(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:
(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:
(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.
(5) An approved visitor under the age of 18 must be accompanied by:
(e) Denial of Visitation.
(1) TJJD may deny placing a person's name on a youth's approved visitor list only if:
(2) TJJD may deny visitation if:
(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.
(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.
(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.
(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:
(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:
(h) Removal From Visitation.
(1) TJJD will require the visitor to leave the facility and TJJD may notify local law enforcement if:
(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.