| (a) Purpose. This rule establishes a process for allowing
advocacy and support groups and social services providers to provide
on-site information, support, and other services for youth confined
in Texas Juvenile Justice Department (TJJD) residential facilities.
(b) Applicability.
(1) This rule applies to residential facilities operated
by TJJD.
(2) This rule does not apply to a youth's access to
his/her personal attorney or personal clergy member in accordance
with §380.9311 of this title and §380.9317 of this title.
(c) Definitions. The following words and terms have
the following meanings when used in this rule, unless the context
clearly indicates otherwise:
(1) Advocacy or Support Groups--organizations whose
primary functions are to benefit children, inmates, girls and women,
persons with mental illness, or victims of sexual assault.
(2) Social Services Providers--organizations whose
primary functions are to provide psychological, social, educational,
health, and other related services to juveniles and their families.
(3) Confined--placement in a residential facility.
(4) Confidential Setting--a setting that provides for
private conversation but is within the line of sight of a TJJD staff
member who is authorized to provide sole supervision of youth.
(d) Registration Procedures.
(1) An advocacy or support group or social services
provider must register with TJJD prior to providing on-site information,
support, or other services to confined youth.
(2) In order to register with TJJD, an advocacy or
support group or social services provider must provide the following
in a form and manner determined by TJJD:
(A) a copy of the articles of incorporation on file
with the secretary of state or other official documentation showing
the organization's primary purpose;
(B) contact information for the local program director(s);
(C) names of all persons employed by or otherwise officially
representing the organization who would likely seek access to residential
facilities under the provisions of this rule; and
(D) if 24-hour access to residential facilities is
believed to be necessary to perform the organization's primary function,
a written justification of the need for such access and the names
of individuals representing the organization who perform the function
for which 24-hour access is requested.
(3) The TJJD division director with responsibility
over volunteer services or his/her designee determines whether or
not an organization qualifies as an advocacy or support group or social
services provider as defined in this rule, and whether or not 24-hour
access, if requested, is necessary to provide the organization's primary
function.
(4) A determination that an organization does not qualify
as an advocacy or support group or social services provider under
this rule, or a denial of a request for 24-hour access, must be in
writing and may be appealed to the TJJD executive director or his/her
designee. The appeal must be in writing and clearly state the reason
the organization should be considered an advocacy or support group
or social services provider under this rule or the reason that denial
of 24-hour access would prevent the organization from effectively
performing its primary function.
(5) A person representing a registered advocacy or
support group or social services provider is not permitted to provide
information, support, or other services to youth in a confidential
setting unless and until:
(A) TJJD conducts a background check pursuant to §385.8181
of this title and clears the person for such access; and
(B) the person signs appropriate confidentiality agreements
concerning youth information and/or records.
(6) A registered advocacy or support group or social
services provider must provide immediate written notification to TJJD
when a person who is registered with TJJD as a representative of the
organization ceases to represent the organization.
(e) General Provisions.
(1) A person who has been granted 24-hour access should
provide reasonable advance notice of his/her intention to visit a
facility to allow for security and confidentiality arrangements to
be made. Lack of advance notice does not constitute grounds for denying
entry.
(2) A person who has not been granted 24-hour access
may access residential facilities during youth waking hours. Such
a person must provide at least 24-hour advance notice of his/her visit
to the facility in order for security and confidentiality arrangements
to be made. Visits with less than 24-hour advance notice will be accommodated
when possible.
(3) The security and confidentiality measures arranged
by TJJD must not be designed to deny a registered advocacy or support
group or social services provider access to youth.
(4) A person who has been cleared for access and who
has provided adequate advance notice, if required, will not be denied
access to any residential facility unless, in the judgment of the
facility administrator or designee, the circumstances existing at
the time of the visit create an unacceptable risk to the safety of
youth, staff, or visitors. If, upon arrival at a facility, a representative
of an advocacy or support group or social services provider is denied
entry due to unsafe conditions, the facility administrator or designee
must provide written justification to the organization within three
workdays. A youth's current placement in a security unit does not
constitute an unacceptable safety risk that would prevent access by
a registered group or provider, but may be taken into consideration
with other factors in making a determination of the safety of the
current circumstances.
(5) A person who has been cleared for access must present
picture identification at the entry point in order to gain access
to the facility.
(6) Members of advocacy or support groups or social
services providers are subject to search upon entry to a residential
facility in accordance with §380.9710 of this title.
(7) Under state law, any person, including a registered
member of an advocacy or support group or social services provider
who has cause to believe that a youth has been or may be adversely
affected by abuse, neglect, or exploitation has a legal obligation
to report the matter in accordance with §380.9333 of this title.
The reporting requirement applies without exception to a person whose
personal communications may otherwise be privileged.
(8) Youth have the right to refuse a visit with an
advocate or social services provider.
(9) Advocacy and support groups and social services
providers may file complaints regarding the security and privacy procedures
arranged by a facility in accordance with §385.8111 of this title.
(10) Provisions of this rule may not be used to bypass
the provisions of §380.9312 of this title regarding visitation
procedures for family members of youth committed to TJJD.
(f) Revocation of Access.
(1) TJJD may revoke the access of a representative
of a registered advocacy or support group or social services provider,
with written notice, when:
(A) the person has endangered the safety of youth or
the security of the facility; or
(B) the person has violated a TJJD confidentiality
agreement.
(2) Revocation of access may be appealed to the executive
director or his/her designee. The appeal must be in writing and clearly
state the reason the person's access should not be revoked.
|
| Source Note: The provisions of this §385.8183 adopted to be effective February 15, 2009, 34 TexReg 855; amended to be effective November 1, 2011, 36 TexReg 7345; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2016, 41 TexReg 8632 |
