Drug Endangered Children

Drug Endangered Children in the United States

“A drug endangered child is a person, under the age of 18, who lives in or is exposed to an environment where drugs, including pharmaceuticals, are illegally used, possessed, trafficked, diverted, and/or manufactured and, as a result of that environment: the child experiences, or is at risk of experiencing, physical, sexual, or emotional abuse; the child experiences, or is at risk of experiencing, medical, educational, emotional, or physical harm, including harm resulting or possibly resulting from neglect; or the child is forced to participate in illegal or sexual activity in exchange for drugs or in exchange for money likely to be used to purchase drugs.” (Federal Interagency Task Force for Drug Endangered Children; 2010)

As part of the President’s 2010 National Drug Control Strategy, the Department of Justice established the Federal Interagency Task Force on Drug Endangered Children to support the identification of model protocols, programming, and best practices related to this issue. This Web site includes a compilation of related resources and a toolkit of promising practices to assist States, local, and tribal governments in identifying, responding to, and providing services for drug endangered children.

Background and History

Stemming in part from the methamphetamine crisis, the Drug Endangered Children (DEC) movement began in the last decade to respond to the growing phenomenon of finding children living among the squalor of meth labs located in homes and other areas where children were living or playing. The children found in these situations were often severely harmed or neglected, and in many instances tested positive for drugs. To rescue these children, local DEC programs were created all over the country and a national DEC program was created in 2003.

Since that time, the movement to identify and aid drug endangered children has expanded in scope and impact to include partners on the Federal, State, tribal and local levels. Through this collaboration, the definition of drug endangered children expanded beyond only those children confronted by meth, and it broadened to include children that faced dangerous exposure to any type of drug. The DEC movement also sought to assist parents/guardians with substance use disorders and help address family issues surrounding the problem.

Around the country, the DEC movement has rescued thousands of children and led to the development of numerous programs that have coordinated the efforts of law enforcement, medical services, and child welfare services to ensure that drug-endangered children receive appropriate attention and care. Up to this point, however, a cohesive and coordinated federal response had been lacking. For this reason, an Interagency Task Force on Drug Endangered Children was formed.

The Federal Interagency Task Force on Drug Endangered Children (DEC) is focused on gathering and producing educational resources (model protocols, programming and promising practices) that can aid law enforcement, child welfare workers, health and education professionals and children’s advocates nationwide in protecting children and responding to their needs and the needs of their caregivers. By working together with its Federal, state and local partners, the Task Force aims to end this vicious cycle.

By establishing these tools and promoting their use, Federal, state and local stakeholders will be better able to rescue, protect, and serve the most vulnerable victims of drug-related crimes.

Federal Action

The Federal Interagency Task Force on Drug Endangered Children is chaired by Deputy Attorney General James Cole, and includes participants from components within the Department of Justice, Department of Health and Human Services, Department of Education, Department of Transportation, Department of Homeland Security, Department of Interior, Small Business Administration, Department of Labor and Office of National Drug Control Policy.

Legislation and Policy

Most states have enacted legislation that either directly addresses or corresponds to Drug Endangered Children. It’s important to note that the policy and legislative issues related to these children encompass a broad array of issues, including mandatory reporting, dependency court, criminal prosecution, and sentencing. Since every situation presents a unique set of circumstances, multidisciplinary teams should work together to determine the approach that best meets the needs of the children involved. For some, this may involve a criminal prosecution and enhanced penalty for the presence of children. For others, this may involve dependency court and family preservation services.

State-Specific Legislation

Arizona:

A.R.S. 13-3623 (passed in 2000) – Created liability when a person places a child in a location where a methamphetamine lab exists
A.R.S. 12-1000 (passed in 2003) – Makes is unlawful to anyone other than the property owner/manager to enter a property where drugs were being manufactured until it is cleaned by a state-approved site remediation firm. This ensures that children will not be returned to a drug laboratory site until it is determined to be safe.

Louisiana:

Revised Statute 14:93.A (2) (amended in 2004) – Identifies as an offense the intentional or criminally negligent exposure by anyone age 17 or older of any child under age 17 to a clandestine laboratory operation in a situation where it is foreseeable that the child may be physically harmed. Lack of knowledge of the child’s age can not be used as a defense.

North Dakota:

HB 1351 (passed in 2003) – Makes it a felony to expose children or vulnerable adults to a controlled substance, precursor, or drug paraphernalia.

Washington:

HB 2610 (passed in 2002) – Establishes a felony for endangerment of a child by exposure to methamphetamine or its precursors.
RCW 26.44.200 (passed in 2002) – Requires the investigating law enforcement officer to contact the Department of Social and Health Services immediately if a child is found at a meth lab.

Drug Endangered Children (DEC) Report for Law Enforcement

The purpose of this report is to offer a guide to ensure a coordinated response to a child suspected of living in or exposed to dangerous drug environments.

Drug Endangered Children (DEC) Checklist for Prosecutors

The purpose of this checklist is to offer a guide to ensure collaboration for a coordinated response to a child victim identified in a drug related environment.

Catalog evidence:

Ensure investigators seize weapons, drugs, money
Ensure investigators catalogue pornography
Ensure investigators identify computers that may be used for drug activity or child
exploitation
Identify drug associates of defendants
Determine care, custody and control each adult has had of children
Review photographs and video taken at scene
Determine access to drugs, drug paraphernalia, weapons, and cash
Determine knowledge of children of drug activity, people, and impairment
Drawings of children with a child’s narration and photo of child drawing the work
Determine length and history of exposure to physical abuse and neglect
Review evidence of sexual exploitation and abuse

Request documentation of the following:

Prior and present Social Service investigation reports
Medical records
Urine drug screen results at time of incident
Child’s drug screen result at birth, if available
School attendance records and school counselor reports
Collect written projects and art projects if possible
Prior arrest histories of culpable adults
Results of child forensic interview to follow on-scene victim witness interview
In smurfing cases, request store video to determine presence of children

Other:

Review evidence with investigating officer.
Communicate to investigators the level of evidence you require in order to pursue
charges.
List child as a crime victim to ensure mental health and medical services are
provided.
Coordinate with Victim Witness Coordinator, Advocate and/or Guardian Ad Litem

Research and Statistics

  • Between 2002 and 2007, an estimated 2.1 million children in the U.S. (3.0%) lived with at least one parent who abused or was dependent on illicit drugs.
  • Studies of children in foster care find that 40% to 80% of families involved with child welfare having substance abuse problems.
  • A 2003 study analyzing administrative data regarding persons treated for substance abuse in California found that 60% of persons treated for substance abuse in California’s publicly-funded treatment system were parents of minor children. Of those treated, 295,000 parents (or 27%) had one or more children removed from their custody by child welfare services.

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