Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 151. Standards for Licensed Children's Residential Facilities

22VAC40-151-790. Searches.

A. Strip searches and body cavity searches are prohibited.

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 subject's dignity and in the presence of one or more witnesses.

Statutory Authority

§§ 63.2-217 and 63.2-1737 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 3, eff. January 1, 2009.

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