1. (a) Purpose. The purpose of this rule is to establish that certain basic rights are recognized for each youth in the Texas Youth Commission (TYC) system. The basic rights accorded each TYC youth are not absolute, but may be limited to the extent reasonably necessary for TYC to discharge its statutory responsibilities with respect to public protection, treatment, and care and supervision.
2. (b) Each youth committed to the care and custody of TYC shall be accorded certain basic rights. If a youth feels that TYC, in the administration of its programs, has violated one or more of his/her basic rights or in some way has treated him/her unfairly, abusively or neglectfully, he/she may initiate action to remedy the situation, and may expect staff assistance in doing so.
3. (c) Right to Equal Treatment. Youth have the right not to be discriminated against because of race, sex, language, national origin, physical or other handicaps, religion, or personal opinions.
4. (d) Right of Free Speech and Expression. Youth have the right to express themselves freely, so long as their expressions do not interfere with the safe and orderly operation of the program, or except where totally free expression would be inappropriate due to the unique vulnerability of youth to improper influences.
5. (e) Right of Religious Freedom. Youth have the right to participate in religious activities of their choice. TYC shall not compel youth to participate in any religious activity.

6. (f) Right to Personal Possessions. Youth have the right to keep and use personal possessions so long as these possessions do not endanger the safety of staff and youth, disrupt programs and activities, encourage delinquent subcultural values, or appeal to the unique vulnerability of youth to improper influences. Youth shall not be in possession of contraband as defined by §91.7 of this title (relating to Youth Personal Property). TYC may also limit a youth's personal possessions, including items:

   1. (1) that represent a risk to facility safety (e.g. danger to self or others, fire hazards); or
   2. (2) that represent a risk to sanitary living conditions; or
   3. (3) based upon the youth's progress in the agency's Resocialization treatment program. See §87.4 of this title (relating to Resocialization Earned Privilege System); or
   4. (4) in excess of space allotted to each youth. The amount of space provided to each youth will be dependent on local issues such as the configuration of the dorm. Excess items will be returned to the youth's family.
7. (g) Right to Receive Visitors. Youth have the right to receive visitors, including but not limited to private in-person communication with parents. See §93.12 of this title (relating to Visitation).
8. (h) Right of Access to Mail and Telephone. Youth have the right to correspond freely through the mail except when correspondence among youth presents a risk to facility security and order. Staff may not read incoming or outgoing mail. Staff may open incoming mail in the youth's presence to inspect it for contraband. Staff will not inspect and youth may seal outgoing mail to special correspondents only. Other outgoing mail from youth may be inspected for contraband prior to sealing. For additional information and an explanation of the term special correspondents, refer to §93.15 of this title (relating to Youth Mail). Youth will be provided access to telephones to the extent possible within plant limitations, with equal opportunities for telephone use being provided to all residents within a facility. Youth will have access to a telephone in the event of an emergency. TYC does not have a responsibility to pay for incoming or outgoing long-distance calls, except in an emergency. See §93.13 of this title (relating to Use of Telephone).
9. (i) Right to Earnings and Monetary Gifts. TYC may limit the amount of money in a youth's personal possession, but may not withdraw money from a trust fund without the youth's consent.
10. (j) Right to Protection from Physical and Psychological Harm. Youth have the right to be protected from physical and psychological harm. They have the right to adequate food, clothing and shelter, and shall not be deprived of food or sleep in the interests of treatment or discipline. Youth shall not be administered tranquilizers or other drugs in the interest of discipline or order. Purposeless or degrading work is prohibited.
11. (k) Right to Medical and Dental Care. Youth have the right to basic and necessary medical and dental care, both routine and emergency.
12. (l) Right of Access to Attorneys. Youth have the right to confer with their attorneys in privacy, with appropriate restrictions on the time and place of meeting.
13. (m) Right to be Informed. Youth have the right to be informed of all rights, policies, procedures, and rules affecting them while in the custody of TYC.
14. (n) Right to Accuracy and Fairness in Decision-Making. Youth have the right to expect accuracy and fairness in all decisions made concerning them. The degree of procedural protection afforded a youth shall be consistent with the requirements of due process of law.
15. (o) Right to Confidentiality of Records. Youth have the right to expect that their records will not be released to anyone other than those authorized by law to have access to them.
16. (p) Right to Express Grievances and Appeal Decisions. Youth have the right, without fear of reprisal, to have access to a prompt and fair method of resolving complaints. Youth have the right to appeal to the executive director from any decision made regarding them. See §93.31 of this title (relating to Youth Complaint Resolution System).

Source Note:The provisions of this §380.9301 adopted to be effective December 31, 1996, 21 TexReg 12187; amended to be effective February 1, 1999, 24 TexReg 588; amended to be effective December 16, 1999, 24 TexReg 10373; amended to be effective February 17, 2003, 28 TexReg 1395; amended to be effective April 27, 2003, 28 TexReg 3523; amended to be effective December 14, 2003, 28 TexReg 11105; amended to be effective September 21, 2005, 30 TexReg 5957; amended to be effective January 17, 2006, 31 TexReg 173; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.