Parental Substance Use as Child Abuse - Washington

Date:

Citation: Rev. Code § 9A.42.100 

A person is guilty of the crime of endangerment with a controlled substance if the person knowingly or intentionally permits a dependent child or dependent adult to be exposed to, ingest, inhale, or have contact with methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers that are being used in the manufacture of methamphetamine, including its salts, isomers, and salts of isomers. Endangerment with a controlled substance is a class B felony.

Citation: Rev. Code § 26.44.170(1), (3)

When, as a result of a report of alleged child abuse or neglect, an investigation is made that includes an in-person contact with the person who is alleged to have committed the abuse or neglect, there shall be a determination of whether it is probable that the use of alcohol or controlled substances is a contributing factor to the alleged abuse or neglect.

If a determination is made that there is probable cause to believe abuse of alcohol or controlled substances has contributed to the child abuse or neglect, the Department of Social and Health Services shall, within available funds, cause a comprehensive chemical dependency evaluation to be made of the person or persons so identified. The evaluation shall be conducted by a physician or persons certified under rules adopted by the department to make such an evaluation. 

Citation: Rev. Code § 26.44.200 

A law enforcement agency in the course of investigating an allegation under § 69.50.401(a) relating to manufacture of methamphetamine, or an allegation under § 69.50.440 relating to possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, that discovers a child present at the site, shall contact the department immediately.

Citation: Rev. Code § 9.94A.827

The court shall, or if a jury trial is had, the jury shall, make a finding of fact of the special allegation, and if it finds the defendant guilty, also find a special verdict as to the special allegation, in a criminal case in which:

  • The defendant has been convicted of manufacture of a controlled substance under § 69.50.401 relating to manufacture of methamphetamine; or possession of ephedrine or any of its salts or isomers or salts of isomers, pseudoephedrine or any of its salts or isomers or salts of isomers, pressurized ammonia gas, or pressurized ammonia gas solution with intent to manufacture methamphetamine, as defined in § 69.50.440.
  • There has been a special allegation pleaded and proven beyond a reasonable doubt that the defendant committed the crime when a person younger than age 18 was present in or upon the premises of manufacture.