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LAW ENFORCEMENT DEC PROTOCOL

To the extent that notification does not interfere with an ongoing criminal investigation, law enforcement should notify Child Protective Services (CPS) when there is reason to believe that a child’s health and safety has been affected through the exposure to controlled substances or the manufacturing process of an illegal substance.

OVERVIEW

  • Notification upon discovery of a drug endangered child as soon as is practical of the following DEC partners:
    • CPS
    • District Attorney’s Office
    • DEC Team
  • Assess condition of child discovered in drug environment
    • 911 if there are obvious signs of injury and/or illness
    • Make note of any possible signs of exposure either to use/manufacturing in appropriate offense reports; if possible insure that exposed children are tested for presence of harmful substances
  • Place child in protective custody
    • When child has been discovered in an environment that subjects the child to endangerment due to drug use/manufacturing, steps should be taken to insure that the child is not further endangered by improper placement
    • If available, the child should be released to CPS officials notified to respond to scene
    • If no on-call CPS representative available on scene, the child should be transported to the nearest CPS facility, or in the alternative, to a designated DEC drop-off point (to be determined later and distributed to all agencies)
    • The child should not as a matter of practice be turned over to a family member or neighbor to avoid improper placement in an inappropriate or unsafe environment for the child.
  • Investigation
    • Steps should be taken to thoroughly document the drug crime scene for all signs of environmental or physical dangers to the child and occupants of the location
    • In addition to applicable drug charges, if evidence of endangerment exists, such evidence will be brought to the attention of the district attorney’s office for consideration of additional child endangerment or injury charges.
  • Collaboration with CPS
    • Efforts should be made to insure open line of communication for information sharing during the course of any criminal/civil investigations into the impact on the children affected
    • Strive to maintain a level of cooperation to insure the success of criminal and/or civil investigations in the best interest of the children.
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