| (a) Purpose. This rule establishes certain basic rights
that are recognized for each youth in the Texas Juvenile Justice Department
(TJJD). The basic rights accorded each TJJD youth are not absolute
and may be limited to the extent reasonably necessary for TJJD to
discharge its statutory responsibilities with respect to public protection,
treatment, care, and supervision.
(b) General Provisions. Each youth committed to the
care and custody of TJJD is accorded certain basic rights. If a youth
feels that TJJD has violated one or more of his/her basic rights or
in some way has treated him/her unfairly, abusively, or neglectfully,
the youth may initiate action to remedy the situation, and staff must
assist youth in doing so.
(c) Right to Equal Treatment. Youth have the right
not to be discriminated against because of race, sex, language, national
origin, disabilities, sexual orientation, gender identity, religion,
or personal opinions.
(d) Right of Free Speech and Expression.
(1) Youth have the right to express themselves freely
except when:
(A) their expressions interfere with the safe and orderly
operation of the program; or
(B) totally free expression would be inappropriate
due to the unique vulnerability of youth to improper influences.
(2) Youth who speak languages other than English are
allowed to speak those languages at any time, except:
(A) during classroom discussions, group counseling
sessions, and other organized activities unless the youth is limited
English proficient and has been approved to use a translator; or
(B) when a staff member has reasonable cause to believe,
based on reliable evidence, that the non-English communication poses
a direct threat to the safety of others or to facility security and
order.
(e) Right of Religious Freedom. Youth have the right
to participate in religious activities. TJJD may not compel youth
to participate in any religious activity.
(f) Right to Personal Possessions. Youth have the right
to keep and use personal possessions that do not endanger the safety
of staff and youth, disrupt programs and activities, encourage delinquent
subcultural values, or appeal to the unique vulnerability of youth
to improper influences. Youth may not possess contraband as defined
by §380.9107 of this title. TJJD may also limit a youth's personal
possessions based on:
(1) risk to facility safety (e.g., danger to self or
others, fire hazards); or
(2) risk to sanitary living conditions; or
(3) the youth's progress in the agency's rehabilitation
program; or
(4) the amount of space allotted to each youth. The
amount of space provided to each youth is dependent on local issues
such as the configuration of the dorm. Excess items are returned to
the youth's family.
(g) Right to Receive Visitors. Youth have the right
to receive visitors, including but not limited to private in-person
communication with parents. See §380.9312 of this title for more
information on visitation.
(h) Right of Access to Mail and Telephone. Youth have
the right to correspond freely through the mail, subject to certain
limitations described in §380.9315. Youth are provided access
to telephones to the extent possible within plant limitations, with
equal opportunities for telephone use being provided to all residents
within a facility. Youth have access to a telephone in the event of
an emergency. See §380.9313 of this title for more information
on telephone use.
(i) Right to Earnings and Monetary Gifts. TJJD may
limit the amount of money in a youth's personal possession but may
not withdraw money from a trust fund without the youth's consent.
(j) Right to Protection from Physical and Psychological
Harm. Youth have the right to be protected from physical and psychological
harm. They have the right to adequate food, clothing, and shelter,
and may not be deprived of food or sleep in the interests of treatment
or discipline. Youth may not be administered tranquilizers or other
drugs in the interest of discipline or order. Purposeless or degrading
work is prohibited.
(k) Right to Medical and Dental Care. Youth have the
right to basic and necessary medical and dental care, both routine
and emergency. See §380.9183 of this title for more information
on medical and dental care.
(l) Right of Access to Attorneys. Youth have the right
to confer with their attorneys in private, with appropriate restrictions
on the time and place of meeting. See §380.9311 of this title
for more information on access to attorneys.
(m) Right to be Informed. Youth have the right to be
informed of all rights, policies, procedures, and rules affecting
them while in the custody of TJJD.
(n) Right to Accuracy and Fairness in Decision Making.
Youth have the right to expect accuracy and fairness in all decisions
made concerning them. The degree of procedural protection afforded
a youth must be consistent with the requirements of due process of
law, including the right to appeal any decision made by staff concerning
the youth.
(o) Right to Confidentiality of Records. Youth have
the right to expect that their records will not be released to anyone
other than those authorized by law to have access to them.
(p) Right to Express Grievances and Appeal Decisions.
Youth have the right, without fear of reprisal, to have access to
a prompt and fair method of resolving grievances. See §380.9331
of this title for more information on the youth grievance system.
|
| Source Note: The provisions of this §380.9301 adopted to be effective December 31, 1996, 21 TexReg 12187; amended to be effective February 1, 1999, 24 TexReg 588; amended to be effective December 16, 1999, 24 TexReg 10373; amended to be effective February 17, 2003, 28 TexReg 1395; amended to be effective April 27, 2003, 28 TexReg 3523; amended to be effective December 14, 2003, 28 TexReg 11105; amended to be effective September 21, 2005, 30 TexReg 5957; amended to be effective January 17, 2006, 31 TexReg 173; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to beeffective October 1, 2015, 40 TexReg 6138 |
