Rule 37.98.813 - PROGRAM REQUIREMENTS: SEARCHES(1) The provisions of this rule apply to all searches by program staff of youth and their personal property, including searches of personal correspondence.(2) Youth may not be subjected to a search of the youth's person, personal property or correspondence unless there is reasonable cause to believe that the search will result in discovery of contraband, or unless there is reasonable cause to believe that the search is necessary to alleviate a threat of harm to the youth, other youths, or staff. The facts and circumstances supporting a determination of reasonable cause for the search must be documented in the youth's file.(3) Any correspondence search must be conducted in the presence of the youth.(4) The program shall adopt policies relating to searches, including pat down searches, personal property searches and correspondence searches. The policies must include the following: (a) a protocol for conducting personal property searches when the youth is not available to be present for the search; and(b) a procedure for documenting all searches, reasons for the search, who conducted the search and the results of the search.(5) Youth may not be subjected to any of the following intrusive acts: (b) body cavity searches; or(6) Youth may be not subjected to urinalysis testing unless the testing has been ordered by a court, is required pursuant to a case plan for monitoring drug or alcohol use, as approved by the parent or legal guardian, or requested by the youth's parent or legal guardian. The following requirements must be met by the program utilizing urinalysis testing: (a) Prior to any testing, the program shall adopt policies which address, at a minimum, procedures for obtaining samples for urinalysis testing.(b) Staff shall document compliance with program policies in connection with each testing.Mont. Admin. r. 37.98.813
NEW, 2004 MAR p. 1960, Eff. 8/6/04.Sec. 50-5-220, MCA, IMP, Sec. 50-5-220, MCA;