| (a) Purpose. The purpose of this rule is to promote
and foster communication and contact between Texas Juvenile Justice
Department (TJJD) youth and their parents/guardians, immediate family
members, and other positive individuals in their lives.
(b) Applicability.
(1) This rule applies to all residential facilities
operated by TJJD.
(2) This rule does not apply to visits from:
(A) attorneys or their staff (see §380.9311 of
this title);
(B) personal clergy (see §380.9317 of this title);
or
(C) registered volunteers who are visiting a youth
as part of their specific volunteer assignment (see §385.8145
and §385.8181 of this title).
(c) Definitions. As used in this rule, the following
terms have the following meanings, unless the context clearly indicates
otherwise.
(1) Immediate Family Member--parent, step-parent, legal
guardian, sibling, step-sibling, child, spouse, aunt, uncle, or grandparent
of a youth in TJJD custody.
(2) Non-Eligible Visitor--includes only the following
individuals:
(A) a former or current TJJD youth, except if a former
TJJD youth is an immediate family member;
(B) a parent whose parental rights have been terminated
by a court, but only if the youth the parent is seeking to visit is
under age 18;
(C) any person who is restricted from contact with
a TJJD youth by a valid court order;
(D) any former or current TJJD employee, unless the
former or current TJJD employee is an immediate family member of the
youth, is otherwise authorized to visit the youth, or is approved
by the chief local administrator (CLA);
(E) any person who is not an immediate family member
and who is under age 18, unless approved by the CLA;
(F) any person with an outstanding warrant for a felony
or misdemeanor offense; and
(G) any person who is not an immediate family member
and who is required to register as a sex offender, unless authorization
for the visitation is obtained from the executive director or his/her
designee.
(d) General Provisions.
(1) All TJJD youth, regardless of program placement,
are allowed to receive visitors.
(2) Except for parents and guardians who wish to visit
a youth during the youth's initial placement at the orientation and
assessment facility, only persons whose names are on a youth's approved
visitor list are permitted to visit that youth.
(3) A person wishing to be placed on a youth's approved
visitor list must submit a completed visitor application and obtain
prior approval to visit with the youth.
(4) TJJD conducts background and criminal history checks
prior to placing a person on the youth's approved visitor list.
(A) TJJD does not release or disclose confidential
criminal history record information except on court order or with
the consent of the person who is the subject of the criminal history
record information.
(B) Criminal records obtained under this rule are destroyed
after completion of the visitation approval decision. However, if
visitation is denied or limited based in part on a review of criminal
history, TJJD retains the criminal history record information of the
person for whom access is denied or limited until the youth the person
is seeking to visit is released from TJJD.
(5) An approved visitor under the age of 18 must be
accompanied by:
(A) his/her parent or guardian; or
(B) if the visitor is the child of a TJJD youth, an
approved visitor who is age 18 or older.
(e) Denial of Visitation.
(1) TJJD may deny placing a person's name on a youth's
approved visitor list only if:
(A) the person is a non-eligible visitor; or
(B) TJJD has denied visitation for any of the reasons
listed in paragraph (2) of this subsection.
(2) TJJD may deny visitation if:
(A) evidence exists that the person has:
(i) passed contraband to a youth or staff member that
constitutes a violation of law or creates a safety or security risk;
(ii) aided a youth in an escape or attempted escape;
(iii) provided false information or failed to provide
accurate information to staff with regard to visitation;
(iv) engaged in disruption of visitation similar to
examples listed in subsection (h) of this section. The severity of
the incident is a factor in determining the length of time visitation
may be denied;
(B) the person was victimized by the youth and the
manager of clinical services has determined that visitation would
be harmful to the person;
(C) there is reasonable cause to believe the person
would pose a risk to the safety or security of the facility or interfere
with a youth's treatment, rehabilitation, or successful reestablishment
in the community;
(D) the person is required to register as a sex offender
under Chapter 62 of the Texas Code of Criminal Procedure; or
(E) the person has the following criminal history:
(i) a conviction, deferred adjudication, or juvenile
adjudication for a felony within the past ten years;
(ii) current probation or parole; or
(iii) a conviction, deferred adjudication, or juvenile
adjudication for a jailable misdemeanor within the past five years.
(3) To determine whether to approve or deny visitation
based on criminal history, TJJD takes into consideration the nature
and extent of the criminal record and the time elapsed since the criminal
activity.
(4) TJJD may not deny visitation for an immediate family
member based solely on a review of criminal history record information.
(5) Only the division director over residential services
or his/her designee may deny visitation.
(6) If TJJD denies placing a person's name on a youth's
approved visitor list, TJJD must provide written notice to the person
and the youth. The notice must include the reason for the denial and
an explanation of the right to file a grievance to appeal the decision.
(f) Visitation Scheduling.
(1) Visitation Days. Visitation days are, at a minimum,
each Saturday and Sunday and major holidays.
(2) Visitation Hours. The facility must provide two
eight-hour visitation days per week. The facility may provide extended
visitation hours, as designated by the CLA or designee.
(3) Length of Visitation.
(A) Youth Not Assigned to the Security Unit. Visitation
for youth not assigned to the security unit is at least two hours
per each visitation, if behavior permits.
(B) Youth Assigned to the Security Unit. Visitation
for youth assigned to the security unit is at least one hour per each
visitation, if behavior permits.
(4) Number of Visitors. There is no limit to the number
of visitors per visitation. However, a youth is allowed only two face-to-face
contact visitors at any one time during each visitation, unless the
CLA or designee grants an increase in the number of face-to-face contact
visitors for the visitation period.
(g) Conditions of Visitation.
(1) Location.
(A) Adequate space is provided for visitation. Outdoor
visitation may be allowed if safety and weather permit.
(B) Visitation for youth housed in a security unit
occurs in the security unit. For visitation in a security unit, the
CLA or designee may limit approved visitors to parents/guardians and
grandparents.
(2) Private Parental Visitation. Parents have the right
to private, in-person communication with their child for reasonable
periods of time. The time, place, and conditions of the private, in-person
communication may be regulated only to prevent disruption of scheduled
activities and to maintain the safety and security of the facility.
(A) Private, in-person communication means communication
between a parent and his/her child in a location where conversation
cannot be overheard by staff.
(B) Parents desiring to have private, in-person communication
with their child are expected to make the request at least 24 hours
before the visitation. Requests not made within 24 hours are accommodated
if possible.
(3) Special Visitation. Special visitation is provided
at times that may vary from the regular visitation schedule to accommodate
visitors with special circumstances including, but not limited to:
(A) long-distance travel requirements;
(B) parent work schedules that preclude visiting during
normal hours; or
Cont'd... |
