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Virginia Administrative Code (Last Updated: January 10, 2017) |
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Title 12. Health |
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Agency 35. Department of Behavioral Health and Developmental Services |
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Chapter 46. Regulations for Children's Residential Facilities |
Section 890. Searches
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A. Strip searches and body cavity searches are prohibited except:
1. As permitted by other applicable state regulations; or
2. As ordered by a court of competent jurisdiction.
B. A provider that does not conduct pat downs shall have a written policy prohibiting them.
C. A provider that conducts pat downs shall develop and implement written policies and procedures governing them that shall provide that:
1. Pat downs shall be limited to instances where they are necessary to prohibit contraband;
2. Pat downs shall be conducted by personnel of the same gender as the resident being searched;
3. Pat downs shall be conducted only by personnel who are specifically authorized to conduct searches by the written policies and procedures; and
4. Pat downs shall be conducted in such a way as to protect the resident's dignity and in the presence of one or more witnesses.
Historical Notes
Derived from Volume 25, Issue 21, eff. August 6, 2009.