SECTION 351.14. Communications

(a) Visitation.

(1) Written policies shall allow for regularly scheduled visitation and procedures for emergency visitation.

(2) The parents or guardians of the resident shall be provided a copy of the visitation schedule.

(3) A registry shall be maintained to document the name and relationship to the resident of all visitors.

(4) Attorneys and their representatives may visit residents at any time.

(b) Telephone.

(1) Written policies shall allow reasonable and fair access to telephones and detail the specific time, length, and other limitations on calls.

(2) The parents or guardians of the resident shall be provided a copy of the policy.

(c) Mail.

(1) Limitations. A resident's rights to privacy and correspondence may not be limited except when:

(A) probable cause exists to suspect that the correspondence is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the facility or to violate state or federal laws. If such cause exists, then facility staff shall:

(i) ask the resident's permission to read the letter;

(ii) if permission is denied, request a search warrant prior to opening and reading the letter; and

(iii) if a search warrant request is denied, the correspondence shall be provided to the resident;

(B) Communication with certain individuals is specifically forbidden by:

(i) the resident's court ordered rules of probation or parole; or

(ii) by the facility's rules of separation; or

(iii) a specific list of individuals furnished by a minor resident's parents or guardian indicating who they feel should not communicate with the resident.

(iv) Such incoming correspondence shall be returned unopened to the sender.

(2) Withholding mail. When mail is withheld from the resident, the reasons shall be documented.

(3) Materials and Postage. Upon request, residents shall be furnished with writing materials and postage for no fewer than two letters.

(4) Legal Correspondence. Residents shall be furnished adequate postage for legal correspondence.

(5) Forwarding Mail. Provisions shall be made to forward mail when the resident is released or transferred.

(6) Inspection. Mail may be opened by staff only in the presence of the resident with inspection limited to searching for contraband. Money received in the mail shall be held for the resident in their personal property inventory, with receipt provided, or returned to the sender.

Source Note: The provisions of this §351.14 adopted to be effective September 1, 2003, 28 TexReg 2953