Section 42.041(b)(14) of the Texas Human Resources Code stipulates that a state license is not required for an elementary-age (ages 5-13) recreation program operated by a municipality provided the governing body annually adopts standards of care by ordinance and holds a public hearing.

State law also requires that the standards of care be provided to the parents of each program participant, and the ordinances includes, at a minimum, staffing ratios, minimum staff qualifications, minimum facility, health, and safety standards, and mechanisms for monitoring and enforcing the adopted local standards.

Furthermore, state law requires 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 purpose is to clearly delineate that the City is providing a youth “program” with a recreational purpose and not operating a “child care facility.” As a youth program, the City will be required to apply for an exemption from the Texas Department of Family and Protective Services which regulates child-care facilities.

The “Standards of Care” being submitted for City Council approval are consistent with past practices and policies. Every parent of the Summer Day Camp Program will be provided with a copy of the document.

The Parks and Recreation Department is requesting that the City Council hold a public hearing and consider adoption of Ordinance No. 2130 establishing Standards of Care for the City of Sugar Land Youth Programs. Except for the notice required by the Open Meetings Act, there is no other notice required for the Public Hearing associated with this item. Pending approval on second reading, the City will apply for an exemption from the Texas Department of Family and Protective Services.