Youth Camp Season Is Around the Corner — Know Your Obligations

With summer approaching, cities preparing to operate youth day camps should take time now to ensure they are meeting all requirements under Kentucky law. A quick review today can help prevent serious issues once camp season begins.

Day Camp Definition

Under KRS 194A.380(3), a local government youth day camp is a program that is: operated by a local government; for all or part of a day, whether free or for a fee; for five or more children under 18; outside the presence of a parent or guardian; for recreational or educational purposes; for four or more consecutive hours per day; and held during school vacation periods, breaks, or cancellations.

If your camp meets all of these criteria, here's what you need to have in place before workers or volunteers set foot at camp:

Background Check Requirements (KRS 194A.382)

For every employee, contractor, self-employed worker, volunteer, and intern whose role directly involves the supervisory or disciplinary power over a minor, you must obtain:

• National and state criminal background checks through the Justice and Public Safety Cabinet, completed prior to the individual's presence at camp; and

• A clearance letter from the Cabinet for Health and Family Services confirming no substantiated findings of child abuse or neglect.

Cities must retain these documents along with each worker's application. Be aware that criminal records and abuse/neglect records have open records implications. Call KLC if you have questions about what must be released in response to a public records request.

Required Signage

Each camp location must post the following notice:

"State law requires a national and state criminal background check and a letter from the Cabinet for Health and Family Services stating the staff member is clear to hire based on no findings of substantiated child abuse or neglect found through a background check of child abuse and neglect records as a condition of employment or involvement in this program."

Prohibited Staff (KRS 194A.382(1))

No city youth day camp may employ, contract, or use as a volunteer any individual who has been convicted of or pleaded guilty to a criminal offense against a minor or a sex crime, who is a violent offender, or who has been found by the Cabinet for Health and Family Services or a court to have abused or neglected a child.

Penalties (KRS 194A.383(3))

Knowingly allowing a prohibited individual to serve at a camp that receives public funds is a Class A misdemeanor for a first offense and a Class D felony for each subsequent offense.

Licensing and Permit Relief

Local government youth day camps are not required to be licensed as childcare centers under KRS 199.894 or to obtain a health department permit under KRS 211.180.

Now is the time to confirm that your policies and procedures are in place and up to date. For questions or assistance, contact the Kentucky League of Cities Municipal Law Department at 800.876.4552.