37 Tex. Admin. Code § 380.9312 - Visitation
(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.
(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
(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.
Notes
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