Current through Register Vol. 56, No. 18, September 16, 2024
(a) Shelter facilities
and shelter homes may conduct searches for weapons or contraband, provided that they
maintain on file in the shelter facility or shelter home written policies and
procedures that are consistent with the requirements of this chapter.
1. The shelter facility or shelter home shall
define contraband to include illegal drugs, unauthorized property, stolen property,
or items otherwise obtained illegally.
2. The shelter facility or shelter home shall
explain the policy and distribute copies of the written policy to children and their
parents upon admission.
3. The shelter
facility or shelter home shall specify the actions that it will take when weapons or
contraband are found.
(b)
Search procedure for a weapon(s):
1. A shelter
facility staff member or shelter home parent shall be permitted to frisk search
(surface search of outer clothing) a child only when there is reasonable suspicion
that the child is in possession of a weapon(s).
2. A shelter facility staff member or shelter home
parent shall be prohibited from reaching into a child's pockets unless the frisk
search indicates that there is reasonable belief that the child is in possession of
a weapon(s).
3. The shelter facility or
shelter home shall complete and keep on file an incident/accident report for every
incident involving the frisk searching of a child.
(c) Search procedure for illegal drugs or
contraband:
1. A shelter facility staff member or
shelter home parent shall be prohibited from frisk searching a child who is
suspected of possessing illegal drugs or contraband.
2. A shelter facility staff member or shelter home
parent who has reasonable suspicion that a child is in possession of illegal drugs
or contraband shall request that the child voluntarily empty a garment pocket(s), a
bag, a purse, or other such items within a child's possession or control. If the
child complies with the request, the shelter facility staff member or shelter home
parent shall inspect all items that are in plain view while in the presence of a
second staff member or shelter home parent. The staff member or shelter home parent
shall be prohibited from conducting an exploratory search of another garment
pocket(s) or other compartment(s) of a bag or a purse without the voluntary
permission of the child.
3. If a child
refuses a voluntary request to empty a garment pocket(s), a bag, a purse, or other
such item, the shelter facility staff member or shelter home parent shall summon a
law enforcement officer to conduct a lawful search of the child.
(d) A shelter facility staff member or
shelter home parent shall be prohibited from strip searching a child for any
reason.
(e) If a shelter facility or
shelter home has reasonable suspicion that a child's room or other possessions not
within a child's immediate possession or control, contain contraband, stolen
property, or weapons, the shelter facility staff or shelter home parent may conduct
an unannounced search if:
1. The shelter facility
staff or shelter home parent explains and documents this practice to the child and
his or her parents;
2. The search is
conducted in the presence of two staff members or shelter home parents, one of whom
has supervisory or administrative responsibility; and
3. The shelter facility or shelter home shall
allow the child, if the child is present in the shelter at the time of a search, an
opportunity to observe the search. If the child declines the opportunity, the staff
members may conduct the search in the child's absence.
(f) When unannounced room searches occur, pursuant
to (e) above, the shelter facility or shelter home shall verify which child is
responsible for any weapon or contraband brought into the shelter facility before
imposing a disciplinary action or sanction on the child.
