SECTION 748.1113. Under what circumstances may I conduct a search for prohibited items or items that endanger a child's safety?

(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 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 was involved in theft.

(c) Residential treatment centers and emergency care services programs may conduct routine searches (such as upon return from a home visit or return from school) as long as the routine searches are:

(1) Justified in your policies;

(2) Conducted uniformly; and

(3) Do not involve the removal of clothing, other than outer clothing, such as coats, jackets, hats, gloves, shoes, or socks.

(d) Only a caregiver of the same gender as the child may conduct a search that involves the removal of clothing, other than outer clothing, such as coats, jackets, hats, gloves, shoes, or socks.

(e) If a search involves the removal of clothing (other than outer clothing), a second caregiver 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 §748.1113 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909