- A. If the licensee permits a property search of a child in care, the licensee shall have a written policy that conforms to the requirements in this Chapter and approved by the Department. The written policy shall describe the conditions warranting a property search and the procedures for conducting the search, including the use of electronic scanning devices or metal detectors.
B. The licensee shall not search a child in care unless the licensee has a reasonable belief that the child is concealing an object that places themselves or others at risk or harm, including a weapon, an illegal substance, or a cell phone which is being used inappropriately.
- 1. When searching a child, staff shall use the minimum amount of physical contact required to determine if the child has a weapon or illegal substance.
- 2. The licensee shall not use any instruments to search a child except approved metal detector or electronic scanning devices.
- 3. The licensee shall not conduct a strip search.
- 4. The licensee shall not conduct an internal body cavity search on a child.
- 5. Unless a licensed medical professional is searching a child, a person of the same gender as the child shall do the search.
Historical Note
New Section made by final rulemaking at 29 A.A.R. 2231 (September 29, 2023), effective November 6, 2023 (Supp. 23-3).