ARM 37.106.3239. SEARCHES

(1) The provisions of this rule apply to all searches by facility staff of the resident’s person and personal property, including searches of personal correspondence. The facts and circumstances supporting a determination of reasonable cause for the search must be documented in the resident’s file. (2) Residents may not be subjected to any search except as follows: (a) there is reasonable cause to believe that the search will result in discovery of contraband; (b) there is reasonable cause to believe that the search is necessary to alleviate a threat of harm to the resident, other individuals, or staff; or (c) there is a court order/parole order in the resident’s case record allowing for searches. (3) The facility must have written policies and procedures relating to searches, including pat-down searches, personal property searches, correspondence searches, urinalysis testing, and breathalyzer testing. The policies must include the following: (a) a procedure for documenting all searches, reasons for the search, who conducted the search, and the results of the search; (b) notification of the search policy to the parent or legal guardian and resident at time of admission; (c) a protocol for conducting personal property searches when the resident is not available to be present for the search; (d) the consequences to a resident when contraband is located; (e) description of what happens to contraband which has been located; and (f) pat-down searches on residents, which must be conducted by staff persons of the same sex. (4) Staff must be trained in the proper protocol for all searches. Training must be documented in staff's personnel record. (5) Residents may not be subjected to any of the following intrusive acts: (a) strip searches; (b) body cavity searches; or (c) video surveillance except in common areas such as the living room, kitchen, and hallways. (6) The facility must have written policies and procedures prior to use of urinalysis testing for the purpose of determining drug and alcohol use which include: (a) procedures for obtaining samples for urinalysis testing; (b) procedures for processing urinalysis testing; and (c) consequence to the resident when a urinalysis is positive. (7) The facility must have written policies and procedures prior to use of breathalyzer testing for the purpose of determining drug and alcohol use which include: (a) procedures for operating the breathalyzer; and (b) consequences to the resident when a breathalyzer is positive. (8) Residents may not be subjected to urinalysis or breathalyzer testing unless the testing: (a) has been ordered by a court; (b) is required pursuant to a case plan for monitoring alcohol use, as approved by the parent or legal guardian; or (c) is requested by the resident’s parent or legal guardian, probation, parole, or correctional officer. (9) The facility must notify the resident’s parent or legal guardian within 24 hours of every search, urinalysis testing, or breathalyzer testing performed on the resident and the results. (10) Staff shall document compliance with facility policies and procedures in connection with each search, urinalysis testing, or breathalyzer testing.