| (a) Purpose. This rule allows for communication between
a Texas Juvenile Justice Department (TJJD) youth and the media subject
to rules established by TJJD in the interest of order and safety and
within limitations of confidentiality rules.
(b) General Provisions.
(1) The news media are granted access to TJJD facilities,
as is any visitor, consistent with the preservation of a youth's privacy
and the maintenance of order and security in the facility. TJJD supports
media contact that serves the interest of public awareness and encourages
the youth to contribute productively to the community.
(2) Release of records or divulgence of information
that identifies individual youth or that is otherwise confidential
by law is strictly prohibited.
(3) Parental consent is not required for general news
media visits that do not involve any interviewing of youth.
(4) Non-TJJD personnel are not permitted to make audio
or visual recordings of any treatment session(s) addressing personal
or confidential information.
(5) When the news media requests to interview or to
film youth, the facility administrator must consult with TJJD's communications
director to review the purpose and to determine parameters for filming
and/or interviews.
(6) When the news media requests an interview or to
film specific youth, the facility administrator, in consultation with
the TJJD communications director or designee, makes a recommendation
to the youth, and to the youth's parent or guardian if the youth is
under 18 years of age, regarding the advisability of the youth granting
the request. When the recommendation is against allowing an interview
or filming, the request is denied by the administrator unless the
youth, and the youth's parent or guardian if the youth is under 18
years of age, signs a written statement acknowledging the recommendation
and electing to go forward with the interview or filming despite the
recommendation. If the youth is under 18 years of age, the wishes
of the youth's parent or guardian are honored. If the youth is 18
years of age or older, the wishes of the youth are honored.
(7) Prior to each interview or filming:
(A) the TJJD publicity release form must be explained
to the youth and to the youth's parent or guardian if the youth is
under 18 years of age;
(B) the youth must indicate on the publicity release
form whether he/she wants his/her primary therapist or designee to
be present during the interview or filming;
(C) the youth, and parent or guardian if the youth
is under 18 years of age, must sign the publicity release form; and
(D) the youth must be informed that:
(i) the interview is voluntary;
(ii) he/she may refuse to answer any questions during
the interview; and
(iii) he/she may stop the interview at any time.
|
| Source Note: The provisions of this §385.8137 adopted to be effective December 31, 1996, 21 TexReg 11819; amended to be effective December 16, 1999, 24 TexReg 10358; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123 |
