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016.15.5-421. PERSONAL SEARCHES

AR ADC 016.15.5-421Arkansas Administrative Code

West's Arkansas Administrative Code
Title 016. Department of Human Services
Division 15. Division of Children and Family Services
Rule 5. Licensing Requirements for Psychiatric Residential Treatment Facilities
400. Admissions
Ark. Admin. Code 016.15.5-421
016.15.5-421. PERSONAL SEARCHES
Currentness
A child's right to personal privacy shall be observed at all times. If it becomes necessary to conduct a search of a resident or resident's property the search shall be limited to the extent absolutely necessary to preserve the safety and security of residents and staff, and for no other reason.
A resident may be subjected to a search by a person of the same sex (including a clothing change and body cavity search) upon admission or return to the campus or from an absence during which no staff member was present. The search may be conducted when administrative intake or subsequent case documentation indicates:
1. the resident is or has been within six months prior to the admission either suicidal, homicidal, or physically and violently aggressive;
2. the resident uses controlled substances or has, within the past six months, used, sold, possessed or transferred controlled substances as evidence by:
a. hospital and or treatment documentation;
b. conviction or adjudication of conduct relating to controlled substances constituting delinquency or a criminal offense;
c. has been found to have a controlled substance on his or her person.
3. If the attending physician directs and consents to the search as a part of a routine medical protocol.
4. If there is reasonable cause to believe the resident is in possession of contraband. As used herein, contraband means prohibited personal property including, but not limited to, alcoholic beverages, controlled substances, weapons, and dangerous objects. A resident may be searched for contraband if said request is made by a staff member and approved by a supervisor stating:
a. the name and age of the resident to be searched;
b. the scope of the search;
c. the things constituting the object of the search and authorized to be seized;
d. the facts and circumstances constituting reasonable cause to believe the resident may be in possession of contraband.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.15.5-421, AR ADC 016.15.5-421
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