New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 450 - Limited Secure Facilities for Youth in the Custody of Social Services Districts › Section 450.8 - Searches

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A limited
			 secure facility must have a written search policy approved by the office which
			 must address the types of searches that may be conducted, the circumstances
			 under which searches may be conducted, necessary documentation of searches,
			 reporting of searches to the office, and other topics as required by the
			 office.
(b) A limited secure
			 facility may conduct pat-frisk searches of youth and searches of youths' rooms
			 and other areas of the facility on a routine basis in accordance with the
			 written search policy approved by the office, which must specify the frequency
			 of such routine searches. A limited secure facility also may conduct other
			 types of approved personal searches on a routine basis when a youth is admitted
			 to the facility as part of a new placement or upon readmission to the facility
			 as a result of a revocation of the youth's aftercare status in accordance with
			 a written policy approved by the office as part of the facility's search
			 policy.
(c) Except for routine
			 searches authorized in accordance with subdivision (b) of this section, all
			 other pat-frisk and other approved personal searches of youth and searches of
			 youths' rooms and other areas of the facility may only occur with the prior
			 approval of the facility director or designee upon documentation that
			 reasonable suspicion exists that contraband is hidden on the youth, or within
			 the area to be searched, as applicable.
(d) Personal searches of youth shall be
			 conducted by personnel of the same gender or gender identity of the youth
			 unless exigent circumstances exist and must be conducted in the presence of a
			 supervisor and/or another child care staff member in accordance with the
			 facility search policy.
(e) Every
			 possible effort must be made to have the youth physically present whenever the
			 youth's room, locker or possessions are searched. If this is impossible because
			 the youth is not present and there is reasonable cause to believe that a
			 person(s) at the facility will be endangered by waiting for the youth to
			 return, the youth shall be notified at the earliest possible time that a search
			 has been made and whether any material has been confiscated.
(f) Youth shall be provided with a written
			 notice specifying any materials confiscated during a room search.
(g) Any contraband found during a search
			 shall be confiscated, logged and stored in a secure manner or turned over to
			 the proper authorities in accordance with the facility's approved search
			 policy.
(h) The time of each
			 search, specific area searched, staff members conducting the search, and
			 results of the search shall be documented both in the youth's record and in a
			 separate facility search documentation log. Each personal search of a youth and
			 of the youth's room shall also be documented in the youth's case
			 record.
(i) Body cavity searches
			 are prohibited.