North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 28 - MENTAL HEALTH, STATE OPERATED FACILITIES AND SERVICES › Subchapter C - DIGNITY AND RESPECT › Section .0300 - PRIVACY AND PERSONAL FREEDOM › Section 28C .0307 - SEARCH AND SEIZURE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In keeping with
				  10A NCAC
				  28A Section .0300, which requires all state
				  facilities to have a plan for explaining rights to both clients and state
				  facility employees, state facility employees shall notify the client and his
				  legally responsible person of the policy on search and seizure, including the
				  provisions of this Rule and Rules .0308 and .0309 of this Section at the time
				  of admission.
(b) Authorized
				  searches by state facility employees are as follows:
(1) State facility employees may search the
				  client and the client's possessions at the time of the client's admission to
				  the state facility. At the time of admission, the client may place personal
				  items in a storage area which is secure. The state facility employees shall
				  record in the personal property inventory the items placed in storage which
				  shall be counter-signed by the client. The original of the personal property
				  inventory shall be maintained by the state facility, and a copy shall be given
				  to the client or his legally responsible person.
(2) State facility employees may search a
				  client and the client's possessions when the client is returning to the state
				  facility from an off-campus visit or after the client has received visitors,
				  when it is reasonable to believe a client may have items in his possession that
				  are dangerous, illegal or otherwise prohibited by the state facility.
(3) State facility employees may search a
				  client, the client's possessions or the client's living area if the state
				  facility employees have good, substantial and reliable cause to believe that
				  the client has been drinking or using drugs or has dangerous or stolen articles
				  or substances. Situations justifying such a search may include, but are not
				  necessarily limited to, the following:
(A)
				  when drinking, drug abuse or possession of dangerous articles or substances has
				  been witnessed by state facility employees, reported by another client or
				  another reliable informant, or is clearly indicated by surrounding
				  circumstances;
(B) when
				  inappropriate changes in the client's behavior are observed or reported, such
				  as slurred speech, ataxia, odor of alcohol, and disruptive behaviors, excluding
				  expected changes due to prescribed psychotropic medication;
(C) when a breathalyzer test or urine drug
				  screen results in a positive reading [A breathalyzer test or drug screen will
				  be administered by nursing staff when appropriate as indicated by the
				  circumstances in Subparagraphs (b)(3)(A) and (B) of this Rule or ordered by a
				  licensed physician.]; or
(D) when a
				  stolen item has been witnessed by state facility employees, reported by another
				  client or other reliable informant or is clearly indicated by surrounding
				  circumstances and no criminal charges are anticipated.