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Drug Endangered Children

Contents
	Background
	Prevalence
	Federal Response
	Agencies Involved
	Legislation
	DEC Programs
	Related Publications
	DEC Conferences/ Trainings

Background

Innocent children are sometimes found in homes and other environments (hotels, automobiles, apartments, etc.) where methamphetamine and other illegal substances are produced. Around the country, Drug Endangered Children (DEC) programs have been developed to coordinate the efforts of law enforcement, medical services, and child welfare workers to ensure that children found in these environments receive appropriate attention and care.

Children who live at or visit drug-production sites or are present during drug production face a variety of health and safety risks, including:

inhalation, absorption, or ingestion of toxic chemicals, drugs, or contaminated foods that may result in nausea, chest pain, eye and tissue irritation, chemical burns, and death
fires and explosions
abuse and neglect
hazardous lifestyle (presence of booby traps, firearms, code violations, poor ventilation)

Prevalence

For more information on methamphetamine, visit www.MethResources.gov

According to the El Paso Intelligence Center's (EPIC) National Clandestine Laboratory Seizure System, there were an estimated 1,025 children injured at or affected by methamphetamine labs during calendar year 2008 (report generated February 3, 2009 - data are subject to change). A child affected by labs includes children who were residing at the labs but may not have been present at the time of the lab seizure as well as children who were visiting the site.

Number of Children Affected by Labs, 2004–2008

	2004	2005	2006	2007	2008
Child injured	13	11	--	7	6
Child killed	3	2	--	1	--
Children affected	3,088	1,647	--	778	1,019
Total injured/killed/affected	3,104	1,660	1,222	786	1,025

Federal Response

On February 27, 2007, the Drug Endangered Children Act of 2007 (HR 1199) was introduced in the House of Representatives. If passed, the bill would provide for $20 million in DEC grants for fiscal years 2008 and 2009.

In 2003, the Department of Justice’s Office of Community Oriented Policing Services (COPS) awarded $2,124,000 to be used for DEC programs as part of the COPS Methamphetamine Initiative 2003. See a listing of grantees.

Agencies Involved

A variety of agencies are called for response when drug laboratories are identified, including HAZMAT, law enforcement, and fire officials. When children are found at the laboratories, however, additional agencies and officials should be called in to assist, including emergency medical personnel, social services, and physicians.

Although coordination among child welfare services, law enforcement, medical services, and other agencies may vary across jurisdictions, interagency protocols developed to support drug-endangered children should generally address:

staff training, including safety and cross training
roles and responsibilities of agencies involved
appropriate reporting, cross-reporting, and information sharing
safety procedures for children, families, and responding personnel
interviewing procedures
evidence collection and preservation procedures
medical care procedures

Actions of the responding agencies should include taking children into protective custody and arranging for child protective services, immediately testing the children for methamphetamine exposure, conducting medical and mental health assessments, and ensuring short- and long-term care.

Some agencies have developed protocols to use when responding to these situations:

Arizona Drug Endangered Children (DEC) Multidisciplinary/Integrated Protocol

“How to Care for Children Removed from a Drug Endangered Environment” (PDF)

Medical Protocols for Children Found at Methamphetamine Labs (PDF)

Pierce County (Washington) Drug Endangered Children Protocol (PDF)

Stevens County (Washington) Meth Site Child Response Protocol (PDF)

Legislation

A large number of states have introduced legislation to respond to and address the problems associated with children being found at locations where methamphetamine is either used or produced. See the National Alliance for Model State Drug Laws resource, State Child Endangerment Bill Status Update (PDF) for information about specific legislative bills on this issue that have been introduced as of January 17, 2007.

The following examples of enacted and proposed legislation change the way DEC cases are handled:

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.

Georgia

HB 1131 (introduced January 2004)—will create an offense of endangering a child through the unlawful manufacture of methamphetamine, amphetamine, or a mixture containing either substance

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

See MethResources: Policies and Legislation for additional legislation concerning drug endangered children.