(a) The Division of Youth Services requires every youth placed in its custody to be afforded the opportunity to communicate with:
- (1) Their parents or guardians;
- (2) Immediate family members; and
- (3) Other positive individuals in their lives.
(b)
(1) Youth shall be allowed to exchange written correspondence with any person or source, provided that such correspondence:
- (A) Is not detrimental to the youth's well-being or treatment; and
- (B) Does not jeopardize the safety or security of:
(i) The facility or program; or
- (ii) Persons within or without the facility or program.
- (2) There shall be no limitation as to the person or source with whom a youth may correspond, except in the cases where the youth’s treatment team considers that corresponding with a particular person or source would be, in their professional opinion, in some way detrimental to the youth.
- (3) Any limitation and the reason for the limitation shall be stated in the youth's individual treatment plan.
- (4) Each facility or program shall furnish postage and writing materials to allow each youth to write a minimum of three (3) letters per week.
(5) Excluding weekends and holidays:
- (A) Incoming youth correspondence shall be made available to the youth within twenty-four (24) hours of receipt at the facility; and
- (B) Outgoing youth correspondence shall be forwarded within twenty-four (24) hours of receipt from the youth.
(6) Facility staff shall maintain a log sheet for each youth’s incoming and outgoing mail.
- (c)
- (1) Youth correspondence, including packages, shall be opened to inspect for money and contraband.
(2) Staff members may not read correspondence unless there is clear and convincing evidence that materials contained within may be detrimental to the well-being, safety, or security of the:
- (A) Youth;
- (B) Facility;
- (C) Personnel; or
(D) Others.
- (d)
- (1) Under no circumstances shall a youth be denied the opportunity to correspond with attorneys or the court.
(2) Correspondence to attorneys, court, or other legal agencies shall be:
- (A) Mailed at state expense; and
- (B) In addition to the three (3) letters per week limitation.
(e) While in division custody, youth shall not have access to:
- (1) Email;
- (2) Social media; or
- (3) Other forms of electronic communication.