April, 2008
Harvard Summer Camp Legal and Compliance Issues
Harvard University schools and units wishing to run summer camps for children should be aware that there are extensive state laws that regulate recreational and day camps. Summer camps that will be held in Cambridge also must be licensed by the City of Cambridge, Department of Public Health. Finally, all Harvard camps must adhere to internal Harvard policies. This memorandum outlines the basic issues involved with setting up a camp, summarizes the basic legal requirements, and provides sample forms and procedures. Compliance with these requirements is the responsibility of the school or unit. Please note that this memorandum does not address sports camps run by Harvard-employed athletic coaches, which operate independently from the University.
Overview and General Questions
Massachusetts State Law
The operational requirements for recreational camps—including day camps—are set forth in the Department of Public Health’s (State Sanitary Code, Chapter IV) “Minimum Sanitation and Safety Standards for Recreational Camps for Children” at 105 CMR 430.000 (the “DPH Regulations”). For a complete list of the DPH Regulations, see http://www.mass.gov/Eeohhs2/docs/dph/regs/105cmr430.pdf
Is my program really a "camp"?
The DPH Regulations define a "recreational camp for children" as
- a day…sports, travel, or trip camp
- conducted wholly or in part for recreation or recreational instruction
- serving five or more children
- operating for any period of time between June 1 and September 30 or
- any program that advertises itself as a camp, even if it does not meet the above criteria
Even if your program is not a traditional outdoor recreation camp (for example, it is a more classroom-based language, cultural, music, or science program), the regulations specifically extend the definition of a camp to any program meeting the following requirements of a “day camp”:
- a program which operates for more than two hours a day
- operates for at least five days during a two-week period, and
- meets the definition of a recreational camp for children
Therefore classroom-based programs, if they meet all of the above definitions (the number of children served, months operated, and the operating times – or, advertisements using the word "camp") are considered camps and are subject to the DPH Regulations listed below.
What are the main regulations I should be concerned about?
Massachusetts state law stipulates that operators of a day or recreational camp follow extensive regulations in the following key areas:
- Staff requirements, including CORI/SORI background checks for employees and volunteers
- Medical information and policies
- Facilities and General Requirements
What procedures must I have in place to run a camp?
Camps must have in place procedures for
What documentation do I need from my campers?
Camps need to ensure that all parents of all participants fill out
- Health History
- Emergency Information
- Parental Authorization for Emergency Medical Treatment and Waiver
- Physician forms (for immunizations)
- Medication authorization forms
City of Cambridge Permit Process
Regulations for recreational camps are mandated by state law, but licenses are issued by local governments. The city of Cambridge licenses recreational camps through the Public Health Department. While exemptions do include “classroom based instructional programs,” any program that advertises itself as a summer camp is treated as such. In general, the Cambridge licensing process requires documentation that ensures compliance with DPH Regulations.
- To obtain a summer camp permit, call the Cambridge Public Health Department at 617-349-6100 between 8-9:30 a.m. and 3:30-4:30 p.m.
- The deadline for permit applications for the summer of 2008 is May 16, 2008.
Harvard University Requirements
Insurance
- Harvard University’s Insurance Department will not guarantee coverage of a camp activity unless it has been pre-approved by them. Therefore, any school or unit interested in running a summer camp must secure Insurance Department approval. Circumventing Insurance Department approval may create an uncovered liability.
- Contact the manager of claims and loss prevention, at 617-496-8830, at least four weeks before the start of camp.
Criminal Records check
- Harvard has general university-wide pre-employment screening guidelines under which certain employees, including those who supervise minors, must undergo a criminal records check. While the CORI/SORI checks will in most cases be sufficient to satisfy this requirement, if a potential employee has resided in Massachusetts for less than seven years, you should talk to your HR contact about an additional criminal records check by Harvard’s outside vendor.
Employing minors as camp counselors
Employing minors as camp counselors
- Minors (persons under age of 18) are restricted in the hours they may work. Such restrictions apply whether or not the minor is compensated.
- Sixteen- and 17-year-olds may work up to six days and 48 hours in a week, but no longer than nine hours per day.
- They may not work before 6:00 a.m. or after 10:00 p.m. on nights preceding school days (11:30 p.m. on nights not preceding school days). Minors working after 8:00 p.m. must be under supervision.
- Harvard University policy requires that all employees must be at least 16 years of age; exceptions to the age minimum may be granted, but they must meet federal regulations.
- Contact Labor Relations at 617-495-2786
- Massachusetts law requires minors to obtain a work permit from their local school system.
- See http://www.ogc.harvard.edu/faqs_ans.php#minors_harvard for more general information on Harvard’s policies for employing minors.
State-mandated Department of Public Health regulations
- Staff Requirements
- Background Information Checks for Staff and Volunteers at Recreational Camps for Children must include, at minimum, for each staff person and volunteer:
- For an in-state resident or volunteer:
- Prior work history for previous five (5) years, including name, address and phone number of a contact person at each place of employment for the previous five years.
- Three (3) positive reference checks from individuals not related to the staff person. (Returning staff may use references on record with the camp from the preceding year.)
- Self-reporting of any felony conviction.
- Sex offender registry information (SORI) check from the Massachusetts Sex Offender Registry Board (SORB).
- A criminal offender record and juvenile report (CORI/Juvenile Report) from the Massachusetts Criminal History Board (CHSB).
- For an out-of-state resident employee or volunteer:
- All of the in-state information listed above plus
- A criminal record check from the staff person’s state of residence (information can be obtained from the state’s criminal information system, local chief of police, or other local authority with relevant information).
- The process for obtaining out-of-state information can be found at www.state.ma.us./chsb/table_state.html.
- For an international resident employee or volunteer
- All of the in-state information listed above plus
- A criminal record check from the staff person’s country of residence (information can be obtained from the state’s criminal information system, local chief of police, or other local authority with relevant information).
- International staff who have previously been in the United States: obtain a SORI check from the Massachusetts SORB.
- Criminal records and SORI checks must be kept separate from general camp paperwork and must be accessed by individuals that are authorized to review it.
- Talk to your local HR contact about initiating the CORI/SORI checks.
- Camp staff are "mandated reporters" of any suspected child abuse or neglect.
- You must have written procedures to follow in such cases, including notification to DSS.
- Reports to DSS must be made verbally immediately
- Written reports must be submitted in 48 hours.
- You must have procedures in place to protect campers from abuse and neglect
- CLICK HERE for a summary of reporting procedures
- CLICK HERE for a DSS reporting form
- The camp staff must have at least one supervisory staff person for every 10 campers over the age of six and one supervisory staff person for every five campers age six or under.
- Staff must have at least four weeks experience in a supervisory role with children.
- Staff must complete a camp orientation program prior to the arrival of campers.
- The camp director must have completed a course in camping administration or have at least two seasons previous experience as part of the administrative staff of a recreational camp for children.
- Staff must have proof of having required immunizations and, any staff under age 18 also should have proof of immunization for polio (if born after 1/1/92) and Hepatitis B. Health records for staff must be kept.
- CLICK HERE for physician’s form for staff immunizations
- Medical Information
- The camp must provide a single facility that serves as its infirmary or first aid facility.
- The camp must have a written medical policy approved by the board of health and have on staff a health supervisor present at all times who is either a licensed physician, physician’s assistant, nurse practitioner, registered nurse, LPN, or other person trained in first aid, including a current certification in American Red Cross Standard First Aid or its equivalent and CPR.
- The camp must have a health care consultant approve the camp’s health plan and be available for consultation at all times.
- CLICK HERE for medical policy guidelines (p. 10)
- CLICK HERE for sample health care consultant agreement
- Parents must be provided with the portions of the plan that address:
- Care of mildly ill campers
- Administration of medication
- Procedures for providing emergency health care (with the complete policy available to parents upon request.)
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- Information on meningococcal disease
- CLICK HERE for flyer on meningococcal disease that must be distributed to all parents.
- Campers must have proof of having required immunizations (measles, mumps, rubella, Diphtheria, and Tetanus and, if under age 18, polio and Hepatitis B). Health records for campers must be kept.
- CLICK HERE for physician form for immunizations
- CLICK HERE for camper health history and emergency information form.
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A medical log must be kept. Any injury serious enough to require that a camper be sent home, to an ER, or to a physician’s office must be reported to the Massachusetts DPH.
- Parents must authorize emergency treatment for their children and provide proof of insurance.
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Parents also must authorize any administration of medication (including over-the-counter) that is to occur while the child is at camp. The camp must have procedures for storage and administration of medication prescribed to campers by the health supervisor or a licensed health care professional. Medication may only be administered by the health supervisor, though many camps have their health supervisor approve self- administration of emergency drugs (such as asthma inhalers, epi-pens, etc.) where appropriate.
- CLICK HERE for sample medication authorization form
- Facilities and General Requirements
- A camp must develop plans for natural disasters, fire, and other emergencies. Fire evacuation plan must be approved by the local fire department.
- CLICK HERE for sample disaster plan (p. 2)
- CLICK HERE for guidelines for developing a fire evacuation plan (p. 5)
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Campers may only be released to their parents or to individuals designated by their parents. A camp must develop contingency plans for campers who fail to arrive in the morning or for pick-up, or who arrive without registration or other prior notice.
- Camp must develop discipline policies and procedures
- CLICK HERE for sample discipline policies and procedures (p. 4)