Or. Admin. Code § 416-420-0030

Current through Register Vol. 63, No. 11, November 1, 2024

Section 416-420-0030 - Visits with Youth in Custody

(1) Prior authorization by OYA is required for all persons who request to visit a youth in custody, in compliance with these rules and OYA policy.

(2) Staff will consider all requests from individuals who request to visit a youth in custody and allow or deny the visit on the basis of the interests of the security and order of the facility and what would best benefit the youth in custody. When making a determination about whether to allow visitation, staff will consider:

(a) Facility security and order;

(b) The relationship that exists between the youth in custody and the visitor;

(c) The youth in custody's case plan;

(d) The goals for the visit;

(e) The youth in custody's wishes;

(f) Orders of the court; and

(g) The recommendation of the Department of Corrections (DOC) (for youth in custody who are in the physical custody of OYA and legal custody of DOC).

(3) Visitation with youth in custody is limited to those persons who are integral to the youth in custody's case plan. Those persons typically include:

(a) Family members, including but not limited to: parents, siblings, children of youth in custody, legal guardians, members of stepfamilies, surrogate parents, or grandparents;

(b) Attorney for the youth in custody (subject to OAR chapter 416, division 150);

(c) Persons involved in treatment planning, including but not limited to mentors, transition resources, or placement options; and

(d) Other persons, as approved on a case-by-case basis.

(4) Any person may be denied visitation with a youth in custody for the following reasons:

(a) The person does not have prior authorization to visit a youth in custody;

(b) The person appears to be intoxicated, under the influence of a controlled substance, or otherwise behaving in an unlawful or inappropriate manner;

(c) The person has abused or may abuse a youth in custody;

(d) The person has encouraged the youth in custody to violate the law or disobey OYA rules, policies, procedures, or protocols;

(e) There is reasonable cause to believe the person intends to aid a youth in custody in escaping;

(f) The person has violated OYA rules, policies, procedures, or protocols;

(g) The person has interfered with the good order, security, or operations of the facility and there is reasonable cause to believe the person will do so again;

(h) The time of the person's visit interferes with daily programming;

(i) The visit interferes with the youth in custody's overall reformation;

(j) The committing court, DOC, or Community Corrections has ordered that the person not visit;

(k) The youth in custody or the youth in custody's parent or legal guardian has requested that the person not visit;

(l) The person is a former OYA staff, volunteer, or contractor who engaged in an inappropriate relationship with a youth in custody;

(m) The person is on supervision in the community by any supervising authority; or

(n) The person has an active warrant.

(5) If a request for visitation is denied, OYA will provide the requestor and the affected youth in custody with a written statement of the determination. A youth in custody may appeal the decision using the grievance process outlined in OAR chapter 416, division 20 and OYA policy. The requestor may appeal the decision in writing to the facility superintendent or camp director within 30 days of receiving the written statement of the determination.

(6) Persons who visit youth in custody are subject to the following standards:

(a) Visitors ages 13 and older must present valid photo identification;

(b) Visitors must arrange with facility staff prior to the scheduled visitation if they wish to bring personal items or gifts to the youth in custody;

(c) Visitors less than the age of 18 must be accompanied by his/her parent or guardian;

(d) Visitors must comply with the visitation schedule for each facility, including the day, time, and length of visit allowed, and check-in at the designated reception area;

(e) The number of visitors will be limited if space, supervision, or security require it;

(f) Visitors will wear conventional clothing in a manner which is not unduly suggestive, in accordance with facility protocol, and which does not pose a threat to the safety, security, health, treatment, or good order of the facility. Clothing that is revealing, such as shorts higher than mid-thigh, low cut blouses, shoulder straps less than one inch wide or clothing that exposes the stomach, back, or other areas is prohibited. Clothing that displays or suggests the use of alcohol, drugs, or profanity is prohibited. Clothing, hairstyles, insignias, or other paraphernalia associated with street gangs is prohibited. Footwear must be worn;

(g) Visitors will not exchange any object or article with a youth in custody;

(h) Visitors will control children and remove them from the visiting area if necessary to avoid disturbing other visitors;

(i) Minor children or animals will not be left unattended in cars or on institution property; and

(j) Neither a visitor nor a youth in custody will be permitted to visit with a person who is not specifically authorized for the current visit.

(7) Requests from media representatives to visit a youth in custody are subject to the provisions of OAR chapter 416, division 060.

Or. Admin. Code § 416-420-0030

OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 22-2005, f. & cert. ef. 9-19-05; OYA 6-2011, f. 9-14-11, cert. ef. 9-15-11; OYA 14-2023, amend filed 05/08/2023, effective 5/8/2023

Statutory/Other Authority: ORS 420A.025

Statutes/Other Implemented: ORS 420.011, ORS 420A.010, ORS 420A.010 & ORS 420A.100