37 Tex. Admin. Code § 385.8183 - Advocacy, Support Group, and Social Services Provider Access
(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.
(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.
(g) Frequency Data.
(1) The department shall track the frequency
with which the executive director finalizes appeals described in subsections
(d) and (f).
(2) The department
shall compile frequency data on a quarterly basis.
(3) At the beginning of each quarter, the
department shall provide the frequency data from the previous quarter to the
governing board of the Texas Juvenile Justice Department and Sunset Advisory
Commission.
Notes
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