| (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 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 was involved in theft.
(c) Residential treatment centers and emergency care
services programs may conduct routine searches (such as upon return
from a home visit or return from school) as long as the routine searches
are:
(1) Justified in your policies;
(2) Conducted uniformly; and
(3) Do not involve the removal of clothing, other than
outer clothing, such as coats, jackets, hats, gloves, shoes, or socks.
(d) Only a caregiver of the same gender as the child
may conduct a search that involves the removal of clothing, other
than outer clothing, such as coats, jackets, hats, gloves, shoes,
or socks.
(e) If a search involves the removal of clothing (other
than outer clothing), a second caregiver 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.
|
| Source Note: The provisions of this §748.1113 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909 |
