(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;
Cont'd... |