(a) A training and examination program on sexual abuse and child molestation must be approved by the department prior to being offered and shall at a minimum include training and an examination on:

(1) the definitions and effects of sexual abuse and child molestation;

(2) the typical patterns of behavior and methods of operation of child molesters and sex offenders that put children at risk;

(3) the warning signs and symptoms associated with sexual abuse or child molestation, recognition of the signs and symptoms, and the recommended methods of reporting suspected abuse;

(4) the recommended rules and procedures to implement to address, reduce, prevent, and report suspected sexual abuse or child molestation;

(5) the need to minimize one-on-one isolated encounters between an adult and a minor; and

(6) the risk of sexual activity between campers, steps to prevent sexual activity between campers, and how to respond if sexual activity between campers occurs.

(b) The training program shall last for a minimum of one hour and discuss each of the topics described in subsection (a) of this section.

(c) The examination shall consist of a minimum of 25 questions that cover each of the topics described in subsection (a) of this section.

(d) To successfully complete the training program, each employee must achieve a score of 70% or more correct on an individual examination. If the examination is taken on-line, the employee shall retain a certificate of completion indicating successful completion of the course.

(e) Training and examination program providers shall issue a certificate or similar record indicating successful completion of the program training to individuals who have successfully completed a campus program for minors training and examination program on sexual abuse and child molestation. For individuals employed by campus programs overseen, managed, operated or run by different institutions of higher education, such certificate, or similar record, shall be presumptive proof that the named individual has successfully completed the training required under these rules.

(f) Applicants for a training and examination program required to be approved in subsection (a) of this section shall pay a fee of $125 to cover the costs of the department's initial review and an additional $125 fee for each follow-up review of a training and examination program.

(g) Applications shall be made on forms provided by the department and fees shall be mailed to the Environmental and Sanitation Licensing Group, Department of State Health Services, Mail Code 2003, P.O. Box 149347, Austin, Texas 78714-9347. Application forms may be obtained by calling the Environmental and Sanitation Licensing Group at (512) 834-6600 or may be downloaded from http://www.dshs.state.tx.us/youthcamp/default.shtm.

(h) The department, at least every five years from the date of initial approval, shall review each training and examination program approved by the department to ensure the program continues to meet the criteria and guidelines established under this section.

(i) A program operator shall consider the costs of compliance with this section in determining any charges or fees imposed and collected for participation in the campus program for minors.

Source Note: The provisions of this §265.404 adopted to be effective July 22, 2012, 37 TexReg 5280