(a) The facility shall have written policies and procedures regulating the search of juveniles being admitted into the facility and residents already within the facility's population.
(b) Residents shall be subjected only to the following searches:
  (1) a pat-down search, conducted by same-gender staff, as necessary for facility safety and security;
  (2) an oral cavity search to prevent concealment of contraband and to ensure the proper administration of medication;
  (3) a strip search based on the reasonable belief that the resident is in possession of contraband or reasonable belief that the resident presents a threat to the facility's safety and security;
    (A) a strip search shall be limited to a visual observation of the resident and shall not involve the physical touching of a resident;
    (B) a strip search shall be performed in an area that ensures the privacy and dignity of the resident; and
    (C) a strip search shall be conducted by a staff member of the same gender as the resident being searched; and
  (4) an anal or genital body cavity search only if there is probable cause to believe the resident is concealing contraband;
    (A) an anal or genital body cavity search shall be conducted only by a physician or physician assistant. The physician or physician assistant shall be of the same gender as the resident, if available;
    (B) all anal and genital body cavity searches shall be conducted in an office or room designated for medical procedures; and
    (C) all anal and genital body cavity searches shall be documented and the documentation shall be maintained in the resident's file.
(c) Staff members conducting searches shall:
  (1) not touch residents any more than is necessary to conduct a comprehensive search;
  (2) make every effort to prevent embarrassment or humiliation of resident;
  (3) refrain from excessively forceful touching, prodding, or probing that may cause pain or injury;
  (4) refrain from search techniques that may resemble fondling, especially in the area of the resident's breasts, genitalia, and buttocks; and
  (5) conduct themselves in a professional manner and refrain from making inappropriate remarks or comments about the search process, the resident being searched, or the resident's body or physical appearance. Staff members' communications during the search shall be limited to the verbal instructions and requests necessary to conduct an effective and efficient search and to provide for resident, staff, and facility safety.
(d) Probable cause for an anal or genital body cavity search shall be documented. This documentation shall include:
  (1) name of the resident searched;
  (2) date and time of the search;
  (3) probable cause justifying the search;
  (4) name and title of the physician conducting search; and
  (5) contraband found, if applicable.

Source Note: The provisions of this §343.260 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243