1. (a) Purpose. The purpose of this rule is to promote and foster communication and contact between Texas Youth Commission (TYC) youth and their parents/guardians, immediate family members, and other positive individuals in their lives.

2. (b) Applicability.

   1. (1) This rule applies to all residential facilities operated by TYC.

   2. (2) This rule does not apply to visits from:

      1. (A) attorneys, pursuant to §93.11 of this title; or
      2. (B) personal ministers, pastors, or religious counselors, pursuant to §93.17 of this title.

3. (c) Definitions. As used in this rule, the following terms shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Immediate Family Member--parent (including step-parent), legal guardian, sibling (including step-sibling), child, spouse, aunt, uncle, or grandparent of a youth in TYC custody.

   2. (2) Non-Eligible Visitor--includes only the following individuals:

      1. (A) a former or current TYC youth, except if a former TYC youth is an immediate family member;
      2. (B) a parent whose rights have been terminated by a court and the youth is under age 18;
      3. (C) any individual who is restricted from contact with a TYC youth by a valid court order;
      4. (D) any former or current TYC employee, unless the former or current TYC 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);
      5. (E) any individual who is not an immediate family member and who is under age 18, unless approved by the CLA; and
      6. (F) any individual who is not an immediate family member and who has a felony conviction within the last ten years or is required to register as a sex offender, unless authorization for the visitation is obtained from the executive director or his/her designee.

4. (d) Approval to Visit.

   1. (1) All TYC youth, regardless of program placement, shall be allowed to receive visitors.
   2. (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 individuals whose names are on a youth's approved visitor list will be permitted to visit that youth.
   3. (3) An individual 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. (4) TYC may conduct background and public criminal history checks and/or require written authorization to conduct full criminal history checks prior to placing an individual on the youth's approved visitor list. Confidential criminal history record information shall not be released or disclosed except on court order or with the consent of the individual who is the subject of the criminal history record information. Criminal records obtained pursuant to this rule will be destroyed after completion of the visitation approval decision.

   5. (5) TYC may deny placing an individual's name on a youth's approved visitor list only if:

      1. (A) the individual is a non-eligible visitor; or
      2. (B) the visitor has been denied visitation pursuant to subsection (f)(7) of this section.

   6. (6) An approved visitor under the age of 18 must be accompanied by:

      1. (A) his/her parent or guardian; or
      2. (B) if the visitor is the child of a TYC youth, an approved visitor who is age 18 or older.

5. (e) Visitation Scheduling.

   1. (1) Visitation Days. Visitation days are, at a minimum, each Saturday and Sunday. Additional visitation days may be provided, as designated by the CLA or designee.
   2. (2) Visitation Hours. The facility/program must provide two 8-hour visitation days per week. The facility/program may provide extended visitation hours, as designated by the CLA or designee.

   3. (3) Length of Visitation.

      1. (A) For Youth Not Assigned to the Security Unit. Visitation for youth not assigned to the security unit will be at least two hours per each visitation, if behavior permits.
      2. (B) For Youth Assigned to the Security Unit. Visitation for youth assigned to the security unit will be at least one hour per each visitation, if behavior permits.
   4. (4) Number of Visitors. There is no limit to the number of visitors per visitation. However, a youth will only be allowed two (2) 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.

6. (f) Conditions of Visitation.

   1. (1) Location.

      1. (A) Adequate space shall be provided for visitation. Outdoor visitation may be allowed if safety and weather permit.
      2. (B) Visitation for youth housed in a security unit during visitation hours will occur in the security unit. For visitation in a security unit, the CLA or designee may limit approved visitors to parents/guardians and grandparents.

   2. (2) Private Parental Visitation. Parents shall 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 only be regulated to prevent disruption of scheduled activities and to maintain the safety and security of the facility/program.

      1. (A) Private, in-person communication means a communication between a parent and his/her child in a location where conversation cannot be overheard by staff.
      2. (B) Parents desiring to have a 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 should be accommodated if possible.

   3. (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:

      1. (A) long-distance travel requirements;
      2. (B) parent work schedules that preclude visiting during normal hours; or
      3. (C) bereavement.
   4. (4) Contact Visitation. Visitors will be allowed to hug the youth at the beginning and end of the visit.

   5. (5) Dress Code. Visitors must abide by the following dress code:

      1. (A) no shorts (exception will be made for youth under age 13);
      2. (B) no open-toed shoes;
      3. (C) no mini skirts, see-through or sleeveless clothing, tops that expose the midriff, or any other clothing for youth age 13 or older which is determined by staff to be too revealing, too short, or otherwise inappropriate;
      4. (D) suggestive, offensive, or derogatory body art must be covered (to the extent practical); and
      5. (E) no clothing depicting drugs, sex, gang culture, obscene language or disrespect to other persons or ethnicities.

   6. (6) Disruption During Visitation and Removal.

      1. (A) The CLA or designee or the director of security may deny visitation if:

         1. (i) a visitor appears to be under the influence of drugs or alcohol;
         2. (ii) a visitor refuses to cooperate;
         3. (iii) a visitor creates a disturbance;
         4. (iv) a visitor is hostile to the point of disruption; or
         5. (v) evidence exists that a visitor has passed contraband to a youth or staff member or aided a youth in an escape or attempted escape.
      2. (B) The CLA or designee or the director of security may determine the appropriate action to be taken including asking the visitor to leave the facility/program or notifying local law enforcement. If local law enforcement is notified, any further action will be at the discretion of the local law enforcement.

   7. (7) Denial of Future Visitation for Visitors.

      1. (A) The CLA or designee may deny visitation if:

         1. (i) evidence exists that a visitor has:

            1. (I) passed contraband to a youth or staff member that constitutes a violation of law or creates a safety or security risk;
            2. (II) aided a youth in an escape or attempted escape;
            3. (III) provided false information or failed to provide accurate information to staff with regard to visitation;
            4. (IV) engaged in disruption of visitation similar to examples listed in paragraph (6) of this subsection. The severity of the incident is a factor in determining the length of time visitation may be denied; or
         2. (ii) the visitor is a victim of the youth and the manager of clinical services has determined that visitation would be harmful to the visitor; or
         3. (iii) based on reasonable cause to believe, the visitor 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.
      2. (B) If the CLA or designee denies visitation, written notice will be provided to the visitor and the youth. The notice will include the reason for the denial of visitation and an explanation of the right to file a grievance to appeal the denial of visitation.

   8. (8) Denial of Visitation for TYC 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. (A) out of control and it is unsafe to allow visitation;
      2. (B) assaultive or threatens to engage in assaultive conduct during visitation; or
      3. (C) engaging in misconduct during visitation.

   9. (9) Denial of Visitation for TYC Facility or Housing Unit.

      1. (A) If a dorm is on shut-down, youth will be allowed visitation unless youth individually meet criteria for denial of visitation.
      2. (B) 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.
   10. (10) Refusal of Visitation. Youth may refuse to receive visitors.
   11. (11) Staff Availability During Visitation. The facility/program staff are required to be available to answer visitors' questions and address concerns during visitation hours.

   12. (12) Publication of Rules. The facility/program staff are required to 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 shall:

       1. (A) address all pertinent issues including, but not limited to, visitation days and hours, positive identification, visitor dress code, prohibited contraband, items authorized in visitation area, and expected demeanor of visitors; and
       2. (B) be sent with the admission letter to parents or legal guardian.

7. (g) Review Process.

   1. (1) Visitation Grievances. Grievances by immediate family members or youth with regard to visitation are filed pursuant to §93.31 of this title.
   2. (2) Public Complaints. Complaints by members of the public with regard to visitation are filed pursuant to §81.11 of this title.

8. (h) Check-In Process.

   1. (1) Register. All visitors must register upon entry to a facility/program. The facility/program staff must document all visitations through the computerized visitor tracking and reporting system.

   2. (2) Identification.

      1. (A) Adult visitors must produce valid picture identification for themselves and accompanying visitor(s) age 13 or older. Acceptable picture identification includes:

         1. (i) valid state driver's license;
         2. (ii) state-issued identification card;
         3. (iii) current military identification;
         4. (iv) school-issued identification card;
         5. (v) other official picture identification; or
         6. (vi) a TYC volunteer identification badge.
      2. (B) Visitors age 13 or older will be issued a temporary identification badge.

   3. (3) Prohibited Items. Items brought onto agency property may be limited and regulated by TYC. For a list of prohibited items, see §97.10 of this title. Visitors will be allowed to bring in the items listed in this paragraph, unless the control center posts a list of items otherwise allowed in a visitor's possession while on facility grounds. The additional items must be approved by the CLA. Visitors will be allowed to bring:

      1. (A) Identification.
      2. (B) Visitors with infants will be allowed to bring a bottle and diaper-changing items.
      3. (C) If vending machines are available, a maximum of ten dollars in coins for the vending machines. Youth are not permitted to handle the money.

   4. (4) Search.

      1. (A) All individuals, vehicles, and items entering the facility/program are subject to search. For more information regarding entry searches, see §97.10 of this title.
      2. (B) Parking lots are subject to inspection by TYC's canine (K-9) teams and law enforcement may be notified when necessary. See §97.13 of this title for more information regarding parking lot inspections.
      3. (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 will be denied access.
      4. (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/program.

Source Note:The provisions of this §380.9312 adopted to be effective September 21, 2005, 30 TexReg 5957; amended to be effective November 15, 2011, 36 TexReg 7565; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.