| (a) The facility shall have written policies and procedures
regulating the search of juveniles being admitted into the facility
and residents already within the facility's population.
(b) Residents shall be subjected only to the following
searches:
(1) a pat-down search, conducted by same-gender staff,
as necessary for facility safety and security;
(2) an oral cavity search to prevent concealment of
contraband and to ensure the proper administration of medication;
(3) a strip search based on the reasonable belief that
the resident is in possession of contraband or reasonable belief that
the resident presents a threat to the facility's safety and security;
(A) a strip search shall be limited to a visual observation
of the resident and shall not involve the physical touching of a resident;
(B) a strip search shall be performed in an area that
ensures the privacy and dignity of the resident; and
(C) a strip search shall be conducted by a staff member
of the same gender as the resident being searched; and
(4) an anal or genital body cavity search only if there
is probable cause to believe the resident is concealing contraband;
(A) an anal or genital body cavity search shall be
conducted only by a physician or physician assistant. The physician
or physician assistant shall be of the same gender as the resident,
if available;
(B) all anal and genital body cavity searches shall
be conducted in an office or room designated for medical procedures;
and
(C) all anal and genital body cavity searches shall
be documented and the documentation shall be maintained in the resident's
file.
(c) Staff members conducting searches shall:
(1) not touch residents any more than is necessary
to conduct a comprehensive search;
(2) make every effort to prevent embarrassment or humiliation
of resident;
(3) refrain from excessively forceful touching, prodding,
or probing that may cause pain or injury;
(4) refrain from search techniques that may resemble
fondling, especially in the area of the resident's breasts, genitalia,
and buttocks; and
(5) conduct themselves in a professional manner and
refrain from making inappropriate remarks or comments about the search
process, the resident being searched, or the resident's body or physical
appearance. Staff members' communications during the search shall
be limited to the verbal instructions and requests necessary to conduct
an effective and efficient search and to provide for resident, staff,
and facility safety.
(d) Probable cause for an anal or genital body cavity
search shall be documented. This documentation shall include:
(1) name of the resident searched;
(2) date and time of the search;
(3) probable cause justifying the search;
(4) name and title of the physician conducting search;
and
(5) contraband found, if applicable.
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