5139-37-19 Visitation and communications.

(A) The following standards will be mandatory:

(1) Each detention center shall have a written policy and procedure governing visitation that fosters family contact.

(2) Provisions shall be made for the residents or staff on behalf of the children to call, not collect, or visit with their attorney of record or their representative at any reasonable time except for documented reasons of safety and security and may only then be temporarily denied upon authorization of the director. Attorney calls or visits will not be monitored and take place in a confidential setting but will be documented.

(3) Visitation dates, times and practices shall be in writing, and shall be made readily available to all children, parents, legal guardians, custodians and attorneys. Visitation shall include visits from the child's parents, legal guardians, custodians and attorneys.

(4) Each detention center shall have a written policy and procedure governing the handling of resident's mail.

(5) Each detention center shall have a written policy and procedure that governs access to telephone communications.

(6) A child must be informed of the right to telephone their parents and attorney during the intake process.

(7) The child may receive special visits at reasonable times by adult family members, the child's biological child or children, clergy, teachers or other individuals with the prior approval of the detention center director / designee.

(8) Prior to visitation, children shall be notified who is there to visit. Children have the privilege of refusing to see any particular visitor and end any visit at any time. These refusals shall be documented and placed in the child's record.

(B) The following standards are recommended:

(1) Written policy procedure, and practice grant juveniles the right to receive visits, subject only to the limitations necessary to maintain facility order and security.

(2) Provisions in the plan shall allow for exceptions to the regularly scheduled hours to accommodate parent's work schedules, illnesses or other reasonable requests.

(3) Visitations should be conducted in a manner which provides as much privacy as possible and subject only to the limitation necessary to maintain order and security.

(4) Written policy and procedure specify that visitors register upon entry into the detention center and specify the circumstances under which visitors are searched.

(5) A visitation may be denied if there exists reasonable suspicion to believe that the visit might endanger the security of the detention center, but shall not be restricted as a punishment for the child's behavior in the facility. Reasons for denial of a visit shall be in writing and placed in the resident's detention record.

(6) Except where a court order exists to the contrary, residents shall be allowed the freedom to correspond. The detention center shall provide each resident with at least two first class stamps per week.

(7) No correspondence to or from residents shall be censored. No correspondence to or from a resident shall be read by staff unless the detention center director, or designee, has reasonable suspicion to believe the content of the correspondence may incite to endanger the detention center order or security. If correspondence is read, the child must be informed.

(8) All incoming and outgoing mail is forwarded within twenty-four hours, excluding weekends and holidays.

(9) Incoming mail may be checked for contraband.

(10) The detention center will provide postage for residents to correspond with their attorney of record.

(11) Children are provided reasonable access to telephone communication with community agency professions and parents, subject only to those limitations necessary to maintain detention center order and security.

Effective: 7/11/2016
Five Year Review (FYR) Dates: 11/14/2018
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.281
Prior Effective Dates: 12/11/1988, 1/30/2009, 2/07/2014, 3/21/2016