Roles and Responsibilities

(From We Care—Recommended Best Practices Addressing the Needs of Drug Endangered Children, Washington’s Endangered Children’s Assessment and Response)

Law Enforcement Response Procedure

In the best interest of the child, sensitive and confidential information should be shared amongst interagency DEC team members. Law enforcement (LE) should notify Child Protective Services (CPS) when there is reason to believe that a child has been exposed to controlled substances or illegal drug manufacturing activities or has been abused or neglected as a result of such activity.

1. Secure the scene and ensure the safety of initial responders and civilians present.
2. Contact 9-1-1 if a child has obvious injuries or illness.
3. Take child into protective custody and notify CPS to respond at the scene.
4. Transfer custody of the child to CPS.
1. LE does not release child to family members or neighbors. CPS oversees placement of child.
2. CPS attempts to locate and coordinate placement of children that are not on the premises.
5. Acquire warrant for collection of biological samples to be used as evidence for legal prosecution.
1. Retrieve and submit samples to the Washington State Patrol’s forensic laboratory.
6. Notify narcotic detectives who start the DEC investigation.
1. Examine the scene for evidence that indicates the presence of children.
2. Take measurements comparing the height and reach of the child in relation to the location of the lab items/equipment.
3. Document and video or photograph the scene giving particular attention to the following risk factors:
1. Children’s accessibility to drugs, chemicals, syringes, and drug paraphernalia
2. Proximity of hazards to children’s play and sleep areas
3. Non-drug hazards and other indications of neglect
4. Access to pornography
5. Access to weapons
6. Food quantity and quality
7. Sleeping conditions
8. Sanitary conditions
4. Photograph the children at the scene and document the following:
1. Injuries
2. Cleanliness and dress
3. Signs of neglect
5. Interview neighbors, school officials and other witnesses.

Child Protective Service Response Procedure

When there is reason to believe that abuse and neglect of a child has occurred as a result of illegal drug manufacturing activities or use, it is essential for Child Protective Services or their designee to:

1. Respond at the scene.
2. Assume custody of child:
1. Attempt to locate and coordinate removal of children that are not on the premises.
3. Call referral into CPS office.
4. Collect urine sample within 4 hours of assuming custody:
1. Sample may be collected at a medical facility or in the field by specially trained professionals.
5. Decontaminate child:
1. At the site, provide clean clothing and wash exposed skin, using either paper towels and soap and water or packaged pre-moistened wipes. Child is bathed at the receiving home.
6. Conduct initial interview with child:
1. Forward appropriate reports to LE and prosecutor.
7. Transport child to receiving home or medical facility:
1. Items from the drug lab site are left on site and not taken with the child.
2. Transport vehicle should have disposable car seat covers and infant and child car seats.
8. Make placement assessment.
1. Foster care vs. Relative care.
9. Court makes legal determination within 72 hours of assuming custody.
10. Receiving home arranges a medical exam through child’s primary medical provider:
1. Within 24 hours for child with suspected illness.
2. Within 7-14 days for child who does not exhibit illness.

Medical Response

1. Child is placed in protective custody by responding law enforcement officers.
2. Child with obvious injury, illness, or respiratory distress is immediately transported to medical facility by calling 9-1-1.
3. Child with suspected illness receives medical exam within 24 hours of assuming custody. However, a urine sample is collected, whenever possible within four hours of assuming custody.
1. Medical exam is performed by the child’s primary medical provider.
4. Child, who does not exhibit illness, receives medical exam within 7 to 14 days after assuming custody. However, a urine sample is collected, whenever possible within four hours of assuming custody.
1. Medical exam is performed by the child’s primary medical provider.
5. Medical exam consists of:
1. Medical History: Child Protective Services (CPS) assists by obtaining medical records and history from parents
2. Physical Exam: Attention to nutrition, dental decay, respiratory distress, brief developmental screen
3. Lab Tests as Needed: Consider Complete Blood Count (CBC)
6. Urine sample:
1. Collected, whenever possible within four hours of being placed in protective custody, at either a medical facility or in the field by specially trained professionals.
2. Obtained for either:
   1. Child protection, safety and health reasons: No warrant required.
   2. Legal prosecution of caregivers: Warrant required, WSP forensic laboratory collection protocols and Police Evidence System adhered to. Analysis conducted at the WSP forensic laboratory.
3. Analyzed to detect and report the presence of illicit drugs at any level.
7. Early Periodic Screening, Detection and Treatment (EPSDT) exam conducted within one month of placement, as required by DSHS.
8. Follow-up medical exams conducted as needed.

Urine Collection Procedures

Persons who collect urine samples should be trained in the proper collection procedures and maintain sensitivity towards the child’s situation.

1. For urine collection from an infant, place four 4 X 4 gauze pads in the diaper. Remove when wet and place in clean leak proof urine container. Cover, label, and seal in a biohazard container.
2. For urine collection from a child who is potty trained but too young to use a urine collection cup, use a clean urine collection “hat.” Place the hat in the toilet and have the child urinate into the collection hat. Transfer the urine to a clean leak proof urine container. Cover, label, and seal in a biohazard container.
3. For older child and adolescent, give the clean urine collection cup to the child and instruct them to urinate into the cup. Cover, label, and seal in a biohazard container.

Hair Samples

At this time it is recommended not to collect hair samples. Additional research is underway to determine the need for this practice. If DEC teams decide to take hair samples, contact Ann Marie Gordon at ann.gordon@wsp.wa.gov to arrange for training in collection procedures.

1. Review evidence collected by:
   1. Law Enforcement
   2. Medical
   3. Child Protective Services
   4. Local Health Officer
2. Reference appropriate laws.
3. Determine appropriate actions to take that are in the best interest of the child.

Prosecutors review evidence collected during the multidisciplinary investigation to determine if child endangerment charges should be filed. Washington State statutes empower law enforcement agencies and Washington State Department of Social and Health Services to respond to incidences involving the manufacture of illegal drugs, or where there is evidence of severe neglect or injury to a child.  Numerous statutes provide guidance for the care, treatment, protection, and placement of the drug-endangered child. Counties should become familiar with the laws and seek the advice of local prosecutors.