Ariz. Admin. Code § R21-7-228 - Property and Personal Searches

A. If the licensee permits a property search of a child in care, the licensee shall have a written policy that conforms to the requirements in this Chapter and approved by the Department. The written policy shall describe the conditions warranting a property search and the procedures for conducting the search, including the use of electronic scanning devices or metal detectors.

B. The licensee shall not search a child in care unless the licensee has a reasonable belief that the child is concealing an object that places themselves or others at risk or harm, including a weapon, an illegal substance, or a cell phone which is being used inappropriately.

1. When searching a child, staff shall use the minimum amount of physical contact required to determine if the child has a weapon or illegal substance.

2. The licensee shall not use any instruments to search a child except approved metal detector or electronic scanning devices.

3. The licensee shall not conduct a strip search.

4. The licensee shall not conduct an internal body cavity search on a child.

5. Unless a licensed medical professional is searching a child, a person of the same gender as the child shall do the search.

Notes

Ariz. Admin. Code § R21-7-228

New Section made by final rulemaking at 29 A.A.R. 2231, effective 11/6/2023.