| (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.
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| Source Note: The provisions of this §265.12 adopted to be effective April 16, 2006, 31 TexReg 3054; amended to be effective May 16, 2010, 35 TexReg 3815; amended to be effective March 13, 2014, 39 TexReg 1713; amended to be effective February 25, 2019, 44 TexReg 862; amended to be effective June 25, 2020, 45 TexReg 4202 |
