Section 749.1015 - Under what circumstances may I conduct a search for prohibited items or items that endanger a child's safety?(a) A child's possessions must be free of unreasonable searches and unreasonable removal of personal items.(b) You may search a child, his possessions, or his room only when you have reasonable suspicion: (1) Of the presence of a prohibited item or an item that endangers the child's safety;(2) That the child made suicidal threats or threatened to hurt himself or others; or(3) That the child or children was involved in theft.(c) Only a caregiver may conduct searches that involve the removal of clothing, other than outer clothing, such as coats, jackets, hats, gloves, shoes, or socks.(d) If a search of a child who is five years old or younger involves the removal of clothing (other than outer clothing), another adult must witness the search.(e) If a search of a child who is over the age of five involves the removal of clothing (other than outer clothing), an adult of the same gender must witness the search.(f) The caregiver must ensure that other children do not witness a search that involves the removal of clothing, other than outer clothing.26 Tex. Admin. Code § 749.1015
The provisions of this §749.1015 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909