O-2008-3079 amend Ch 50;add new section 50-5 “Standards of Care for Recreational Programs and Camp Programs at City Facilities

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ORDINANCE NO. 2008 - ~o"1lf AN ORDINANCE AMENDING CHAPTER 50 "PARKS AND RECREATION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADDING NEW SECTION 50-5, "STANDARDS OF CARE FOR CITY OF LA PORTE PARKS & RECREATION DEPARTMENT RECREATIONAL PROGRAMS AND CAMP PROGRAMS AT CITY FACILITIES"; CONTAINING A SEVERABILITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE HEREOF; WHEREAS, the following Standards of Care are considered by the City Council of the City of La Porte for approval and adoption, for all Recreation Programs and Camp Programs conducted by the Parks & Recreation Department so as to comply with Senate Bill 212 as approved by the Texas Legislature during the 74th legislative session. Senate Bill 212 was passed by the Texas Legislature to counter a move made by the Texas Department of Protective and Regulatory Services to govern city-operated recreational programs, such as day camps and after school programs. Cities from around the state successfully proved that the purpose and composition of city-organized recreation programs are entirely different from those offered by child-care providers; and WHEREAS, these Standards of Care have been created in order to establish a framework for effective programs that provide a safe and fun environment for the City's youth. State licensing requirements and training programs are geared toward early childhood education and preschool aged children. City of La Porte Parks and Recreation Department after school and summer day camp programs are geared towards ages 6 years to 12 years, and for persons with special needs ages 4 years to adult. Without a minimum standard of qualifications, procedures and rules of conduct, a staff may be unprepared and insufficiently trained to properly care for children in city recreational programs. By adopting Standards of Care, the City of La Porte Parks and Recreation Department's Recreation Camp Programs will be self governed and can in turn create training programs that are age appropriate and recreational in nature; and WHEREAS, these Standards of Care allow for an increased emphasis on safety training such as CPR, First Aid, and AED. Employees will be held to a much higher safety standard under the new Standards of Care. The new training guidelines will allow our staff to be oriented in a more appropriate manner that is beneficial to our programs and their stability; and WHEREAS, by adopting this Standards of Care Ordinance, the City of La Porte will be exempt from all state child-care licensing requirements. Section 42.041 (b) (14), Human Resources Code, as amended by Senate Bi11212, reads as follows: An elementary-age (ages 5-13) recreation program operated by 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 Page 1 of 12