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37.97.820    YOUTH SHELTER CARE: PROGRAM REQUIREMENTS, SEARCHES

(1) The provisions of this rule apply to all searches by shelter care facilities of youth and their personal property, including searches of personal correspondence.

(2) There must be reasonable cause for any search.

(3) Any correspondence search shall be conducted in the presence of the youth.

(4) The shelter care facility shall adopt policy relating to searches, including pat down searches, personal property searches and correspondence searches. The policy must include protocol for conducting personal property searches when the youth is not available to be present for the search. The policy must also require that the events of each search are documented in writing.

(5) No youth shall be subjected to any of the following intrusive acts:

(a) strip searches;

(b) body cavity searches;

(c) video surveillance; or

(d) routine opening of personal correspondence.

(6) No youth shall be subject to urinalysis testing unless the testing has been ordered by a court or is required pursuant to a treatment plan for monitoring drug or alcohol use. The following requirements must also be met by shelter care facilities utilizing urinalysis testing:

(a) prior to any testing, the provider shall adopt policy which addresses, at a minimum, procedures for obtaining samples for urinalysis testing; and

(b) staff shall document compliance with facility policy in connection with each testing.

History: Sec. 41-3-1103, 41-3-1142 and 52-2-111, MCA; IMP, Sec. 41-3-1142 and 52-2-113, MCA; NEW, 1998 MAR p. 489, Eff. 2/13/98; TRANS, from DFS, 1998 MAR p. 663.

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