Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
Subchapter G - CHILDREN'S RIGHTS
Section 749.1015 - Under what circumstances may I conduct a search for prohibited items or items that endanger a child's safety?

Universal Citation: 26 TX Admin Code § 749.1015

Current through Reg. 50, No. 13; March 28, 2025

(a) A child's possessions must be free of unreasonable searches and unreasonable removal of personal items.

(b) You may search a child, his possessions, or his room only when you have reasonable suspicion:

(1) Of the presence of a prohibited item or an item that endangers the child's safety;

(2) That the child made suicidal threats or threatened to hurt himself or others; or

(3) That the child or children was involved in theft.

(c) Only a caregiver may conduct searches that involve the removal of clothing, other than outer clothing, such as coats, jackets, hats, gloves, shoes, or socks.

(d) If a search of a child who is five years old or younger involves the removal of clothing (other than outer clothing), another adult must witness the search.

(e) If a search of a child who is over the age of five involves the removal of clothing (other than outer clothing), an adult of the same gender must witness the search.

(f) The caregiver must ensure that other children do not witness a search that involves the removal of clothing, other than outer clothing.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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