Frequently Asked Questions (FAQs)
What
activities are considered Youth Camp Specialized Activities that qualify my
program for a license?
In rule, §265.11 (26), there are five defined types of youth camp specialized activities,
in an outdoor setting, that require an adult trained specialist to oversee at
all times:
□ Swimming □ Kayaking
□ Canoeing □ Boating □ Snorkeling □ Scuba Diving
□ Archery range □ Archery Tag □ Axe / knife / spear target throwing
- Horseback Riding Program
- Challenge Courses
□ Zip Lines □ High/Low Ropes □ Wall Climbing Rock Climbing Wall
□ BB Guns □ Paintball
□ Rifle range
Other activities may be considered on a case by case basis. To
determine whether an “other” activity, not explicitly on our list, would be a
qualifying activity, we will consider the following: Does the activity pose an
elevated risk of injury, necessitate additional liability insurance, and
require constant trained adult supervision and safety equipment?
I
operate a licensed Youth Camp that hosts various youth groups and church groups
who utilize my facility. What are the requirements for licensed youth camps who
host groups in regards to background checks, and approved sexual abuse and
child molestation awareness trainings? Who is responsible to make sure theses
checks and trainings have been completed?
The rules only speak to requirements of the license holder. A “rental type facility”, that holds a Youth
Camp license and hosts various groups, shall comply with all Youth Camp rules
and is responsible, as the licensee, to address any and all violations noted
upon inspection.
If a license holder is a “rental facility” it must develop it’s own
policies and procedures to ensure all annual criminal background/ sex offender
checks and approved youth protection trainings are completed for all those
individuals operating under their Youth Camp license.
Adult
participants onsite at the same time as youth, do they all have to be
background checked? If they are a paying “guest” or “camper” are they
considered/treated differently than if they are staff or somehow chaperoning or
supervising campers?
Current rule language (below) clarifies criminal background
check requirements for all adults,
if they have unsupervised contact with campers, other than their own
children. Anyone, including: counselors, group leaders, junior counselors
having unsupervised contact with campers, other than their own children must
complete an approved youth protection training.
Rule §265.12(f)
clarifies the requirement of an annual criminal background check and sex offender
registration check for all adults
who have unsupervised contact with campers, other than their own children.
Rule §265.12(i)(1)
removes an outdated effective date and clarifies that anyone who will have unsupervised contact with campers, other than
their own children must complete an approved sexual abuse and child
molestation awareness training and examination program.
Per 265.12(i)(2) "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.
Definition
of “abuse” – can we get a clear and comprehensive definition of this to help
guide what is required to be reported, and how we train on reporting and abuse
prevention?
Abuse definition, by rule, found
here at link to Family Code 261 Investigation of Report of Child Abuse or Neglect .
“Reporting and Abuse Prevention” topic is covered for your staff
when they complete an approved youth
protection training, it is a required element of those trainings.
More guidance and documents here: https://www.dshs.texas.gov/youthcamp/report-abuse.aspx
For
supervised activities such as youth camp specialized activities – what
constitutes an “adult” if “adult supervision” is required? Over age 18? What
about 16-year-old lifeguards, etc.?
An adult by Texas law is someone 18 years of age or older. In
regards to minors as lifeguards they may serve as lifeguarding staff only. You must have at a minimum one adult lifeguard or the adult waterfont director present and
supervising any waterfront activity.
Where
on the website does the link to DSHS have to be? Can it be on a page of useful
links, or does it have to be prominent on the main home page?
HB 4372 states the Youth Camp weblink must be “clearly marked” only, and gives no guidance to where on the camp’s
website this link shall be posted.
So any page on your website would be acceptable, as long as the link
is clearly marked.
Why
is a ring buoy required? American Red Cross no longer trains on it, why is it
still in the rules?
Ring buoy is required since a Youth Camp pool is, by rule, a public
pool and must comply with all pool rules: Chapter 265, Subchapter L - Standards for Public Pools and
Spas
Can
my staff nurse or paramedic fulfill the requirement of an on-call physician?
No, per rule §265.15. Medical and Nursing Care (a) Record of an on-call physician
required. Documentation shall be kept on file of a physician licensed to practice
in Texas who is available to be on call at all times to advise health
service personnel on all first aid and nursing services provided by the camp.
Options to naming a single physician as your point of contact would
be to obtain an agreement with a medical facility (hospital, clinic,
physician’s group, free-standing Emergency Room, etc.) that can ensure a
physician will be available to take call anytime your camp is operating.
Who
can serve as my program’s Camp Health Officer?
In regards to qualifications for a camp health officer at a licensed
Youth Camp in Texas there are two categories by rule 265.15 (c) Medical
staffing requirements.
For a camp with a greater than 20 minute EMS response time. A
physician, registered nurse, licensed vocational nurse, or a person with an
American Red Cross Emergency Response certificate, or its equivalent (EMT), shall be in the camp and on call at all times, and will be considered the
Camp Health Officer.
For a camp within a 20 minute EMS response time, the
next paragraph (below) of the rule states a person certified in
American Red Cross Community First Aid and Safety could be the Camp Health
Officer.
For camps having documented evidence, such
as a letter from the local emergency medical services (EMS), that the camp is
located within a 20-minute community EMS response time, a person certified in
American Red Cross Community First Aid and Safety, or its equivalent, shall be
in the camp and on call at all times, and will be considered the Camp Health
Officer. Your camp health officer should hold CPR, AED, and basic First-Aid
certifications to be considered an “equivalent”
to American Red Cross Community First Aid and Safety.
Where
can I find more information on archery or shooting ranges for Youth Camps?
Both archery and shooting ranges have similar requirements for adult
trained staff under §265.12 Directors, Supervisors and Staff, which requires an
adult trained specialist who has documented training or at least two years
documented experience in conducting the activity.
§265.17. Program Safety and Equipment
(a) Firearm or pellet gun programs at youth camps. A firearm or
pellet gun
program shall be conducted
on a range that meets or exceeds the
specifications outlined by
the National Rifle Association or its equivalent.
Safety procedures shall be
enforced whenever the range is in use. The range
shall be conspicuously
marked and configured to prevent entry of campers
onto the range while it is
in use. (PDF)
(b) Archery program at youth
camps. An archery program shall be
conducted on a range that
meets or exceeds the specifications outlined by
the National Field Archery
Association or its equivalent. The archery range
shall be conspicuously
marked and configured to prevent entry of campers
onto the range while it is
in use. (PDF)
(c) Program equipment
condition and use. Equipment used in all programs
shall be kept in good
condition and present no hazard as a result of poor
condition to the user at any
time.
(d) Storage of firearms,
pellet guns, and archery equipment when not in
use. Firearms, pellet guns,
ammunition, and archery equipment shall be kept
in a secured area when not
in use.
What
are the requirements for a medical log, can I use a three ring binder?
Yes, a three ring binder, spiral notebook, composition book may be
used as long as the pages are pre-printed and numbered and it records the
required information listed below in rule.
Current rule language (below) has eliminated the term “bound
medical log required” for clarity and replaced with term “medical log required”.
§265.12 (h) Medical log required. A bound medical log, or other unalterable
record keeping system, listing date, name of the patient, ailment, name of the
Camp Health Officer, and the treatment prescribed shall be kept in the first
aid area for the duration of the camp year for which the license is issued.
Guidance
Publications