Conducting Cursory Searches

1200-504.00 | Revision Date: 07/01/14

Overview

This policy guide provides guidelines for conducting a Cursory Search when a youth, including a nonminor dependent, is brought or arrives on his/her own to the Youth Welcome Center (YWC).

TABLE OF CONTENTS

Policy

Cursory Searches

Weapons and Contraband

Procedure

Conducting Cursory Searches

YWC Staff Responsibilities

SCSW and ARA Responsibilities

Confiscating Contraband

YWC Staff Responsibilities

Safekeeping a Youth’s Cell Phone or Other Communication Device

YWC Staff Responsibilities

Documenting Cursory Searches

YWC Staff Responsibilities

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 10/10/12 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Cursory Searches

The use of Cursory Searches is the least intrusive means to ensure that youth do not bring contraband to the Youth Welcome Center (YWC).

For the purpose of this policy guide, a youth is considered a person under the age of eighteen (18) years old who:

• The Juvenile Court has retained jurisdiction of under Welfare and Institutions Code (WIC) Section 300

• Is newly detained

• Is a  nonminor dependent (NMD) and/or

• Is a young adult who may qualify to become a NMD

When a youth is brought to or arrives on his/her own to the YWC, a Cursory Search will take place for all youth by the security personnel assigned to the YWC. All Cursory Searches must be conducted:

• In a safe and respectful manner

• In a private area where the search will not be visible to other youth or staff

• In the presence of a YWC staff member of the same genderRefers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for boys and men or girls and women. These influence the ways that people act, interact, and feel about themselves. Gender is different from Sex in that Sex is assigned at birth. as the youth

A Cursory Search of a youth may include asking the youth to empty his/her pockets or backpack or the use of a magnetometer.

• The use of a magnetometer is meant to detect and confiscate contraband in the least invasive manner possible.

• A magnetometer is a handheld metal detector with automatic circuitry that will detect metal objects. It may have an audio signal, a visual alarm, or both.

• It should be waved close to the body of the person who is subject to a Cursory Search but not touch his/her body.

Searches are prohibited that require a security guard or YWC staff removing or arranging any of the youth’s clothing for a visual inspection of the youth’s underwear, genitals, buttocks, or breasts.

Back to Policy  

Weapons and Contraband

Weapons and contraband are prohibited in local public buildings, including the YWC:

Prohibited weapons include but are not limited to:

• Items that may be used as weapons, such as chains

• Pepper spray

• Razors or razor blades

• Steel toe boots

• Weapons, including firearms, deadly weapons, knives, and brass knuckles

Contraband items include but are not limited to:

• Aerosol paint containers, felt-tip markers, paint sticks, and/or other graffiti implements

• Alcohol

• Handcuffs

• Illegal drugs and/or drug paraphernalia

• Laser penlights

• Matches and/or lighters

• Narcotics

• Syringes

• Tobacco products

Security personnel will place found contraband items in a sealed envelope with the time, date, and description of the item(s). They will be asked to take custody of any and all weapons and/or illegal drugs. Security personnel will call law enforcement and will maintain custody of the item(s) in a manner that prevents tampering or substitution until received by law enforcement.

DCFS personnel will work closely with law enforcement as they evaluate whether any criminal charges should be pursued. The item(s) held will be stored in a locked container at the YWC, in view of security personnel and separate from personal property held by YWC staff.

Back to Policy  

PROCEDURE

Conducting Cursory Searches

YWC Staff Responsibilities

1. If a Cursory Search needs to be conducted, immediately notify the SCSW and ARA.

2. Upon his/her arrival at the YWC, have the youth remain with the security guard in the area designated for conducting Cursory Searches.

3. Tell the security guard that a Cursory Search needs to take place.

4. Inform the youth that he/she will be the subject of a Cursory Search for contraband.

1. Give the youth an opportunity to voluntarily turn over any contraband.

2. Inform the youth that the Cursory Search will consist of the following:

• Being asked, but not required, to empty the contents of his/her pockets.

• Allowing the inspection of his/her items, including backpacks, tote bags, purses, etc.

• Being subject to a magnetometer scan of his/her body.

5. If the youth refuses to comply with any part of the Cursory Search, immediately tell the SCSW and the ARA.

1. Document this youth’s refusal in the Contact Notebook.

2. If the youth continues to refuse to comply with the Cursory Search, contact law enforcement, and ask direction on how to continue.

3. Document the conversation with law enforcement in the Contact Notebook.

6. Use universal precautions when going through the youth’s belongings.

7. While in the presence of security guard, request that the youth:

1. Empty all of his/her pockets

2. Allow the inspection of his/her items

8. If the magnetometer is set-off during the scan of the youth, ask the youth to adjust his/her clothing, to open his/her jacket, and/or to expose the area where the magnetometer was set-off.

9. If any contraband is turned over by the youth or found, immediately tell the SCSW and the ARA, and refer to Confiscating Contraband.

SCSW and ARA Responsibilities

1. When necessary, help in completing the Cursory Search.

2. If the youth continues to refuse to comply with the Cursory Search, assist the CSW in contacting law enforcement for how to proceed.

Back to Procedure  

Confiscating Contraband

YWC Staff Responsibilities

1. Immediately tell the SCSW and the ARA that contraband was confiscated.

2. Sign your name across the sealed flap of the envelope containing the contraband item(s).

3. For small pocketknives and small Swiss Army knives found on a youth during a Cursory Search:

1. Put them in an envelope.

2. Seal it and write the youth’s name on it.

3. Lock the envelope in the designated locked file for return to the youth when he/she leaves the YWC.

4. Tell the youth that items such as lighters, matches, and cigarettes will be returned to him/her when he/she leaves the YWC, unless he/she is restricted from having the item(s) returned to him/her. In cases where the youth is a nonminor dependent (NMD), these items must be returned to them.

1. If the youth is restricted from having these items, throw them in the trash.

5. If the Cursory Search reveals drugs, and the youth claims that the drugs are his/her prescribed medication, including medical marijuana:

1. Ask the youth if he/she knows:

• The name of the medication

• The dosage

• How long he/she has been taking it

2. The name, address and telephone number of the doctor prescribing the medication

3. Try to verify the youth’s claim by reviewing the case record to see if the youth is taking prescribed medication.

4. If available, consult with the on-call PHN to help.

5. Document these conversations in the Contact Notebook.

6. Document the name of any contraband that was dealt with in the Contact Notebook.

7. If law enforcement takes the youth into custody, notify the youth’s attorney via the DCFS 5402, Notice to Child’s Attorney Re: Child’s Case Status.

1. Document the notification or attempted contact of the attorney in the Contact Notebook.

8. If the youth is under dual supervision (DCFS and Probation), ask the youth for the name and telephone number of his/her criminal attorney or check the case record.

1. Document the notification or attempted contact of the youth's criminal attorney in the Contact Notebook.

Back to Procedure  

Safekeeping a Youth’s Cell Phone or Other Communication Device

YWC Staff Responsibilities

If a youth at the YWC is found in possession of a cell phone or other communication device, adhere to the following procedure:

1. Ask the youth to turn in his/her cell phone or other communication device during his/her stay at the YWC for safe keeping.

2. Inform the youth that:

• The device will be kept in a secure location and will be returned to him/her upon his/her departure from the YWC.

• If he/she is ten (10) years old or older, he/she has the right to make at least two (2) telephone calls, by law, and that an office telephone will be made available for him/her to place the call.

• One (1) call can be to his/her parent, guardian, or to a responsible relative and that the other call can be to his/her attorney.

3. Place the device(s) in a sealed envelope with the youth’s name, time, date, and description of the item(s).

4. Print your name and title on the back of the envelope and sign across the sealed flap.

5. Give the sealed envelope to the SCSW for storage in the designated locked office file.

6. Return the device(s) to the youth when he/she leaves the YWC.

7. If the youth declines to turn in his/her cell phone or other communication device, monitor his/her use of it.

8. Document the manner of which any device(s) was handled in the Contact Notebook, including when the device is returned to the youth.

Back to Procedure  

Documenting a Cursory Search

YWC Staff Responsibilities

1. After a Cursory Search, document the details of the Cursory Search and the results it in the Contact Notebook, including if any contraband was confiscated and the name of the security guard who conducted it.

2. If any contraband was found, include the following note in the Case Alert field of the ID page or, if it is a referral, in the Screener Alert field

• “Contraband found in the youth’s possession, see contact dated [enter date].”

3. If a youth refuses to turn in a contraband item, a cell phone or other communication device, document the youth’s refusal in the Contact Notebook.

1. If the youth continues to refuse to comply with the Cursory Search, contact law enforcement, and ask direction on how to continue.

2. Document the conversation with law enforcement in the Contact Notebook.

4. Document the name of which any contraband or cell phone or other communications devices were dealt with in the Contact Notebook, including when the items were returned to the youth.

Back to Procedure  

APPROVALS

None

HELPFUL LINKS

Forms

DCFS 5402, Notice to Child’s Attorney Re: Child’s Case Status

Referenced Policy Guides

0070-521.10, Assessment of Drug & Alcohol Abuse

0070-531.10, Visual Inspection of Children

0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff

0600-500.10, Universal PrecautionsAn aggressive, standardized approach to infection control which treats all human blood and certain body fluids as if they were known to contain blood-borne pathogens.The extension of blood and body fluid precautions to all patients. Under universal precautions, blood and certain body fluids of all patients are considered potentially infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV), and other bloodborne pathogens. (CDC)

Statutes

Los Angeles County Code Section 13.12.020 – Defines, in pertinent part, terms related to graffiti prevention, prohibition, and removal.

Penal Code (PEN) Section 171(b) – Details, in pertinent part, the weapons restricted in a local public building.

PEN Section 308(b) – Details, in part, prohibited tobacco products.

PEN Section 16590 – Lists, in pertinent part, generally prohibited weapons.

Welfare and Institutions Code (WIC) Section 308(b) – States, in part, that being taken into protective custody a youth ten (10) years of age or older shall be advised that he/she has the right to make at least two (2) telephone calls from the place where he/she is being held, one call completed to his/her parent, guardian, or responsible relative, and another call completed to an attorney. The call shall be at a public expense, if the calls are completed to telephone numbers within the local calling area and in the presence of a public officer or employee.

Back to Helpful Links