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ORD 2025-04 Youth Programs Standard of Care TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 2025-04 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, AMENDING CHAPTER 1, ARTICLE 1.08 "PARKS AND RECREATION", DIVISION 1 OF THE CODE OF ORDINANCES, TOWN OF TROPHY CLUB, TEXAS, BY AMENDING SECTION 1.08.001 IN ITS ENTIRETY; AND ADOPTING UPDATED "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 local Youth Programs Standards of Care ("Standards of Care") by ordinance after a public hearing; and WHEREAS, the Town Council desires to amend Section 1.08.001 in its entirety and to adopt the standards of care as an exhibit to this ordinance for ease of reference, and to enhance public access to and practical application of the Standards of Care; 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: 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. ORDINANCE NO. 2025-04 PAGE 2 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 read as follows: "Section 1 .08.001 Youth programs standards of care. a. Authority. The Town Council adopts the local Youth Programs Standards of Care ("Standards of Care") for the Parks and Recreation Department ("Department") and other Town youth recreation programs in compliance with the requirements of Texas Human Resources Code Sec. 42.041(b)(14), as amended, and pursuant to the Town's home rule authority. b. Adoption. The Standards of Care, as set forth in Exhibit A, which is attached to this Ordinance are incorporated by reference for all purposes as if written word for word herein, and are hereby adopted by the Town Council as the Standards of Care for the Department, and other Town youth recreation programs. The Standards of Care are available for public inspection in the Office of the Town Secretary and in the Department's Office. c. Program administration. (1) The Town shall operate all youth recreation programs ("Youth Programs") in compliance with the Standards of Care. (2) The Department Director, or designee(collectively or individually referred to herein as the "Director"), shall administer the Youth Programs and ensure compliance with the Standards of Care. d. Program rules; monitoring. (1) The Director may adopt rules relating to the operation of the Youth Programs. A rule adopted by the Director may be more restrictive than the minimum standards adopted under the Standards of Care, after notice is provided to Youth Programs participants. (2) The Director shall monitor the Youth Programs to ensure compliance with the Standards of Care. (3) The State Department of Family and Protective Services will not regulate the Youth Programs nor be involved in any complaint investigation related to the Youth Programs, unless otherwise authorized or required by law, and this Ordinance serves as notice that Youth Programs operated by the Town are recreational in nature and are not licensed by the State, nor operated or advertised as child-care facilities or day care programs. ORDINANCE NO. 2025-04 PAGE 3 (4) Any parent, visitor, or staff may register a complaint by calling the Department's Office at 682-237-2900 during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday. e. Distribution of Standards of Care. (1) The Department shall post and make available copies of the Standards of Care in this Article or by rules adopted under this Article. (2) The Department shall inform parents or guardians of each participant that the Youth Programs are not licensed by the State and the Youth programs may not be advertised as child-care facilities. f. Recommendation for amendment or re-adoption. Each year the Director shall make recommendations to the Town Council regarding the adoption or amendment of the Standards of Care, in accordance with Texas Human Resources Code Sec. 42.041(b)(14), as amended. g. Request for exemption. The Mayor is authorized to take all necessary actions to ensure that the exemption from the State Department of Family and Protective Services for the Youth Programs is maintained." 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 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 ORDINANCE NO. 2025-04 PAGE 4 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• !on, ge Town Co�iI of the Town of Trophy Club, Texas this 13th day of January 20 of yy Wig/ t- 4.41fliV Je / i .n ayor ATTEST: v O‘ cp Tammy Dixon, Tow ecretary APPROVED AS • FORM: De. ''RAMMI173, ,n Attorney ORDINANCE NO. 2025-04 PAGE 5 EXHIBIT A Trophy Club Youth Programs Standards of Care TROPHY CLUB PARKS & RECREATION DEPARTMENT Standards of Care For Youth Programs TROPHY CLUB YOUTH PROGRAMS STANDARDS OF CARE The following Youth Programs Standards of Care (the "Standards of Care") have been adopted by the Town Council of the Town of Trophy Club, by ordinance, and 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, nor operated or advertised as child-care facilities or 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). 1. Definitions 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. Parent handbook. Booklet of camp policies, procedures, required forms, organizational, and programming materials relevant to the town's youth programs. Parent(s). A parent or guardian who has legal custody and authority to enroll a child in 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 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 program. 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. 2. General Information/Administration a. The governing body of the youth program is the town council. b. Implementation of the standards of care for youth programs is the responsibility of the director and department employees. c. The standards of care apply to all youth programs operated by the department including, but not limited to, the summer adventure camp. d. A current copy of the standards of care shall be made available for public view at town hall and the program site. e. Parents of participants will be provided access to a current copy of the standards of care through the town's website. f. 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: (1) A felony or misdemeanor classified as an offense against a person or family; (2) A felony or misdemeanor classified as public indecency; (3) A felony or misdemeanor violation of any law intended to control the possession or distribution of any controlled substance; (4) Any offense involving moral turpitude; or (5) Any offense that is deemed by the director to potentially put the town or youth program participants at risk. g. 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. 3. Inspection/Monitoring/Enforcement Standards of care established by the town will be monitored and enforced by the town departments responsible for their respective areas as identified below. a. Health and safety standards will be monitored and enforced by the town's police, fire, and code enforcement departments, as applicable. b. The recreation coordinator of sports and programs will make twice weekly visual inspections of the program. c. 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. 4. Enrollment Before a child may become a participant, a parent/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. 5. Suspected Abuse a. 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. b. State 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 $1,000.00 and/or confinement up to 180 days. Confidential reports may be made by calling 1-800-252-5400. 6. Staffing - Responsibilities and Training a. Recreation Superintendent and Recreation Coordinator. (1) 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 6. b. (2) The Recreation Superintendent and Recreation Coordinator must meet the minimum education/experience requirements for employment with the town to plan and implement recreation activities. (3) The Recreation Superintendent and Recreation Coordinator must be able to pass a background investigation including a test for illegal substances. (4) The Recreation Superintendent and Recreation Coordinator must have a current certification in first aid, Cardiopulmonary Resuscitation (CPR), and Automated External Defibrillator (AED). All certifications must be current during the operation of the program. (5) The Recreation Superintendent is responsible for managing and administering all aspects of the program operations in compliance with the adopted Standards of Care. (6) The Recreation Coordinator is responsible for providing administrative support for the programs' daily operations in compliance with the adopted Standards of Care. (7) The Recreation Superintendent is responsible for hiring, supervising, and evaluating recreation leaders and recreation aides. (8) The Recreation Superintendent is responsible for managing and overseeing the planning, implementation, and evaluation of the programs. (9) The Recreation Coordinator is responsible for assisting with the planning, implementing, and evaluating the programs. b. Youth Program Staff. (1) The program employees include recreation leaders and recreation aides. (2) Program employees may be full-time, part-time, or seasonal employees of the town. (3) 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. (4) Program employees should consistently exhibit competency, good judgment, and self-control when working with participants. (5) Program employees must treat participants with courtesy, respect, tolerance, and patience. (6) Program employees must have a current certification in first aid, Cardiopulmonary Resuscitation (CPR), and Automated External Defibrillator (AED). All certifications must be current during the operation of the program. (7) Program employees must pass a background investigation when applicable, including testing for illegal substances. (8) 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. (9) 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. (10) 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. c. Training and Orientation. (1) The department is responsible for providing training and orientation to program employees in working with children and for specific job responsibilities. (2) Program employees will be provided with a staff manual. (3) Program employees must be familiar with the standards of care as adopted by the town council. (4) Program employees must be familiar with the program policies including discipline, guidance, and release of participants as outlined in the staff manual. (5) Program employees will be trained with appropriate procedures to handle emergencies. (6) Program employees will be trained in areas including town departmental program policies, procedures, leading activities, and safety issues. (7) Program employees will be required to sign an acknowledgement that they have received the required training. 7. Operations a. Staff to Participant Ratio. (1) 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 site, the recreation coordinator of sports and programs will assign a replacement. (2) Program employees are responsible for being aware of the participants' habits, interests, and special needs as identified by the participants' parent(s)/guardian(s) during the registration process. b. Discipline. (1) Program employees will implement discipline and guidance in a consistent manner based on the best interest of program participants. (2) There will be no cruel treatment or harsh punishment of program participants. (3) Program employees may use brief, supervised separation from the group if necessary. (4) 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. (5) 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. (6) 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. c. Programming. (1) 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. (2) 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. (3) 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 (iii) Program employees must have first-aid supplies and emergency care available on field trips. d. Communication. (1) Each program site will have access to a telephone for use in contacting department staff or making emergency calls. (2) The Recreation Coordinator will make available all of the following telephone numbers to all employees at each site: (i) Emergency services. (ii) Trophy Club Police Department dispatch. (iii) Parks and Recreation Department. (iv) Poison control. (v) Numbers at which parent(s)/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. e. Transportation. (1) 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. (2) First-aid supplies will be available in all program vehicles that transport children. (3) All program vehicles used for transporting participants must have available a portable fire extinguisher and must be accessible to the adult occupants. (4) Seatbelts must be worn at all times when the vehicle is being operated and when provided. 8. Facility Standards a. Safety. (1) Program employees will inspect the program site daily to detect sanitation and 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. (2) Buildings, grounds, and equipment on the program site will be inspected, cleaned, repaired, and maintained to protect the health of the participants. (3) Program equipment and supplies should be safe for the participants' use. (4) 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. (5) Air conditioners, electric fans, and heaters must be mounted out of participants reach or have safeguards that keep participants from being injured. b. Fire. (1) In case of fire, danger, explosion or other emergency, the program employees'first priority is to evacuate the participants to a designated safe area. (2) Each program site must have at least one (1) fire extinguisher approved by the town's fire marshal readily available to all program employees. (3) All program employees will be trained in proper use of fire extinguishers as well as locations of fire extinguishers through the program site. c. Illness or Injury. (1) 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. (2) Illnesses or injuries will be handled in a manner to protect the health of all participants and employees. (3) Program employees will follow plans to provide emergency care for injured participants with symptoms of an acute illness as specified in the program manual. (4) 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. d. Medication. (1) Parent(s)/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. (2) Prescription medications must be in the original containers labeled with the participant's name, a date, directions, and the physician's name. The 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. (3) Nonprescription medications are labeled with the participant's name and the date the medication was brought to the program. Nonprescription 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. (4) Medications dispensed will be limited to those not requiring special knowledge or skills on the part of the program employees. (5) Program employees will ensure medications are inaccessible to participants. If necessary, medication will be kept in the refrigerator. e. Special Needs. (1) Every reasonable accommodation will be made to address special needs participants and participants with disabilities. (2) 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. f. Toilet Facilities. (1) The program site will have toilets located inside and equipped so participants can use them independently and program employees can monitor 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 must not exceed 50% of the total number of toilets. (3) An appropriate and adequate number of lavatories will be provided. g. Sanitation. (1) Program sites must have adequate light, ventilation, air conditioning, and heat. (2) 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. (3) Employees must ensure that garbage is removed from buildings daily.