be appropriate.
(2) Texas law requires the staff of these 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 fine up
to $1,000 and/or confinement up to 180 days. Confidential reports may be made by
ORDINANCE NO. 2024-10 PAGE 5
calling 1-800-252-5400.
(g) Staffing -Responsibilities and Training.
(1) Recreation Superintendent and Recreation Coordinator:
(A) The Recreation Superintendent and Recreation Coordinator assigned are full-time,
professional employees of the Town and will be required to have all the
same qualifications as outlined in Subsection (g)(2).
(B) The Recreation Superintendent and Recreation Coordinator must meet the
minimum education/experience requirements for employment with the Town to plan
and implement recreation activities.
(C) The Recreation Superintendent and Recreation Coordinator must be able to pass
a background investigation including a test for illegal substances.
(D) The Recreation Superintendent and Recreation Coordinator must have a current
certification in First Aid, Cardiopulmonary Resuscitation (CPR) and AED. All
certifications must be current during the operation of the Program.
(E) The Recreation Superintendent is responsible for managing and administering all
aspects of the Program operations in Compliance with the adopted Standards of
Care.
(F) The Recreation Coordinator is responsible for providing administrative support
for the Programs' daily operations in compliance with the adopted Standards of
Care.
(G)The Recreation Superintendent is responsible for hiring, supervising, and
evaluating Recreation Leaders and Recreation Aides.
(H) The Recreation Superintendent is responsible for managing and overseeing
the planning, implementation, and evaluation of the Programs.
(I) The Recreation Coordinator is responsible for assisting with the planning,
implementing, and evaluating the Programs.
(2) Youth Program Staff:
(A) The Program employees include Recreation Leaders and Recreation Aides.
(B) Program employees may be full-time, part-time, or seasonal employees of the
Town.
(C) Program employees shall be age 16 or older; however, each Program Site will
have at least one employee age 21 or older on site at all times.
(D) Program employees should consistently exhibit competency, good judgment,
and self-control when working with participants.
ORDINANCE NO. 2024-10
PAGE 6
(E) Program employees must treat participants with courtesy, respect, tolerance, and
patience.
(F) Program employees must have a current certification in First Aid, Cardio
Pulmonary Resuscitation (CPR) and AED. All certifications must be current
during the operation of the Program.
(G) Program employees must pass a background investigation when applicable,
including testing for illegal substances.
(H) Program employees will be responsible for providing participants with an
environment in which they can feel safe, enjoy wholesome recreation activities,
and participate in appropriate social opportunities with their peers.
(I) Program employees will be responsible to know and adhere to all Town,
Departmental, and Program standards as well as policies and procedures that
apply to the Programs.
(J) Program employees must ensure that participants are only released to a parent
or authorized person, designated by the parent or guardian. If a parent wishes
their child to sign in or out without a parent or authorized person available, then
the parent must provide specific, written authorization.
(3) Training and Orientation:
(A) The Department is responsible for providing training and orientation to Program
employees in working with children and for specific job responsibilities.
(B) Program employees will be provided with a staff manual.
(C) Program employees must be familiar with the Standards of Care as adopted by the
Town Council.
(D) Program employees must be familiar with the program policies including discipline,
guidance, and release of participants as outlined in the staff manual.
(E) Program employees will be trained with appropriate procedures to handle
emergencies.
(F) Program employees will be trained in areas including Town departmental program
policies, procedures, leading activities, and safety issues.
(G) Program employees will be required to sign an acknowledgement that they have
received the required training.
(h) Operations
(1) Staff to Participant Ratio.
(A) The standard ratio of participants to staff is 1:15 based on average daily
attendance. In the event a Program employee is unable to report to the Program
ORDINANCE NO. 2024-10
PAGE 7
Site, the Recreation Coordinator of Sports and Programs will assign a replacement.
(B) Program employees are responsible for being aware of the participants' habits,
interests, and special needs as identified by the participants' parents)/guardian(s)
during the registration process.
(2) Discipline.
(A) Program employees will implement discipline and guidance in a consistent manner
based on the best interest of Program participants.
(B) There will be no cruel treatment or harsh punishment of Program participants.
(C) Program employees may use brief, supervised separation from the group if
necessary.
(D) As necessary, program employees will initiate behavior reports to the parents or
guardians of participants. Parents will be asked to the sign the behavior reports to
indicate they have been advised about specific problems or incidents.
(E) A sufficient number and/or severe nature of a discipline report(s) as indicated in
the program manual may result in a participant being suspended from the Program.
(F) In instances where there is a danger to other participants or staff, offending
participants will be removed from the Program Site as soon as possible.
(3) Programmin-g_
(A) Program employees will attempt to provide activities for each group according to
the participants' age, interests, and abilities. The activities will be appropriate to the
participants' health, safety, and well-being. The activities must be flexible and
promote the participants' emotional, social, and mental growth.
(B) Program employees will attempt to provide indoor and outdoor time periods to
include-
(i) Alternating active and passive activities;
(ii) Opportunity for individual, small and large group activities; and
(Iii) Outdoor time each day as weather permits.
(C) Program employees will be attentive and considerate of the participants' safety
on field trips and during any transportation provided by the Program.
(i) During trips, program employees must have access to emergency medical
forms and emergency contact information for each participant;
(ii) Program employees must have a written list of participants in the group and
must check the roll frequently, specifically before departure to and from any
location; and
ORDINANCE NO. 2024-10
PAGE 8
(iii) Program employees must have first aid supplies and emergency care
available on field trips.
(4) Communication.
(A) Each Program Site will have access to a telephone for use in contacting
Department staff or making emergency calls.
(B) The Recreation Coordinator will make available all of the following telephone
numbers to all employees at each site:
(1) Emergency services
(ii) Trophy Club Police Department dispatch
(iii) Parks and Recreation Department
(iv) Poison Control
(v) Numbers at which parents)/guardian(s) may be reached
(vi) Recreation Coordinator of Sports and Programs
(vii) Recreation Coordinator of Events
(viii) Telephone and address for the Program Site itself
(ix) Field trip destinations
(5) Transportation.
(A) Before a participant can be transported to and from Town -sponsored
activities, the field trip release statement must be signed by a parent/guardian
on the registration form.
(B) First aid supplies will be available in all Program vehicles that transport
children.
(C) All program vehicles used for transporting participants must have available a
portable fire extinguisher and must be accessible to the adult occupants.
(D) Seatbelts must be worn at all times when the vehicle is being operated and
when provided.
(i) Facility Standards
(1) Safety.
(A) Program employees will inspect the Program Site daily to detect sanitation and
ORDINANCE NO. 2024-10
PAGE 9
safety concerns that might affect the health and safety of the participants. A
weekly inspection report will be completed by the Program employees and
kept on file by the Recreation Coordinator of Sports and Programs.
(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 should be safe for the participants' use.
(D) Program must have first aid supplies readily available at each site, during
transportation to an off -site activity, and for the duration of the off -site activity.
(E) Air conditioners, electric fans, and heaters must be mounted out of participants
reach or have safeguards that keep participants from being injured.
(2) Fire.
(A) In case of fire, danger, explosion or other emergency, the Program employees'
first priority is to evacuate the participants to a designated safe area.
(B) Each Program Site must have at least one (1) fire extinguisher approved by the
Town's fire marshal readily available to all Program employees.
(C) All Program employees will be trained in proper use of fire extinguishers as
well as locations of fire extinguishers through the Program Site.
(3) Illness or Injury.
(A) A participant who is considered by the Director to be a health or safety
concern to other participants or employees will not be admitted to the Program.
(B) Illnesses or injuries will be handled in a manner to protect the health of all
participants and employees.
(C) Program employees will follow plans to provide emergency care for injured
participants with symptoms of an acute illness as specified in the Program
manual.
(D) Program employees will follow the recommendation of the Texas Department
of State Health Services concerning the admission or readmission of any
participant after a communicable disease.
(4) Medication.
(A) Parents)/guardian(s) must complete and sign a medication release that
provides authorization for Program staff to dispense medication with details
as to times and dosages. The release will include a release and hold
harmless exculpatory clause to protect the Town.
(B) Prescription medications must be in the original containers labeled with the
participant's name, a date, directions, and the physician's name. The
ORDINANCE NO. 2024-10
PAGE 10
prescribing physician must provide written guidelines. Program employees will
administer medication only as stated on the label. Program employees will not
administer medication after the expiration date.
(C) Non-prescription medications are labeled with the participant's name and the
date the medication was brought to the Program. Non- prescription medication
must be in the original container. The Program employees will administer
medication only according to the label directions and with written parental or
guardian permission.
(D) Medications dispensed will be limited to those not requiring special knowledge
or skills on the part of the Program employees.
(E) Program employees will ensure medications are inaccessible to participants.
If necessary, medication will be kept in the refrigerator.
(5) Special Needs.
(A) Every reasonable accommodation will be made to address special needs
participants and participants with disabilities.
(B) For health and safety reasons, special needs or disabled participants must
provide a personal attendant for assistance in feeding, changing of clothes,
and using the restroom if needed.
(6) Toilet Facilities.
(A) The Program Site will have toilets located inside and equipped so participants
can use them independently and Program employees can monitor as needed.
(B) There must be one (1) flush toilet for every thirty (30) participants. Urinals may be
counted in the ratio of toilets to participants, but must not exceed 50% of the total
number of toilets.
(C) An appropriate and adequate number of lavatories will be provided.
(7) Sanitation.
(A) Program Sites must have adequate light, ventilation, air conditioning, and heat.
(B) The Program must 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
in a safe and sanitary matter.
(C) Employees must see that garbage is removed from buildings daily."
SECTION 3.
CUMULATIVE
This Ordinance shall be cumulative of all other provisions of ordinances of the Town,
except where the provisions of this Ordinance are in direct conflict with the provisions of such
ORDINANCE NO. 2024-10
PAGE 11
ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
SAVINGS
All rights and remedies of the Town are expressly saved as to any and all violations of the
provisions of any other ordinance affecting the subject matter of this Ordinance within the Town
which have accrued at the time of the effective date of this Ordinance, and, as to such accrued
violations and all pending litigation, both civil and criminal, whether pending in court or not, under
such ordinances same shall not be affected by this Ordinance, but may be prosecuted until final
disposition by the courts.
SECTION 5.
SEVERABILITY
The sections, paragraphs, sentences, phrases, clauses, and words of this Ordinance are
severable, and if any section, paragraph, sentence, phrase, clause, or word in this Ordinance or
application thereof to any person or circumstance is held invalid or unconstitutional by a Court of
competent jurisdiction, such holding shall not affect the validity of the remaining portions of this
Ordinance, and the Town Council hereby declares that it would have passed such remaining
portions of this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
SECTION 6.
PUBLICATION
The Town Secretary of the Town of Trophy Club is hereby directed to publish the caption
and Effective Date of this Ordinance if required by Section 3.16 of the Town's Charter.
SECTION 7.
EFFECTIVE DATE
This Ordinance shall become effective from and after its date of adoption and publication
as provided by law, and it is so ordained.
PASSED AND APPR P -tR Town ou cil of the Town of Trophy Club, Texas
this 13th day of May 2024. Oda
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ATTEST:
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Tammy Dixon, Towh Secretary
APPROVED AS TO FORM:
Dean f6gg ,To
i�anyfiMayor