26 Tex. Admin. Code § 749.1015
Under what circumstances may I conduct a search for prohibited items or items that endanger a child's safety?
Effective Jan 1, 200731 TexReg 7469Source 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.Texas Secretary of State
- (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.
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.