12 Colo. Code Regs. § 2509-8-7.720
Current through Register Vol. 47, No. 11, June 10, 2024
Section 12 CCR 2509-8-7.720 - RULES REGULATING NEIGHBORHOOD YOUTH ORGANIZATIONSAll Neighborhood Youth Organizations shall comply with the "General Rules for Child Care Facilities".
7.720.1DEFINITIONS [Eff. 4/1/11]"Employee" means a paid employee of a neighborhood youth organization who is of eighteen years of age or older.
"Neighborhood Youth Organization" means a nonprofit organization that is designed to serve youth as young as six years of age and as old as eighteen years of age and that operates primarily during times of the day when school is not in session and provides research-based, age-appropriate, and character-building activities designed exclusively for the development of youth from six to eighteen years of age.
A. These activities shall occur primarily in a facility leased or owned by the neighborhood youth organization. The activities shall occur in an environment in which youth have written parental or legal guardian consent to become a youth member of the Neighborhood Youth Organization and to arrive at and depart from the primary location of the activity on their own accord, without supervision by a parent, legal guardian, or organization.B. A Neighborhood Youth Organization shall not include faith-based centers, organizations or programs operated by state or city parks or special districts, or departments or facilities that are currently licensed as child care centers as defined in Section 7.702, et seq. (12 CCR 2509-8). "Volunteer" means a person who volunteers his or her assistance to a neighborhood youth organization and who is eighteen years of age or older.
"Youth member" means a youth who is six years of age through eighteen years of age whose parent or legal guardian has provided written consent for the youth to participate in the activities of a Neighborhood Youth Organization and who pays a nominal fee for said membership.
7.720.2OPERATION OF A NEIGHBORHOOD YOUTH ORGANIZATION [Eff. 4/1/11]A. The Neighborhood Youth Organization 's shall post its policies and procedures in bold print and in plain view, and shall make a written copy available to parents and guardians, which shall include the following:1. The address of the licensed Neighborhood Youth Organization, general hours of operation, and policy regarding closure of the Neighborhood Youth Organization.2. The Neighborhood Youth Organization's mission statement.3. The ages of youth accepted.4. The procedure concerning membership requirements that at a minimum include: name, date of birth, parent/guardian contact information, emergency contact information, and written authorization to attend.5. The procedures for:a. Arrival and departure from the Neighborhood Youth Organization;b. Notification of parents and guardians, for handling emergencies;c. Youth's personal belongings and money;d. Filing a complaint against the Neighborhood Youth Organization; and,e. Background checks and other criminal history checks of employees and volunteers.6. The policies on: d. The reporting of child abuse (see Section 7.701.53 of the General Rules for Child Care Facilities).7. If services are offered for special needs youth that the Neighborhood Youth Organization operates in compliance with Section 7.701.14, Civil Rights.8. An itemized fee schedule.9. The role of the governing board.B. The fee for obtaining a Neighborhood Youth Organization License is located in the General Rules at Section 7.701.4.7.720.3COMMUNICATION, EMERGENCY AND SECURITY PROCEDURES [Eff. 4/1/11]Each Neighborhood Youth Organization is required to have a written mission statement. This statement shall be kept on file, updated periodically, and made known to staff and to parents and guardians, and shall be available during the licensing inspection.
A. During the hours the Neighborhood Youth Organization is in operation, the Neighborhood Youth Organization shall provide an office and/or monitored telephone number known to the public and available to parents in order to provide immediate access to the Neighborhood Youth Organization.B. There shall be a land line telephone at the primary facility.C. The Neighborhood Youth Organization shall have an established means of communication between staff and the program office when youth are being transported or are away from the permanent site on a field trip.D. Emergency telephone numbers shall be posted at each permanent site and taken on all field trips and during mobile Neighborhood Youth Organization programs. The emergency numbers shall include, at a minimum, emergency 911, or rescue unit telephone number if 911 is not available; phone numbers are also required for the clinic or hospital nearest to the activity location; ambulance service; local fire, police, and health departments; and, Rocky Mountain Poison Control.E. The Neighborhood Youth Organization shall have a written emergency procedure that explains at a minimum, how youth will be evacuated to a safe area in case of fire or other disaster and the reporting of reportable communicable illnesses to the local health department pursuant to regulations of the Colorado Department of Public Health and Environment.F. The Neighborhood Youth Organization shall be able to provide emergency transportation to a health care facility at all times either via program vehicle or the emergency medical services system.G. The director of the Neighborhood Youth Organization or the director's delegated substitute shall have a means for determining at all times who is present at the Neighborhood Youth Organization.H. A written policy regarding visitors to the Neighborhood Youth Organization shall be posted and a record maintained daily by the Neighborhood Youth Organization that includes, at a minimum, the visitor's name and address and the purpose of the visit.7.720.4PERSONNEL POLICIES, ORIENTATION, AND STAFF DEVELOPMENT [Eff. 4/1/11]The duties and responsibilities of each staff position and the lines of authority and responsibility within the Neighborhood Youth Organization shall be in writing.
A. At the time of employment, staff members shall be informed of their duties and assigned a supervisor.B. Prior to working with youth, the staff member shall read and be instructed about the policies and procedures of the Neighborhood Youth Organization, including those relating to proper supervision of youth and reporting of child abuse. Staff members shall sign a statement indicating that they have read and understand the Neighborhood Youth Organization's policies and procedures.C. All full time staff shall be required to receive CPR and First Aid certification within the first sixty (60) calendar days of employment at their own expense or as arranged by the Neighborhood Youth Organization.D. All staff shall complete training in universal precautions within the first three (3) months of employment at their own expense or as arranged by the Neighborhood Youth Organization.7.720.41General Requirements for All Personnel [Rev. eff. 6/1/12]A. All personnel of the Neighborhood Youth Organization shall demonstrate an interest in and knowledge of youth development and concern for youths' well-being.B. All personnel shall be free from communicable disease and conduct that would endanger the health, safety, or well-being of youth. Each staff member shall furnish the Neighborhood Youth Organization with information concerning communicable health problems that could affect the staff member's ability to perform the duties of the job assigned.C. A child abuse and neglect and a criminal record check request for all staff shall be completed and on file at the Neighborhood Youth Organization's administrative headquarters pursuant to General Rules sections 7.701.32 and 7.701.33.7.720.42Volunteers and Visitors [Eff. 4/1/11]If volunteers are used by the Neighborhood Youth Organization, there shall be a clearly established policy in regard to their function, orientation, training and supervision.
A. Volunteers shall have qualifications suitable to the tasks assigned.B. Individuals who volunteer less than five days a month shall be: 1. Directly supervised by a program director or program leader.2. Given instruction as to the Neighborhood Youth Organization's policies and procedures.C. Individuals who volunteer more than five days a month shall be: 1. Appropriately trained for the position; and,2. Have the same background check as staff pursuant to Section 7.720.41, D; and,3. Section 7.701.33, D, 5 or 6, shall be referenced to determine whether a conviction requires that the individual not be allowed to volunteer or the conviction requires reporting to the Division of Child Care.D. Visitors and youth members shall always be supervised by a staff member.7.720.5NEIGHBORHOOD YOUTH ORGANIZATION SERVICES7.720.51Admission Procedure [Eff. 4/1/11]A. Prior to admission, the parent(s)' or legal guardian's signed authorization for the youth member to arrive or depart without parental or legal guardian supervision shall be obtained.B. The Neighborhood Youth Organization can accept youth only of the ages for which it has been licensed. At no time shall the number of youth in attendance exceed the number for which the Neighborhood Youth Organization has been certified by the fire department.C. Admission and membership procedures shall be completed prior to the youth's attendance at the Neighborhood Youth Organization and shall include completion of the registration information for inclusion in the youth's record, as required in Section 7.720.81.7.720.52Guidance and Discipline [Eff. 4/1/11]A. Corporal or other harsh punishment including, but not limited to, pinching, shaking, spanking, punching, biting, kicking, rough handling, hair pulling, or any humiliating or frightening method of guidance shall not be allowed.B. Separation or time-out, when used as guidance or discipline, shall be brief and appropriate for the youth's age and circumstances. The youth shall be in a safe, lighted, well-ventilated area and be within hearing and vision of a staff member. The youth shall not be isolated in a locked room, bathroom, closet, or pantry.C. Verbal abuse and derogatory remarks about the youth are not permitted.D. Authority to provide guidance and/or discipline shall not be delegated to other youth.E. Youth shall not be denied food or water as a form of guidance or discipline.7.720.53Records and Reporting [Eff. 4/1/11]Each Neighborhood Youth Organization shall develop:
A. A system of gathering, recording, and responding to complaints; and,B. A method and a training for employees on reporting known or suspected child abuse; and,C. A method of record keeping for staff, volunteer, visitor, youth member and other program files.7.720.54Transportation [Eff. 4/1/11]A. Transportation Provided by the Neighborhood Youth Organization 1. The Neighborhood Youth Organization is responsible for any youth it transports and shall abide by applicable State and Federal motor vehicle laws.2. The Neighborhood Youth Organization shall obtain written permission from parents or guardians for any transportation of their youth.3. Youth shall not be permitted to ride in the front seat of a vehicle unless they are secured in a constraint system that conforms to all applicable Federal Motor Vehicle Safety Standards based on the youth's weight and size.4. Youth shall be loaded and unloaded out of the path of moving vehicles.5. Youth shall remain seated while the vehicle is in motion. Youth shall not be permitted to stand or sit on the floor of a moving vehicle and their arms, legs, and heads shall remain inside the vehicle at all times.6. Prior to a field trip or other excursion, the Neighborhood Youth Organization shall obtain information on liability insurance from parents and staff who transport youth in their own cars and verify that all drivers have valid driver's licenses.B. Requirements for Vehicles 1. Any vehicle used for transporting youth to and from the Neighborhood Youth Organization or during program activities shall meet the following requirements: a. The vehicle shall be enclosed and have working door locks.b. The seats of the vehicle shall be constructed and installed according to the vehicle manufacturer's specifications.c. The vehicle shall be kept in satisfactory condition to assure the safety of occupants. Vehicle tires, brakes, and lights shall meet safety standards set by the Colorado Department of Revenue, Motor Vehicle Division.d. Seating shall be comfortable, with a seat of at least ten (10) inches wide for each youth.2. In passenger vehicles, which include automobiles, station wagons and vans with a manufacturer's established capacity of sixteen (16) or fewer passengers and less than 10,000 pounds, the following is required:a. Each youth shall be restrained in an individual seat belt.b. Two or more youth shall never be restrained in one seat belt.c. Lap belts shall be secured low and tight across the upper thighs and under the belly.d. Youth shall be instructed and required to keep the seat belt properly fastened and adjusted.3. In vehicles with a manufacturer's established capacity of sixteen (16) or more passengers, seat belts for passengers are not required, but shall be used if provided.4. There shall be a First-Aid kit in all vehicles.C. Requirements for Drivers of Vehicles1. All drivers of vehicles transporting youth shall comply with applicable laws of the Colorado Department of Revenue, Motor Vehicle Division, and ordinances of the municipality in which the youth care program is operated.2. All drivers of vehicles owned or leased by the Neighborhood Youth Organization in which youth are transported shall have a current Department-approved First Aid and safety certificate that includes CPR for all ages of youth.3. The driver shall ensure that all doors are secured at all times when the vehicle is moving.4. The driver shall periodically check that each youth is properly belted throughout the trip.7.720.6PROGRAM ACTIVITIES7.720.61Field Trips [Eff. 4/1/11]A. The program may include field trips, where youth and staff leave the Neighborhood Youth Organization to visit sites in the community. 1. Youth shall be actively supervised at all times.2. An accurate itinerary shall remain at the headquarters, office, primary or temporary site of the Neighborhood Youth Organization.3. During a field trip, the staff shall have the following information with them: a. Each youth's emergency contact information; and,b. The written authorization from parent(s) or guardian(s) for emergency medical care.B. During a field trip, a list of all youth and staff on the field trip shall be kept at the headquarters or site of the Neighborhood Youth Organization.C. During all field trips, staff shall bring a First Aid kit.D. During all field trips, youth members shall have access to water and toilet facilities.E. During all field trips, staff shall carry with them information regarding the nearest health care facility.F. Field trip locations shall be accessible to emergency medical service.7.720.7BUILDING AND FACILITIES7.720.71Facility Requirements [Eff. 4/1/11]Each Neighborhood Youth Organization shall maintain and post the appropriate fire and health inspection certificates.
7.720.72Food [Eff. 4/1/11]A. Areas used for food preparation, dish and utensil washing, and storage shall be in compliance with the requirements of the Colorado Department of Public Health and Environment or its local unit.B. Youth member dietary allergy information gathered during youth member admission shall be referenced when preparing food for any and all youth members.7.720.73Fire and Other Safety Requirements [Rev. eff. 6/1/12]A. General Requirements 1. Buildings shall be kept in good repair and maintained in a safe condition.2. Major cleaning involving the use of household or industrial cleaners is prohibited in rooms presently occupied by youth.3. Volatile substances such as gasoline, kerosene, fuel oil, and oil-based paints, firearms, explosives and other hazardous items shall be stored away from the area used for youth care and be inaccessible to youth.4. Combustibles such as cleaning rags, mops, and cleaning compounds shall be stored in well-ventilated areas separated from flammable materials and stored in areas inaccessible to youth.5. Closets, attic, basement, cellar, furnace room, and exit routes shall be kept free from accumulation of extraneous materials that could cause or fuel a fire or hinder an escape or evacuation.6. All heating units, whether gas or electric, shall be installed and maintained with safety devices to prevent fire, explosions, and other hazards. No open-flame gas or oil stoves, unscreened fireplaces, hot plates, or unvented heaters may be used for heating purposes. All heating elements, including hot water pipes, shall be insulated or installed in such a way that youth cannot come into contact with them. Nothing flammable or combustible may be stored within three (3) feet of a hot water heater or furnace.7. Indoor and outdoor equipment, materials, and furnishings shall be sturdy, safe and free of hazards.8. Equipment, materials, and furnishings, including durable furniture such as tables and chairs, shall be stored in a manner that is safe for youth.9. Extension cords cannot be used in place of permanent wiring.10. Corridors, halls, stairs, and porches shall be adequately lighted. Operable battery-powered or solar lights shall be provided in locations readily accessible to staff in the event of electric power failure.B. Fire Safety A fire safety certificate shall be on file for each Neighborhood Youth Organization or at a central location.
C. Emergency Drills 1. Each staff member and volunteer of the Neighborhood Youth Organization shall be trained in fire safety.2. Fire exit drills shall be held often enough that all occupants are familiar with the drill procedure and their conduct during a drill is a matter of established routine. Fire drills shall be consistent with local fire department procedures. A record of fire drills held over the past twelve (12) months, including date and time of drill, number of adults and youth participating, and the amount of time taken to evacuate, shall be maintained at the Neighborhood Youth Organization site.3. Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions of an actual fire.4. Drills shall emphasize orderly evacuation under proper discipline rather than speed. No running or horseplay should be permitted.5. Drills shall include suitable procedures for ensuring that all persons in the building or all persons subject to the drill participate.6. Fire alarm equipment shall be used regularly in the conduct of fire exit drills.7. Tornado and emergency evacuation and lock down drills shall be held often enough that all occupants are familiar with the drill procedure and their conduct during a drill is a matter of established routine. A record of these drills held over the past twelve (12) months shall be maintained at the Neighborhood Youth Organization site.7.720.8RECORDS AND REPORTS7.720.81Youth Records [Eff. 4/1/11]The central administrative facility or Neighborhood Youth Organization site shall maintain and update annually a record on each youth that includes:
A. The youth's full name, age, current address, date of birth, and membership.B. Names, addresses, and telephone numbers, which may include cell phone number(s), pagers, fax, and e-mail of parents or legal guardians.C. Any special instructions as to how the parents or guardians can be reached during the hours the youth is at the Neighborhood Youth Organization.D. Names, addresses, and telephone numbers of persons who can assume responsibility for the youth in the event of an emergency if parents or guardians cannot be reached immediately.E. A dated written authorization by a parent or legal guardian for:1. The youth member to attend and be a member of the Neighborhood Youth Organization and to arrive and depart with parental or legal guardian supervision.2. Emergency medical care signed and submitted annually by the parent or guardian.3. The youth to participate in field trips and to participate in program activities, listing any possible exclusions.F. Reports of critical incidents including, but not limited to, serious injuries and accidents occurring during care that result in medical attention, admission to the hospital, or death of a youth.G. Information regarding food borne allergies shall be obtained from all youth members and shall be referenced when preparing or serving food to youth members to prevent allergic reactions.7.720.82Staff Records [Eff. 4/1/11]A. The Neighborhood Youth Organization shall maintain a record for each adult staff member, paid or volunteer, that includes the following:1. Name, address, and birth date of the individual.2. The date that the staff member was employed by the Neighborhood Youth Organization.3. Name, address, and daytime telephone number, which may include cell phone numbers, pager numbers, fax numbers and e-mail address, of the person(s) to be notified in the event of an emergency.4. Record and verification of the staff member's training, education, and experience.5. Copies of First-Aid and CPR certification or other certification confirming the qualifications for the responsibilities assumed at the Neighborhood Youth Organization, which may include copies of driver's licenses, college transcripts, and diplomas.6. Verification that a criminal record check has been performed and updated every two years with the Colorado Bureau of Investigation is in process, and a copy of the results of the staff member's criminal record check.7. Verification that a review of the State Department's automated system for reporting youth abuse and neglect has occurred or is in process.B. Each staff member's personnel file shall contain all required information within thirty (30) calendar days of the first day of employment.7.720.83Administrative Records and Reports [Eff. 4/1/11]A. The following records shall be on file at the Neighborhood Youth Organization: 1. Records of enrollment, daily attendance for each youth, and daily record of time each youth arrives at and departs from the Neighborhood Youth Organization.2. Current Colorado Department of Public Health and Environment or local health department inspection report within the past twenty-four (24) months.3. Current local fire department inspection report issued within the past twenty-four (24) months.4. A list of current staff members, available on site or on file at a central location.B. A report about a critical incident shall include:1. The youth's name, birth date, address, and telephone number.2. The names of all involved and witnesses to the incident, the youth's parents or guardians, and their address and telephone number(s) if different from those of the youth.4. Brief description of the incident.5. Documentation of action taken and/or the name and address of the police department or authority if a report was made.C. Each Neighborhood Youth Organization shall have a written plan for action in case of natural disaster including, but not limited to, floods, tornadoes, severe weather, and injuries. This plan shall be on file at the Neighborhood Youth Organization. The staff shall have received training regarding the implementation of the plan prior to assuming supervisory responsibility for youth. Written verification of the training shall be in the staff member's personnel file.7.720.84Confidentiality, Records Retention, and Cooperation with Local Investigations [Eff. 4/1/11]A. The Neighborhood Youth Organization shall maintain complete records of youth and personnel.B. The confidentiality of all personnel and youth's records shall be maintained, pursuant to Section 7.701.6 , "Confidentiality of Records".C. Personnel and youth's records shall be available, upon request, to authorized personnel of the State Department, pursuant to Section 19-1-307(2) (j.7), C.R.S.D. If records for a headquarters servicing more than one Neighborhood Youth Organization are kept in a central file, duplicate identifying and emergency information for both staff and youth must also be kept on file at the Neighborhood Youth Organization attended by the youth and where the staff member is assigned.E. The records of youth and personnel shall be maintained by the Neighborhood Youth Organization or Neighborhood Youth Organization central headquarters for at least three (3) years.F. Neighborhood Youth Organizations shall cooperate with all state and local investigations regarding incidents including but not limited to licensing violations, child abuse, and incidents affecting the health, safety, and welfare of youth members.37 CR 13, July 10, 2014, effective 8/1/201438 CR 04, February 25, 2015, effective 4/1/201538 CR 17, September 10, 2015, effective 10/1/201538 CR 19, October 10, 2015, effective 11/1/201538 CR 23, December 10, 2015, effective 1/1/201639 CR 01, January 10, 2016, effective 2/1/201639 CR 17, September 10, 2016, effective 10/1/201640 CR 05, March 10, 2017, effective 4/1/201740 CR 17, September 10, 2017, effective 10/1/201741 CR 01, January 10, 2018, effective 2/1/201841 CR 03, February 10, 2018, effective 3/2/201841 CR 05, March 10, 2018, effective 4/1/201841 CR 17, September 10, 2018, effective 9/30/201840 CR 23, December 10, 2017, effective 12/30/201841 CR 23, December 10, 2018, effective 1/1/201942 CR 01, January 10, 2019, effective 2/1/201942 CR 03, February 10, 2019, effective 3/15/201942 CR 09, May 10, 2019, effective 6/1/201943 CR 01, January 10, 2020, effective 1/30/202043 CR 15, August 10, 2020, effective 9/1/202043 CR 17, September 10, 2020, effective 9/30/202044 CR 01, January 10, 2021, effective 1/30/202144 CR 05, March 10, 2021, effective 4/1/202144 CR 11, June 10, 2021, effective 6/30/202144 CR 17, September 10, 2021, effective 10/1/202144 CR 21, November 10, 2021, effective 12/1/202145 CR 15, August 10, 2022, effective 7/8/202245 CR 17, September 10, 2022, effective 9/30/202246 CR 03, February 10, 2022, effective 3/2/202346 CR 05, March 10, 2023, effective 4/1/202346 CR 07, April 10, 2023, effective 6/1/2023