Parental Substance Use as Child Abuse - Oregon

Date: July 2019

Citation: Rev. Stat. § 163.547

A person having custody or control of a child under age 16 commits the crime of child neglect in the first degree if the person knowingly leaves the child or allows the child to stay:

  • In a vehicle where controlled substances or cannabinoid extracts as defined in § 475B.015 are being criminally delivered or manufactured
  • In or upon premises, or in the immediate proximity of premises, where a cannabinoid extract is being processed, if the premises have not been licensed under § 475B.090
  • In or upon premises and in the immediate proximity where controlled substances are criminally delivered, manufactured for consideration or profit, or where a chemical reaction involving one or more precursor substances:
    • Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking, or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance
    • Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking, or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under § 453.885
  • In or upon premises that have been determined to be not fit for use under §§ 453.855 to 453.912

As used in this subsection, 'vehicle' and 'premises' do not include public places, as defined in § 161.015.

Child neglect in the first degree is a class B felony.

This section does not apply if the controlled substance is marijuana and is delivered for no consideration.

The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine.

Citation: Rev. Stat. § 419B.005

The term 'abuse' includes the following:

  • Permitting a person younger than age 18 to enter or remain in or upon premises where methamphetamines are being manufactured 
  • Unlawful exposure to a controlled substance or to the unlawful manufacturing of a cannabinoid extract, as defined in § 475B.015, that subjects a child to a substantial risk of harm to the child's health or safety

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