(C) bereavement.
(4) Contact Visitation. Visitors are allowed to hug
the youth at the beginning and end of the visit.
(5) Dress Code. Visitors must abide by the following
dress code:
(A) no shorts (an exception is made for visitors under
age 13);
(B) no open-toed shoes;
(C) no miniskirts, see-through or sleeveless clothing,
tops that expose the midriff, or any other clothing for visitors age
13 or older that is determined by staff to be too revealing, too short,
or otherwise inappropriate;
(D) suggestive, offensive, or derogatory body art must
be covered (to the extent practical); and
(E) no clothing depicting drugs, sex, gang culture,
obscene language, or disrespect to other persons or ethnicities.
(h) Removal From Visitation.
(1) TJJD will require the visitor to leave the facility
and TJJD may notify local law enforcement if:
(A) the visitor appears to be under the influence of
drugs or alcohol;
(B) the visitor refuses to cooperate;
(C) the visitor creates a disturbance;
(D) the visitor is hostile to the point of disruption;
or
(E) evidence exists that the visitor has passed contraband
to a youth or staff member or aided a youth in an escape or attempted
escape.
(2) If local law enforcement is notified, any further
action will be at the discretion of the local law enforcement.
(i) Denial of Visitation for TJJD Youth. Youth may
be denied a scheduled visit if there is a compelling risk to the safety
of other youth or visitors or the security of the facility, including
circumstances in which the youth is:
(1) out of control and it is unsafe to allow visitation;
(2) assaultive or threatens to engage in assaultive
conduct during visitation; or
(3) engaging in misconduct during visitation.
(j) Denial of Visitation for TJJD Facility or Housing
Unit.
(1) If a dorm is on a temporary schedule restriction,
youth are allowed visitation unless youth individually meet criteria
for denial of visitation.
(2) Denial of visitation for an entire housing unit
or facility due to unrest or any other extraordinary situation must
be approved by the division director over residential facilities or
his/her designee.
(k) Refusal of Visitation. Youth may refuse to receive
visitors.
(l) Staff Availability During Visitation. Staff members
must be available to answer visitors' questions and address concerns
during visitation hours.
(m) Publication of Visitation Rules. The facility must
post the visitation rules in English and Spanish on a central bulletin
board and assist other non-English speaking individuals to understand
posted rules, as needed. The visitation rules must:
(1) address all pertinent issues including, but not
limited to, visitation days and hours, required identification, visitor
dress code, prohibited contraband, items authorized in visitation
area, and expected demeanor of visitors; and
(2) be sent with the admission letter to each youth's
parents or legal guardian.
(n) Grievance and Complaint Process.
(1) Visitation Grievances. Grievances by immediate
family members or youth with regard to visitation are filed under §380.9331
of this title.
(2) Public Complaints. Complaints by members of the
public with regard to visitation are filed under §385.8111 of
this title.
(o) Check-In Process.
(1) Registration. All visitors must register upon entry
to a facility.
(2) Identification.
(A) Adult visitors must produce valid picture identification
for themselves and accompanying visitors age 13 or older. Acceptable
picture identification includes:
(i) valid state driver's license;
(ii) state-issued identification card;
(iii) current military identification;
(iv) school-issued identification card;
(v) other official picture identification; or
(vi) a TJJD volunteer identification badge.
(B) Visitors age 13 or older are issued a temporary
identification badge.
(3) Prohibited Items. Items brought onto agency property
may be limited and regulated by TJJD. Visitors are allowed to bring
in only the items listed in this paragraph unless the control center
posts a list of additional items allowed. The additional items must
be approved by the CLA. Visitors are allowed to bring:
(A) identification;
(B) a bottle and diaper-changing items (for visitors
with infants); and
(C) up to ten dollars in coins, if vending machines
are available. TJJD youth are not permitted to handle the money.
(4) Searches.
(A) All individuals, vehicles, and items entering the
facility are subject to search. For more information regarding entry
searches, see §380.9710 of this title.
(B) Parking lots are subject to inspection by TJJD's
canine (K-9) teams. Law enforcement may be notified when necessary.
See §380.9713 of this title for more information regarding inspections
of parking lots.
(C) In facilities equipped with metal detectors, visitors
must declare at the control center all metal items on their person
and must successfully pass through the metal detector. Visitors refusing
or failing to pass successfully through a metal detector are denied
access.
(D) Visitors' refusal to submit to a search of their
person or personal property may be considered legitimate grounds for
denying access to the facility.
(p) Individual Exceptions. The executive director may
make exceptions to the provisions of this rule on a case-by-case basis
or in emergency situations.
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Source Note: The provisions of this §380.9312 adopted to be effective September 21, 2005, 30 TexReg 5957; amended to be effective November 15, 2011, 36 TexReg 7565; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5436; amended to be effective October 1, 2015, 40 TexReg 6138 |