Current through Register Vol. 56, No. 18, September 16, 2024
(a) Facilities may
conduct searches for weapons or contraband, provided that they maintain on file in
the facility written policies and procedures that are consistent with the
requirements of this chapter.
1. The facility
shall define contraband to include illegal drugs, unauthorized property, stolen
property or items otherwise obtained illegally.
2. The facility shall post the policy in an area
conspicuous to children, explain the policy and distribute copies of the written
policy to children and their parents upon admission and when changes are made to the
policy.
3. The facility shall specify
the actions that it will take when weapons or contraband are found.
(b) The facility shall prohibit all
staff members, consultants and volunteers from strip searching a child for any
reason.
(c) The facility shall permit
frisk searches (surface searches of the outer clothing) of a child only when there
is reasonable suspicion that the child is in possession of a weapon.
1. The facility shall prohibit staff members from
reaching into a child's pockets unless the frisk search confirms the reasonable
belief that the child is in possession of a weapon.
2. The facility shall not frisk search a child who
is suspected of possessing contraband other than a weapon, but may frisk search a
child who is suspected of possessing illegal drugs when:
i. The facility has met the requirements, as
specified in (d) below;
ii. The child
refuses to empty his or her pockets or belongings; and
iii. The police refuse to respond to the
facility's request to conduct a lawful search.
3. The facility shall not frisk search a child who
is suspected of possessing contraband other than a weapon or illegal
drugs.
4. The facility shall ensure that
a frisk search is conducted:
i. In the presence of
two staff members, one of whom has supervisory or administrative responsibilities in
the facility; and
ii. Only by staff
members of the same sex as the child. If same sex staff members are not available,
staff members shall provide one-to-one supervision of the child, until the search
can be properly conducted.
5.
The facility may choose to use an electronic "wand" or other similar noncontact
device on a child who is suspected of possessing a weapon.
i. The facility shall obtain written approval from
the Office of Licensing for the use of an electronic "wand" or other noncontact
device prior to its use with children;
ii. The facility shall maintain on file a written
policy that outlines the use of an electronic "wand" or other similar noncontact
device;
iii. The facility shall inform
children and parent(s) that an electronic "wand" or other similar noncontact device
may be used to search for a weapon; and
iv. All staff members who use an electronic "wand"
or other similar noncontact device shall be instructed in its use.
(d) When the facility has
reasonable suspicion that a child is carrying illegal drugs or other contraband in a
garment, pocket, purse, or other possession within the child's immediate control,
the facility shall ensure that the staff member:
1. Asks the child to empty voluntarily any
garment, pocket, purse or other possession;
2. Inspects all such items that are in plain view;
and
3. If necessary, summons a law
enforcement officer to conduct a lawful search of the possessions within the child's
immediate control whenever the child refuses a voluntary search by the facility
staff member.
(e) If a
facility 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 facility may conduct an unannounced search if:
1. The facility has explained and documented this
practice to the child and his or her parents, as specified in 3A:55-3.2 and
3.6;
2. The search is conducted in the
presence of two staff members, one of whom has supervisory or administrative
responsibility; and
3. The facility
allows the child an opportunity to be present during a 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, as specified in (e) above, the facility shall verify which
child is responsible for any weapon or contraband brought into the facility before
imposing a disciplinary action or sanction on the child.
(g) Before a facility conducts a blood or urine
screening on a child to determine substance abuse, the facility shall ensure that:
1. Substance abuse screenings are conducted only
under the following limited circumstances:
i. When
screening is ordered by the court;
ii.
When the facility is specifically designated as a drug treatment facility;
or
iii. When ordered by a physician who
has determined that such screening is necessary through review of the child's
previous case history and current behavior; and
2. Substance abuse screenings are conducted only
if:
i. The facility has informed the child and
parents, if available, beforehand about the screening;
ii. The facility uses a licensed laboratory,
clinic or an FDA-approved home drug screening/testing kit to conduct the screening,
including drawing the sample and completing the analysis;
iii. The facility ensures that the child has
privacy when a urine sample is collected, unless the facility documents that the
child has a history of falsifying samples. If the child has such a history, the
facility shall request appropriate medical staff or a staff member from the facility
of the same sex as the child to witness or verify that the child is not falsifying
samples; and
iv. The facility verifies
the accuracy of all positive tests through a second screening; and
3. Substance abuse screenings are
discontinued whenever previous screenings result in three consecutive negative
readings after the initial positive reading was documented, unless a court order
requires continued screenings.
(h) The facility shall maintain on file an
incident report for every instance involving a frisk search, the use of an
electronic "wand" or other similar noncontact device, a staff member's request for a
child to empty a possession within the child's immediate control, a room search
resulting in the discovery of weapons, illegal drugs or other contraband, and blood
or urine screening.
