Iowa Admin. Code r. 441-31.2

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 441-31.2 - Visitation

Visitation is considered part of the individual's therapeutic program. Visits are expected to benefit the individual's treatment goals while meeting the security needs of the facility and ensuring the safety of the individual and the visitor.

(1)Approval of visitor. All persons wishing to visit a committed individual who is residing at the facility or is in a transition phase shall have prior approval of the facility administrator before a visit shall be permitted.

a.Questionnaire and background check. Before being approved to visit, all visitors shall complete a visitor questionnaire and undergo a background check to determine if:

(1) The visitor has been a victim of the individual;

(2) The visitor has a significant criminal background;

(3) The visitor will not hinder the individual's treatment; or

(4) The visitor will be a part of the individual's support team.

b.Interview. Upon return of the questionnaire and completion of the background check, an interview shall be conducted with the visitor to determine whether the visitor will be approved.

c.Minors. A minor shall not be permitted to visit unless special circumstances exist and the visit is approved by:

(1) The individual's treatment team,

(2) The facility administrator, and

(3) The minor's parent or guardian.

d.Support team member. A visitor identified as a support team member shall complete a four-hour training course on being part of a support team before being approved as part of the individual's support team.

e.Revocation of approval. Approval of visitors is at the sole discretion of the facility. Approval may be revoked at any time if the facility determines that:

(1) The visitor rules have been violated; or

(2) The visitor presents a threat to security or is a detriment to the individual's treatment.

f.Approval after revocation. Once approval is revoked, the person shall be required to reapply for and be approved for reinstatement before being allowed to visit.

(2)Prior notification. Visitors shall call the facility at least 24 hours in advance of a planned visit to schedule the visit.

(3)Visiting hours.

a. Visits shall be allowed on:

(1) Monday through Friday from 5:30 p.m. to 8:30 p.m.

(2) Saturdays, Sundays, and holidays from 10:30 a.m. to 2 p.m. and from 2:30 p.m. to 8:30 p.m.

b. Visitors shall not be admitted after 7:30 p.m. on weekdays or after 4:30 p.m. on Saturdays, Sundays, and holidays.

(4)Visitation limits. Individuals shall be allowed a maximum of three hours' visitation on weekdays and a total of four hours on Saturdays, Sundays, and holidays. The number of days per week the individual may have visits shall be determined by the individual's treatment team based on the individual's treatment level. At the discretion of the facility, the visit may be split between two different periods of the day.

(5)Search. All visitors shall be subject to a search before a visit.

a. A visitor shall be required to remove all items from the visitor's pockets and place the items in a locker provided by the facility or take the items to the visitor's vehicle.

b. Visitors shall not be allowed to bring the following items into the secure area of the facility: purses, packages, folders, binders, briefcases, still or video cameras, cell phones, computers, electronic media storage devices, digital or analog recording devices, or any device that can be used to connect to the Internet.

(6)Visitor rules. Each approved visitor shall be given a copy of the facility's visitor rules at the beginning of each visit and shall be required to sign an acknowledgement that the visitor has received the rules and understands them. The visitor rules are as follows:

a. The visitor's name shall be on the approved visitors list.

b. The visitor shall provide 24-hour prior notice of the intent to visit.

c. Upon arrival, the visitor shall check in at the facility master control center.

d. A visitor who is 16 years of age or older shall provide a government-issued photo identification document.

e. A minor who is approved as a visitor shall be accompanied at all times by an approved adult visitor.

f. All visitors shall be subject to the rules of the facility.

g. Visitors shall wear clothing appropriate to the security and therapeutic needs of the facility. Prohibited clothing includes: mini-skirts, shorts, muscle shirts, see-through clothing, or halter tops; clothing or accessories with obscene words, symbols, or pictures; and clothing with gang colors or symbols.

h. For the duration of the visit, visitors shall be required to remove outerwear such as, but not limited to, coats, hats, gloves, and sunglasses. A medical need for sunglasses for protection from normal interior light shall be verified by a physician's prescription.

i. Smoking shall not be permitted in the facility or on the grounds of the facility except in an enclosed private vehicle.

j. A visitor shall not schedule a visit when the visitor has a communicable disease.

k. Visitors shall not be under the influence of drugs or alcoholic beverages.

l. Food gifts or other items shall not be brought into the facility unless prior approval has been received from the treatment program supervisor. Food items may be purchased from vending machines at the facility.

m. All visits shall be monitored by an employee.

n. The door to the visiting room shall remain open at all times.

(7)Denial of visit. All visitors are subject to denial of a visit each time the visitor enters the facility. Visits can be denied by any employee with reason. Reasons for denial include but are not limited to:

a. The visitor's name is not on the approved visitors list.

b. The visitor did not provide notice of the visit at least 24 hours in advance.

c. The visitor's clothing does not conform to the facility visitor rules.

d. The visitor does not agree to be searched.

e. The visitor is trying to bring contraband into the facility.

f. The visitor is or appears to be under the influence of drugs or alcoholic beverages.

g. The visitor exhibits disruptive behavior that threatens the safety or security of the facility, individuals, employees, or other visitors.

h. The visitor appears to have a health condition that could threaten the health of individuals, employees, or other visitors.

i. The individual has been placed on restrictions for a rule infraction.

j. The number of staff available is inadequate to supervise the visit.

(8)Termination of visit.

a. The facility may terminate a visit at any time when:

(1) The visitor or the individual violates any visitor rule during the visit.

(2) Because of the actions of an individual or a visitor, a facility employee becomes concerned about the safety and security of the facility, the individual, the visitor, or other visitors.

(3) The individual's treatment team determines that the visit is counter-therapeutic or is disruptive to the safety and security of the facility.

(4) A crisis in the facility results in an inadequate number of staff available to supervise the visit.

b. The facility may either terminate the current visit or, at the discretion of the individual's treatment team, remove the visitor's name from the approved visitors list.

(9)Visits outside the facility. Individuals may visit family and friends outside of the facility when the visit meets all of the following criteria:

a. The visit occurs in connection with a death or life-threatening illness in the family.

b. The visit receives the approval of the facility administrator or the facility administrator's designee. Such approval shall be granted only when:

(1) The facility has determined the individual to be a "low escape risk,"

(2) The visit will provide a treatment benefit to the individual with no harmful effects on the individual's family or community, and

(3) The individual pays all expenses associated with supervision of the visit, including facility expenses such as employee wages and transportation costs.

c. The visit is ordered by the court.

(10)Hospital visits. Individuals hospitalized in a community facility may have visitors during the hospitalization provided that:

a. The visit does not interfere with the treatment of the individual.

b. The visitor is approved as provided in subrule 31.2(1) unless an exemption is granted by the facility administrator.

c. The visitor is subject to a search as provided in subrule 31.2(5).

d. The visitor is subject to the visitor rules as provided in subrule 31.2(6).

e. The visit may be terminated at the will of the facility as provided in subrule 31.2(8).

This rule is intended to implement Iowa Code chapter 229A.

Iowa Admin. Code r. 441-31.2

ARC 9646B, lAB 8/10/11, effective 10/1/11

Amended by IAB April 6, 2022/Volume XLIV, Number 20, effective 6/1/2022