Current through Reg. 49, No. 38; September 20, 2024
(a)
On-site director required. Each youth camp shall be under the on-site direction
of a qualified adult with at least two years of experience working with
children. The director shall be knowledgeable in camp administrative practices
and shall have at least one year of leadership experience with an organized
youth camp, school or other youth-serving organization, such as the Boy Scouts
of America or Young Men's Christian Association (YMCA).
(b) Adult supervisors. Each youth camp shall
have at least one adult supervisor who is responsible for the supervision of no
more than ten children in the camp. For any youth camp specialized activity,
the supervisor(s) shall be in the immediate vicinity (within sight and/or
hearing) of the campers. An "all camp" sedentary activity, not requiring
physical activity must have at least one adult supervisor to every 25 campers.
The camp director shall not be included in the supervisor to camper ratio in
camps serving over 50 campers at one time.
(c) Supervision of youth camp specialized
activity. Youth camp specialized activities shall be conducted by and under the
direct supervision of a qualified adult capable of implementing safety
standards established by the department or the camp who shall have either
documented training or at least two years documented experience in conducting
the activity.
(d) Written personnel
policies and practices. A camp shall have written personnel policies and
practices for both campers and staff. Supervisors shall be informed of these
policies and practices prior to assuming responsibility for campers.
(e) Staff member character and integrity
records. The camp management shall ascertain and have on record information,
such as a letter of reference, attesting to the character and integrity of each
staff member, and information, such as training certificates, attesting to the
ability of each staff member to perform the tasks required in his or her
position.
(f) Criminal conviction
and sex offender background check requirements. The camp management shall have
on file a record of any criminal conviction and a sex offender registration
check for all adult staff members and all adult volunteers working at the camp
before the staff member or volunteer has unsupervised contact with children at
the camp. A criminal background check and sex offender registration check must
be on file for any other adult that will have unsupervised contact with
campers, other than their own children. If the records are located off-site, a
letter from the national or regional headquarters of the camp organization
stating the names of individuals at the camp site for whom background checks
have been conducted, shall be available at the camp site. All records of
criminal convictions and written evaluations for a camp or camping organization
shall be made available to department personnel within two business days upon
request. Youth camps are responsible for ensuring that criminal and sex
offender background checks have been conducted for international staff obtained
through the J-1 visa process, and that documentation of these checks are
located with other staff background checks. Records of criminal convictions and
sex offender status shall be obtained by:
(1)
performing an annual criminal background check using a criminal history
database for each adult staff member's and each adult volunteer's permanent
residence. If the staff member or adult volunteer has a temporary or an
educational residence, an annual criminal background check shall include
searching under the permanent, temporary and educational address, as
applicable. The criminal history database used for the criminal background
check is to be based on the individual's residences, and may include state,
national or international databases. Documentation of the search results,
whether or not the results are positive, shall be maintained with the sex
offender background documentation; and
(2) performing an annual background check
using a sex offender registration database for each adult staff member's and
each adult volunteer's permanent residence and educational residence if
applicable, such as the TXDPS - Sex Offender Registry, which may be accessed at
Texas Department of Public Safety - Crime Records Service. Documentation of the
search results, whether or not the results are positive, shall be maintained
with the criminal background documentation.
(g) Persons whose presence at a youth camp
shall be precluded. Youth camps shall not employ paid or unpaid staff members
or volunteers at a youth camp, or permit any person to have unsupervised
contact with campers other than their own children, if the person has the
following types of criminal convictions or deferred adjudications: a
misdemeanor or felony under Texas Penal Code, Title 5 (Offenses Against the
Person) excluding a Class C misdemeanor under §22.01 (Assault), Title 6
(Offenses Against the Family), Chapter 29 (Robbery) of Title 7, Chapter 43
(Public Indecency) or §42.072 (Stalking) of Title 9, §15.031
(Criminal Solicitation of a Minor) of Title 4, §38.17 (Failure to Stop or
Report Aggravated Sexual Assault of Child) of Title 8, or any like offense
under the law of another state or under federal law.
(h) Persons whose presence at a youth camp
may be precluded.
(1) Youth camps may
preclude a person from being a paid or unpaid staff member or volunteer at a
youth camp, or may preclude a person from having unsupervised contact with
campers other than the person's own children, if the person has the following
types of criminal convictions or deferred adjudications:
(A) a Class C misdemeanor committed within
the past ten years under §22.01 (Assault) of Title 5 of the Texas Penal
Code, or any like offense under the law of another state or under federal law;
(B) a misdemeanor or felony
committed within the past ten years under §46.13 (Making a Firearm
Accessible to a Child) or Chapter 49 (Intoxication and Alcoholic Beverage
Offenses) of Title 10 of the Texas Penal Code, or any like offense under the
law of another state or under federal law; or
(C) any other felony under the Texas Penal
Code or any like offense under the law of another state or under federal law
that the person committed within the past ten years.
(2) Camp management shall have on file a
written evaluation by two or more camp executive staff for any staff member or
volunteer whose presence at the youth camp may be precluded under this
subsection showing that management has determined the person is suitable for a
position at the youth camp despite a criminal conviction or deferred
adjudication.
(i) Sexual
abuse and child molestation awareness training and examination program.
(1) A youth camp licensee may not employ or
accept the volunteer service of an individual for a position involving contact
with campers at a youth camp, or permit any person to have unsupervised contact
with campers, unless:
(A) the individual
submits to the licensee or the youth camp has on file documentation that
verifies the individual within the preceding two years has successfully
completed the training and examination program required by this subsection;
or
(B) the individual successfully
completes the youth camp's training and examination program approved by the
department during the individual's first workweek, and prior to any contact
with campers unless supervised during the first workweek by an adult who has
successfully completed the program.
(2) For purposes of this subsection, the term
"contact with campers" does not include visitors such as a guest speaker, an
entertainer, or a parent who visits for a limited purpose or a limited time if
the visitor has no direct and unsupervised contact with campers. A visitor may
have direct and unsupervised contact with a camper to whom the visitor is
related. A camp may require training and an examination for visitors if it
chooses.
(3) A youth camp licensee
shall retain in the person's personnel record a copy of the documentation
required or issued under paragraph (1)(A) and (B) of this subsection for each
employee or volunteer until the second anniversary of the examination
date.
(4) Prior to their use, the
department may approve training and examination programs offered by trainers
under contract with youth camps, by online training organizations, or programs
offered in another format, such as a videotape, authorized by the
department.
(5) A training and
examination program on sexual abuse and child molestation approved by the
department shall at a minimum include training and an examination on:
(A) the definitions and effects of sexual
abuse and child molestation;
(B)
the typical patterns of behavior and methods of operation of child molesters
and sex offenders that put children at risk;
(C) the warning signs and symptoms associated
with sexual abuse or child molestation, recognition of the signs and symptoms,
and the recommended methods of reporting suspected abuse;
(D) the recommended rules and procedures for
youth camps to implement to address, reduce, prevent, and report suspected
sexual abuse or child molestation;
(E) the need to minimize unsupervised
encounters between adults and minors; and
(F) the potential for consensual and
nonconsensual sexual activity between campers, steps to prevent sexual activity
between campers, and how to respond if sexual activity between campers
occurs.
(6) The training
program shall last for a minimum of one hour and discuss each of the topics
described in paragraph (5) of this subsection.
(7) The examination shall consist of a
minimum of 25 questions which shall cover each of the topics described in
paragraph (5) of this subsection.
(8) To successfully complete the training
program, each employee or volunteer shall achieve a score of 70% or more
correct on an individual examination. If the examination is taken on-line, the
employee or volunteer shall retain a certificate of completion indicating they
successfully completed the course.
(9) The department may assess a fee of $125
to each applicant to cover the costs of the department's initial review and
each follow-up review of a training and examination program.
(10) Applications and fees shall be mailed to
the Environmental and Sanitation Licensing Group, Department of State Health
Services, Mail Code 2003, P.O. Box 149347, Austin, Texas 78714-9347.
Applications may be obtained by calling the Environmental and Sanitation
Licensing Group at (512) 834-6600 or may be downloaded from
http://www.dshs.state.tx.us/youthcamp/default.shtm.
(11) The department, at least every five
years from the date of initial approval, shall review each training and
examination program approved by the department to ensure the program continues
to meet the criteria and guidelines established under this
subsection.
(j)
Supervised contact with campers.
(1) A person
supervising another person who is prohibited from having unsupervised contact
with campers:
(A) may include one or more paid
or unpaid members of camp staff or management; law enforcement officers;
security personnel; lifeguards or other responsible staff at any off-site
facility; or parents or other adults;
(B) must be charged with responsibility to
monitor, oversee, or supervise the person on behalf of the licensee or camp
management; and
(C) must have the
ability and means to summon competent assistance at all times while remaining
within sight and hearing distance of the supervised person.
(2) A person who is prohibited
from having unsupervised contact with campers must be supervised at all times
during which that person has or might have any contact with one or more
campers, whether intentional or unintentional, and whether part of scheduled
camp activities or not. The potential for contact with campers by a person is
presumed at all times during which one or more campers are present at the
facility at which the person is present unless there is an impassable barrier
between them.
(k) Records
retention. All applications, background check reports, training documentation,
and other required personnel documentation required by this subchapter shall be
maintained in hard copy or electronic format for a minimum of two years
following a person's last day of service. If the youth camp is notified of an
investigation or conviction of a camp staff member for an act of sexual abuse,
as defined by §
21.02 of the Texas Penal
Code, which occurred at the camp, the camp shall retain all records related to
the investigation or conviction until the department notifies the camp that the
record retention is no longer required.