(a) A strip search may be conducted on a youth upon initial admission to a facility as part of routine procedure and without individualized reasonable suspicion to believe that a particular client is in possession of:
- (1) A weapon;
- (2) Drugs; or
- (3) Contraband.
(b) After the initial admission to the facility, a client may be subject to a strip search conducted as part of routine procedure and without individualized reasonable suspicion in the following readmission situations unless the client has been continuously observed by the Division of Youth Services or provider program employees from the time the client leaves the facility until the client returns to the facility:
- (1) Transportation from court;
- (2) Transportation from medical appointments;
- (3) Transportation from hospital visits;
- (4) Transportation from a youth detention facility or program;
- (5) Return after the client’s liberty has been revoked;
- (6) Return from an unsupervised pass outside the facility; or
- (7) Transportation from another state agency.
- (c) A client may be subject to a strip search conducted as part of routine procedure and without individualized reasonable suspicion after a contact visit that is not a professional visit.
(d) Strip searches may be conducted when staff has individualized reasonable suspicion to believe that a particular client is in possession of:
- (1) A weapon;
- (2) Drugs; or
- (3) Contraband.
(e)
(1) Strip searches shall be conducted:
- (A) By personnel of the same gender as the client; and
- (B) In the presence of a witness.
- (2) Strip searches must, to the extent possible, be conducted in an area which is not observable by others.
(3) If the witness is of a different gender than the client being searched, the witnessing staff:
- (A) Must be positioned so they can only observe the staff conducting the search; and
- (B) May not assist in the search.
(f)
- (1) Staff shall ask the client to remove his or her clothing and conduct an inspection of the client’s removed clothing.
- (2) Staff shall not touch a client as part of a strip search.
- (3) Staff shall conduct a visual inspection of the client in the manner that they have been trained pursuant to Division of Youth Services policy, “Training and Professional Development”.
- (4) The training curriculum shall be prepared by the Division of Youth Services Director of Training and approved by the Division of Youth Services Assistant Director of Residential Operations.
- (5) Staff who have not been trained in strip search techniques will not strip search a client except in an emergency.
(g)
- (1) Each time a client is strip searched, staff performing the strip search shall complete a body map diagram.
(2) Items noted on the body map shall include without limitation:
- (A) Bruises;
- (B) Cuts;
- (C) Swelling;
- (D) Amputations;
- (E) Bandages;
- (F) Casts;
- (G) Scars;
- (H) Tattoos;
- (I) Injuries;
- (J) Discolorations;
- (K) Birthmarks;
- (L) Scratches;
- (M) Piercings; or
- (N) Any other marks.
(3)
- (A) During any subsequent strip searches, the staff shall compare the client’s condition with the most recent body map.
- (B) If the staff observes new physical characteristics during a strip search, staff shall update the body map.
- (C) Staff doing the strip search shall report to the clinical staff any indicia of:
(i) Physical abuse;
(ii) Self-abuse;
(iii) Drug use;
- (iv) Ill health; or
- (v) Other condition that may require medical or other professional attention.
(h) Any contraband, weapons, or drugs discovered during a strip search shall be:
- (1) Documented in a search log to be kept at each facility; and
(2) Confiscated.
- (i) While conducting a strip search, if staff discover evidence leading them to believe that a client has been abused or neglected, staff shall report to the Division of Arkansas State Police, Child Abuse Hotline.