Drug 

EnDangErED 

ChilDrEn 

guide for law Enforcement 

Key insights for partnering with child welfare, medical 

providers, treatment providers, prosecutors, and civil attorneys 

FOR DRUG ENDANGERED CHILDREN 

 

Drug 

EnDangErED 

ChilDrEn 

guide for law Enforcement 

Key insights for partnering with child welfare, medical 

providers, treatment providers, prosecutors, and civil attorneys 
This project was supported by cooperative agreement number 2010-CK-WX-K014 awarded by the Office of Community 

Oriented Policing Services, U.S. Department of Justice. The opinions contained herein are those of the author(s) and do not 

necessarily represent the official position or policies of the U.S. Department of Justice. References to specific agencies, companies, products, or services should not be considered an endorsement by the author(s) or the U.S. Department of Justice. 

Rather, the references are illustrations to supplement discussion of the issues. 

The Internet references cited in this publication were valid as of the date of publication. Given that URLs and websites are in 

constant flux, neither the author(s) nor the COPS Office can vouch for their current validity. 

Recommended citation:
 

National Alliance for Drug Endangered Children. 2014. Drug Endangered Children Guide for Law Enforcement: Key Insights 


for Partnering with Child Welfare, Medical Providers, Treatment Providers, Prosecutors, and Civil Attorneys. Washington, 


DC: Office of Community Oriented Policing Services.
 

ISBN: 978-1-932582-96-3 

Published 2014 
Contents
 

Letter from the COPS Office Director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .v
 

Letter from the National DEC President . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi
 

Acknowledgments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .vii
 

About National DEC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . viii
 

About This Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
 

The Seriousness of the DEC Issue and How the DEC Approach Makes a Difference . . . . . . . . . . . . . . . . . . . . . . .2
 

Law enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
 

Child welfare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
 

Medical community . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
 

Behavioral health . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
 

Working Together Under the DEC Approach: How We Make Change Happen . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
 

It seems clear that it is time to change so, what is change? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
 

What happens if we don’t change? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
 

What happens if we do change? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
 

Gaining Deeper Awareness and Key Insights about DEC Partners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
 

Child welfare: roles and responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
 

Initial calls to child welfare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
 

Child welfare time frames and investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
 

Child welfare mandates and children removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
 

Child welfare risk and safety assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
 

Child welfare service cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
 

Law enforcement and child welfare as DEC partners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
 

Child welfare civil attorneys: roles and responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
 

Criminal prosecutors: roles and responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
 

Medical professionals: roles and responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35
 

Behavioral health and treatment providers: roles and responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39
 

Trauma and long-term impacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
 

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47
 

About the COPS Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48
 

letter from the COPS Office Director
 

Dear colleagues, 

It is estimated that more than 9 million children live in homes where a parent or other adult use illegal drugs . The 

impact on children growing up while surrounded by illegal drugs is devastating . They are three times more likely to be 

verbally, physically, or sexually abused and four times more likely to be neglected . Finding and protecting these children 

is not easy . 

Fortunately, organizations like the National Alliance for Drug Endangered Children have made great strides in establishing training and resources that help law enforcement, social workers, teachers, community groups, and others track 

and assist children growing up within such tragic circumstances . We can provide a powerfully visible alternative to the 

neglect and violence that are part of the daily lives of too many children . We can reduce the incidence of children’s 

exposure to violence and neglect . We can intervene more effectively to help mitigate the long-term negative effects 

children face when they are exposed to this kind of trauma . 

Identifying and responding to drug endangered children through trauma-informed approaches has not yet become a 

central part of law enforcement’s mission to serve and protect . The better the availability of training opportunities and 

tools focused on identifying and helping drug endangered children, the better chance we have of making this a central 

part of law enforcement’s mission to serve and protect . It needs to be clear that there is an alternative to the neglect, 

violence, and fear that are part of the daily lives of these children . 

This guide is a companion to the successful Drug Endangered Children Guide for Law Enforcement, which we released 

in 2013 . This new guide is designed to help you and your agency in collaborating with other professions that have roles 

to play in identifying and serving these children at risk by helping all stakeholders better understand each other . Every 

child deserves to grow up in a home that is free from abuse and neglect . Together, we can make that a reality . 

Sincerely, 

Ronald L . Davis, Director 

Office of Community Oriented Policing Services 

Drug Endangered Children Guide for Law Enforcement v 
vi Drug Endangered Children Guide for Law Enforcement 

letter from the national DEC President
 

Dear law enforcement leaders, 

Various aspects of law enforcement work bring you into contact with drug endangered children—children whose wellbeing is threatened because of their caregivers’ involvement in the illicit drug trade or in substance abuse . These 

children are at significant risk of abuse and neglect, and they often experience exposure to violence and other trauma . 

These children may be on their own destructive path to involvement with drugs and substance abuse . As you arrest their 

parents for criminal drug activity, you probably assume you will arrest the children some day for similar behavior . 

But these children deserve a chance to a better path and our best efforts to help create better outcomes for them and 

their families . We all share the responsibility to try to break these multigenerational cycles of abuse and neglect . The 

mission of the National Alliance for Drug Endangered Children (National DEC) is to raise awareness about the risks 

faced by drug endangered children, to help practitioners implement a collaborative multidisciplinary approach to help 

these children, and to institutionalize this collaborative approach so that it becomes the standard way of doing business . 

This second DEC Guide for Law Enforcement builds on the concepts, tools, and resources outlined in the first DEC 

Guide for Law Enforcement, both of which are available from the COPS Office and National DEC . This latest guide 

focuses on implementing the DEC Approach—the collaborative approach between various practitioners that is essential 

to trying to improve outcomes for drug endangered children . This guide provides insights about how various practitioners—including child welfare professionals, prosecutors, medical personnel, and treatment providers—are in a position 

to help drug endangered children and how they do their jobs . This guide also provides insights about how collaboration 

among these practitioners leads to better communication, to much more information about these children and their 

families, and to more informed decisions that can lead to better outcomes . 

The DEC Approach is an example of community policing—collaboration between community partners to identify and 

solve problems and implement effective organizational changes . Law enforcement plays a critical leadership role in the 

DEC Approach, and it is our hope that this guide will be a useful tool for law enforcement and other practitioners who 

want to get involved in the DEC mission . 

Thank you for taking the time to read this guide . Please don’t hesitate to contact any of us at National DEC if we can 

be of assistance with your work . 

Sincerely, 

Chuck Noerenberg, President 

National Alliance for Drug Endangered Children 
acknowledgments 

The National Alliance for Drug Endangered Children (National DEC) is grateful to the U .S . Department of Justice for 

its continuous support of the work we are doing to strengthen drug endangered children efforts across the nation . We 

would like to thank the Office of Community Oriented Policing Services (COPS Office), which helped create the vision 

of a more effective law enforcement response to drug endangered children . As seen throughout this document, the 

collaborative DEC approach is inherently a community policing strategy to solve problems, create community partnerships, and enhance public safety . We are particularly grateful to Deborah Spence of the COPS Office for her ongoing 

support and guidance to National DEC throughout the course of this project . 

In addition to the support of the COPS Office, National DEC would like to acknowledge and express its deep gratitude 

for the contributions of the many professionals across the nation who provided their perspective, advice, and personal 

experience for the contents of this document . The goal of making this resource useful to the practitioners in the field 

would have suffered without the many contributions of National DEC’s network of professionals . Their insight and 

experience have been critical to making this guide a practical and useful document . To them we are indebted . 

Drug Endangered Children Guide for Law Enforcement vii 
about national DEC
 

The National Alliance for Drug Endangered Children (National DEC) is a national nonprofit whose mission is to 

break the cycle of abuse and neglect of children by empowering practitioners who work to change the trajectory of the 

lives of children and families living in drug environments . We provide training and technical assistance to state, tribal, 

and international DEC alliances and all those in the community who assist and care for drug endangered children . 

National DEC has two fundamental components . The first is the Drug Endangered Children Organizations—the state, 

tribal, provincial, and local DEC alliances—that provide support, training, resources, and connections for local DEC 

efforts . The second component is the Drug Endangered Children Effort—the professionals in the field who develop 

promising practices that support the implementation and institutionalization of the DEC Approach . 

Advocates throughout the United States and Canada have worked hard to create effective collaborations at the national, 

state, provincial, tribal, and local levels and to institutionalize the DEC Approach for the benefit of drug endangered 

children . We believe that being part of the DEC movement makes you part of a larger solution, connects you to other 

professionals working on the same challenges, and helps you advocate more effectively on behalf of children and 

families . 

We believe that success begins with identifying children at risk . Recognizing children as victims gives us all an opportunity to provide intervention . By working together and leveraging resources, we can provide drug endangered children 

opportunities to live in safe and nurturing environments free from abuse and neglect . 

Definition: Drug Endangered Child 

The National Alliance for Drug Endangered Children defines drug endangered children as those at risk of suffering 

physical or emotional harm as a result of illegal drug use, possession, manufacturing, cultivation, or distribution. 

They may also be children whose caretaker’s substance misuse interferes with the caretaker’s ability to parent and 

provide a safe and nurturing environment. 

The essence of this definition is that “Children + Drugs = Risk.” The DEC movement challenges all of us to recognize 

these risks and to work together using the DEC Approach to protect children from neglect and abuse, which all too 

often occurs across generations. 

viii Drug Endangered Children Guide for Law Enforcement 
about This guide 

In 2013, the National Alliance for Drug Endangered 

Children (National DEC) and the Office of Community Oriented Policing Services Office produced the first 

Drug Endangered Children Guide for Law Enforcement, 

which details the core elements, benefits, and challenges 

of the DEC Approach . That guide also provides a basic 

blueprint for building and participating in a DEC alliance . We recommend that, if possible, you start with the 

first guide for an overview of these topics . You can order 

or download that guide from the COPS Office website 

(www .cops .usdoj .gov) and the National DEC website 

(www .nationaldec .org) free of charge . 

For this second guide, Drug Endangered Children Guide 

for Law Enforcement: Key Insights for Partnering with 

Child Welfare, Medical Providers, Treatment Providers, 

Prosecutors, and Civil Attorneys, which builds on the 

information and strategies outlined in the first publication, National DEC reached out to professionals representing law enforcement, child welfare, prosecution, civil 

attorneys, medical, behavioral health, and treatment to 

learn from their experiences to gain a deeper awareness of 

DEC efforts on two levels: 

1 . 	 What are the overall roles and responsibilities of 

child welfare, prosecutors, civil attorneys, and 

treatment providers? 

2 . 	 How did their response to drug endangered 

children transform after they learned about the 

DEC Approach? 

This guide highlights how multiple disciplines have a 

critical and overlapping role in protecting children from 

maltreatment and offers an overview of the roles and 

responsibilities of these key professionals . To be more specific, this guide 

•	 presents a question and answer format; 

•	 discusses the seriousness of the DEC problem; 

•	 provides a deeper awareness of the roles and 

responsibilities of partners in the DEC mission; 

•	 highlights why changing our current standards of 

practice is critical; 

•	 explores how the collaborative DEC Approach 

changes professionals’ perspective of and response to 

drug endangered children . 

Drug Endangered Children Guide for Law Enforcement 1 
2 Drug Endangered Children Guide for Law Enforcement 

 

The Seriousness of the DEC issue and 

how the DEC approach Makes a Difference 

“During the lifetime of a child that is endangered, he/she may have only a few opportunities to 

‘escape’ from the dangerous environment they live in . If this opportunity comes in the form of 

contact with law enforcement, we have a duty to act . . . . If we do NOT act, how long will it be 

until the next ‘chance’ for that child comes along?!” 

– Courtney Pero, Drug Task Force Sergeant, Plano Texas Police Department 

Consider these six scenarios: 

1 . 	Undercover detectives observe a suspect bringing 

an infant to a drug deal . They complete the drug 

transaction, the detectives arrest the suspect, and the 

child is left with a relative . Later, the detectives talk 

about the case and how they can't believe the suspect 

brought an infant to the deal . 

2 . 	Child welfare is investigating a report of neglect after 

a neighbor calls in to say three children (an infant, a 

toddler, and a small child) live in a home where there 

is only limited adult supervision . When contacted 

by child welfare, the mother says “she had to go to 

the store, so she took the infant with her and left the 

other two children with a friend who must have left .” 

3 . 	 A doctor who has just finished setting a broken arm 

of a small child notices the child has lice and bed 

bug bites . The mom tells the doctor that she and her 

family recently went on a trip and stayed in a dirty 

hotel . She also says the child fell down the stairs at 

home and broke her arm . 

4 . 	 A probation officer has a client who has failed several 

urine screens, so the officers complete the paperwork 

to revoke the client’s probation . When they go 

contact the client at home, they notice three children 

there as well; however, the client is not at home . 

5 . 	 A prosecutor is reviewing an affidavit for an arrest 

warrant and notices the suspect has a previous arrest 

for the same charges, drug distribution, and is currently 

on probation . The prosecutor also notices that the 

suspect brought an infant to the drug deal in question . 

6 . 	 A teacher notices one of her students, who has been 

late to school on numerous occasions, has now come 

to school with a broken arm . This same student falls 

asleep in class and is quiet and withdrawn . 

On the surface, these specific incidents may seem to be 

independent of each other, involving different professionals and different families . However, without additional 

information, we don't know if these incidents involve 

one family, two families, or six families . It is quite plausible that these seemingly separate incidents all involve 

one family—one family with children . Imagine how 

much more effective each of these professionals could 

be in responding to the children at risk if they had the 

complete picture—the information from all of the professionals involved . That is a key component of the DEC 

Approach, sharing information so all involved practitioners can make more informed decisions about helping 

drug endangered children . 

Each of the disciplines discussed in this guide has authority and responsibility for protecting children . It is a part 

of their daily work . In most jurisdictions, all of these 
professionals are mandatory reporters of suspected child 

maltreatment . However, current systems and working 

relationships among these skillful practitioners do not 

maximize the opportunities to identify drug endangered 

children or to work together for the benefit of children and 

families . Given the extensive illicit drug trade in this country, the pervasiveness of substance abuse, and their direct 

impact on the well-being of children, we cannot afford to 

take a piecemeal approach to these issues . 

Let’s look at a few facts about the seriousness of this issue 

and why it compels us to look for a better approach—a collaborative drug endangered children approach that puts 

not only the short-term but also the long-term interest of 

children at the top of our priority list . The following sections demonstrate what using the DEC Approach means 

to the professionals who were a part of creating it . 

Law enforcement 

For law enforcement, illegal substances and the illegal 

drug trade continue to present significant challenges for 

the criminal justice system . In the United States in 2012, 

an illegal drug arrest was made every 20 seconds—an estimated total of 1,552,432 drug abuse violations . In addition, there were an estimated 1,282,957 DUI arrests that 

same year .1

 One-third of inmates in 2011 reported using 

drugs at the time of their arrest .2 

The number of drug arrests by themselves tells a serious 

story about the impact of drug abuse in the United States . 

But these arrest numbers don’t reveal the full extent and 

impact of drug abuse . Many arrests for nondrug crimes 

involve offenders who are substance abusers . The DEC 

Approach raises the question as to how many of these 

crimes involve children, either directly or indirectly . There 

is no doubt that a significant number of the adults arrested 

for both drug crimes and nondrug offenses that may have a 

connection to substance abuse also have children . Did law 

enforcement inform child welfare about these arrest cases 

in which children were involved? 

Child welfare 

For child welfare, in 2012 Child Protective Services agencies received an estimated 3 .4 million referrals involving 

approximately 6 .3 million children . Among the 46 states 

that reported both screened-in and screened-out referrals, 

62 percent of referrals were screened in, and 38 percent 

were screened out . In short, a report of child abuse and 

neglect was made every 10 seconds in 2012 . Out of the 

more than 2 .1 million referrals that received a child welfare 

response via an investigation, 13 percent (686,000 children) 

were found to be victims of child abuse and/or neglect .3 

Child Protective Service (CPS) investigations or assessments determined that, as in previous years, among children who suffered from neglect, physical abuse, and sexual 

abuse, the greatest percentage suffered from neglect (see 

figure 1) . 

It is also estimated 1,640 children nationwide died from abuse 

and neglect in 2012 .4

 It is generally known that children of 

parents with prior allegations of abuse and/or neglect are five 

times more likely to die from subsequent maltreatment . 

Drug Endangered Children Guide for Law Enforcement 3 

1. “Table 29. Estimated Number of Arrests, United States, 2012,” in Crime in the 

United States, 2012, Uniform Crime Reports (Washington, DC: Federal Bureau of 

Investigation, 2013), http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2012/crimein-the-u.s.-2012/tables/29tabledatadecpdf. 

2. Office of National Drug Control Policy, “2011 National Drug Control Strategy: 3. Child Maltreatment 2012 (Washington, DC: Children’s Bureau, 2013), http://www. Executive Summary” (Washington, DC: Executive Office of the President of the United acf.hhs.gov/sites/default/files/cb/cm2012.pdf. States, 2011), http://www.whitehouse.gov/sites/default/files/ondcp/policy-and-research/ 

2011strategyexecutivesummary_0.pdf. 4. Ibid. 
 

Figure 1. Children who suffer from neglect, physical abuse, and sexual abuse 

9.30% 

18.30% 

78.30% 

Source: Child Maltreatment 2012 (Washington, DC: Children’s Bureau, 2013), 20. 

Neglect 

Physical abuse 

Sexual abuse 

The most recent comprehensive survey of the numbers 

of children living with adults who abused drugs was 

compiled over five years and released in 2009 . This special report under the National Survey on Drug Use and 

Health indicates the following: 

•	 During the past year, 8 .3 million children lived with 

at least one parent who abused or was dependent on 

alcohol or an illicit drug . 

•	 More than two million children lived with at least one 

parent who abused or was dependent on an illicit drug . 

•	 More than 26 percent were under the age of six and 

thus were considered the most vulnerable . 

•	 One in ten children lives in a household with a 

“substance-dependent or substance-abusing parent .”5 

5. “Children Living with Substance-Dependent or Substance-Abusing Parents: 2002 

to 2007,” The NSDUH Report. (Rockville, MD: Office of Applied Studies, Substance 

Abuse and Mental Health Services Administration, 2009). 

Child welfare investigators base their findings on all the 

information they have available . If other professionals have 

information that may reveal more details about what is 

happening in the life of a child, they can make a difference 

in the response . This increased information results in more 

informed decision making . Using the DEC Approach gives 

all professionals a common starting point for their investigations, and the information that is shared with other disciplines helps determine if there is abuse or neglect . 

Medical community 

For the medical community, let’s look at the most recent 

Drug Abuse Warning Network (DAWN) data from 2011 . 

This network is managed by the Substance Abuse and 

Mental Health Services Administration, which reports 

that approximately 2 .5 million hospital emergency 

department visits in 2011 were due to drug misuse or 

abuse across the nation (see figure 2) . “DAWN is a public 

health surveillance system that monitors patients’ medical 

4 Drug Endangered Children Guide for Law Enforcement 
Figure 2. Percentage of drug-related emergency 

room visits by type of drug abuse 

0%

10%

20%

30%

40%

50%

60%

Out of these 2.5 million drug-related emergency room visits: 

n  50.9% involved illicit drugs, with the highest rates being for marijuana 

and cocaine 

n  50.5% involved non-medical use of pharmaceuticals 

n  24.6% involved drugs and alcohol combined 

n  40% resulted in some type of follow-up including hospital 

admission (24%) 

Source: RTI International, Drug Abuse Warning Network, 2011 (see note 6). 

records of emergency department visits from the nation to 

identify those visits that are related to drugs use, misuse, 

and abuse .”6 

6. RTI International, Drug Abuse Warning Network, 2011: National Estimates of Drug 

Related Emergency Department Visits (Rockville, MD: Substance Abuse and Mental 

Health Services Administration, 2013). 

According to the same report, of the 113,000 emergency 

department visits for accidental ingestion of drugs, 77,000 

involved children that were age five and under, which is 

25 times higher than the rate for adults .7

 Using the DEC 

Approach helps medical professionals align with the other 

systems involved, and together they identify children associated with these incidents as drug endangered children 

so proper services can be provided to the child and their 

family at the earliest point possible . 

With substance abuse being a major contributing factor 

to child abuse and neglect, it is critical that we collaborate 

across disciplines and agencies under the DEC Approach 

and start looking at all of these statistics in combination to 

understand their true significance . 

Behavioral health 

Behavioral health treatment providers know that children growing up in drug environments are denied the 

fundamental developmental experiences required to selfregulate, relate, communicate, and think . They may also 

experience neglect, daily chaos, a lack of safety, poor communication, violence, and disorganization . These can 

lead to emotional, behavioral, and cognitive problems .8 

Children whose parents abuse alcohol or drugs are three 

times more likely to be verbally, physically, or sexually 

abused and four times more likely than other children 

to be neglected .9 Recognizing that these children are in 

need of earlier identification and intervention is the first 

step in assisting these children and changing the trajectory 

of their lives . Under the DEC Approach, when treatment 

providers learn more about what is going on in households 

where children are being maltreated, they can address the 

full range of issues facing these children . 

7. Ibid. 

8. Kiti Freier Randall, “Drug Endangered Children: Risk Factors and 

Neuropsychological and Psychosocial Development” (unpublished white paper), 

http://www.nationaldec-conference.org/goopages/pages_downloadgallery/downloadget. 

php?filename=17712.pdf. 

9. No Safe Haven: Children of Substance Abusing Parents (New York: National Center 

on Addiction and Substance Abuse at Columbia University, 1999). 

Drug Endangered Children Guide for Law Enforcement 5 

Drug Endangered Children Guide for Law Enforcement 7 

 

Working Together under the DEC approach: 

how We Make Change happen 

Using the DEC Approach, professionals around the 

nation and across disciplines have found common 

ground . Together they are working toward breaking the 

cycle of abuse and neglect and creating healthier communities by building stronger families where children 

can be safe and thrive . 

The DEC Approach is a comprehensive strategy that 

focuses on the formation of community-based partnerships that engage professionals from multiple disciplines 

in developing a collaborative response to rescue, defend, 

shelter, and support children living in drug environments . 

This joint approach allows various disciplines to perform 

their job duties while also assisting in meeting the needs 

of these children . 

National DEC’s “Children + Drugs = Risk” perspective 

and trainings recognize that law enforcement performs 

a critical role in every investigation by identifying children at risk, gathering and sharing evidence, and bringing 

criminal charges for filing by prosecution . Upon completion of the DEC Approach trainings, law enforcement 

officers have the necessary tools to paint a more complete 

picture of the child’s life and the potential risks that he 

or she is facing . The information and evidence obtained 

during a DEC police investigation can be effectively used 

by child welfare and other disciplines involved in parallel investigations . The information gathered further serves 

to enhance and streamline the identification of services 

available for children at risk . 

The DEC Approach is based on collaboration and changing the status quo of how we respond to the needs of drug 

endangered children . In order to achieve this, we must 

have a common vision, a willingness to gain insight about 

our partners, and a commitment to change our practices . 

We also need to recognize that there will be controversy 

as we learn new perspectives, craft new working relationships, and take greater responsibility for the well-being 

of children . 

It seems clear that it is time to change so, 

what is change? 

Change means we change the status quo or the way we 

have done business for years: for example, changing our 

mindset from “children are child welfare’s responsibilities” to “children are everyone’s responsibility .” When we 

change our mindset, “DEC” becomes common terminology, and our response to drug endangered children 

becomes a part of our everyday professional practice and 

is institutionalized in our agencies . 

The Higher Education Research Institute suggests that 

inherent in “change” is a belief in the importance of 

making a better world and a better society for oneself and 

others—belief that “individuals, groups and communities 

have the ability to work together to make that change .”10 

The common elements for change include the following: 

•	 Recognition of an unacceptable situation 

•	 Shared vision for a desired outcome 

•	 Strong leadership 

•	 Guided activities of many 

•	 Persistence 

10. A Social Change Model of Leadership Development Guidebook, version 3 (Los 

Angeles, CA: Higher Education Research Institute, 1996), quoted in Wendy Wagner, 

“The Social Change Model of Leadership: A Brief Overview,” Concepts & Connections 

15, no. 1 (2006). 
8 Drug Endangered Children Guide for Law Enforcement 

What happens if we don’t change? 

•	 Children may receive no intervention or a delayed 

intervention . 

•	 Children may receive the wrong type of or 

insufficient services . 

•	 Children may receive no services or a delay in 

services . 

•	 Abuse and/or neglect may continue . 

•	 Children may suffer long-term effects from abuse 

and/or neglect . 

•	 Serious injury or fatality may occur to the child . 

Practical example: An undercover drug task force 

member observes a mother blowing pot smoke into 

her two-year-old son’s face to get him to stop crying. 

This officer has not only identified a drug endangered 

child but also observed an act of child endangerment. 

What happens in this situation if the officer does 

not call child welfare, as he or she may be afraid of 

compromising the undercover investigation? 

What happens if we do change? 

•	 Earlier intervention and services provided for 

children because of earlier identification 

•	 Expanded knowledge of and access to other 

disciplines 

•	 Greater willingness of other agencies to provide 

information to law enforcement investigations 

•	 Enhanced knowledge of evidence gathering, 

increasing law enforcement’s ability to file all 

applicable charges 

•	 Improved crime reporting by painting a more detailed 

picture of the problem 

•	 Increased crime prevention by breaking the cycle of 

abuse and neglect 

•	 Heightened morale and job satisfaction by identifying 

and protecting children 

Practical example: A patrol officer responds to a call of 

a small child wandering around in the neighborhood. 

The week prior, the officer arrested the mother of 

the child for possession of paraphernalia. In using 

the DEC Approach, the officer would look into the 

underlying cause of the situation and not just return 

the child back home. The officer would investigate 

whether substance abuse might be a significant 

factor and that the “lack of supervision” is due to the 

incapacitation of the caregiver. 

Practical example: Upon arrival to the hospital, 

law enforcement professionals tell the emergency 

department doctor that the three-year-old child was 

found wandering the street with only a diaper on 

while the temperature was only 45 degrees. In using 

the DEC Approach, law enforcement would relay 

additional information to the doctor. For example, the 

mother appeared to be high, there was no food in the 

house, the house was filthy with garbage and feces on 

the floor, and there was a white powdery substance 

on the kitchen table that tested positive for cocaine. 

With this information, the doctor would add a blood 

test to the exam to determine whether the child had 

ingested any drugs. 

Practical example: It is often common practice for 

paramedics, EMTs, and fire personnel on scene to 

look for any medication a person may be taking. 

This may include going into bedrooms, bathrooms, 

and kitchens and looking in places where there are 

possible medications. This enables them to see parts 

of the residence and provide others with information 

regarding drugs, risks, and safety issues in the house. 
Drug Endangered Children Guide for Law Enforcement 9 

gaining Deeper awareness and Key insights about 

DEC Partners 

“The DEC program in general and the WIDEC [Wisconsin Drug Endangered Children] 

Alliance have created many changes in the way we handle children from a law enforcement 

perspective when located at a drug investigation scene . Our own agency allows more 

documentation of the conditions the drug endangered child is found in . Cooperation between 

agencies continues to increase and makes things run more smoothly . Finally, the children are 

receiving the services that they are entitled to, and we hope that will help to make changes in 

their lives .” 

– Cynthia Giese, Special Agent in Charge, Division of Criminal Investigation, Wisconsin Department of Justice 

The DEC Approach is a collaborative effort that works 

across disciplines, agencies, and jurisdictions . Among the 

key partners that law enforcement can work closely with 

to identify, protect, and serve drug endangered children 

are the local child welfare professionals and the local 

prosecutors . In addition, having knowledge from medical, behavioral health, and treatment professionals assists 

law enforcement officers in their response . This chapter 

provides information about the roles and responsibilities 

of these practitioners as well as insights about how each 

discipline can provide leadership in enhanced working 

relationships and effective collaborative efforts—DEC 

Alliances—with these key partners . 

Even though each of the professionals discussed in this 

guide is a mandatory reporter (including law enforcement) and is required to call child welfare when abuse or 

neglect is known or suspected, many states struggle with 

underreporting or lack of reporting for various reasons .

These can include a lack of awareness of who is a mandatory reporter, fear of unnecessary removal of children, fear 

of being involved in a lengthy court case, the uncertainty 

of what information to report or how to report it, stigma 

in smaller communities as the “snitch,” and a history of 

perceived lack of response . 

However, the underreporting of child maltreatment is a 

serious problem . What is not reported cannot be investigated; therefore, children may continue to be at risk 

or unsafe . Furthermore, what is not reported reduces 

child welfare’s knowledge for future interventions with 

the family .11 

11. Family Matters: Substance Abuse and the American Family (New York: National 

Center on Addiction and Substance Abuse at Columbia University, 2005). 

Mandatory reporting is one vital component of identifying and protecting children who are maltreated, but collaboration on a broader scale between law enforcement, 

child welfare, and other professionals is just as important . 

Understanding the basic roles and responsibilities of each 

discipline is a key component in building a collaborative 

relationship . Having a basic understanding about why an 
10 Drug Endangered Children Guide for Law Enforcement 

agency responds the way it does eliminates frustration . 

This is definitely true with the complexity of the child 

welfare system . 

“Children and families involved with child welfare often are involved concurrently with other 

systems . The absence of effective collaboration among these systems minimizes the ability to 

view the child and family as a whole, limiting the potential to make informed case planning 

decisions . The DEC Approach, which brings together systems and utilizes the knowledge of 

many, maximizes opportunities to intervene and plan to support the child and family and 

improve the likelihood of breaking the cycle of abuse and neglect resulting from drug abuse .” 

–Sara Wilhelm, Social Work Supervisor, Connecticut Department of Children and Families 

Child welfare: roles and responsibilities 

Child Welfare is the name of the governmental agency 

that responds to reports of child abuse or neglect . Some 

states use other names such as Department of Children 

& Family Services, Social Services, Human Services, 

Family Services, and many more . Child welfare agencies 

often include related social service departments such as 

food stamp programs, financial assistance and aid, and 

housing programs . 

Child welfare workers have substantial responsibilities, 

which include the following: 

•	 Investigate child abuse and neglect . 

•	 Identify and assess the safety of children . 

•	 Identify and assess the risks to children . 

•	 Gather and analyze information and evidence on 

children and families . 

•	 Provide services to children and families . 

•	 Ensure child safety and well-being . 

•	 Provide permanency to children . 

Initial calls to child welfare 

Why do some calls to child welfare get a response and 

others do not? 

When law enforcement calls child welfare because of 

concerns about the well-being of a child, it is easy to imagine that action will be taken quickly by child welfare and 

that, at a minimum, there will be an investigation . After 

all, law enforcement is used to investigating incidents 

and circumstances in which it is not certain that a crime 

has occurred . 

Citizens are encouraged to call law enforcement with any 

concerns about suspicious behavior or potential criminal activity, and law enforcement usually investigates to 

determine what is taking place . Some law enforcement 

agencies might assume that a call to child welfare with a 

brief description of their concerns is sufficient information for child welfare to immediately open an investigation . Law enforcement has a lot of authority and stature 

in its role and thus is able to respond to calls for service 

quickly . Because of this experience, law enforcement 

might expect that child welfare would or should be able 

to respond to law enforcement’s calls in a similar manner . Thus, when child welfare doesn’t automatically 

open an investigation when called about potential child 
Drug Endangered Children Guide for Law Enforcement 11 

maltreatment, law enforcement—using its own standards 

for taking action—may become frustrated and conclude 

that child welfare isn’t doing its job . 

However, child welfare does something with every report 

of alleged child abuse or neglect . Child welfare evaluates 

and considers each piece of information provided during 

the initial call and uses it to determine if the case will be 

assigned to a child welfare worker for a response . This usually involves a supervisor or manager and possibly a group 

of child welfare professionals . Child welfare intake workers often refer to a list of questions to obtain information 

from the caller, including law enforcement . Table 1 on 

page 12 lists the types of information a child welfare intake 

worker may ask about during the intake call . The exact 

questions will vary from jurisdiction to jurisdiction . 

KEY DEC INSIGHT: Regarding Calls to 

Child Welfare
 

Under the DEC Approach, law enforcement learns that 

child welfare needs a certain threshold of information 

from a call before it can open an investigation. Child welfare agencies often use an information-gathering sheet 

to assist in determining whether it has enough evidence 

to meet state law requirements for initiating an investigation into the affairs of a family. Rather than providing brief 

information, law enforcement shifts its focus to providing as much evidence as possible to aid child welfare 

in determining whether it can and should investigate. 

In some jurisdictions, law enforcement uses the child 

welfare intake information sheet as a guide for providing the most useful and comprehensive information that 

child welfare needs. This insight about the standards 

that child welfare must use to open an investigation 

eliminates frustration, and law enforcement becomes 

a collaborative partner with child welfare in identifying 

children who have been abused or neglected or are at 

significant risk. 

The information obtained by a child welfare intake worker 

must rise to the level that meets a state’s laws and policies regarding abuse or neglect in order for child welfare 

to legally begin an investigation . If there is not sufficient 

evidence of harm or risk to a child, there will likely be no 

investigation, and the information gathered from the call is 

added to a child welfare database for future reference in the 

event of additional calls . This collection of information may 

eventually lead to child welfare opening an investigation . 
Table 1. Sample information to obtain from reporter during intake 

Demographic information 

Child: Parents or caregivers: Family composition: Reporter: 

•	 Name •	 Name •	 Names •	 Name 

•	 Age (date of birth) •	 Age (date of birth) •	 Ages (dates of birth) •	 Address 

•	 Sex •	 Race •	 Sex •	 Telephone number 

•	 Race •	 Relationship to the child •	 Race •	 Relationship to the 

•	 Permanent address •	 Permanent address •	 Location of all children in the family child or family 

•	 Current location •	 Current location •	 Names, ages, and location(s) of other children in •	 How they learned 

•	 School or daycare 

attending 

•	 Place of employment 

•	 Telephone number(s) 

* If the person alleged to have maltreated the child is 

a caregiver other than the child's parents, the above 

information should be gathered about both the 

parents and caregiver. 

the alleged maltreater’s care 

•	 Names of other relatives and nonrelatives living 

in the home, if the maltreater is not the birth 

parent (e.g., a babysitter, boyfriend, stepparent) 

•	 Names, addresses, and telephone numbers of 

other relatives and their relationship to the child 

•	 Names, addresses, telephone numbers, and 

other sources of information about the family 

of alleged 

maltreatment 

Information regarding the alleged maltreatment 

Type(s): Nature of maltreatment: Severity Location 

•	 Physical abuse (Specific characteristics and parental acts or •	 Extent of the physical injury (e.g., second- and •	 Setting where 

•	 Sexual abuse omissions) third-degree burns on half of the child’s body) abuse or neglect 

•	 Neglect 

•	 Emotional 

maltreatment 

•	 Physical abuse: burning, beating, kicking, biting, 

and other physical abuse 

•	 Neglect: abandonment, withholding of needed 

•	 Location of the injury on the child’s body 

•	 Extent of the emotional injury to the child (e.g., 

suicidal behavior, excessive fear of the parents or 

occurred (e.g., 

home, school, 

supermarket) 

medical care, lack of supervision, lack of 

adequate food or shelter, emotional deprivation, 

failure to register or send to school, and the 

effects of exposure to partner abuse 

•	 Sexual abuse or exploitation: fondling, 

masturbation, oral or anal sex, sexual intercourse, 

viewing or involved in pornography or forced 

prostitution 

caregivers) 

Chronicity: 

•	 Prior incidents of abuse or neglect 

•	 How long the abuse or neglect has been 

occurring 

•	 Whether abuse or neglect has increased in 

frequency or remained relatively constant 

•	 Emotional maltreatment: constant berating or 

rejecting treatment, scapegoating, and bizarre/ 

cruel/ritualistic forms of punishment 

12 Drug Endangered Children Guide for Law Enforcement 
Examples of information regarding the parents or caregivers 

Emotional and physical condition: 

•	 Expresses feelings in positive and healthy ways 

•	 Misuses drugs or alcohol 

•	 Suffers from physical illness 

•	 Suffers from mental illness 

Behavior: 

•	 Good impulse control 

•	 Awareness of triggers that cause them to be 

angry 

•	 Engagement in violent outbursts 

•	 Engagement in bizarre or irrational behavior 

•	 Possession of weapons in the home 

•	 Abuse of pets 

View of the child: 

•	 Empathizes with the child 

•	 Views the child as bad or evil 

•	 Blames the child for the child's condition 

Relationships outside the home: 

•	 Friends and the quality of those friendships 

•	 Social and emotional isolation 

Child-rearing practices: 

•	 Realistic and age-appropriate expectations of 

the child 

•	 Extent to which use of inappropriate verbal or 

physical punishment as the first response to 

misbehavior 

•	 Knowledge of different disciplinary techniques 

appropriate for the child's age and 

developmental status 

Examples of information regarding the child 

Child’s condition: 

•	 Physical condition 

•	 Emotional condition 

•	 Disabilities or impairments 

•	 Strengths 

Child’s behavior: 

•	 Extremes in behavior 

•	 Appropriateness of behavior given child’s age and developmental level 

Examples of information regarding the family 

Family characteristics: Family dynamics: Family supports: 

•	 Single parent or blended family •	 Serious marital conflict •	 Extended family members who are accessible 

•	 Adequate family income •	 Partner abuse and available 

•	 Parents employed •	 Disorganization and chaos •	 Relationships with others outside 

•	 Flow of strangers in and out of home the family 

•	 Evidence of drug dealing in the home •	 Connections in the community, such as houses 

of worship 

Source: Reprinted with permission from the Child Welfare Information Gateway: Diane DePanfilis and Marsha K. Salus, “Exhibit 5-1. Sample Information to Obtain from 

Reporter during Intake,” in Child Protective Services: A Guide for Caseworkers (Washington, DC: Office on Child Abuse and Neglect, 2003), 31–34. 

Drug Endangered Children Guide for Law Enforcement 13 
KEY DEC INSIGHT: Regarding Law 

Enforcement’s Perspective on the 

Life of a Child
 

Under the DEC Approach, law enforcement learns that
 

it has unique information and evidence about the harm
 

experienced by a child and the risks faced by a child.
 

With this information, law enforcement can greatly
 

supplement what child welfare may know about a family. As trained observers and criminal investigators, law
 

enforcement may notice different evidence and have
 

a different understanding of the nature of the risks to
 

children than a child welfare investigator. This can
 

include an understanding of what types of drug paraphernalia and drugs may be present, how the drugs
 

are ingested, and what their effects may be on users
 

or those exposed. With repeated visits, and perhaps
 

repeated arrests, over the course of days, weeks, or
 

months, law enforcement gains knowledge over time
 

that paints a more detailed picture of a child’s life. Law
 

enforcement can also gain information through normal
 

police work, surveillance, undercover work, or informants that child welfare wouldn’t normally have access
 

to. Law enforcement may conclude early on that drug
 

endangered children are crime victims. These observations and experiences are invaluable to child welfare
 

for understanding the nature of the risks faced by drug
 

endangered children.
 

Child welfare can respond in several ways to the 

initial call: 

•	 Screened in: This means there is enough information 

to suggest possible abuse or neglect and the need for 

intervention involving an investigation by child welfare 

of the allegations . 

•	 Screened out: This means there is not enough 

information regarding abuse or neglect for child 

welfare to respond . In most states, this screened out 

information is put into the child welfare database and 

can be looked at as needed for future reference . 

•	 Provision of information or resources: Child welfare 

can also provide resources or information to the caller 

at this point . This can include a phone number to 

another department, information to other programs 

such as a homeless shelter, or other community or 

program information . 

When there is enough information for a case to be screened 

in, child welfare opens an investigation . 

Why is law enforcement’s perspective of the child’s life 

so significant? 

Although it may seem obvious that a child is in danger to a 

law enforcement officer making a call, child welfare intake 

workers must consider a wide array of factors to determine 

whether the information is sufficient under each state’s laws 

to initiate an investigation . Generally, the more information law enforcement can provide about the suspected child 

abuse or neglect, the better . Providing as much information 

as possible is extremely valuable for child welfare intake 

workers during their screening process . 

Law enforcement officers often have unique opportunities 

to see children and families unannounced during routine 

police work, tactical entries, surveillance, and undercover 

activities . Information may be gathered through the eyes of 

informants, video cameras, or listening devices . This allows 

law enforcement to witness activities or circumstances other 

professionals might not have the opportunity to see, such as 

a parent exposing a child to illicit drugs . This in turn means 

that law enforcement has the unique opportunity to report 

information to child welfare that others are not aware of . In 

addition, law enforcement has unique training, skills, and 

14 Drug Endangered Children Guide for Law Enforcement 
experience that provide perspectives and details about the 

circumstances in a home involving children and drugs 

that no other professional might have . 

How can law enforcement prepare for making an effective 

call to child welfare? 

Law enforcement officers might think they do not have a 

lot of information to provide during the initial call to child 

welfare, but they may very well have quite a bit of useful information . The questions that child welfare intake 

workers ask during the call can vary from state to state and 

jurisdiction to jurisdiction, but there are many similarities . 

To help prepare law enforcement officers for their initial 

call to child welfare, National DEC’s network of professionals created the following list of information officers 

may be able to provide: 

•	 Reason for the call: What is the basis for law 

enforcement’s call to child welfare? What did 

law enforcement observe, hear, or discover that 

led to the call? 

•	 First-hand observations (e .g ., pictures or videos, 

if possible): Describe the risks to the children, and 

provide information that shows the impact the 

environment has on the children . (If possible, follow 

up with pictures of the residence or environment that 

show risk and safety concerns for children) . 

•	 Description and chronology of events: Paint a picture 

of the life of the child; provide any information during 

the initial call that might demonstrate what has 

happened to the child and what might happen in this 

child’s life on a daily basis . 

•	 Statements: These can include statements made by the 

child, parent/caretaker, or others, such as a neighbor . 

•	 Actions observed of the child or caretaker: For 

example, describe if a child appears fearful of a 

caretaker (e .g ., the child cowers when a caretaker 

talks to the child); if a child is “parentified,” that is he 

or she appears to be the adult in the household (e .g . 

makes adult decisions or takes care of siblings); or if a 

child is not developmentally on target . 

•	 History known by law enforcement: This can include 

criminal history, pending charges, call history, and 

family history . 

•	 Current resources, services, or supports of family or 

child: Inform child welfare if a family is connected 

with a church or has relatives willing to help . 

•	 Attitude of family members or caretakers: Describe if 

the parents are defensive, do not understand the risk to 

the children, or refuse to cooperate . 

•	 The alleged perpetrator’s access to the child: For 

example, has the alleged perpetrator moved out or 

gone to jail? Are the children going back to their 

mom’s house today, which may put them at risk? Do 

the children have nowhere else to go? 

•	 Child’s current medical, mental, social, and 

cognitive abilities/levels: These can include noticing 

that a three-year-old child is not walking yet, that child 

is difficult to understand, or that a child appears ill . 

•	 Current family stressors: These can include a parent 

losing a job, a family being evicted or moving, a death 

occurring in the family, a mother being pregnant, or a 

boyfriend or girlfriend moving out or in . 

•	 Possible consequences: This includes any impact on 

the children from any of the above scenarios . 

State mandatory reporting laws may also delineate the type 

of information that should be included in a report to child 

welfare . According to the U .S . Department of Health and 

Human Services, Administration for Children and Families, these reports typically include the following: 

•	 The name, age, sex, and address of the child 

•	 The nature and extent of the child’s injuries 

or condition 

Drug Endangered Children Guide for Law Enforcement 15 
16 Drug Endangered Children Guide for Law Enforcement 

•	 The name and address of the parent or other person(s) 

responsible for the child’s care 

•	 Any other information relevant to the investigation12 

Furthermore, reporters must provide as much detailed 

information as possible about the following: 

•	 The child, the child’s condition, and the child’s 

whereabouts 

•	 The parents and their whereabouts 

•	 The person alleged to have caused the child’s 

condition and his or her location 

•	 The family, including other children in the home 

•	 The type and nature of the maltreatment, such as 

the length of time it has been occurring, whether the 

maltreatment has increased in severity or frequency, 

and whether objects or weapons were used13 

The information law enforcement provides to child welfare can help paint a picture for child welfare about potential child maltreatment . Detailed information from law 

enforcement may be critical in enabling child welfare to 

open an investigation . The more information law enforcement can provide, the better equipped child welfare is to 

make decisions about the children and families involved . 

12. Jill Goldman, Marsha K. Salus, Deborah Wolcott, and Kristie Y. Kennedy, “Chapter 

Nine: What Does the Child Protection Process Look Like?” in A Coordinated Response to 

Child Abuse and Neglect: The Foundation for Practice (Washington, DC: U.S. Department 

of Health and Human Services, 2003), https://www.childwelfare.gov/pubs/usermanuals/ 

foundation/foundationi.cfm. 

13. Ibid. 

Child welfare time frames and investigations 

Why is the response to some calls immediate while 

others take days? 

When law enforcement officers make a call to child welfare 

about potential child abuse or neglect, they may expect 

an immediate response and that every call results in an 

investigation . In addition, law enforcement might assume 

that the investigation commences immediately . When 

child welfare doesn’t immediately begin an investigation 

and when the time frames for completing the investigation 

aren’t clear or aren’t communicated to law enforcement, 

frustration and misunderstanding can occur . 

The time frame to see the alleged child victim can be anywhere from immediate to 24 hours to up to five working 

days (and in some states even longer), depending on the 

circumstances of the alleged maltreatment, the current 

safety concerns, and the risk of harm to the children . 

Depending on the requirements under state laws, child 

welfare time frames to see the alleged child victims may 

include: 

•	 Immediate response: The child is in imminent 

danger/risk of harm or has already been harmed . 

•	 24-hour response: The child is not in imminent 

danger/risk of serious harm, or the child is at moderate 

risk . 

•	 Multiple-day response: There are no current safety 

threats; there is low risk to the child . 

•	 No response: There is not enough information 

regarding abuse or neglect . 

This method of triaging the information allows child welfare to send an investigator to the most at-risk and unsafe 

children while allowing more time to deal with other 

lower risk calls . For law enforcement, this can be compared to calls coming into dispatch that are triaged and 

responded to depending on the information provided . 

Those cases appearing to be the most serious and urgent 

get attention first . 

A similar process may take place during undercover drug 

investigations; law enforcement might receive numerous 

tips of illegal drug activity taking place, and each called 

is screened and placed on a priority list . The screening 
process for determining the type of response to these tips 

can include identifying proper jurisdiction, type of drug 

activity reported, credibility of the caller, details of the 

alleged activity, history at that location, and other calls 

about that location . Each piece of information is evaluated 

and is factored into the decisions made about the case . 

How long does child welfare have to complete its 

investigation? 

The short answer is that child welfare often does not have 

a lot of time to complete a child abuse and neglect investigation . Again, law and policy guide time frames . The 

time frames to close an investigation vary from 30 days 

to six months or more, all of which depends on state law 

and policy . 

Knowing the time frames for their jurisdictions will guide 

law enforcement agencies in assisting child welfare in a 

timely manner . Remember, the more information law 

enforcement agencies can provide to child welfare within 

their time frames, the greater the likelihood of better outcomes for children . 

More information = more informed decisions = 

better outcomes. 

What happens during a child welfare investigation? 

During a child abuse and neglect investigation, child welfare does the following: 

•	 Gather information and evidence 

•	 Talk to and interview collateral contacts and family 

members 

•	 Interview the children, their caretakers, and the 

alleged perpetrators 

•	 Assess the information and evidence to make 

decisions on the best course of action 

KEY DEC INSIGHT: Regarding Child 

Welfare Time Frames 

Under the DEC Approach, law enforcement learns that 

if child welfare “screens in” a case for investigation, 

there are certain time frames that guide when child welfare initiates the investigation and visits with the child, 

depending on the level of danger to the child. The more 

serious or imminent the danger to the child, the quicker 

the response. This is similar to the decisions that a law 

enforcement dispatcher has to make in deciding how 

quickly an officer must be dispatched to a potential 

crime scene or public safety incident. This makes the 

information provided to child welfare all the more critical, so they can make an accurate assessment of the 

urgency of their response. 

Once an investigation is initiated by child welfare, there 

are also time frames within which the investigation must 

be completed. This can be as short as thirty days or as 

long as many months. This is somewhat similar to the 

time frames that law enforcement must meet to provide 

sufficient evidence in a criminal case for a suspect to 

be held or the requirements for a speedy trial. 

The time frames for both initiating an investigation and 

for completing an investigation vary from jurisdiction 

to jurisdiction, depending on state and local laws and 

policies. But when law enforcement understands the 

process and time constraints of its local child welfare 

agency, frustration is reduced. Law enforcement can 

be helpful by providing their reports to child welfare 

and sharing information to child welfare within those 

time constraints. This partnership in sharing information 

ultimately benefits the children because more informed 

decisions can be made. 

Drug Endangered Children Guide for Law Enforcement 17 
 

If law enforcement and child welfare are both 

investigating abuse and neglect, who should interview 

the child? 

Child welfare has special training in interviewing children and families just as law enforcement is trained to 

interview suspects and witnesses for building a criminal 

case . Sometimes it makes sense for child welfare to interview children at school to gather information at a neutral 

location for the child . Other times, it may make sense for 

child welfare and law enforcement to interview a parent 

together at the hospital . Other times it may make sense 

for law enforcement to interview the child at a police station while the parents are being interrogated . Multiple 

interviews of a child causes trauma, and they may also 

diminish the value of the evidence and damage an investigation . Many child welfare and law enforcement agencies 

have access to a Child Advocacy Center (CAC) or Child 

Protection Center (CPC) . These places are usually used 

for child sex abuse cases but may sometimes be used for 

other cases involving severe physical abuse, human trafficking, and other severe or unusual incidents . When children are interviewed at child advocacy centers, they are 

forensically interviewed, and the interviews are recorded 

to use later for prosecution if needed . 

In the DEC Approach, child welfare and law enforcement 

work together to determine the best approach regarding 

interviews . It all depends on the circumstances of a particular case, which is why the collaboration between these 

two disciplines is so crucial . 

What does child welfare do with its investigation? 

It is important to remember that child welfare investigates 

only the allegations of child abuse and neglect; that is the 

basis of its authority . By the end of its investigation, child welfare makes a decision regarding whether it has enough information to determine if abuse or neglect occurred according 

to its’ state statutes . In most states, the burden of proof is less 

for child welfare findings than for criminal prosecutions . For 

most states, there are two main possible findings: 

•	 Substantiated/founded: “A finding of substantiated 

typically means that an incident of child abuse or 

neglect, as defined by state law, is believed to have 

occurred .”14 

•	 Unsubstantiated/unfounded: “A finding of 

unsubstantiated means there is insufficient evidence 

for the worker to conclude that a child was abused or 

neglected, or what happened does not meet the legal 

definition of child abuse or neglect .”15 

Information regarding the findings of the child welfare 

investigation is usually stored in a database or on a registry so that child welfare can reference this information at 

any time . 

What does child welfare do when it closes an 

investigation? 

Before closuring a child abuse and neglect investigation, 

child welfare decides what is in the best interests of the 

children and families . Child welfare generally has the 

choice to do one of the following: 

•	 Close the investigation with no further action 

•	 Close the investigation while also making referrals 

for services (e .g ., parenting classes, housing, or food 

stamps) 

•	 Close the investigation and open a voluntary service 

case 

•	 Close the investigation and open an involuntary 

service case (which means court involvement) 

14. Child Welfare Information Gateway, How the Child Welfare System Works (Washington, 

DC: U.S. Department of Health and Human Services, Children’s Bureau, 2013). 

15. Ibid. 

18 Drug Endangered Children Guide for Law Enforcement 
Child welfare mandates and children removal 

Why does child welfare leave children at home or return 

them to their home? 

This is one of the most frequently asked questions from law 

enforcement officers . When law enforcement is involved 

with a household because of illicit drugs, substance abuse, 

or other criminal activity and observes conditions that are 

unsafe for the children living there, the fact that child welfare leaves the children in the household or returns them to 

the home may be both frustrating and confusing . If the goal 

is protecting children, removal would seem to ensure their 

well-being much better than allowing them to stay in a risky 

situation . Over a period of time, law enforcement officers 

may have made multiple arrests of the same adults in the 

household, observed the same unsafe conditions, and even 

assumed that they would someday be arresting the children 

in the home as part of a multi-generational pattern of substance abuse and criminal behavior . When law enforcement 

discovers situations involving drugs and crime and children, 

removing the children seems like an effective solution . 

However, child welfare professionals, like law enforcement professionals, are bound by laws and policies set 

forth by federal, state, and local jurisdictions . For starters, the federal government has taken a keen interest in 

child abuse and neglect issues and, through laws enacted 

by Congress, has put key laws in place that child welfare 

agencies are required to follow . The following partial listing of child welfare-related federal laws, enacted over a 

40-year period, help explain some of the activities and 

responses of child welfare professionals: 

•	 Child Abuse Prevention and Treatment Act (42 

U.S.C. §5101) of 1974 

▪ Provides assistance and guidance to states in the 

development of programs around prevention, treatment, 

and identification of child abuse and neglect16 

16. See “Child Welfare Information Gateway,” www.childwelfare.gov. 

▪ Establishes requirements and guidelines for states 

and child welfare agencies regarding child abuse 

and neglect and requires mandatory reporting 

▪ Establishes a minimum definition of child abuse 

and neglect as “any recent act or failure to act on 

the part of a parent or caregiver, which results in 

death, serious physical or emotional harm, sexual 

abuse or exploitation, or an act or failure to act 

which presents an imminent risk of serious harm” 

•	 Indian Child Welfare Act (25 U.S.C. §1901) of 1978 

▪	 Governs the removal and out-of-home placement 

of American-Indian children 

▪	 Establishes standards for placing American-Indian 

children in foster and adoptive homes 

▪	 Enables American-Indian tribes and families to be 

involved in child welfare cases 

•	 Adoption Assistance and Child Welfare Act (PL96­

272) of 1980 

▪	 Requires states to make reasonable efforts to 

prevent the removal of children from their homes 

▪	 Requires states to make reasonable efforts to reunify 

children and families 

▪	 Requires states to place children in the 


least restrictive setting possible if a removal 


was unpreventable
 

•	 Adoption and Safe Families Act (PL105-89) of 1997 

▪	 Promotes adoptions of children 

▪	 Ensure health and safety concerns are addressed 

when child welfare is determining placement 

of children 

▪	 Clarifies ‘’reasonable efforts’‘ to include 


emphasizing children’s health and safety
 

▪	 Requires the U .S . Department of Health and 

Human Services to report on the scope of 

substance abuse in the child welfare population 

Drug Endangered Children Guide for Law Enforcement 19 
KEY DEC INSIGHT: Regarding Child 

Welfare Mandates and Removal of Children 

Under the DEC Approach, law enforcement learns that 

the laws and regulations that give child welfare the 

authority to investigate child abuse and neglect include 

certain requirements for using that authority. The laws 

reflect the public policies put in place by policy makers 

as to when child welfare – a government agency – can 

intervene and get involved with a family – often against 

the wishes of the adult family members. Just as the 

constitution and federal and state laws determine the 

circumstances under which law enforcement can arrest 

and incarcerate a person who may have committed a 

crime, laws governing child welfare determine when a 

child can be removed. This may vary from jurisdiction to 

jurisdiction as each location interprets the requirements 

and adds their own policies and procedures. 

Among the key components in child welfare law is the 

requirement that States make “reasonable efforts to prevent the removal of children from their homes” and that 

they make “reasonable efforts to reunify children and 

families.” If a removal is unpreventable, the law requires 

that the child be placed in the “least restrictive setting 

possible.” Essentially this means that child welfare must 

work diligently to keep families together, even if there 

may be risks to children, as long as those risks can be 

mitigated. Within the parameters of these laws, child 

welfare must make complex judgments and decisions 

about how best to protect children. Although a drug 

house with children involved may look inherently unsafe 

to law enforcement, child welfare is obligated by law 

to make reasonable efforts to keep the family together. 

Using the collaborative DEC Approach, law enforcement becomes a partner with child welfare by providing information about activities and evidence of risks at 

the home so that child welfare can determine whether 

the children are safe and to make sure all identified risks 

are mitigated. 

It is important for all involved with protecting 

children to know who in a state is allowed 

to remove children . 

These federal laws assist in guiding child welfare policy 

and practice in order to achieve safety and permanency 

for children within the child welfare system . For a more 

complete list and summary of federal laws related to 

child welfare, see the Children’s Bureau publication 

“Major Federal Legislation Concerned with Child 

Protection, Child Welfare, and Adoption,” which is downloadable at https://www .childwelfare .gov/pubs/otherpubs/ 

majorfedlegis .pdf . 

In addition to this array of federal laws related to child 

welfare, each state has its own set of laws and policies that 

define the role and authority of child welfare agencies . 

To review the state laws in a specific jurisdiction, see the 

Children’s Bureau searchable database “State Statues 

Search,” which is accessible at https://www .childwelfare . 

gov/systemwide/laws_policies/state/ . 

When does child welfare remove children? 

To remove a child, child welfare generally must make two 

determinations: (1) a child is not safe, and (2) a safety plan 

cannot immediately control for the threats to the child . If 

both of these circumstances exist, removal may be necessary . The process of removal varies depending on the 

state . Judges in all states are able to approve child welfare 

removing a child via a court order or emergency action . 

In some states, law enforcement, child welfare, or medical personnel can remove the child without prior contact 

with a judge, although a hearing before a judge is usually 

required shortly after removal . 

It is important for all involved with protecting children to 

know who in a state is allowed to remove children . 

20 Drug Endangered Children Guide for Law Enforcement 
Drug Endangered Children Guide for Law Enforcement 21 

Where are children placed when they are removed? 

If removal is necessary to ensure the child’s safety, child 

welfare is responsible for placing the child with a foster 

home, a kin or family home, a group home, a shelter 

home, or an emergency placement home . The availability 

and type of placement options vary per state and per area . 

Facilities or families certified or licensed by child welfare 

have previously been looked at and approved to make sure 

they are safe options for the placement of children . Some 

of these placements may have restrictions or preferences 

in regards to the number of children, the sex of the children, or the difficulty/needs of the children . 

When placing with kin or family who are not certified or 

licensed, child welfare has policies as to what is needed 

prior to placement . These requirements vary from state 

to state and can include a criminal background check, 

a child welfare background check, a medical check of 

the children, a home check of the kin or family’s home, a 

drug screen of the kin or family placement, etc . 

Keep in mind that each placement, even with family, can 

cause trauma to a child . But child welfare’s job is trying to 

find the best fit for the child . 

Does it make sense for law enforcement to place 

children without notifying child welfare? 

In some jurisdictions, law enforcement has the authority 

to remove children from a home because they are not safe 

or because the parents have been arrested . To stay on task 

and move on to the next case, law enforcement all too 

often may leave the child with another family member or 

a neighbor without notifying child welfare . Law enforcement may have contacted child welfare for past cases only 

to experience frustration at how long the response takes . 

And law enforcement may incorrectly assume that placement with a family member or a neighbor is an automatically safe placement . 

Child welfare risk and safety assessments 

What is the function of child welfare risk and safety 

assessments? 

Information screened in during the intake process results in 

an investigation by child welfare to determine whether the 

children have been harmed or are at risk of harm . Although 

it may or may not be obvious that a child has been abused or 

neglected or is at risk of being mistreated, child welfare has 

to examine the harm caused, the current safety of the child, 

and the risks of future harm . 

If there is a child abuse and neglect investigation, child 

welfare gathers information and evidence to complete a risk 

assessment and a safety assessment . Both assessments are 

tools designed to help child welfare make decisions about 

the well-being of the children, including whether to remove 

the child or to provide services to the family as part of a reasonable effort to keep the family unified . 

In order to complete risk and safety assessments, child 

welfare relies on information and evidence that has been 

observed, gathered, or provided to them . This is a great area 

for law enforcement and child welfare to share information 

freely . Child welfare makes decisions with the information it 

has, whether that’s a little or a lot, but the more information 

child welfare has, the more informed decisions it can make . 

The risk assessment evaluates the likelihood of maltreatment in the future . Risk is assessed on a continuum from 

low to high and has an open-ended time frame . 

The safety assessment is more focused on the immediate 

threats to the child . Safety is not assessed on a continuum; 

rather, a child is either safe or not . The safety assessment 

is mainly used to assist in decisions around the immediate 
 

KEY DEC INSIGHT: Notifying Child 

Welfare for Safe Placement
 

Under the DEC Approach, law enforcement gains 

knowledge about child welfare’s placement process 

and the value of making sure child welfare is involved in 

any placements. With the primary focus on the safety 

of children, a quick placement becomes less important 

than a safe placement. Law enforcement becomes 

a critical partner in helping child welfare determine 

whether a placement with a relative or neighbor is 

a safe placement by running names through law 

enforcement data bases and intelligence records. 

Having knowledge about child welfare’s removal and 

placement process and using the DEC Approach 

have decreased frustration and changed law enforcement’s response. Collaboration between the disciplines 

reduces misunderstandings and ultimately better 

serves the children. 

needs and issues of the children, including whether removal 

is necessary . When child welfare assesses safety, it looks at 

three areas: 

1 . Threats of danger to the child 

2 . Vulnerability of the child 

3 . Protective capacity of the parents/caregivers 

To be more specific, child welfare determines children 

are unsafe when there are “threats of danger” within the 

family or home, when “children are vulnerable to such 

threats,” and when the caregivers have “insufficient protective capacities to manage or control the threats,” making outside intervention necessary .17 All three of these 

conditions must occur for a child to be considered unsafe 

to child welfare . 

17. Therese Roe Lund and Jennifer Renne, Child Safety: A Guide for Judges and 

Attorneys (Washington, DC: ABA Center on Children and the Law, 2009). 

KEY DEC INSIGHT: Identifying Risks and 

Ensuring Safety 

Under the DEC Approach, law enforcement learns 

more about why child welfare must determine not only 

whether a child has been harmed but also whether 

the child is currently safe and what level of risk exists 

for future maltreatment. In addition, child welfare must 

determine how vulnerable the children are, how well 

the adults in the home can protect the children from 

harm, and whether providing services to the family and 

monitoring their progress and compliance will assist 

the caretakers in keeping the children safe. Under a 

DEC collaborative partnership, child welfare can share 

with law enforcement the risk and safety assessment 

tools child welfare uses to make its decisions, and 

law enforcement can help provide the evidence and 

observations that reveal more about the entire life of 

the children involved. This insight into the complexities 

of the work of child welfare reduces frustration for law 

enforcement and empowers it to be extremely valuable 

partners in helping child welfare make a series of difficult decisions about what will keep children safe and 

what, if at all possible, will keep families together. 

Child welfare takes steps to keep families together as long 

as child safety is maintained . This effort is part of the laws 

that govern this practice, such as the Adoption Assistance 

and Child Welfare Act of 1980 that requires states to make 

reasonable efforts to prevent the removal of children from 

their homes or to place children in the least restrictive 

setting possible if removal is unpreventable . 

22 Drug Endangered Children Guide for Law Enforcement 
Drug Endangered Children Guide for Law Enforcement 23 

What does “vulnerability of the child” mean?	 

When assessing a child’s vulnerability, child welfare looks 

at the following factors: 

•	 Age 

•	 Developmental level and mental disabilities 

•	 Physical disability and illness 

•	 Provocative, irritating, or non-assertive behaviors 

•	 Powerlessness and defenselessness 

•	 Visibility at school and in the community in general 

•	 Ability to communicate 

•	 Ability to meet basic needs 

•	 Being used as a scapegoat 

•	 Accessibility by perpetrator 

•	 Perpetrator’s relationship to the child18 

Under the DEC Approach, understanding the signs of a 

vulnerable child gives law enforcement a better understanding of what to look for and document . This makes 

law enforcement officers better investigators and better in 

their role of protecting public safety . 

Practical example: While doing a trash pull, a drug 

task force officer is looking for signs of drugs and 

children. The officer notices in the trash marijuana 

seeds and stems, aluminum foil with burn marks, and 

uncovered used hypodermic needles, as well as an 

infant’s diapers. The identification of this evidence 

raises the level of child welfare’s investigation to a 

high priority because of the increased risk to the child. 

18. Framework for Safety in Child Welfare (Washington, DC: National Association of 

Public Child Welfare Administrators, 2009). 

What does “protective capacity of the parent” mean? 

Protective capacity refers to whether a caregiver can and 

will protect a child . When assessing this capacity, child 

welfare takes into account whether the caregiver 

•	 demonstrates that his or her first priority is the wellbeing of the child; 

•	 has adequate knowledge and skills to fulfill his or her 

responsibilities and tasks; 

•	 has a positive attachment to the child; 

•	 is physically able; 

•	 understands his or her protective role; 

•	 demonstrates impulse control; 

•	 is tolerant as a parent; 

•	 has a strong bond with the child; 

•	 sets aside his or her own needs for the child’s; 

•	 expresses love, empathy, and sensitivity toward 

the child; 

•	 provides for the child via income, employment, 

housing, etc .19 

Law enforcement officers can also help child welfare determine the protective capacity of the parents by recording and 

sharing their observations and experiences with the family 

during their police work . This gives child welfare more 

information to work with and professional insights to consider when trying to determine what is best for the children . 

Practical example: Drug task force officers doing 

surveillance on a home observe cameras on the exterior 

of the house, tin foil covering the windows, and multiple 

individuals going in and out of the house at all hours of 

the night and into the morning while small children are 

standing in the doorway. Providing this evidence to child 

welfare raises the level of investigation to a high priority 

because of the increased risk to the child. 

 

19. Lund and Renne, Child Safety (see note 17). 
What does “threat of danger” mean? 

Threats of danger include conditions, behaviors, and attitudes present that make a child unsafe . The following list 

provides 15 examples of such types of threats: 

1 . 	No adult in the home is routinely performing basic and 

essential parenting duties and responsibilities . 

2 . 	The family lacks sufficient resources, such as food and 

shelter, to meet the child’s needs . 

3 . 	The caregivers lack the parenting knowledge, skills, and 

motivation necessary to ensure a child’s basic needs are 

met . 

4 . 	The caregivers’ behavior is violent, or they are behaving 

dangerously . 

5 . 	The caregivers’ behavior is dangerously impulsive, or 

they will not/cannot control their behavior . 

6 . 	The caregivers’ perceptions of a child are extremely 

negative . 

7 . 	The caregivers are threatening to severely harm a child, 

are fearful they will maltreat the child, and/or request 

placement . 

8 . 	The caregivers intend(ed) to seriously hurt the child . 

9 . 	The caregivers largely reject child protective services 

intervention, refuse access to a child, and/or may flee . 

10 . The caregivers refuse and/or fail to meet a child’s 

exceptional needs that do/can result in severe 

consequences to the child . 

11 . The child’s living arrangements seriously endanger the 

child’s physical health . 

12 . A child has serious physical injuries or serious physical 

symptoms from maltreatment, and the caregivers are 

unwilling or unable to arrange or provide care . 

13 . A child shows serious emotional symptoms requiring 

immediate help, lacks behavioral control, or exhibits 

self-destructive behavior, and the caregivers are 

unwilling or unable to arrange or provide care . 

14 . A child is profoundly fearful of the home situation or 

people within the home . 

15 . The caregivers cannot, will not, or do not explain a 

child’s injuries or threatening family conditions .20 

By developing and sustaining a working partnership with 

child welfare, law enforcement can look more broadly at 

the evidence in a home—beyond evidence that would 

prove a criminal offense—to look for threats of danger 

to children . 

20. Lund and Renne, Child Safety (see note 17). 

Practical example: A drug task force officer conducting 

an undercover drug deal is inside a suspect’s residence 

when the officer observes the suspect screaming and 

24 Drug Endangered Children Guide for Law Enforcement 
 

 

yelling at two small children, who cower away when 

the suspect raises his hand. The children are dressed 

only in their underwear. In addition, the officer observes 

holes in several walls and doors inside the residence. 

Identification of this evidence raises the level of child 

welfare’s investigation to a high priority because of to 

the increased risk to the child. 

What is a safety plan? 

Child welfare puts a safety plan into place to prevent 

removal, if possible . Safety plans incorporate interventions and actions to control and resolve safety threats that, 

if they were to continue, would leave the child in danger 

of ongoing or immediate harm . The safety plan outlines 

“strategies and services developed by the agency and family with the explicit goal of ensuring the child’s immediate 

safety .”21 Specifically, safety plans describe the following: 

•	 The specific actions to resolve the threats 

•	 The way the plan will be implemented 

•	 The way the plan will be monitored 

•	 The family’s involvement and reliability in the plan 

Child welfare closes the safety plan first to ensure the 

child’s well-being has been protected prior to closing a 

child abuse and neglect investigation . This is because 

child welfare is unable to monitor safety plans after closing the investigation . 

Child welfare service cases 

What is a service case, and when does it happen? 

Often child welfare opens service cases so it can provide 

families and children services, usually to address child 

safety and risk of harm, while the long-term law enforcement investigation is ongoing . Service cases generally open 

when child welfare closes investigations . According to the 

21. A Framework for Safety in Child Welfare (see note 18). 

U .S . Department of Health and Human Services, the reasons for providing services to children and their families 

include (1) “preventing future instances of child maltreatment” and (2) “remedying conditions that brought the 

children and their family to the attention of the agency .”22 

These service cases are different than child welfare investigations, as the cases are generally longer term and provide 

services to assist in stabilizing the family structure as well as 

in preventing any further or future maltreatment . 

22. Child Maltreatment 2011 (Washington, DC: Children’s Bureau, 2012), http://www. 

acf.hhs.gov/sites/default/files/cb/cm11.pdf. 

What services can child welfare provide families? 

After opening a service case, child welfare either directly 

provides the services, makes referrals for services with 

contracted agencies, or does a combination of both . Services can include the following: 

•	 Parenting classes 

•	 Substance use assessments and treatment 

•	 Mental health assessments and treatment 

•	 Financial assistance (food stamps, bus passes, etc .) 

•	 Therapy 

•	 Supervised visitation 

•	 Therapeutic visitation 

•	 Employment assistance 

•	 Housing assistance 

•	 Domestic violence services 

The type and amount of services depends on the needs 

of the children and family as well as the availability of 

services within the community . 

What is the difference between voluntary and involuntary 

service cases? 

It is helpful for law enforcement to know the difference 

between voluntary and involuntary service cases to better understand the family involved and the gravity of the 

Drug Endangered Children Guide for Law Enforcement 25 
26 Drug Endangered Children Guide for Law Enforcement 

family’s circumstances . Whether a family is involved with 

child welfare via a voluntary or involuntary case depends 

on many factors, including the type, severity, and length 

of maltreatment; parental capacity; risk to the children; 

level of parental cooperation; vulnerability of the children; and family need . Generally, the more severe the 

circumstances and maltreatment, the more likely child 

welfare will open an involuntary service case . 

Voluntary service cases are based on the following factors: 

•	 Risk to the children is lower . 

•	 Safety concerns to the children are fewer and less severe . 

•	 The court is not involved . 

•	 The case is meant to be preventative . 

•	 The case has the agreement of the family . 

•	 The family has ability to withdraw at any time . 

At any point in a voluntary service case, child welfare 

can file a petition for court involvement, thus making the 

case involuntary . 

Involuntary service cases are based on the following factors: 

•	 The children are at a higher risk . 

•	 More child safety concerns need to be addressed than 

in a voluntary case . 

•	 The court is involved . 

•	 Often, the case involves the removal of children, 

placement of children, protective orders, and an 

increased amount of services and monitoring . 

•	 The case includes specific services identified in the 

initial filing . 

•	 The court monitors the case . 

Having a collaborative relationship with child welfare 

can be extremely beneficial to law enforcement because 

knowing the difference between these two types of services helps law enforcement to understand that the circumstances around abuse and neglect are more severe 

for involuntary cases, that there may be protective orders 

in place, and that the court monitors families who are 

involved in an involuntary case . This information may 

lead to a more heightened response and closer monitoring by law enforcement officers when they have contact 

with families . 

When does a service case close? 

Service cases can be open for short periods of time, such as 

three to five months, or for longer periods of time, perhaps 

three to five years . Closing a service case depends on many 

factors, mainly the safety of the children, the risk for future 

maltreatment, and the progress of the family . If the family is not cooperating in services and the children can be 

placed only in foster care or an adoptive home, the service 

case remains open for a longer period of time . If the family is cooperative and works hard to correct the problems 

that brought them to the attention of child welfare, then 

the service case may be open for a shorter period of time . 

As long as child welfare has a service case open, child 

welfare monitors and provides services to the family and 

children . Also, as long as a service case is open, child welfare gathers information on the family to assess the safety 

of and risk to the children . 

Law enforcement and child welfare as DEC partners 

How can law enforcement and child welfare help each 

other under the DEC Approach? 

Law enforcement traditionally focuses on public safety 

and criminal activity, including drug arrests, drug seizures, and asset forfeiture . This often means arresting a 

parent . Child welfare traditionally focuses on determining 

the safety of and level of risk for children . Child welfare is 

also required by law to keep family units together if at all 

possible . On the surface, these may seem like divergent 

organizational priorities, but that’s not true . 
Drug Endangered Children Guide for Law Enforcement 27 

Generally, the more severe the circumstances and maltreatment, the more likely child welfare 

will open an involuntary service case . 

Under the DEC Approach, the safety and well-being of 

children is top priority . In working more closely with child 

welfare, law enforcement fully understands its key role in 

child safety, that ensuring a child’s well-being is also law 

enforcement’s responsibility and not something handed 

over to child welfare . Law enforcement’s key role is its 

ability to determine whether a child has been harmed . 

The evidence officers share can help child welfare make 

decisions about whether the child’s safety can be ensured 

and whether a family can remain unified or be re-unified . 

For many law enforcement officers, these priorities take 

on equal or even greater significance than the number of 

drug offenders arrested, of drugs seized, and of drug assets 

forfeited because of the officers’ strong desire to protect 

children . In some law enforcement agencies, the criteria 

for success have expanded to include identifying drug 

endangered children and providing evidence to child welfare so it can determine what needs to be done to protect 

the safety of those children . Each profession brings its own 

authority, standards, and obligations to the collaborative 

working partnership for the benefit of children . 

Are there specific benefits to law enforcement using 

the DEC Approach? Are there specific benefits to child 

welfare using the DEC Approach? 

Yes, there are identifiable and specific benefits to both law 

enforcement and child welfare in their respective areas 

of responsibility under the DEC Approach . Examples of 

how the DEC Approach benefits law enforcement include 

the following: 

•	 Helps to prevent crime and break the generational 

cycle of abuse and neglect by helping law enforcement 

to recognize that identifying and protecting children is 

a key component of every drug case 

•	 Enhances law enforcement’s evidence collection, 

documentation, and testimony for child endangerment, 

child maltreatment, or child abuse cases because child 

welfare informs law enforcement about risk assessments, 

safety assessments, and overall child abuse and neglect 

•	 Assists law enforcement in putting together operation 

plans because child welfare shares its knowledge 

about the children and families associated with the 

subjects of criminal investigations 

•	 Increases officer safety because child welfare shares 

information about household members, associates, 

family composition, residence layout, weapons, and 

dangerous animals in residence 

•	 Enhances law enforcement’s investigations because 

child welfare provides additional information 

gathered through its interviewing skills and 

experience with children and families 

•	 Assists law enforcement with the criminal investigation 

because child welfare shares its knowledge about prior 

substance use, drugs, paraphernalia, and other items 

associated with drug activity in the residence (hide 

cans, surveillance cameras, potential booby traps, 

precursor chemicals, weapons, etc .) because of its prior 

contact with the family 

Examples of how the DEC Approach benefits child 

welfare include the following: 

•	 Assists child welfare with risk and safety assessments 

because law enforcement officers share what they 

see and hear during search warrant executions, 

undercover investigations, surveillance, and trash 

pulls, such as the following: 

▪	 Parents using drugs in front of infants and children 

▪	 Parents leaving infants and children unattended to 

deal drugs 
28 Drug Endangered Children Guide for Law Enforcement 

▪	 Parents leaving infants and children with
 

inappropriate people
 

▪	 Drugs and paraphernalia present within the residence 

▪	 Parents allowing children to use drugs with them 

▪	 Parents blowing smoke during drug use in infants’ 

mouths or faces 

▪	 Parents transporting children without proper
 

safety seats
 

▪	 Domestic violence occurring in front of children 

▪	 Parents using inappropriate and irrational discipline 

with their children 

▪	 Parents providing an unsafe living environment 

because of drug trafficking, manufacturing, 

and cultivation 

•	 Assists child welfare in assessing the risk and safety 

of children by providing access to information from 

various law enforcement contact with the following: 

▪	 Patrol officers 

▪	 Detectives 

▪	 SWAT officers 

▪	 School resource officers 

▪	 DARE officers/instructors 

▪	 Drug and other task forces members 

▪	 Informants 

▪	 Concerned citizens 

▪	 Neighbors 

•	 Assists child welfare in determining targeted services 

for the child and family by having information, such 

as the following, from law enforcement: 

▪	 Substance use in the home 

▪	 Criminal activity in the home 

▪	 Violence in the home 

▪	 Evidence gathered during law enforcement 


investigations
 

•	 Increases the safety of child welfare workers when 

dealing with dangerous people or criminal activity 

during a child abuse and neglect investigation or a 

service case by having the above information and a 

positive working relationship with law enforcement 

These benefits to both law enforcement and child welfare

 serve the primary goal of protecting children . With child safety 

as a priority, both professions can work together in a fashion 

that does not compromise their respective missions but that has 

significant benefits for identifying, protecting, and serving drug 

endangered children . This relationship builds trust, facilitates 

collaboration, and results in mutually beneficial information 

sharing . This means law enforcement can contact child welfare without having to worry that child welfare will compromise 

the criminal investigation . Child welfare can take the information and assistance law enforcement provides and use them to 

paint a more realistic picture of what drug endangered children and families are facing . By helping each other, each profession becomes more effective, and children and families are 

the beneficiaries . 

Child welfare civil attorneys: roles and responsibilities 

What is the relationship between civil attorneys and child 

welfare? 

Child welfare civil attorneys generally represent the interests and process cases for local child welfare agencies . 

Their duties may be summarized as follows: 

•	 Advising child welfare agencies as to whether they 

have sufficient grounds to be involved with families 

with children 

•	 Representing the child welfare agency in court 

proceedings related to child maltreatment cases 

•	 Helping to enforce conditions imposed on parents 

in child maltreatment cases to protect the safety 

of children 

•	 Working with criminal prosecutors when there is an 

overlapping criminal case 
Drug Endangered Children Guide for Law Enforcement 29 

“When implemented, the DEC Approach allows child welfare to intervene earlier in children’s 

lives at a time when services still have a measurable impact . Without the DEC Approach, 

child welfare is often involved only after protective custody is deemed appropriate, which then 

introduces out of home placements, more trauma for the child, and more challenges in our 

efforts toward family reunification .” 

– Jennifer Neely, District Manager, State of Wyoming, Department of Family Services 

Although the child welfare system in each state is different, and they are all complex, Marilee M . McWilliams, 

a civil attorney who works for a child welfare agency in 

Arapahoe County, Colorado, said the following when 

describing her job: 

It is my job to advise the department on the legal
 

sufficiency of our involvement with families .
 

I am assigned a case from its inception to the
 

time it closes . The first hearing is a temporary
 

custody hearing where I have to show there is a
 

legal reason for the child to be removed from the
 

parent or for us to be involved in the family’s life .
 

The next hearing is a plea dispositional hearing
 

where the parent has the legal right to ask for
 

an adjudicatory hearing to a jury or a judge . I
 

have the duty to prove by a preponderance of
 

the evidence that the statutory criteria for being
 

involved with the family are true . We review
 

proposed treatment plans for legal sufficiency
 

and handle hearings on what is an appropriate
 

treatment plan . We make sure that legal timelines
 

are complied with, such as permanency for
 

children pursuant to the statute . We also handle
 

any motions for termination of parental rights,
 

and we also handle any appeals that are filed in
 

the dependency and neglect as a result of either
 

adjudications or termination of parental rights . We
 

also handle allocation of parental responsibility
 

motions where custody is given to one or both 

parents who are successful in our cases . We 

give legal advice to case workers on both courtinvolved and non-court-involved cases . 

What is the role of child welfare civil court hearings? 

Civil court hearings during a child abuse and neglect 

investigation occur within a couple of days of child welfare 

removing an unsafe child or after child welfare has asked the 

court for intervention . This first hearing determines what is 

in the child’s best interest around safety and risk, removal, 

placement, returning home, placement with kin/family, etc . 

The judge ultimately makes decisions based on the information and evidence provided by each party at this initial 

hearing, as well as any testimony heard . The civil attorney 

representing child welfare agencies pursues the course of 

action requested by child welfare before the court . 

For this initial civil hearing, it is important that child welfare provide the court with all relevant information and 

evidence that supports the removal of the children . This 

includes any law enforcement information and evidence 

that pertains to the child and family . If requested, it may 

also be necessary for law enforcement to attend this initial 

hearing to testify or to provide any clarification to the law 

enforcement investigation . Information and evidence provided by law enforcement makes child welfare’s case to the 

court and advocacy for child safety stronger . 
30 Drug Endangered Children Guide for Law Enforcement 

 

Under the DEC Approach, civil attorneys work closely 

with additional partners such as criminal prosecutors and 

treatment providers . If the common goal of all involved 

is breaking cycles of neglect and abuse, a wider array of 

alternative sanctions and services may be available . 

Criminal prosecutors: roles and responsibilities 

Criminal prosecutors are attorneys who are in a position to 

file and prosecute criminal charges when criminal statutes 

or other statutory provisions involving criminal sanctions 

are violated . Criminal prosecutors are referred to as district 

attorneys, county attorneys, state’s attorneys, city attorneys, 

or other names, depending on the state involved . 

The main duties of criminal prosecutors include 

the following: 

•	 Enforce federal, state, tribal, and local criminal laws 

•	 Determine whether law enforcement has collected 

enough evidence to file charges against an individual 

for committing a crime 

•	 Determine exactly what criminal charges to file for 

violation of particular criminal statutes 

•	 Decide whether to offer or accept a plea bargain from 

defendants or to take the charges to trial 

•	 Represent the public safety and justice interests 

of the community and state when prosecuting 

individual offenders 

•	 Make sentencing recommendations to the presiding 

judges related to criminal convictions 

•	 Initiate probation revocation hearings when a 

convicted offender violates terms of probation 

A prosecutor’s role is to be just and to exercise his or her 

discretion so it reflects a high degree of fairness . A prosecutor’s decision on whether or not to undertake prosecutions 

can affect the whole system of justice . Each decision made 

has tremendous potential to impact on the lives of the individuals involved if not on the entire community .23 

23. The Prosecutor’s Deskbook, ed. Patrick F. Healy (Chicago: National District Attorneys 

Association, 1971), 3–5. 

Law enforcement professionals work hand in hand 

on criminal cases with prosecutors . Law enforcement 

responds to incidents of criminal behavior, investigates 

the facts and circumstances, and collects the evidence that 

the prosecutor includes in the criminal filing . The prosecutor decides whether there is sufficient evidence to file 

criminal charges . 

Prosecutorial discretion is governed by professional, ethical, and legal standards . State statutes may give prosecutors the authority to decide whether a particular accused 

defendant is eligible for alternate dispositions such as a 

diversion program or specialized courts (drug, family, 

mental health, etc .) . Prosecutors also have the discretion 

to charge, prosecute before a jury or judge, or engage in 

plea negotiations . 

Prosecutors make sentencing recommendations to judges 

for cases they prosecute . Sanctions for particular criminal 

offenses are defined by statutes . A possible sentence may 

or may not include incarceration in jail or prison . Even if 

some jail time is involved, the majority of criminal offenses 

rely on community supervision in the form of probation . 

The prosecutorial phase is perhaps the most critical stage 

of the criminal justice process; at this point, many of the 

alleged offender’s and the crime victims’ rights are brought 

into play . The criminal justice system offers prosecutors 

a lot of influence and flexibility in deciding whether a 

case will be prosecuted, plead out, or be dismissed . The 

more information and evidence the prosecutor has about 

a case, the more comprehensive the decision making can 

be about how to move a case forward . The criminal justice 
Drug Endangered Children Guide for Law Enforcement 31 

and child welfare systems effectively collaborating via the 

DEC Approach can significantly impact the lives of drug 

endangered children . 

“As a prosecutor, I have a responsibility to ‘do justice’ for the community I serve . The DEC 

Approach changed my perspective on what that justice looks like . With the DEC Approach, 

prosecutors have the ability to use the powers of the office to look at the bigger problem and work 

together with other disciplines to create a healthier community by building stronger families’ 

homes where children are safe .” 

– Chris Corken, Assistant County Attorney, Dubuque, Iowa 

Why do prosecutors sometimes drop misdemeanor 

charges filed with felony drug charges? 

When law enforcement brings evidence of criminal behavior that fits within certain criminal offenses, the prosecutor 

must decide the full array of possible charges he or she can 

bring against the defendant . Serving justice requires that 

the prosecutor include the most serious charges possible 

in response to the defendant’s criminal behavior . Clear 

evidence to charge a major criminal offense may be the 

prosecutor’s priority . Lesser charges, such as misdemeanor 

child endangerment, may be secondary to the overriding 

goal of getting convictions for the highest charges possible . 

Should prosecutors pursue charges of child abuse and 

neglect along with charging drug offenses? 

The goals of getting convictions for the highest charge possible and convicting drug offenders as part of the enforcement component of the war against drugs might suggest that 

it is less important to pursue charges of child maltreatment, 

which may have lower penalties . Sentences for multiple 

convictions are often served concurrently, so convictions for 

lesser offenses wouldn’t automatically result in longer incarceration or an increase in overall sanctions . Thus, it may 

seem most efficient to pursue only the most serious charges . 

However, pursuing child abuse and neglect charges is a 

key component of the DEC Approach . To facilitate this, 

prosecutors who are part of the DEC Approach review the 

evidence gathered by law enforcement and the information provided by child welfare . As a result, the prosecutor knows more about the defendant as a parent and the 

dynamics of the family, and this knowledge plays a key role 

in helping the prosecutor to determine the most appropriate charges . 

Identifying that children are associated with the suspect of 

a criminal investigation creates a record of how the children were harmed and identifies them as crime victims 

(see “Key DEC Insights” sidebar on page 32) . Thus, gathering evidence and filing charges related to child abuse 

and neglect gives prosecutors the ability to influence terms 

of pretrial release, sentencing, probation, or parole . When 

the criminal justice system files criminal charges of child 

abuse and neglect, it may impact what happens in child 

welfare dependency/civil court . When these two systems 

work together, they strengthen each other’s response . 

The benefit of this to the criminal justice system is that 

as a condition of pretrial release, once the defendant is 

charged, he or she can be ordered to comply with the 

requirements of the child welfare agency that may be 

running a civil proceeding parallel to the criminal justice 

proceeding . If the parent or guardian fails to comply with 

the service plan ordered through the child welfare agency, 
32 Drug Endangered Children Guide for Law Enforcement 

KEY DEC INSIGHT: The Value of Pursuing 

Child Abuse and Neglect Charges Along 

with Drug Offenses 

Under the DEC Approach, prosecutors and law 

enforcement learn that filing and pursuing convictions 

for child abuse and neglect is critical in helping to identify, protect, and serve drug endangered children. With 

a focus on child safety, it is important to ensure that 

those who harm children or put children at risk are held 

accountable. Potential criminal sanctions can provide 

leverage to change the behavior of parents and make 

them comply with requirements to keep children safe, 

such as abstaining from drug use. 

Without filing and pursuing child abuse or neglect 

charges, there may be no record of the behavior 

that harmed these children. Child abuse and neglect 

charges also serve to identify drug endangered children 

as crime victims, which helps to create a record that 

may be relevant to establish subsequent child maltreatment. It also makes these children eligible for services 

paid for by crime victim services funding. These 

services may be a vital part of helping drug endangered 

children recover from the harms they have faced. Filing 

child abuse and neglect charges also becomes part 

of the mix of options when the prosecutor is balancing 

both the criminal aspects of the case with the goals 

of child welfare to provide services and keep a 

family together. 

he or she may be in violation of bond requirements . Bond 

violations could result in the defendant being incarcerated 

until such time as the trial is conducted . 

Why do prosecutors plea bargain so many cases? 

Only a small fraction of all criminal cases charged result 

in a trial . Although the right to a jury trial is in the Constitution, a defendant can waive that right . With the 

KEY DEC INSIGHT: Plea Bargaining Can 

Be an Effective Tool 

Under the DEC Approach, plea bargaining can be an 

effective way to impose conditions that are in the best 

interests of the defendant’s children during a probationary period. School attendance, regular medical 

attention, treatment for addiction, and other conditions 

may be included in the plea bargain that benefit drug 

endangered children. 

tremendous quantify of cases that criminal prosecutors 

must handle, decisions must be made as to which cases 

can be plea bargained and still serve justice and the public 

interest . Plea bargaining is an inherent part of managing 

the flow of criminal cases through the court system . Plea 

bargaining is arguably a reasonable trade-off that allows a 

defendant to plead guilty in exchange for perhaps a conviction on a lesser charge while the prosecutor avoids a 

full-fledged trial . The plea bargain may include significant conditions imposed during probation and may also 

include restitution for the victim of the offense . 

What options do prosecutors have when filing charges 

using the DEC Approach? 

In any criminal matter, prosecutors can initially charge, 

add a charge, or design a plea-negotiated disposition that 

he or she can recommend to the presiding judge . The 

DEC Approach combines prosecutors, law enforcement, 

and child welfare’s goals to ensure the safety of the public 

and the children involved, to hold parents accountable, 

and to enable reunification and recovery of the family 

involved . Moreover, the DEC Approach enables prosecutors, law enforcement, and child welfare to share information . These shared goals and information give prosecutors 

a range of options to assist drug endangered children . 

Although the law varies from state to state, the options can 

include diversion programs, deferred prosecution, plea 
Drug Endangered Children Guide for Law Enforcement 33 

KEY DEC INSIGHT: Sentencing to Support 

Being a Good Parent 

The DEC Approach signals to probation and the court 

that a key objective of the sentence should be to support the defendant’s ability to be a fit and appropriate 

parent. As part of the terms of the deferred judgment 

and sentence, the prosecutor can specifically require 

(as a written term of the deferred contract) that the 

defendant must comply with all court orders in the child 

welfare case and must support and complete all terms 

and conditions of the child welfare treatment plan. The 

practical result of a violation of the deferred contract is 

a felony conviction. 

bargains that include conditions on the parents, sentences 

of probation that incorporate requirements related to child 

safety and well-being, and deferred judgments . 

For example, under a deferred judgment and with the consent of the prosecutor, a court may give an offender the 

opportunity to complete a period of probation that occurs 

before a conviction is finalized and a sentence imposed . 

The probationary period may include requirements such 

as substance abuse treatment, school attendance, counseling, and other restrictions that facilitate recovery and 

reunification of the family . If the offender successfully 

complies with these requirements, the court has the option 

of dismissing the charges . Failure to comply may result in 

a conviction and sentence that may include incarceration . 

A child endangerment charge may be an appropriate case 

for a deferred judgment . 

If neither the prosecutor nor the court requires the defendant to cooperate and successfully complete the terms and 

conditions of the child welfare treatment plan, the probation department still has the discretion to require compliance with the child welfare matter . If this term is included 

in the criminal sentence, it eliminates the current obstacles 

experienced by parallel judicial proceedings . These obstacles relate to privacy requirements and the need for specific written releases of information by respondent parents 

before child welfare professionals can speak with criminal 

professionals . This authorization by the respondent parent 

can be a condition of the criminal court sentence, thus 

enhancing information sharing and collaboration . 

Criminal and civil prosecutors all agree that a fit and appropriate parent does not use drugs, commit new offenses, or 

waste community resources . Most important, fit parents 

can help break the cycle of abuse and neglect and personally benefit by avoiding criminal sanctions . If the DEC 

Approach is understood and used in criminal plea bargaining, children immediately have status and the consideration of the court, probation, and post-conviction service 

providers (e .g ., mental health, medical, rehabilitation, and 

supervision professionals) in criminal proceedings . 

What does the DEC Approach offer prosecutors? 

Under the DEC Approach, prosecutors use a multidisciplinary collaborative approach and investigation that 

allows information sharing before the prosecution makes 

its decisions . The DEC Approach requires communication between prosecution, law enforcement, child protection, probation, and others, such as treatment providers . 

The approach also allows them to discuss a variety of outcomes, which might include pursing all criminal charges, 

but the approach can also include other strategies, such as 

the potential to reunify the family after services and monitoring . If the professionals involved agree reunification is 

the prime goal, that agreement impacts decisions about the 

length of recommended criminal sentences, conditions 

placed on offenders during pretrial release and probation, 

and the types of treatment or other services that may be 

provided . Based on the information gathered upfront, if 
34 Drug Endangered Children Guide for Law Enforcement 

 

 

the outcome requires extended placement, termination, or 

extended incarceration, that outcome would also impact 

the prosecution decision . 

When the parents or guardians are charged with a crime, 

the state (prosecutor) can also ask that the judge require 

the defendant to cooperate with any already opened juvenile case, substance abuse evaluation and treatment plan, 

etc ., as a condition of pretrial release . This upfront leverage 

is often valuable, particularly with substance abuse issues, 

because it adds compulsion to the requirement that the 

defendant complete substance abuse treatment . According to a report from the Bureau of Justice Statistics, from 

state court arrests in 2006, “the median time from arrest 

to sentencing for all felony convictions was 265 days .”24 

The period between the arrest and conviction provides 

the defendant time to comply with treatment requirements and have his or her behavior and actions observed 

and recorded . If at the end of the process the defendant 

appears compliant and willing to work toward the successful, anticipated outcome, the state and defendant can enter 

a plea negotiation, which allows the defendant to remain 

on probation with the same requirements of cooperation 

with child welfare and with receiving mental health treatment, substance abuse treatment, medical treatment for 

children, etc . These then can all be made mandatory conditions of probation . 

24. Matthew R. Durose, Donald J. Farole Jr., and Sean P. Rosenmerkel, Felony 

Sentences in State Courts, 2006: Statistical Tables, Felony Sentences in State Courts 

Series (Washington, DC: Bureau of Justice Statistics, 2009 [revised 2010]), http://bjs. 

ojp.usdoj.gov/content/pub/pdf/fssc06st.pdf. 

How does the community prosecution model support the 

DEC Approach and help children and families? 

In response to the scourge of drug-related crime in the 

1980s, which drastically increased U .S . prison incarceration rates, “community prosecution” grew out of the 

efforts of a handful of innovative prosecutors who began 

to question the notion of merely locking up offenders . 

These prosecutors believed that processing their cases efficiently and fairly was not a panacea for crime reduction . 

Originally working under the radar and often in isolation 

from each other, these prosecutors began to experiment 

with and incorporate many of the techniques of 

community policing . Just as community policing and 

problem-oriented policing challenged the status quo for 

the dominant paradigm of policing, community prosecution represented and continues to represent a similar 

evolution from the traditional case processing and 

sanction setting paradigm of criminal prosecution .25 

That effort produced the following formal definition: 

Community prosecution focuses on targeted 

areas and involves a long-term, proactive 

partnership among the prosecutor’s office, law 

enforcement, the community and public and 

private organizations, whereby the authority of 

the prosecutor’s office is used to solve problems, 

improve public safety and enhance quality of life 

in the community .26 

The community prosecution model supports the DEC 

Approach by encouraging prosecutors to think holistically 

about the quality of life in their community in addition to 

traditional sanctioning . Prosecutors can also take the wellbeing of children and families into consideration as part of 

this prosecutorial approach . 

25. Susan P. Weinstein, John T. Chisholm, David LaBahn, and Steven Jansen, 

Community Prosecution: A Decade into the 21st Century (Washington, DC: Association of 

Prosecuting Attorneys, 2011). 

26. Community Prosecution Implementation Manual (Alexandria, VA: American 

Prosecutors Research Institute, 1995), 1. 
Drug Endangered Children Guide for Law Enforcement 35 

Medical professionals: roles and 

responsibilities 

The job responsibilities of medical professionals are vast . 

Caretakers, like doctors and nurses, work directly with 

patients to heal maladies, ease pain, and provide preventative care . This can include physical examinations, 

radiology work, administering medicine or injections, and 

long-term care in a hospital or out-patient facility . Also, 

non-professional caretakers, like practical nurses and 

ambulance workers, work directly with patients in different 

capacities, taking vital signs, monitoring conditions, and 

reporting directly to doctors and nurses . 

Medical professionals, regardless of their specific title 

or discipline, provide assessment and care to patients by 

obtaining information from the client and studying his or 

her vital statistics . Medical professionals may be consumed 

with identifying and treating the immediately present medical issues that they may not focus on other factors related 

to the patient’s family, on indications of substance abuse, 

and on the patients’ capacity to care for themselves or their 

children upon exiting the care of the medical professional . 

However, medical professionals have the opportunity to 

identify drug endangered children; treat children and 

families exposed to substance use; and collect evidence 

regarding child abuse, neglect, and substance use . Like 

law enforcement, medical professionals gather and document evidence during the course of their job duties, evidence that is used in the care of the child as well as in a law 

enforcement investigation . 

In some circumstances, medical professionals may be the 

first or even the only discipline to come in contact with a 

particular drug endangered child, especially if the child is 

pre-school age . Medical professionals may observe interactions between the caretaker and the child, treat a child for 

suspicious injuries, see a child for an initial foster care examination, or assess a parent for substance abuse treatment . 

Medical professionals perform primary roles in identifying 

children who have been neglected or abused, diagnosing 

the harm caused, and providing curative measures . When 

a child who is found needs immediate medical treatment, 

information about what happened to that child is critical 

to a proper diagnosis and treatment . In emergency situations, a prompt understanding of what happened may be 

crucial . Medical professionals benefit greatly from having 

the most information possible about the children involved, 

the other family members, and the circumstances that led 

to a child needing diagnosis and treatment . 

Law enforcement can provide key information and perspective on the children’s lives that may aid in the examination, diagnosis, and treatment . If illicit drugs or other 

controlled substances or abuse of legal substances is 

involved, providing details about those substances may be 

essential for medical professionals . 

A detailed understanding of the roles and responsibilities 

of the various medical professionals involved, as well as 

the types of information most helpful in the performance 

of their duties, fulfills the goals of the DEC Approach to 

reduce neglect and abuse of children . 

Are there specialized medical personnel that can assist in 

child abuse and neglect cases? 

There are specialized medical professionals with experience and training in areas such as child abuse and neglect 

and child sexual abuse/assault . These professionals often 

work in conjunction with both emergency and non-emergency medical personnel, or they may work in child advocacy centers or child protection centers . They often work 

closely with law enforcement and child welfare services to 

ensure the child is safely examined and interviewed in a 

child-friendly environment . 

In 2005, the American Board of Pediatrics established child 

abuse pediatricians as a subspecialty to increase education 

on and attention to the issue of child abuse and neglect . As 
36 Drug Endangered Children Guide for Law Enforcement 

 

a result, child abuse pediatricians have specialized training 

and focus around this issue . 

Forensically trained nurses are also specially trained in 

child abuse and neglect . They are registered nurses who 

have successfully completed a Sexual Assault Nurse Examiner (SANE) course or a Sexual Assault Forensic Examiner 

(SAFE) course . Their job duties can include the following: 

•	 Collecting forensic evidence 

•	 Providing crisis counseling to victims 

•	 Evaluating adult or child sexual assault victims 

•	 Conducting forensic medical examinations of children 

•	 Assisting in providing information for the prosecution 

of cases 

•	 Testifying in legal proceedings related to examinations 

•	 Ensuring the proper chain of custody and integrity of 

the samples so they are admissible in court 

Do coroners and medical examiners fit in the DEC 

Approach? 

Approximately five children die every day in the United 

States because of abuse and neglect . Thus, medical examiners and coroners—who are best known for performing 

autopsies—can provide evidence and information that can 

assist law enforcement in criminal investigations .27 This 

evidence and information might include the following: 

•	 Cause and manner of death 

•	 Trauma and injuries to the body 

•	 Harm to the body 

•	 Child abuse and neglect 

•	 Substance use through toxicology reports 

•	 Death records 

•	 Data and community trends 

Practical example: Upon the death of an 8-month-old 

child whose mother rolled over on him while they both 

slept on the bed, the medical examiner consults with 

law enforcement regarding parental substance use as 

a possible reason for the death. 

“Medical professionals are key in the evaluation and treatment of drug endangered children 

and need to be educated in the DEC Approach so they are aware of the problems these kids 

face . Medical professionals should be integral in the diagnosis of these kids’ developmental 

problems as well as psychological problems . They [drug endangered children] need to be 

followed for years in a stable medical home so all their needs are addressed . Trauma is rampant 

with these children and is at the core of the pathology they suffer from .” 

– Michael F . Stratton, DO, FAAP, FACOP, Children’s Clinic, Muskogee, Oklahoma 

How do medical data privacy laws such as HIPAA affect 

law enforcement in the DEC Approach? 

Data privacy laws such as personal health data protection 

under the Health Insurance Portability and Accountability Act (HIPAA) are complex and may impact law 

enforcement’s ability to obtain information about a suspect or victim . But HIPAA has exceptions, and there are 

27. Child Maltreatment: Strengthening National Data on Child Fatalities Could Aid in 

Prevention (Washington, DC: U.S. Government Accountability Office, 2011), GAO-11-599. 
Drug Endangered Children Guide for Law Enforcement 37 

circumstances under which law enforcement can obtain 

or receive medical and health information—particularly 

if there is an active investigation or when the information 

is needed to prevent injury or harm to others . If a doctor’s 

information and documentation are in conjunction with a 

criminal case or if a criminal act has been discovered during an exam, this information and documentation could 

be critical for prosecuting a criminal case and identifying the person or child as a victim; thus, this information 

could then be provided to law enforcement . However, if 

the information is not relevant to a criminal case or a criminal act, then law enforcement most likely cannot obtain 

the information . 

Data privacy laws are designed to protect personal information about individuals, but in some instances, they seem to 

inhibit criminal investigations or full cooperative relationships between law enforcement and child welfare or medical personnel . However, because there are circumstances 

under which law enforcement can and should obtain 

information, medical professionals should work with legal 

advisors and help foster the notion that sharing information 

is a key component to the collaborative DEC Approach . 

For more about disclosing information to law enforcement under HIPPA, visit the U .S . Department of Health 

and Human Services web page, “When Does the 

Privacy Rule Allow Covered Entities to Disclose Protected 

Health Information to Law Enforcement Officials?” 

at www .hhs .gov/ocr/privacy/hipaa/faq/disclosures_for_law_ 

enforcement_purposes/505 .html . 

How can law enforcement assist medical professionals in 

the DEC Approach? 

Law enforcement can provide medical professionals 

documentation, education, and consultation regarding 

drug endangered children . The documentation can be 

through photographs, evidence sheets, videos, and reports . 

The education can include information regarding the 

following: 

•	 Drug identification 

•	 Current drug trends law enforcement is seeing within 

the community: e .g . an increase in synthetic or 

prescription drug use 

•	 New methods of places for injection: e .g ., in between 

the toes 

•	 New methods of transporting drugs: e .g ., concealing 

drugs in body cavities 

Consultation can be as simple as law enforcement’s 

availability to answer questions with which medical professionals may need assistance . 

Practical example: A person comes into the 

emergency department of a hospital with redness on 

his face that appears to be a burn. The person also 

appears to be high. Medical professionals have never 

seen this type of injury before, and the explanation 

from the patient does not seem to fit. Medical 

professionals also notice the patient has white pellets 

imbedded in his hair. The nurse practitioner contacts 

law enforcement to discuss the situation, and law 

enforcement advises the nurse practitioner that the 

redness and white pellets are evidence that the patient 

was involved with manufacturing meth and may have 

used meth. 

What documentation from law enforcement can benefit 

medical professionals? 

In the DEC Approach, it is beneficial for law enforcement 

to share its evidence and information with medical professionals regarding children and their living environment . 

Medical professionals then have a better understanding of 
38 Drug Endangered Children Guide for Law Enforcement 

the children’s lives, including their potential risk to various types of exposures . This evidence and information can 

include the following: 

•	 Types and quantity of drugs present along with the 

location 

•	 Chemicals and substances used in the cultivation or 

manufacturing of drugs 

•	 Other chemicals and other substances present and 

their location 

•	 Ways in which the drugs were stored or found, such as 

crushed or in syringes, uncapped bottles, tin cans, or 

baggies 

•	 Condition of the home, such as whether filth, feces, 

garbage, bugs, or rodents are present 

•	 Other risks to the children, such as accessible 

insulation, make-shift wiring, odd smells, or unknown 

substances 

•	 Photos or videos of the scene, home, or life of the 

child 

•	 Statements made by children and others 

•	 Observations of children and parents, such as 

abnormal behavior, developmental delays, possible 

intoxication, reaction to police involvement, bizarre 

behaviors, or possible medical conditions 

•	 Medication at the scene or within the residence 

With this additional information, medical professionals 

can then decide, for example, whether to test for infectious diseases because of needle exposure, whether to test 

for drugs in the child’s system because drugs were found in 

the house and because of the child’s behavior, and whether 

to look for further signs of abuse and neglect . Without this 

shared information, medical professionals may not have 

reason to look for or treat these items . 

How can law enforcement benefit from medical 

professionals in the DEC Approach? 

From a law enforcement perspective, medical professionals’ documentation and evidence collection can assist with 

a criminal investigation and, more important, with any 

necessary intervention in the child’s life . Law enforcement 

officers often have the opportunity to observe obvious injuries to the children, but they are not always able to see, 

observe, or understand every injury or condition . Medical 

professionals are able to assist with some of the injuries or 

conditions that while unseen or unknown, are important 

to both the child and any criminal investigation . These 

can include the following: 

•	 Broken bones 

•	 Ear infections 

•	 Tooth decay 

•	 Odd or unusual injuries 

•	 Injuries with odd shapes 

•	 Genital area injuries 

•	 Untreated injuries and illnesses 

•	 Internal injuries 

•	 Previous injuries, such as previous fractures 

•	 Rashes 

•	 Burns 

•	 Lice and bed bugs 

Medical professionals can also educate law enforcement 

on current trends emerging among the medical community, such as illicit drugs, new methods of ingestions, 

and new compounds of drugs that are causing visits to the 

emergency department . This information can give law 

enforcement additional intelligence about what is happening in the community . 
Drug Endangered Children Guide for Law Enforcement 39 

 

 

Furthermore, medical professionals can provide law 

enforcement the following: 

•	 Medical diagnosis of injuries 

•	 Medical observations and opinions 

•	 Medical concerns 

•	 Pictures and documentation of injuries 

•	 Blood and urine drug screen results 

•	 X-rays, diagnostic testing, and labs as they pertain to 

drug endangered children 

•	 Results of interviews conducted by medical staff 

•	 Expert testimony 

•	 Knowledge from a medical perspective of how drugs 

effect children and adults 

•	 Medical consultation for law enforcement around 

drug endangered children 

Medical professionals can also provide consultation to law 

enforcement officers for situations in which they are unsure 

or need medical information . Access to medical personnel 

without institutionalized obstacles allows law enforcement to 

gather needed information, possibly even while on the scene . 

Practical example: Law enforcement officers enter 

a home in which the children are exposed to and 

play in insulation on the floor. The officers, feeling 

comfortable consulting with medical professionals, 

contact them regarding the risks to the children. As a 

result, the officers learn that if the children ingested the 

insulation, it could cause serious harm or even death. 

Behavioral health and treatment providers: 

roles and responsibilities 

What is behavioral health? 

The Substance Abuse and Mental Health Services Administration defines behavioral health as 

a state of mental/emotional being and/or choices 

and actions that affect wellness . Substance 

abuse and misuse are one set of behavioral 

health problems . Others include (but are not 

limited to) serious psychological distress, suicide, 

and mental illness . . . . Such problems are 

far-reaching and exact an enormous toll on 

individuals, their families and communities, and 

the broader society .28 

28. “A Behavior Health Lens for Prevention: What is Behavioral Health?” Substance 

Abuse and Mental Health Services Administration, http://captus.samhsa.gov/preventionpractice/prevention-and-behavioral-health/behavioral-health-lens-prevention/1. 
40 Drug Endangered Children Guide for Law Enforcement 

 

“Protecting children at risk from a caregiver’s mental health or drug abuse problems is a more 

complex issue than one agency can effectively handle alone . The best possible option to protect 

children is a multifaceted, streamlined, collaboration of dedicated agencies working together 

toward the common good of the child . What the child needs to hear are many voices with one 

message: ‘We will not fail you!’” 

– Ron Griffin, MSW, MSA, CRPS, Human Services Program Coordinator / 

Instructor, Longview Community College—Social Science Division, Lee’s Summit, Missouri 

Thus, for the purposes of this guide, behavioral health 

refers to substance abuse and mental health treatment 

and services . 

Behavioral health professionals may have medical, addiction treatment, or counseling/therapy training . They can 

be psychiatrists who are medical doctors with a focus 

on treating mental health issues, psychologists who are 

trained in psychology and behavior issues, therapists who 

are trained to deal with trauma and other issues, or treatment counselors who are trained in addiction and recovery issues . These professionals have their own set of laws, 

regulations, and policies under which they work . Any or 

all of them may be involved with a family that has engaged 

in drug trafficking or substance abuse and may be called 

on as part of a service or treatment plan to try to move the 

family and the children involved to successful recovery . 

In fact, treatment for and recovery from substance abuse or 

addiction are two other aspects of behavioral health, both 

of which are needed for breaking the cycles of neglect and 

abuse . To achieve these goals, the DEC Approach encourages partnering with different disciplines in a way that 

supports the best interest of the children; thus, behavioral 

health professionals are a natural part of the DEC collaboration . One aspect of breaking these cycles is getting 

the children the necessary care needed to help change the 

trajectory of their lives . 

How does behavioral health treatment help law 

enforcement in the DEC Approach? 

Because behavioral health treatment information is confidential, law enforcement can benefit from these providers 

in other ways . Behavioral health professionals can assist 

law enforcement by educating officers on the signs and 

symptoms of trauma, substance abuse, and mental illness; 

clarifying what information/evidence may be beneficial to 

behavioral health professionals in treating children; and 

consulting with officers about specific cases involving substance abuse or mental health and treatment options . 

Practical example: A therapist from a local mental 

health and substance abuse treatment center makes 

a presentation at a law enforcement in-service training 

to help officers understand the impact of addiction 

and related behavior. 

What is addiction? 

According to the National Institute on Drug Addiction, 

“addiction is a chronic disease, just as diabetes and cancer 

are diseases .”29

29. “What Is Addiction?” National Institute on Drug Addiction, http://easyread. 

drugabuse.gov/what-is-addiction.php. 

As with these other chronic diseases, lifelong treatment may be necessary, and setbacks are common . However, “addiction is not simply a weakness . People 
Drug Endangered Children Guide for Law Enforcement 41 

How Addiction Changes a Brain 

 Addiction is a brain disease.
 

 Drugs change how the brain works.
 

 These brain changes can last for a long time.
 

 They can cause problems like mood swings, 


memory loss, and even trouble thinking and

making decisions.

from all backgrounds, rich or poor, can get an addiction . 

Addiction can happen at any age, but it usually starts when 

a person is young .”30 

Another common judgment or assumption is that a person 

can just quit using drugs . Law enforcement officers across 

the nation arrest people every day who are struggling with 

addiction because of their criminal behavior, but officers 

receive little training on addiction and addictive behavior . 

Having this knowledge can help offices to understand 

some of the causes of destructive behavior and the types 

of responses that can help change a family’s circumstances 

and protect children from harm . 

When addicted, a drug user can’t stop taking a drug even 

if he wants to . The urge is too strong to control, even if he 

knows the drug is causing harm . When people start taking 

drugs, they don’t plan to get addicted . They like how the 

drug makes them feel . They believe they can control how 

much and how often they take the drug . However, drugs 

change the brain . Drug users start to need the drug just 

to feel normal, and that addiction can quickly take over a 

person’s life . 

Addiction can become more important than the need to 

eat or sleep . The urge to get and use the drug can fill every 

moment of a person’s life . The addiction replaces everything the person used to enjoy . An addict might do almost 

anything—lying, stealing, or hurting people—to keep taking the drug, which could get the person arrested . 

30. Ibid.

KEY DEC INSIGHT: The Impact of 

Addiction and the Role of Recovery
 

Under the DEC Approach, law enforcement and others 

learn about the nature of addiction, that it is a chronic 

disease and not just the result of poor choices by weak 

people. Addiction changes the brain chemistry and the 

way the brain functions. An addict’s priorities often shift 

to a compelling need to recreate the feelings and state 

of mind caused by the ingested drug. It’s not necessarily true that addicted parents don’t care about their children; rather, the disease of addiction has displaced the 

parents’ priorities. Treating addiction involves far more 

than convincing a person to make better choices—it is 

a lifelong journey for the addict to avoid those substances that have altered his or her physiology. 

Under the DEC Approach, the well-being of children is 

the top priority, which means addicted parents need to 

recover from their addiction to be the best parents possible. Despite skepticism about recovery, law enforcement must accept the fact that recovery is possible 

in order to believe that families can be successfully 

reunited. Without an understanding of addiction and 

a belief in recovery, the DEC Approach may seem at 

best like wishful thinking and at worst a conspiracy of 

pretending to help drug endangered children. 

Why are law enforcement officers so skeptical of 

recovery? 

Law enforcement can be skeptical about treatment and 

recovery . After multiple visits to drug environments, sometimes across years and generations, many law enforcement 

officers believe recovery is not possible, and when the 

repeat calls stop, they generally assume the person died, 

moved, or is in jail . Officers usually don’t think, “Wow, I 

haven’t seen that person I arrested in months . He must be 

in recovery!” 
42 Drug Endangered Children Guide for Law Enforcement 

“It is not that the person is in treatment for 28, 45, or even 60 days . . . . No, the more important 

question is what the person is actually doing in treatment that shows their success . A client can 

provide a judge a piece of paper that says they completed 28 days of treatment, and the judge 

should be asking follow-up questions that demonstrated the clients change in behavior .” 

– Nicolas Taylor, PhD, Taylor Behavioral Health, Montrose, Colorado 

Yet learning about addiction, treatment, and recovery is an 

important component of the DEC Approach . When law 

enforcement officers arrest someone struggling with addiction, they need to know they are seeing that person in his 

or her darkest hour . 

The DEC Approach gives law enforcement a new perspective . Knowing that the person being arrested might be an 

addict as well as a parent can change the way officers look 

at the situation . In addition, knowing that the drug arrest 

might be the event that pushes the arrestee to change his 

or her life for the better can also give officers hope that 

they will be able to change for the better the lives of any 

involved children . 

Is court-ordered treatment effective? 

A lot of debate surrounds this topic, and a significant factor 

of success depends on the actual treatment provided and 

the person’s progress in the treatment program . Not everyone pressured into treatment by the legal system succeeds 

in treatment, and some participants may be “going through 

the motions”—perhaps long enough to regain custody of 

their children . But with addiction being a chronic disease 

and recovery a life-long journey, court-ordered treatment 

can be an important step . 

According to the National Institute on Drug Abuse, 

Often, the criminal justice system can apply legal 

pressure to encourage offenders to participate 

in drug abuse treatment; or treatment can be 

mandated through a drug court or as a condition 

of pretrial release, probation, or parole . A large 

percentage of those admitted to drug abuse 

treatment cite legal pressure as an important 

reason for seeking treatment . Most studies suggest 

that outcomes for those who are legally pressured 

to enter treatment are as good as or better than 

outcomes for those who entered treatment 

without legal pressure . Individuals under legal 

pressure also tend to have higher attendance 

rates and remain in treatment for longer periods, 

which can also have a positive impact on 

treatment outcomes .31 

There are other reasons why court-ordered treatment can 

benefit the DEC Approach . First, the parents are not in 

prison and potentially have the opportunity to be reunified 

with their children if they are in compliance with court 

orders . Second, court-ordered treatment might also provide the person with the means to receive treatment that 

might have otherwise been unaffordable . 

31. National Institute on Drug Abuse, “Is Legally Mandated Treatment Effective?” in 

Principles of Drug Abuse Treatment for Criminal Justice Populations: A Research-Based 

Guide (Bethesda, MD: National Institute of Health, 2006). 
Drug Endangered Children Guide for Law Enforcement 43 

Trauma and long-term impacts 

What is trauma? 

The word “trauma” is used to describe experiences or 

situations that 

•	 are emotionally painful and distressing; 

•	 overwhelm people’s ability to cope; 

•	 leave people feeling powerless; 

•	 create substantial and lasting damage to the 

psychological development of the individual . 

Traumatic experiences can include situations that are 

dehumanizing, shocking, or terrifying . They can be singular or multiple compounding events over time . They can 

include the betrayal of a person or institution and a loss of 

one’s safety . 

What are the long-term impacts of trauma? 

Children growing up in drug environments are denied the 

fundamental developmental experiences required to selfregulate, relate, communicate, and think . They may also 

experience neglect, daily chaos, lack of safety, poor communication, violence, and disorganization . These can lead 

to emotional, behavioral, and cognitive problems .32 

The Adverse Childhood Experiences (ACE) study33 is 

“one of the largest scientific research studies addressing the 

relationship between childhood trauma with mental and 

32. Kiti Freier Randall, “Drug Endangered Children: Risk Factors & Neuropsychological and 

Psychosocial Development” (unpublished white paper), http://www.nationaldec-conference. 

org/goopages/pages_downloadgallery/downloadget.php?filename=17712.pdf; see also 

Marianne L. Barton and Diana Robins, “Regulatory Disorders,” in Handbook of Infant Mental 

Health, 2nd ed., ed. Charles H. Zeanah Jr. (New York: Guilford Press, 2000). 

33. See V.J. Felitti, R.F. Anda, D. Nordenberg, et. al., “Relationship of Childhood Abuse 

and Household Dysfunction to Many of the Leading Causes of Death in Adults: The 

Adverse Childhood Experiences (ACE) Study,” American Journal of Preventive Medicine 

14 (1998): 245–258. 

KEY DEC INSIGHT: Trauma and Drug 

Endangered Children 

Under the DEC Approach, law enforcement officers 

learns that in addition to the immediate harms and risks 

faced by drug endangered children living in homes 

involved in the drug trade or substance abuse, there 

are likely to be long-term impacts on these children that 

need to be addressed. Children with parents focused 

on drugs may experience neglect, lack of parental support, exposure to criminal activity, domestic violence, 

irregular school attendance, and erratic and hurtful 

behavior from the adults in the household. Any one of 

these circumstances can be traumatic to a child, and 

as multiple factors are often at work, drug endangered 

children face the challenge of overcoming the adverse 

impact of their experiences. 

Even law enforcement’s or child welfare’s engagement with a family can be traumatic for children. For 

example, children may witness law enforcement officers 

enter the home in SWAT gear, watch officers arrest 

their parents and deal with their parents’ absence 

during incarceration, and have child welfare workers 

confront their parents and perhaps separate them from 

their parents. All of these situations can have a negative impact on the well-being of children. Under the 

DEC Approach, law enforcement and others work to 

minimize the trauma experienced by drug endangered 

children. Reducing trauma by paying close attention 

to the needs of these children becomes part of normal 

police work. 
44 Drug Endangered Children Guide for Law Enforcement 

physical health later in life . The ACE study has demonstrated the broad and profound long-term impact of 

adverse childhood experiences” on the following: 34 

•	 Adult mental health35 

•	 Disease36 

•	 Obesity37 

•	 Risk behaviors38 

•	 Addiction39 

In other words, children who endure adverse childhood 

experiences are much more likely than those who don’t 

to have mental health issues and diseases; to be obese; to 

engage in risky behaviors themselves; and become addicted . 

These adverse childhood experiences may include physical, sexual, and emotional abuse and neglect; exposure to 

violence and domestic abuse; household mental illness; 

parental separation or divorce; and an incarcerated parent 

or household member . 

34. Kiti Freier Randall, “Child Abuse: Impact and Action,” Adventist Risk Management, 

Inc., April 9, 2012, http://www.adventistrisk.org/prevention-resources/solutionsnewsletter/april-2012/child-abuse-impact-and-action. 

35. See V.J. Edwards, G.W. Holden, R.F. Anda, and V.J. Felitti, “Experiencing Multiple 

Forms of Childhood Maltreatment and Adult Mental Health: Results from the Adverse 

Childhood Experiences (ACE) Study,” American Journal of Psychiatry 160, no. 8 (2003): 

1453–1460. 

36. See R.F. Anda, V.J. Felitti, J.D. Bremner, J.D. Walker, et al., “The Enduring Effects 

of Abuse and Related Adverse Experiences in Childhood: A Convergence of Evidence 

from Neurobiology and Epidemiology,” European Archives of Psychiatry and Clinical 

Neuroscience 256, no. 3 (2006): 174–186. 

37. See D.F. Williamson, T.J. Thompson, R.F. Anda, et al., “Body Weight and Obesity 

in Adults and Self-Reported Abuse in Childhood,” International Journal of Obesity and 

Related Disorders 2002; 26, no. 8 (2002): 1075–1082. 

38. See S. Dube, R. Anda, V. Felitti, V. Edwards, and D. Williamson, “Exposure to Abuse, 

Neglect, and Household Dysfunction Among Adults Who Witnessed Intimate Partner 

Violence as Children: Implications for Health and Social Services,” Violence and Victims 

17, no. 1 (2002): 3–17. 

39. See V.J. Felitti, “Ursprünge des Suchtverhaltens: Evidenzen aus einer Studie zu 

belastenden Kindheitserfahrungen,” Praxis der Kinderpsychologie und Kinderpsychiatrie 

52 (2003): 547–559. 

The scientific data included in the ACE study emphasizes 

the importance of understanding, preventing, and addressing adverse experiences in drug endangered children by 

appropriate awareness, identification, and intervention . 

The study may also explain why law enforcement often 

visits the same households for potential criminal behavior across generations . It also highlights the importance of 

breaking multi-generational cycles of abuse and neglect so 

children aren’t bound by their past . 

For further information about the ACE study, visit “Injury 

Prevention and Control: Adverse Childhood Experiences 

(ACE) Study,” which is available on the Centers for Disease Control and Prevention website at www .cdc .gov/ace

What factors did the ACE study look at? 

The ACE study measures 10 types of trauma (see sidebar 

on page 45), five of which apply directly to the person taking the survey and five of which apply to that person’s family . Each category of exposure to child abuse or neglect 

counts as one point; thus, a person can receive a score of 

0 to 10 points . The more points, the greater that person’s 

exposure, which also means he or she has a greater risk of 

experiencing adult mental health issues, disease, obesity, 

risk behaviors, and addiction later in life . 

Why is trauma and the ACE study relevant to law 

enforcement? 

It is important for law enforcement professionals to understand the trauma associated with drug endangered children . This helps them determine the best approach to a 

particular situation as well as helps them identify evidence 

they can collect and document to show any signs of trauma 

in the child’s life . Having knowledge about trauma and the 

ACE study makes law enforcement officers more aware of 

how they are responding to calls with children . 
Drug Endangered Children Guide for Law Enforcement 45 

 

“Trauma-informed care is an approach to engaging people 

with histories of trauma that recognizes the presence of 

trauma symptoms and acknowledges the role that trauma 

has played in their lives .”40 Trauma-informed care promotes 

the change in mindset from “What is wrong with this person?” to “What happened to this person?” This new mindset 

is also better when working with children . Because children 

are not born bad, their behaviors are often indicative of the 

experiences in their life, including trauma . Thus, traumainformed care has become an essential part of the behavioral 

health service system to help reduce trauma’s profound and 

long-term impact on individuals, especially children . 

How can law enforcement document trauma to the child? 

The following examples are some signs of trauma around 

the home that law enforcement can look for and document: 

•	 Chaotic environment 

•	 Concerning pictures drawn by the child (e .g ., pictures 

with guns or other weapons or with injured people) 

•	 Holes in walls 

•	 Broken furniture possibly because of violence 

•	 Evidence of domestic violence 

•	 Violent posters or notes in the house 

In addition to serious safety and physical health concerns, 

there are direct mental health consequences from these 

environments . If law enforcement documents and shares 

evidence of chaotic environments, abuse and neglect, and 

violence that are a result of living in a drug environment, 

behavioral health professionals and other disciplines have 

a clearer picture of the child’s life and living conditions . 

Practical example: After executing a search warrant, 

officers photograph the scene, which is also a child’s 

residence. The photos include holes in the walls, 

40. “About NCTIC: NCTIC’s Current Framework,” Substance Abuse and Mental 

Health Services Administration, last modified May 20, 2014, http://beta.samhsa.gov/ 

nctic/about. 

Measuring Your ACE Score 

During your first 18 years of life, 

1. Did a parent or other adult in the household often or very often (1) 

swear at you, insult you, put you down, or humiliate you or (2) act in a 

way that made you afraid that you might be physically hurt? 

Yes ____ No ___ 

2. Did a parent or other adult in the household often or very often (1) 

push, grab, slap, or throw something at you or (2) ever hit you so hard 

that you had marks or were injured? 

Yes ____ No ___ 

3. Did an adult or person at least five years older than you ever (1) touch 

or fondle you or have you touch their body in a sexual way or (2) 

attempt or actually have oral, anal, or vaginal intercourse with you? 

Yes ____ No ___ 

4. Did you often or very often feel that (1) no one in your family loved you 

or thought you were important or special or (2) your family didn’t look 

out for each other, feel close to each other, or support each other? 

Yes ____ No ___ 

5. Did you often or very often feel that (1) you didn’t have enough to eat, 

had to wear dirty clothes, and had no one to protect you or (2) your 

parents were too drunk or high to take care of you or take you to the 

doctor if you needed it? 

Yes ____ No ___ 

6. Were your parents ever separated or divorced? 

Yes ____ No ___ 

7. Was your mother or stepmother (1) often or very often pushed, 

grabbed, slapped, or had something thrown at her; (2) sometimes, 

often, or very often kicked, bitten, hit with a fist, or hit with something 

hard; or (3) ever repeatedly hit at least a few minutes or threatened 

with a gun or knife? 

Yes ____ No ___ 

8. Did you live with anyone who was a problem drinker or alcoholic or 

who used street drugs? 

Yes ____ No ___ 

9. Was a household member depressed or mentally ill, or did a household 

member attempt suicide? 

Yes ____ No ___ 

10. Did a household member go to prison? 

Yes ____ No ___ 

Add up your “yes” answers: ____. This is your ACE score. 

Source: “What is Your ACE Score,” WellCommons, January 9, 2011, http:// 

wellcommons.com/groups/aces/2011/jan/9/whats-your-ace-score/. 
46 Drug Endangered Children Guide for Law Enforcement 

 

a broken lamp on the floor, and weapons on the 

counter, including a gun and a pair of brass knuckles, 

to document that there’s violence in the home and 

around the child. The officers also observe and 

document the child’s behavior and any comments the 

child made during their interactions with him or her. 

What are examples of signs of trauma that children may 

exhibit during interviews or undercover surveillance that 

law enforcement can document? 

Traumatized children may exhibit the following signs that 

law enforcement can look for and document: 

•	 Being sad or worried 

•	 Being angry 

•	 Being frightened 

•	 Being withdrawn 

•	 Having trouble sleeping 

•	 Having nightmares or unwanted memories or 

flashbacks 

•	 Having difficulty concentrating 

•	 Having difficulty socializing 

•	 Showing changes in appetite 

•	 Behaving child-like: e .g ., bedwetting, clinging to 

caregiver, thumb sucking, or having problems with 

eating or using the toilet 

•	 Bursting out 

•	 Showing avoidance 

•	 Being easily startled or alarmed 

•	 Being depressed 

•	 Having problems with school and grades 

•	 Reenacting traumatic events through play 

•	 Displaying physical reactions including stomach aches 

and headaches 

Does law enforcement unknowingly cause trauma, and if 

so, what can it do differently? 

Just the presence of law enforcement can cause trauma to 

children, but so too can some of the methods and tactics 

law enforcement commonly uses: 

•	 Wearing balaclava (i .e ., a protective hood or face 

mask) during tactical entries 

•	 Not interacting with the children or interacting with 

them in a negative way 

•	 Doing late-night or early-morning tactical entries 

when children are home 

•	 Handcuffing parents in front of the children 

•	 Talking negatively about the children’s parent 

or caregiver 

Law enforcement can make situations less traumatic for 

children by remembering that children need to be handled 

like children and not adults and that actions, tactics, and 

events that do not scare adults can scare children . To reduce 

trauma, law enforcement professionals can interact with 

children in a positive way, assign a plain clothes officer to 

interact with the children, and bring games to play with the 

children . Playing a game such as Tetris can help reduce 

trauma by engaging the child’s brain .41 Law enforcement 

can learn other ways to deal with children in traumatic situations from child welfare and behavior health professionals .42 

Practical example: Law enforcement learns that a child 

will be present in the home during the execution of 

a search warrant, so the operational plan regarding 

a forced entry into a residence will be modified. This 

knowledge could be the difference between using a 

flash bang or another distraction device that would be 

less traumatic to the child on the scene. 

41. Emily A. Holmes, Ella L. James, Thomas Coode-Bate, and Catherine Deeprose, “Can 

Playing the Computer Game ‘Tetris’ Reduce the Build-Up of Flashbacks for Trauma? A 

Proposal from Cognitive Science,” PLoS ONE 4, no. 1 (2009). 

42. Ibid. 
Drug Endangered Children Guide for Law Enforcement 47 

 

Conclusion 

This guide covers the three main components of the DEC 

mission: (1) raising awareness about the risks faced by 

drug endangered children; (2) implementing a collaborative multidisciplinary approach to address these risks; and 

(3) changing practices and transforming organizations to 

change the way cases involving drugs and children are 

handled on an ongoing basis . 

This guide delineates the roles and responsibilities of a 

number of professionals who all have the authority and 

the responsibility to identify, protect, and serve drug 

endangered children . The insights we gain about each 

of these professions from understanding more about their 

work empowers us to form true collaborations . And true 

collaboration is much more than being willing to share 

information and cooperate somewhat; it is a commitment 

to making each of the involved stakeholders better at doing 

what they do . 

This call for collaboration across professions isn’t new . The 

Prosecutor’s Deskbook expressed a similar concept more 

than 40 years ago: 

No longer can professionals simply deal with 


other agencies at arm’s length or complain about 


the inefficiencies of the others . It is important 


each discipline work toward improving their 


techniques, their standards and where necessary 


their process . A multidisciplinary approach is 


uniquely situated to speed a positive trend up if 


they are willing to spend time on training and 


awareness . In the true spirit of cooperation and 

in the interest of getting the job done disciplines 

must strive to overcome professional jealousies 

and long standing parochialism (the state of 

mind, whereby one focuses on small sections 

of an issue rather than considering its wider 

context) . True leaders must be willing to let 

others take credit for achievements . But for 

persons who are dedicated to the cause and who 

are true leaders, this should present no problem .43 

The DEC Approach can help breathe new life into this 

concept by uniting professionals with a common vision: 

identifying and protecting drug endangered children 

to help them become happy, healthy, and safe . Such a 

commitment to teamwork strengthens all involved and 

enhances the chances for our work to result in better outcomes for drug endangered children and their families . 

The concepts inherent in the DEC mission and the collaborative DEC Approach are fairly simple and straight 

forward . But implementing the DEC Approach has 

profound ramifications for children and their families . 

When we make the well-being of children a major focus 

of our jobs, when we share information to facilitate more 

informed decision making, and when we recognize that 

we’re the ones who can break the multigenerational cycles 

of neglect and abuse experienced by so many drug endangered children, we truly can help change the trajectories 

of these children’s lives . 

43. The Prosecutor’s Deskbook, 6 (see note 23). 
48 Drug Endangered Children Guide for Law Enforcement 

about the COPS Office 

The Office of Community Oriented Policing Services 

(COPS Office) is the component of the U .S . Department 

of Justice responsible for advancing the practice of community policing by the nation’s state, local, territory, and 

tribal law enforcement agencies through information and 

grant resources . 

Community policing is a philosophy that promotes organizational strategies that support the systematic use of 

partnerships and problem-solving techniques, to proactively address the immediate conditions that give rise to 

public safety issues such as crime, social disorder, and fear 

of crime . 

Rather than simply responding to crimes once they have 

been committed, community policing concentrates on 

preventing crime and eliminating the atmosphere of fear 

it creates . Earning the trust of the community and making 

those individuals stakeholders in their own safety enables 

law enforcement to better understand and address both 

the needs of the community and the factors that contribute 

to crime . 

The COPS Office awards grants to state, local, territory, 

and tribal law enforcement agencies to hire and train community policing professionals, acquire and deploy cuttingedge crime fighting technologies, and develop and test 

innovative policing strategies . COPS Office funding also 

provides training and technical assistance to community 

members and local government leaders and all levels of 

law enforcement . The COPS Office has produced and 

compiled a broad range of information resources that 

can help law enforcement better address specific crime 

and operational issues, and help community leaders better understand how to work cooperatively with their law 

enforcement agency to reduce crime . 

•	 Since 1994, the COPS Office has invested more than 

$14 billion to add community policing officers to the 

nation’s streets, enhance crime fighting technology, 

support crime prevention initiatives, and provide 

training and technical assistance to help advance 

community policing . 

•	 To date, the COPS Office has funded approximately 

125,000 additional officers to more than 13,000 of the 

nation’s 18,000 law enforcement agencies across the 

country in small and large jurisdictions alike . 

•	 Nearly 700,000 law enforcement personnel, 

community members, and government leaders have 

been trained through COPS Office-funded training 

organizations . 

•	 To date, the COPS Office has distributed more than 

8 .57 million topic-specific publications, training 

curricula, white papers, and resource CDs . 

COPS Office resources, covering a wide breadth of community policing topics—from school and campus safety to 

gang violence—are available, at no cost, through its online 

Resource Center at www .cops .usdoj .gov . This easy-to-navigate website is also the grant application portal, providing 

access to online application forms . 

Drug Endangered Children Guide for Law Enforcement: Key Insights for Partnering with 

Child Welfare, Medical Providers, Treatment Providers, Prosecutors, and Civil Attorneys

builds on the information and strategies outlined in the first Drug Endangered Children 

Guide for Law Enforcement, which details the core elements, benefits, and challenges of 

the DEC Approach . 

For this second guide, the National Alliance for Drug Endangered Children reached out 

to professionals representing law enforcement, child welfare, prosecution, civil attorneys, 

medical, behavioral health, and treatment to learn from their experiences to gain a deeper 

awareness of DEC efforts . The guide discusses the rolls and responsibilities of these professionals as well as the ways in which the DEC Approach can change their response to drug 

endangered children . 

U.S. Department of Justice

Office of Community Oriented Policing Services

145 N Street NE

Washington, DC 20530 

To obtain details on COPS Office programs, 

call the COPS Office Response Center at 800-421-6770. 

Visit the COPS Office online at www.cops.usdoj.gov. 

FOR DRUG ENDANGERED CHILDREN 

National Alliance for Drug Endangered Children 

9101 Harlan Street, Suite 245 

Westminster, CO 80031 

www.nationaldec.org

ISBN: 978-1-932582-96-3 

e06143650 

Published 2014