SEARCH AND SEIZURE POLICY

SEARCH AND SEIZURE POLICY

The Ship Group Community Services will not be participating in Search and Seizure of client’s personal living space.

POLICY     Searching a client, a client’s private living space or personal belongings is an invasion of privacy and violates a client’s rights unless a client demonstrates “just cause” or reasonable evidence for a search to be conducted. The client and the client’s legally responsible person will be made aware of items that are not permitted on the premises of The Ship Group Community Services Should a staff person have reason to suspect that a client has violated any program rule or privilege by bringing illegal contraband, alcohol, drugs, stolen property or weapons on the premises or if the client has the appearance or characteristics of “being under the influence” of alcohol, illegal or legal drugs, inhalants, etc., staff must initiate a search in order to seize said items and/or to guarantee that no such violation has taken place and to ensure that clients nor staff are in harm’s way. Staff is not at liberty to conduct unwarranted searches. All searches must be documented and witnessed by another staff person. Other clients may not act as witnesses during the search of a client. If illegal drugs, weapons or stolen goods are found, they will be left as found and the police will be called, the client will be removed from the presence of other clients and asked to remain in a common area of the agency, until the police arrive. The police will have authority in such matters. If the situation does not warrant police intervention, but the situation is clearly a violation of program policy the client will be required to appear before the Treatment Team as soon as the team can be convened. The team will have decision-making authority in such cases. The Client Rights Committee at the next scheduled meeting will review the team’s decision. The conditions of search must be closely followed. Continue Care Services will not participate in search in seizure at place of residency of the client.

CONDITIONS OF SEARCH

The client will be provided an opportunity to participate in the search, if he chooses to participate, the client will be asked to empty all pockets, purses, handbags, and/or book bags.

Suspicion, possession or concealment of:

          a) alcohol, including but not limited to beer, wine, liquor, etc.;

b) illegal substances, including but not limited to marijuana, cocaine, crack, heroine, inhalants, etc.;

c) weapons, including but not limited to guns, knives, sharp or blunt objects:

d) stolen property, property that cannot be substantiated as the client’s personal property:

e) items that have been established as prohibitive by the program and/or treatment team;

Staff Requirements for Search and Seizure

If there is reasonable suspicion to suspect that a client is in possession of items that violate program policy or that break the law, staff shall observe the following due process procedures. Staff shall:

1. Make the client aware of their intent to search his person, or his personal belongings. Staff may only perform same sex “pat-down” searches of a client’s person, with a witness present;

2. Tell the client what they are looking for and why they suspect that a policy violation has occurred;

3. Make the client aware of the item(s) or area(s) they plan to search. The search may involve or be restricted to one item. Staff will also give the client opportunity to admit to any violations before the search ensues; further the client shall also be told that if items that are found that were not a part of the reason for the search, but are a direct violation of program policy, they too will be confiscated.

If the suspected items (or unsuspected items that are equal in violation status) are found, staff is required to confiscate said items and list them on the Search and Seizure Report-CRC.4.7.1., with a full description of each item confiscated.

4. Drugs, alcohol, weapons (guns, large knives, etc.) or stolen property, property that cannot be substantiated as the client’s personal property, shall not be touched or removed by staff. Staff are instructed to escort the client to a common area/waiting room of the office and call the police.

5. Each item confiscated shall be given to the Qualified Professional with the original documentation regarding the search. The Qualified Professional shall turn all confiscated items over to the Program Director and a decision made between regarding the level of discipline. The discipline decided on must be reported on the Search and Seizure Form.

6. The Program Director shall make the client aware of what will be done with the items confiscated.

The advice of law enforcement will be sought when necessary. The Program Director shall also make the client aware of the discipline for the infraction. Disciplinary Action must correspond with the strategies listed in the Client Handbook.

7. The Clinical Director/Program Director must review the Search and Seizure Form and make recommendations regarding any disciplinary actions.

8. The Client Rights Committee will review all Search and Seizure Forms.

Entering a Client’s Private Space

The client’s individual right to privacy and freedom from unreasonable search and seizure is balanced by the program’s responsibility to protect the health, safety and welfare of the company population and the staff of the program. The Ship Group Community Services does not provide residential services at this time.

Personal Searches

A client’s person and/or personal effects may be searched whenever a staff person has reasonable suspicion to believe that the client is in possession of illegal or unauthorized materials or has violated or is about to violate a program rule, policy or procedure.

If a pat down search of a client’s person is conducted, it will be conducted in private, by a staff person of the same sex with a witness present, when feasible. If the staff person has reasonable suspicion to believe that a client has on his or her person an item imminently dangerous to the client, other clients or staff, the staff person may use discretion and 1.) Have the witness call the Clinical Director/Program Director for further instruction or 2.) They may call law enforcement. A more intrusive search is not permitted by staff, however, if delaying a more extensive search places the remaining employee’s, clients or others in danger, law enforcement must be called immediately.

Refusal to Permit or Participate in a Search

Clients who refuse to permit or participate in a search or who are uncooperative and obstructs a search will be subject to disciplinary action. Staff shall record the client’s disposition on the Search and Seizure Report. If law enforcement is called and charges are warranted the client will abide by the rules of law but will not be dismissed from the program’s disciplinary actions, unless the client is arrested.

A Treatment Team meeting will be convened for serious offenses and/or if law enforcement is called. A conference call will be considered the same as a face-to-face meeting.

The client’s legally responsible person will be notified of all instances of Search and Seizure per the client’s Crisis Plan.

SEARCH AND SEIZURE ACKNOWLEDGEMENT Form

Upon admittance to The Ship Group Community Services , LLC., each client and their legally responsible person will be informed of program policies and procedures. Included in these procedures will be the program’s policy on Search and Seizure, the program’s expectations and the program’s position regarding possession of items that have been prohibited in the agency and on the premises of The Ship Group Community Services.

A signed copy of this form will be given to the client’s legally responsible person and a signed copy will be maintained in the client’s record.

The following list, though not all-inclusive shows the items that clients are not permitted to bring to the program. At this printing, there may be items that are not currently recognized as prohibitive, but they should be listed. This policy may change without notice. However, when new items are identified the client and the legally responsible person will be notified and an updated copy of this form submitted to the original signers and an updated copy placed in the client’s file.

Possession of illegal drugs or weapons is a serious offense and will be treated as such, up to and including involvement of law enforcement. Prohibited items include, but are not limited to:

                                Alcohol                             Knives

                                Guns                                 Screwdrivers

                                Illegal Drugs                     Stolen Property

Any potentially dangerous or harmful sharpened objects, heavy objects that are not accepted in the program certain spray paints, magic markers and chemicals used as inhalants, are also prohibited.

Prescription drugs that were not prescribed for the client and are not listed on the client’s Medication Profile are also prohibited.

Both the client and the client’s legally responsible person must sign below. Your signature acknowledges that you have been informed of program policy regarding search and seizure. If the client is admitted it further signifies that you agree to the program’s legally, justified searches and seizure of any prohibited items.

Client Signature: ____________________________________  Date __________

Legally Responsible Person: _________________________ Date __________

Witness: _____________________________________________ Date __________

SEARCH AND SEIZURE REPORT

This report must be completed each time a search of a client’s person or personal items are searched. The client must be:

1.) Made aware of your intent to search;

2.) Made aware of what you are expecting to find and where you will be looking for the items;

3.) Asked to participate or be forthcoming with information or suspected items;

4.) Made aware that the police will be notified and that consequences may follow;

5.) Made aware that all illegal items will be confiscated;

6.) And that their legally responsible person will be notified, if illegal items are found.

CLIENT NAME: _____________________ RECORD NO.: ______________ DATE_____________

1. Reason for Search: (what you expect to find, why)

2. Scope of Search: (where you expect to find what you are looking for, i.e. on the client’s person, in the client’s belongings, etc.)

3. Items seized: (list and describe all items seized. List additional items on back)

Item A.:_____________________________________________________________________________________________________________

Description of Item A: (include color, length, width, etc.)

________________________________________________________________________________________________________________

Item B.:________________________________________________________________________________________________________

Description of Item A: (include color, length, width, etc.)

________________________________________________________________________________________________________________

Item C.:_______________________________________________________________________________________________________

Description of Item A: (include color, length, width, etc.)

________________________________________________________________________________________________________________

Item D.:________________________________________________________________________________________________________

Description of Item A: (include color, length, width, etc.)

            _______________________________________________________________________________________________________________

4. Disposition of Seized Items: (where will items be kept, if they will be returned, etc.)

_______________________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________

5. Did the client cooperate with the Search?              □  Yes       □ No

Explain the client’s disposition:

_______________________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________

7. Were interventions necessary?   □  Yes       □ No

8. Which interventions were used? __________________________________________________________________________________

_______________________________________________________________________________________________________________________

9. Additional Information: ___________________________________________________________________________________________

_______________________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________

Staff Signature: ____________________________________________________                              Date: ________________________

Client Signature: _________________________________                                                         Date: ________________________

Witness: _________________________________________                                                         Date: ________________________

Program Director’s Signature: ____________________________________________________________________   ___

Do Not Write Below This Line

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Program Director/Clinical Director Comments/Recommendations: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________