(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.
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Source Note: The provisions of this §749.1015 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909 |