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File #: Ord. 2024-10(b)    Version: 1 Name:
Type: Ordinance Status: Individual Consideration
File created: 3/8/2024 In control: City Council
On agenda: 3/19/2024 Final action:
Title: Consider approval of Ordinance 2024-10, on the second of two readings, adopting Youth Programs Standard of Care of 2024, providing a severability clause, providing for the repeal of any conflicting provisions; and declaring an effective date.
Attachments: 1. 2024 Standards of Care Ordinance - Final

AGENDA CAPTION:

Title

Consider approval of Ordinance 2024-10, on the second of two readings, adopting Youth Programs Standard of Care of 2024, providing a severability clause, providing for the repeal of any conflicting provisions; and declaring an effective date.

Body

Meeting date:  March 19, 2024

 

Department:  Parks and Recreation

 

Amount & Source of Funding
Funds Required:
  N/A                                          

Account Number:  N/A

Funds Available:  N/A

Account Name:  N/A

 

Fiscal Note:

City Council Strategic Initiative:  [Please select from the dropdown menu below]

Quality of Life & Sense of Place

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Comprehensive Plan Element (s): [Please select the Plan element(s) and Goal # from dropdown menu below]
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Core Services

Not Applicable

Master Plan
: [Please select the corresponding Master Plan from the dropdown menu below (if applicable)]
Youth Master Plan


Background Information:

The State of Texas Human Resources Code Chapter 42 exempts certain after-school and summer recreation programs from state licensing requirements as identified in Subsection 42.041(14) stating "an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body of the municipality annually adopts standards of care by ordinance after a public hearing for such programs, that such standards are provided to the parents of each program participant, and that the ordinances shall include, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards; and further provided that parents be informed that the program is not licensed by the state and the program may not be advertised as a child-care facility;"

 

The City of San Marcos Parks and Recreation Department offers elementary-age day camp programs for children ages 5-13. The Texas Legislature requires municipal day camp youth programs for these ages to meet day care licensing requirements or file for an exemption (Section 42.041 (b) (14) of the Human Resources Code). To receive exempt status, a municipality must submit a copy of program standards, a notice of a public hearing for the program and a copy of the ordinance adopting the standards.

 

Youth Programs Standards of Care will provide basic child care regulations for day camp activities operated by the San Marcos Parks and Recreation Department. This will allow the department to qualify as exempt from requirements of the Texas Human Resources Code.

 

The Standards of Care include:

                     Staff ratios

                     Minimum staff qualifications

                     Minimum facility, health, and safety standards

                     Mechanisms for monitoring and enforcing the adopted local standards

                     Provide notice to parents that the day camp program is not licensed by the state

*There are no changes to content from 2023 to the current document that is being presented.

City Council held a public hearing and approved the first reading of the Ordinance on March 5, 2024.

 

Council Committee, Board/Commission Action:
N/A

Alternatives:

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Recommendation: 

Approve the Youth Standards of Care Policy.