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RevBaro

Liability for officiating marriage in a state facility?

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The Texas Department of Criminal Justice Administrative Directive Number AD-03.42 (rev. 1); Date: July 28/2015; Page 1 of 10: Supersedes: AD-03.42 January 13, 2015

Subject:  Offender Marriages;  Authority: Tex. Fam. Code §§ 2.001-2.012, 2.202; Tex. Gov't code §§ 493.001, 493.006, 494.002; ED-02.04, "Texas Department of Criminal Justice Fundraising,: AD-03.72, "Offender Property;" TDCJ Visitation Plan;  American Correctional Association Standards 4-4293 and 4-4498; Applicability: Texas Dept of Criminal Justice (TDCJ); Policy:  Under Procedures:  Section II; A Officiant ...shall complete the Application of Person Requesting to Perform  Marriage (Attachment A) and submit it to the Access to Courts headquarters at least one week prior to the schedule marriage date.

 

What information is available regarding the subject matter?  

What are the liability issues for "signing this agreement"  for state facility and how does this document relate to "seperation of church and state"?  Is the Officiates signature an agreement with the facility a part of the prisoners permanet file?  Before, during and after ... what are the liabilty issues (pros and cons) for the officant and how does it effect the permanent record for the individual that is officiating?  It has been observed by some individuals (names shall remain unknown) when a person has been incarcerated it is a part of their permanent record and if criminal activity does arise an offender is a suspect then the associates not excluding ministers.  What kind of practical measures can be taken for risk management for the church, ministers, volunteers and members when relating to paroles and individuals that have been incarcerated?

Edited by RevBaro
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On 6/22/2018 at 3:31 AM, RevBaro said:

The Texas Department of Criminal Justice Administrative Directive Number AD-03.42 (rev. 1); Date: July 28/2015; Page 1 of 10: Supersedes: AD-03.42 January 13, 2015

Subject:  Offender Marriages;  Authority: Tex. Fam. Code §§ 2.001-2.012, 2.202; Tex. Gov't code §§ 493.001, 493.006, 494.002; ED-02.04, "Texas Department of Criminal Justice Fundraising,: AD-03.72, "Offender Property;" TDCJ Visitation Plan;  American Correctional Association Standards 4-4293 and 4-4498; Applicability: Texas Dept of Criminal Justice (TDCJ); Policy:  Under Procedures:  Section II; A Officiant ...shall complete the Application of Person Requesting to Perform  Marriage (Attachment A) and submit it to the Access to Courts headquarters at least one week prior to the schedule marriage date.

 

What information is available regarding the subject matter?  

What are the liability issues for "signing this agreement"  for state facility and how does this document relate to "seperation of church and state"?  Is the Officiates signature an agreement with the facility a part of the prisoners permanet file?  Before, during and after ... what are the liabilty issues (pros and cons) for the officant and how does it effect the permanent record for the individual that is officiating?  It has been observed by some individuals (names shall remain unknown) when a person has been incarcerated it is a part of their permanent record and if criminal activity does arise an offender is a suspect then the associates not excluding ministers.  What kind of practical measures can be taken for risk management for the church, ministers, volunteers and members when relating to paroles and individuals that have been incarcerated?

Greetings to you my sister,

 

This is probably a question you are going to want to ask an attorney licensed in Texas to answer.  Either that, or contact the Main Office in Modesto and see if they have any insight about this rule.  Since each state has different rules, it's hard for someone like me for example in Wisconsin to know how a rule is interpreted and applied in Texas.  

 

In solidarity,

Rev. Calli

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if i remember the michigan statutes correctly,the only liability involved is on the person hiring the officant.they are responsible for paying the officiant.

i don't remember any applications involved,but the prison chaplain had to ok the officiant.

 

as far as anything being a permanent part of  their record,there is a notation that so and so was married on such and such a date.to the best of my knowledge,there is no copy of the marriage license kept in the files.

 

but as rev cali said,each state has their own laws.texas is one of the easier states to officiate in,but i would echo his suggestion about contacting a lawyer.

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