1. (a) Policy. The Texas Youth Commission (TYC) allows advocacy and support groups to provide on-site information, support, and other services for youth confined in TYC facilities.
2. (b) Applicability. This rule does not apply to youth access to a personal attorney, minister, pastor, or religious counselor. See §93.11 of this title (relating to Access to Attorneys and Courts) and §93.17 of this title (relating to Access to Personal Minister, Pastor, or Religious Counselor).

3. (c) Definitions. The following words and terms, as used in this rule, have the following meanings, unless the context clearly indicates otherwise:

   1. (1) Advocacy or Support Groups--means organizations whose primary functions are to benefit children, inmates, girls and women, persons with mental illness, or victims of sexual assault.
   2. (2) Confined--means placement in a residential facility.
   3. (3) Confidential setting--means a setting that provides for private conversation but is within the line of sight of a TYC staff member who is authorized to provide sole supervision of youth.

4. (d) Registration Procedures.

   1. (1) An advocacy or support group must register with TYC prior to providing on-site information, support, or other services to confined youth.

   2. (2) In order to register with TYC, an advocacy or support group must provide the following in a form and manner determined by TYC:

      1. (A) copy of articles of incorporation on file with the secretary of state or other official documentation showing the organization's primary purpose;
      2. (B) contact information for local program director(s);
      3. (C) names of all persons employed by or otherwise officially representing the group who would likely seek access to residential facilities under the provisions of this rule; and
      4. (D) if 24-hour access to residential facilities is believed to be necessary to perform the group's primary function, a written justification of the need for such access and the names of individuals representing the group who perform the function for which 24-hour access is requested.
   3. (3) The TYC division director with responsibility over volunteer services or his/her designee will determine whether or not an organization qualifies as an advocacy or support group as defined in this rule, and whether or not 24-hour access, if requested, is necessary to provide the group's primary function.
   4. (4) A determination that an organization does not qualify as an advocacy or support group under this rule, or that a request for 24-hour access has been denied, must be in writing and may be appealed to the 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 under this rule or the reason that denial of 24-hour access would prevent the group from effectively performing its primary function.

   5. (5) A person representing a registered advocacy or support group will not be permitted to provide information, support, or other services to youth in a confidential setting unless and until:

      1. (A) TYC conducts a background check pursuant to §81.81 of this title and clears the person for such access; and
      2. (B) the person signs appropriate confidentiality agreements concerning youth information and/or records.
   6. (6) A registered advocacy or support group must provide immediate written notification to TYC when a person who is registered with TYC as a representative of the group ceases to represent the group.

5. (e) General Provisions.

   1. (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. (2) A person who has not been granted 24-hour access may access residential facilities during youth waking hours, and must provide notice at least 24 hours in advance of his/her intention to visit a 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. (3) The security and confidentiality measures arranged by TYC must not be designed to deny a registered advocacy or support group access to youth.
   4. (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 is denied entry due to unsafe conditions, the facility administrator or designee must provide written justification to the organization within three business days. A youth's current placement in a security unit does not, absent additional factors, constitute an unacceptable safety risk which would prevent access by a registered advocate.
   5. (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. (6) Pursuant to §97.10 of this title, members of advocacy and support groups are subject to search upon entry to a secure residential facility.
   7. (7) Any registered member of an advocacy and support group 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. The reporting requirement applies without exception to a person whose personal communications may otherwise be privileged. See §93.33 of this title for more information on reports and investigations of suspected abuse, neglect, or exploitation.
   8. (8) Youth have the right to refuse a visit with an advocate.
   9. (9) Under §81.11 of this title, advocacy and support groups may file complaints regarding the security and privacy procedures arranged by a facility.
   10. (10) Provisions of this rule may not be used to bypass the provisions of §93.12 of this title regarding visitation procedures for family members of TYC youth.

6. (f) Revocation of Access.

   1. (1) TYC may revoke the access of a representative of a registered advocacy or support group, with written notice, when the person has endangered the safety of youth or security of the facility, or when the person has violated a TYC confidentiality agreement.
   2. (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.

Source Note:The provisions of this §385.8183 adopted to be effective February 15, 2009, 34 TexReg 855; amended to be effective November 1, 2011, 36 TexReg 7345; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.