Parental Substance Use as Child Maltreatment - Washington

Substance-Exposed Newborns 
Citation: DCYF Pol. & Proc. § 1135

In policy: Department of Children, Youth, and Families (DCYF) caseworkers must complete a plan of safe care form (DCYF 15-491) with a family with an open case, as required by the Child Abuse Prevention and Treatment Act, when a newborn meets either of the following criteria:

• The infant is diagnosed with neonatal abstinence syndrome or neonatal opioid withdrawal syndrome by a health-care provider.
• The infant is identified as having withdrawal symptoms, is substance-affected, or has fetal alcohol spectrum disorder resulting from prenatal drug and alcohol exposure.

Children Exposed to Parental Substance Use
Citation: Rev. Code §§ 26.44.020; 26.44.170(1), (3); 9A.42.100; 9.94A.827

The term 'negligent treatment or maltreatment' means an act or a failure to act or the cumulative effects of a pattern of conduct, behavior, or inaction that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to a child's health, welfare, or safety, including, but not limited to, conduct prohibited under § 9A.42.100. When considering whether a clear and present danger exists, evidence of a parent's substance abuse as a contributing factor to negligent treatment or maltreatment shall be given great weight.

When, in response to 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.

A law enforcement agency in the course of investigating an allegation under § 69.50.401(a) relating to the 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.

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.

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 the manufacture.