2005-699-Minutes for Meeting May 02,2005 Recorded 5/12/2005DESCHUTES COUNTY OFFICIAL RECORDS yJ 705.699
NANCY BLANKENSHIP, COUNTY CLERK
COMMISSIONERS' JOURNAL 05/12/2005 03;16;54 PM
1111111111111111111111111111111111111
2005-8OO
DESCHUTES COUNTY CLERK
CERTIFICATE PAGE
This page must be included
if document is re-recorded.
Do Not remove from original document.
~`'~ES C
❑ {
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF MEETING
LOCAL PUBLIC SAFETY COORDINATING COUNCIL
MONDAY, MAY 2, 2005
Commissioners' Conference Room - Administration Building, Second Floor - 1300 NW Wall St.., Bend
Present were Judge Michael Sullivan; Becky Wanless, Parole & Probation; Jack
Blum and Dennis Maloney, citizen members; Undersheriff Larry Blanton; Andy
Jordan, City of Bend Police Chief- Hillary Saraceno, Commission on Children &
Families; Scott Johnson, Mental Health Department; Ernie Mazorol, Court
Administrator; Jacques DeKalb, Defense Attorney; Mike Maier, County
Administrator; and Tom DeWolf, Commissioner.
Also present were Tom Kipp, Oregon State Police; Bob Smit, Elaine Knobbs and
Michael Lesan, KIDS Center; Robert Warsaw, Oregon Youth Authority; and one
other citizen.
1. Call to Order & Introductions.
The meeting was called to order at 3:37 p.m.
2. Approval of Minutes of April 4, 2005 Meeting.
Jack Blum moved approval and Andy Jordan seconded; the minutes were
approved as written.
3. Update on Mental Health Issues.
Scott Johnson explained that the Community Assessment Crisis Team usually
has five members, but it is down to three due to resignations. Coverage is being
adjusted as much as possible to address those individuals who are in the
program or who have been referred.
Minutes of LPSCC Meeting Monday, May 2, 2005
Page 1 of 4 Pages
If there are any concerns or questions, Scott is to be contacted. Becky Wanless
added that Pat Tabor (Mental Health) works with a special caseload, and she
will be made aware of the situation.
Mr. Johnson said that in regard to the safe schools assessments, work is being
done by the community assessment team; and this could be covered by the child
and family team, although there has been an increase in referrals from the
schools. More planning needs to be done over the summer. Mr. Johnson will
keep the LPSCC group updated.
Mental Health services in the schools is somewhat in jeopardy at this time. It
appears with the Bend-La Pine District this is being emphasized at the high
school level, with FAN being emphasized in the lower grades. There should be
some coverage for all levels. This is being discussed as part of the budget
process.
Mr. Johnson stated that he is waiting to hear on the results of an application for
a meth treatment grant. The grant would be handled through the Department of
Justice, and if the budgets work out, the Courts should allow for coordination of
programs. There is a wide array of issues relating to meth addictions.
At this time Mr. Johnson provided a handout to the group and discussed
funding inequities. (A copy is attached as Exhibit C.) He explained, and the
group agreed, that the allocation of treatment dollars in the state is very
unbalanced and unfair, and this is definitely a public safety matter. Deschutes
County's funding is far below the state average.
He recently met with local legislators, some representatives of other counties
and Bob Nichols, the head of the State Mental Health Division. Mr. Nichols
said they will create a formula but is concerned about implementing it unless
there are more dollars in place. Taking funding from other counties is a
political problem, and Senator Ben Westlund advised that it is unlikely there
will be more funds available. A letter has been drafted for Judge Sullivan to
sign on behalf of LPSCC, asking for a fair formula; the existing formula does
not have a rational basis, nor is it mandated by law.
DEKALB: Move that LPSCC authorize Judge Sullivan to sign this letter.
WANLESS: Second.
There was a unanimous consensus supporting the Judge's signature of the letter.
Minutes of LPSCC Meeting Monday, May 2, 2005
Page 2 of 4 Pages
4. Further discussion on how to address problems resulting from meth use.
Bob Smit said that drug endangered children should be added to the protocol.
Hillary Saraceno added that the team is meeting with representatives of the
cities at the end of the month. The next phase would be a planning session
detailing the next steps.
Judge Sullivan said that this needs to move forward. Drug Court is important;
treatment is not enough. More Parole and Probation Officers are needed, as is
education at the school level. There are many facets involved in this problem.
Mr. Johnson said he would have more information available on this issue for
the next LPSCC meeting.
Mr. Smit stated the County is looking at an effective way to support the families
of drug users, and ways to address child abuse. Each county provides a
protocol each year on how to deal with this situation, including how to handle
screen in the hospital and how the CODE team should react.
Mr. Smit added that Christina McMaham, a Deputy District Attorney, is
moving to Douglas County to begin work as its new Juvenile Department
Director. The group expressed disappointment that she is leaving.
Michael Lesan explained that he has been working on the Oregon meth watch
program, which identifies ingredients of items on store shelves. Thus far
reaction has been positive. He would like to see LPSCC endorse this.
Washington State is considering a similar bill; and Pfizer Company has bee
sitting on an alternative formula for many years, and there is finally enough
pressure to make an effect nationally.
Hillary Saraceno said that the next meth summit is scheduled for June 30 at the
Riverhouse. Denny Maloney added that out of every three births, one baby
tests positive for meth in its system. Bob Smit said that he is gathering all types
of data, and is learning this is a huge problem.
5. Discussion of funding inequities and other State budget issues.
Mike Maier stated that everyone is on hold, waiting for decisions to be made.
The Budget Officer's proposal assumes that the State will make Parole and
Probation whole. There are no general fund dollars available.
Minutes of LPSCC Meeting Monday, May 2, 2005
Page 3 of 4 Pages
In regard to discussions about opting out, this needs to take place before July 1.
Parole and Probation is about $350,000 below what is needed, and if the County
opts out, vacation and retirements will need to be paid for those who leave.
6. Other Business.
Ernie Mazorol said that Craig Campbell wanted to come to this meeting, but
perhaps can make the June meeting. Although a preference was voiced for Mr.
Campbell to attend in person, if necessary a conference call can be set up instead.
7. Items for the Next Meeting (June 6)
• Update of the State budget.
• Update on the meth problem
• Discussion of jail issues.
The July LPSCC meeting will take place on Monday, July 11, and will
tentatively include an update of the child abuse system review (Bob Smit);
approval of the Parole and Probation 2005-07 biennial plan (Becky Wanless),
and a presentation of evidence-based practices (Terry Chubb, Parole and
Probation).
Being no further items addressed, the meeting adjourned at 4:40 p.m.
Respectfully submitted,
Recording Secretary
Attachments
Exhibit A: Sign-in sheet (note: not everyone at the meeting signed in) - 2 pages
Exhibit B: Agenda (1 page)
Exhibit C: Documents regarding Funding Inequities - 2 pages
Exhibit D: Protocol for Drug-Endangered Children - 33 pages
Minutes of LPSCC Meeting Monday, May 2, 2005
Page 4 of 4 Pages
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A JTES Q
Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.ora
MEETING AGENDA
LOCAL PUBLIC SAFETY COORDINATING COUNCIL
3:30 P.M., MONDAY, MAY 2, 2005
Commissioners' Conference Room - Administration Building, Second Floor
1300 NW Wall St.., Bend
1. Call to Order & Introductions
2. Approval of Minutes of April 4, 2005 Meeting
3. Update on ways to address the issue of mentally ill persons in the Jail - Scott
Johnson, Mental Health Director
4. Further discussion on how to address problems resulting from meth use
5. Discussion of funding inequities and other State budget issues
6. Other Business
7. Items for the Next Meeting (June 6)
Exhibit V)
Page of
May 3, 2005
Sen. Ben Westlund Rep. Chuck Burley Rep. Gene Whisnant
900 Court St. NE S-211 900 Court St. NE H- 492 900 Court St. NE H-277
Salem, OR 97301 Salem, OR 97301 Salem, OR 97301
Re: Urgent need for a fair funding formula for Oregon's treatment resources
Dear Members of the Central Oregon Delegation,
This letter is being offered on behalf of the members of the Deschutes County Local Public
Safety Coordinating Council. We are asking that you work with fellow legislators, the
Governor's Office and DHS this spring to assure the development of a fair and balanced funding
formula for Oregon's alcohol and other drug treatment resources.
The lack of addiction treatment resources is a significant and ongoing public safety concern in
Deschutes County. We are fully aware that this issue has persisted for a number of years and
that it has been compounded by the lack of a rational and fair funding formula, resulting in
strikingly few resources for our community and several other areas of our state. These facts,
coupled with significant cuts in OHP Standard and indigent funding in recent years as well as the
dramatic population growth in Central Oregon have left us lacking in basic services that are
essential to our community.
We recognize that many issues compete for your time and attention but ask that you make this
issue a priority, that you urge development of a formula this year and that the new formula be
implemented on some level during the 2005-2007 biennium.
Thank you for any assistance you can provide.
Sincerely,
Judge Michael Sullivan
Chairman, Deschutes County Local Public Safety Coordinating Council
Cc Deschutes County Board of Commissioners
Robert Nikkel, Administrator, DHS OMHAS
Craig Campbell, Governor's Office
Members, Deschutes County Local Public Safety Coordinating Council
Exhibit C
Page of
OFFICE OF MENTAL HEALTH AND ADDICTION SERVICES
13-Apr-05
Equity Funding:
Total Treatment I
n Descending Ord
er by
Per Capita Fun
ding .
(Doe
s Not Include Prevention Allocations)
raced
2003=05
P
er Capita
County
Treatment 2003 opulation
Funding
Malheur
$
1,965,002.00
2,000.00
$
61.41
ADAPT (Douglas;
$
3,810,513.33
01,800.00
$
37.43
Klamath
$
2,361,728.00
64,600.00
$
36.56
Columbia
$
1,409,889.00
45,000.00
$
31.33
Multnomah
$
19,811,218.22
677,850.00
$
29.23
Josephine
$
2,161,847.58
78,350.00
$
27.59
Umatilla
$
1,804,650.00
71,100.00
$
25.38
Jackson
$
4,355,274 '.00
189,100.00
$
23.03
Morrow/Wheeler
$
228,514.00
13,300.00
$
17.18
Lane
$
5,327,402.00
329,400.00
$
16.17
Harney
$
114,090.00
7,300.00
$
15.63
Wallowa
$
110,962.00
7,150.00
$
15.52
Grant
$
112,630.00
7,650.00
$
14.72
Lake
$
108,874.00
7,400.00
$
14.71
Mid-Columbia
$
628,810.00
47,850.00
$
13.14
Marion
$
3,396,817.00
295,900.00
$
11.48
Yamhill
$
1,011,520.36
88,150.00
$
11.47
Baker
$
184,984.98
` 16,500.00
$
11.21
Washington
$
5,038,190.00
472,600.00
$
10.66
Curry
$
214,438.00
21,100.00
$
10.16
Lincoln
$
412,280.74
45,000.00
$
9.16
Benton
$
711,712.00
80,500.00
$
8.84
Jefferson
$
144,132.00
19,900.00
$
7.24
Crook
$
136,620.00
20,300.00
$
6.73
Linn
$
612,673.00
104,900.00
$
5.84
Clatsop
$
204,358.00
36,300.00
$
5.63
Tillamook
$
134,220.48
24,900.00
$
5.39
Union
$
120,764.00
24,650.00
$
4.90
Clackamas
$
1,455,978.00
353,450.00
$
4.12
Coos
$
236,844.00
63,000.00
$
3.76
Deschutes
$
411,692.00
130,500.00
$
3.15 1351150 3.6f
Polk
$
165,118.00
64,000.00
$
2.58
State Total
$ 58,903,746.69
3,541,500.00
State Average
$
15.67
Exhibit C
Page 2 of '2
DESCHUTES COUNTY PROTOCOL
FOR DRUG-ENDANGERED CHILDREN (DEC)
DRAFT: 4/27/05
Purpose:
This protocol provides for a coordinated interagency response whenever children are exposed
to the manufacture, sell or use of illicit drugs (drug-endangered children). A coordinated
interagency response best advances the goal of child protection.
Participants:
• Deschutes County Law Enforcement and Fire Departments, Central Oregon Drug
Enforcement (CODE) Team, and Hazardous Material Team
• Department of Human Services, Deschutes County Branch
• St. Charles Medical Center - BEND
• Deschutes County District Attorney's Office
• Deschutes County Health Department
• KIDS Center
Table of Contents
1. Summary of Drug-Endangered Children Protocol
A. Level I Response: Children found at methamphetamine or other illicit drug
laboratories.
B. Levelll Response: Children exposed to the sale, use or possession of controlled
substances.
II. Deschutes County Law enforcement and Fire Departments, and Hazardous
Material Teams Protocol
A. Level I Response: Children found at methamphetamine or other illicit drug
laboratories.
B. Level H Response: Children exposed to the sale, use or possession of controlled
substances.
III. Department of Human Services Protocol (Deschutes County Branch)
IV. St. Charles Hospital- BEND and KIDS Center Protocol
V. Deschutes County District Attorney's Office Protocol
VI. Exhibits
1. Glossary
2. Medical Provider Letter / Information for Health Care Providers
3. Applicable Criminal Charges for Drug-Endangered Children
4. Contact Information
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-3S3_-59_',8 _ 1---
Exhibit D
Page of,_
I. SUMMARY OF DRUG ENDANGERED CHILDREN PROTOCOL
A. Level I Response: Children Found At Methamphetamine or other
Illicit Drua Laboratories
Law enforcement or Department of Human Services (DHS)
personnel
who encounter children with obvious inium or illness in
methamphetamine or other illicit drug laboratories must
immediately:
1) summon emergency medical personnel (EMS), Fire Bureau
and/or Hazardous Material Response Team personnel
(HazMat), and the jurisdiction's clandestine laboratory response
team; and
2) notify DHS through the DHS Screener at 693-2700 during
business hours or the on-call CPS worker at 330-3213 after
hours.
If the child(ren) do not have obvious injury or illness, law
enforcement shall follow their usual protocol and DHS personnel
shall call 9-1-1 and the DHS Screener at 693-2700 during business
hours or the on-call CPS worker at 330-3213 after hours.
2. Responding Fire Bureau and/or Hazardous Material Response
Team personnel will determine the level of decontamination
necessary to permit the safe transport of the child(ren). Fire
Bureau and/or Hazardous Material Response Team personnel will
write reports regarding their response to the incident that shall
describe the manner and level of decontamination of the child(ren).
The reports shall be forwarded to the lead investigating law
enforcement officer assigned to the case in accordance with HIPAA
guidelines.
3. The DHS Screener or the on-call CPS worker, after screening,
will coordinate DHS response which may include sending a DHS
Child Protective Service (CPS) worker to the hospital or location
of the incident. DHS will conduct a child safety assessment and will
facilitate medical evaluations, treatment, temporary placement, and
follow-up medical and mental health evaluations for the child(ren).
To the extent allowed by law, DHS shall ensure that the results of
the DHS assessment and the medical evaluations of the child(ren)
are provided to the Lead Investigating Officer from the clandestine
laboratory response team for inclusion in the criminal investigation
file.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-595$_ _
Exhibit D
Page 2 of ,3
4. DHS shall ensure that children found at methamphetamine or other
illicit drug laboratories are taken to the St. Charles Hospital -
BEND Emergency Department for a medical evaluation and
testing as soon as possible, but in no event later than 12 hours
from the time the children were removed from the laboratory.
5. The Lead Investigating Officer shall investigate the criminal child
neglect/endangerment case along with the underlying drug case,
and shall notify and keep informed the DEC Liaison at the District
Attorney's Office and the assigned DHS worker of the progress and
results of the criminal investigation. The Lead Investigating Officer
shall be responsible for ensuring that a DHS Screener during
business hours, or the on-call CPS worker after hours, is notified
via telephone and advise them of the location of the child, agency
case number, charges pending against the parents, and conditions
or circumstances warranting the removal of the child from the
parents' control.
In all cases in which physical or sexual abuse of a child is
suspected, DHS shall be immediately notified by calling the DHS
Screener at 693-2700 during business hours or the on-call CPS
worker at 330-3213 after hours, and the Lead Investigating Officer
shall document this notification in the investigative reports. DHS
will cross-report this information to the Detective Sergeants of
appropriate jurisdiction, who will assess whether or not an
immediate detective response is required under the
Multidisciplinary Team (MDT) protocols.
6. Whenever law enforcement have advance notice that children
may be present at a methamphetamine or other illicit drug
laboratory at which law enforcement intend to execute a search
warrant or conduct a knock-and-talk investigation, as time allows,
they shall contact the DHS Screener at 693-2700 during business
hours or the on-call CPS worker at 330-3213 after hours to ensure
a DHS Worker is available to assist the children, if necessary.
7. The DEC Liaison at the District Attorney's Office shall ensure that
all information gathered during the criminal investigation is
communicated to the deputy district attorney assigned to the
dependency and/or termination of parental rights case. The DEC
Liaison or his/her designee is responsible for screening and
presenting the drug and child neglect/endangerment case for
prosecution in a timely fashion. Where a child may be required to
testify, a District Attorney's Office Victim's Advocate shall promptly
be assigned to the case.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-M-'5Qi8_ 1_
Exhibit
Page __3_ of 33
8. St.Charles Hospital - BEND Emergency Department (ED) shall
fax the ED report, including lab test results, to KIDS Center at 383-
3016. KIDS Center shall provide the medical evaluation and
laboratory test results to DHS and the Detective Sergeant in the
appropriate jurisdiction.
B. Level II Response: Children Exposed to the Sale, Use or Possession
of Controlled Substances
1. Law enforcement who encounter children during investigations of
the sale and/or possession of controlled substances shall evaluate
the children's access to the controlled substances, the physical
condition of the children, and the level of care being provided to the
children by the responsible adults. Where any of the factors
indicate that the children are at risk of harm or neglect, law
enforcement shall notify DHS through the DHS Screener at 693-
2700 during business hours or the on-call CPS worker at 330-3213
after hours so the need for a CPS worker response can be
evaluated.
A child may be taken into protective custody when the child's
conditions or surroundings reasonably appear to jeopardize the
child's welfare (ORS 419B.150). If a child is taken into protective
custody, the law enforcement case agent will notify the DHS office
through the DHS Screener at 693-2700 during business hours or
the on-call CPS worker at 330-3213 after hours with all the required
information on the child.
2. Regardless of whether a CPS worker is dispatched or the children
are placed in protective custody, the lead investigating officer shall
include in his/her investigative reports documentation and
photographs of the presence and/or association of children with the
target location of the drug-related investigation. This
documentation should include the identity of the children found in or
associated with the residence and their relationship to the
responsible adults; the circumstances in which the children were
found; the physical condition and overall appearance of the
children; the availability of essential food; the sleeping
arrangements of the children; and the condition of the adults in
whose care they were found. These investigative reports shall be
forwarded to the District Attorney's Office.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958- d_ -
Exhibit 1~~
Page of 33
Photographs should capture all potential hazards to the children
and document living conditions indicative of neglect or
endangerment, including, but not limited to: drugs and drug
paraphernalia ( e.g., razor blades, syringes, pipes); booby traps
(e.g., trip wires for explosives, pungee sticks, and chemical
devices); exposed wiring; refrigerator (absence or presence of food
and the age dates on food containers, chemicals stored adjacent to
consumables); sleeping areas (dirty sheets/blankets, no bed linens,
stained/soiled mattresses); bathroom facilities (inoperable toilet,
filthy sink/bathtub, access to medicines, razor blades, etc.); guns
(note if loaded), knives and other weapons; pornographic materials
(e.g., photographs, videos or sex toys); accessibility of children to
any other hazards (measure relationship of child's height to location
of drugs, drug paraphernalia, chemicals, weapons, raw sewage,
feces, broken windows and other unsafe conditions).
3. In all cases in which physical or sexual abuse of a child is
suspected, the Lead Investigating Officer shall notify the DHS
Screener in a timely manner, at 693-2700 during business hours or
the on-call CPS worker at 330-3213 after hours, and shall
document in the Lead Investigating Officer's investigative reports
that this notification was made. The DHS Office will cross-report
this information to the Detective Sergeants who will assess whether
or not an immediate Detective response is required under the MDT
protocol.
4. In Level II response situations where DHS responds and/or the
child(ren) are taken into protective custody, the protocol shall
otherwise conform to that of a Level I response.
LAW ENFORCEMENT AGENCIES, FIRE DEPARTMENTS, AND
HAZARDOUS MATERIALS TEAM PROTOCOL
A. Level I Response: Children Found at Methamphetamine
Laboratories
Initial Law enforcement Assessment: Law enforcement who
respond to a location where there is a methamphetamine or other
illicit drug laboratory and children are present shall quickly assess
whether the children have obvious injury or illness, and if so,
shall summon emergency medical services personnel (EMS)
immediately. Thereafter, Fire Bureau and/or Hazardous Material
Response Team (HazMat) personnel shall be summoned, followed
by the jurisdiction's clandestine laboratory response team and DHS.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541_-3.R3-595Rs
Exhibit
Page _ ) of,357
2. Decontamination Assessment - Acute Medical Concerns: If
children present are in acute medical distress, emergency
decontamination to the extent necessary for EMS transport shall be
conducted by responding Fire Bureau or HazMat-trained personnel,
with due regard to the physical and emotional effects such
decontamination will have on the children.
3. Decontamination Assessment - No Acute Medical Concerns:
If children present are not in acute medical distress, responding
HazMat-trained personnel shall determine the level of
decontamination necessary for safe transport of the children for
medical evaluation and testing at St.Charles Hospital - BEND
Emergency Department and/or to temporary shelter or other
approved protective custody. In the event an on-scene wet
decontamination is required, HazMat personnel shall provide a
private decontamination environment in which an on-call Protective
Service (PS) worker or other suitable adult is present to comfort the
children. If children are to be transported to the St.Charles Hospital
-BEND Emergency Department (at which decontamination facilities
are present), an on-scene dry decontamination shall be conducted
whenever possible to lessen the emotional trauma to the child.
4. Criminal Investigation: The investigation of the child
endangerment case shall be conducted or coordinated by the
investigating officer assigned to investigate the case from the
jurisdiction's Investigative Agency. The Lead Investigating Officer
is responsible for documenting in writing and in photographs the
children's access and exposure to the chemicals and other hazards
associated with the clandestine production of methamphetamine or
other illicit drug, and shall secure the children's clothing at the
scene or the hospital.
Further, the Lead Investigating Officer shall determine, based on
the age of the children, the emotional condition of the children, and
the totality of existing circumstances whether interviewing the
children is in the best interests of the children. If an interview or
interviews are warranted, the Lead Investigating Officer is
responsible for conducting or coordinating the interviews under
circumstances, which are least likely to cause further emotional
trauma to the children. The Lead Investigating Officer shall also
include with the case materials the identity of the contaminated
waste removal contractor, together with a copy of the contractor's
manifest.
5. Child Placement: The determination of the appropriate temporary
placement of a child found in a methamphetamine or other illicit
drug laboratory is the responsibility of the responding DHS
personnel.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-32-1-A-q" K_
Exhibit
Page _U2_ of 3
The on-scene law enforcement officers may assist the DHS
personnel in the evaluation of the best temporary placement by
investigating the criminal history, law enforcement involvement,
and/or overall suitability of potential temporary placements by
database and other reasonable inquiries
7. Notification to District Attorney: The Lead Investigating Officer
shall notify the Juvenile Division of the DA's Office at 541-383-
6707/617-3335 the next business morning, or sooner during non-
business hours by calling Dispatch at 541-693-6911 and requesting
to speak with the Juvenile DDA, when necessary to protect the
children, whenever children are taken into protective custody at a
methamphetamine laboratory. The identity of the DHS staff
involved in the temporary placement of the children shall be
included in the information provided by the Lead Investigating
Officer to the Juvenile Division of the District Attorney's Office.
8. Assembly of Criminal Case Materials: The Lead Investigating
Officer shall be responsible for assembling the investigative; EMS;
HazMat; interview; and, to the extent allowed by law, the DHS
assessment and medical evaluation and testing reports, for
presentation to the DEC liaison of the District Attorney's Office for
prosecution of the child endangerment charges along with the
underlying drug charges.
If not previously provided, the Lead Investigating Officer shall
distribute a copy of his/her investigative reports to the DHS office
when the reports are submitted to the District Attorney's Office for
prosecution.
9. Advance DHS Notification: Whenever law enforcement have
advance notice that children may be present at a
methamphetamine or other illicit drug laboratory at which law
enforcement intend to execute a search warrant or conduct a
knock-and-talk investigation, they shall contact the DHS Screener
as time allows at 693-2700 during business hours or the on-call
CPS worker at 330-3213 after hours to ensure a DHS worker is
available to assist the children if necessary. DHS shall provide to
law enforcement database information regarding prior child abuse
or neglect referrals, vital records, tax information, and other
government database information concerning the targets of the law
enforcement investigation when such information is to be used in
furtherance of a joint law enforcement-DHS child endangerment
investigation, including investigations into drug-related activities
which may pose dangers to children.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 54l-3_R_3-_"_5R. 2_.
Exhibit
Page --I of
10. Suspected Physical or Sexual Abuse: In all cases in which
physical or sexual abuse of a child is suspected, the Lead
Investigating Officer shall immediately notify the DHS office, and
shall document this notification in the case agent's investigative
reports. DHS Office shall cross-report this information to the
Detective Sergeants who will assess whether or not an immediate
Detective response is required under the MDT protocol.
B. Level II Response: Children Exposed to the Sale, Use or Possession
of Controlled Substances
Initial Law Enforcement Assessment: Law enforcement officers
who encounter children during investigations of the sale and
possession of controlled substances shall evaluate the children's
access to the controlled substances, the physical condition of the
children, and the level of care being provided to the children by the
responsible adults. Where any of these factors indicate that the
children are at risk of harm or neglect, law enforcement shall notify
the DHS Screener at 693-2700 during business hours or the on-call
CPS worker at 330-3213 after hours so the need for CPS worker
response can be evaluated.
A child may be taken into protective custody when the child's
conditions or surroundings reasonably appear to jeopardize the
child's welfare (ORS 4196.150). If a child is taken into protective
custody, the law enforcement case agent will notify the DHS office
through the DHS Screener at 693-2700 during business hours or
the on-call CPS worker at 330-3213 after hours.
2. Criminal Investigation: Regardless of whether a CPS worker
responds or the children are placed in protective custody, the Lead
Investigating Officer shall include in his/her investigative reports
documentation and photographs of the presence and /or
association of children with the target location of the drug-related
investigation. This documentation should include the identity of the
children found in or associated with the residence and their
relationship to the responsible adults; the circumstances in which
the children were found; the physical condition and overall
appearance of the children; the availability of essential food; the
sleeping arrangements of the children; and the condition of the
adults in whose care they were found.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 5413.83-5.45R_ _ -k
Exhibit
Page of 33
Photographs should capture all potential hazards to the children
and document living conditions indicative of neglect or
endangerment, including, but not limited to: drugs and drug
paraphernalia (e.g., razor blades, syringes, pipes); booby traps
(e.g., trip wires for explosives, pongee sticks, and chemical
devices); exposed wiring; refrigerator (absence or presence of food
and the age dates on food containers, chemicals stored adjacent to
consumables); sleeping areas (dirty sheets/blankets, no bed linens,
stained/soiled mattresses); bathroom facilities (inoperable toilet,
filthy sink/bathtub, access to medicines, razor blades, etc.); guns
(note if loaded), knives and other weapons; pornographic materials
(e.g., photographs, videos or sex toys); accessibility of children to
any other hazards (measure relationship of child's height to location
of drugs, drug paraphernalia, chemicals, weapons, raw sewage,
feces/pet feces and urine, broken windows and other unsafe
conditions).
3. Assembly of Criminal Case Materials: The Lead Investigating
Officer shall ensure that reports and photographs of drug-related
child endangerment or neglect investigations are prepared and
distributed as soon as practicable, and shall distribute a copy of the
investigative reports to the DHS office when they are submitted to
the DEC Liaison at the District Attorney's Office for prosecution.
4. Advance DHS Notification: Whenever law enforcement have
advance notice that children may be present at a location which is
the target of an investigation into the sale or possession of
controlled substances, they shall contact the DHS office through
the DHS Screener at 693-2700 during business hours or the on-call
CPS worker at 330-3213 after hours. DHS shall provide to law
enforcement database information regarding prior child abuse or
neglect referrals, vital records, tax information, and other
government database information concerning the targets of the law
enforcement investigation when such information is to be used in
furtherance of a joint law enforcement-DHS child endangerment
investigation, including investigations into drug-related activities
which may pose dangers to children.
5. Other Level II Response Procedures: In Level II response
situations to which DHS responds and/or in which a child is taken
into protective custody, the protocol shall otherwise conform to that
of a Level I response.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-7383-5-958 9
Exhibit D
Page 9 of 33
II. DEPARTMENT OF HUMAN SERVICES (DHS) PROTOCOL FOR
DESCHUTES COUNTY
A. Administration
Applicability of Protocol: This DHS protocol is intended to cover
DHS Child Protective Services (CPS) workers' response to, and
investigation of, drug-endangered children.
2. Staffing: Deschutes County DHS has CPS workers available for
immediate joint response with law enforcement agencies 24 hours
a day, 7 days a week.
3. Screening: All calls covered by this protocol will be directed to a
DHS Screener at 693-2700 during DHS office hours, which are
Monday through Friday, 8 a.m. to 5 p.m. After hours calls are to be
directed to the after hours pager at 330-3213 which is carried by
the assigned CPS worker for the week. Screening decisions about
when DHS will respond, i.e., immediately or within 5-days, will be
made based on child safety and coordination/planning with law
enforcement agencies and other relevant factors. A 5-day
response may be indicated if extensive response planning is
necessary with law enforcement agencies. The decided DHS
response will be communicated to and coordinated with the
responding law enforcement agent.
4. DHS On-Site Safety Assessment of Drug-Endangered
Children: DHS shall conduct a safety assessment in accordance
with DHS procedures, and shall inform investigating law
enforcement officers when immediate protective custody is
warranted. Law enforcement officers also have the authority to
take a child into protective custody when the child's conditions or
surroundings reasonably appear to jeopardize the child's welfare.
(ORS 41913.150).
B. DHS Response to Drug-Endangered Children
1. Law Enforcement-Initiated Requests for Joint Response with
Advance Notice: When law enforcement become aware of drug-
endangered children during the course of a criminal investigation,
the following steps will be taken:
a. Law enforcement calls a DHS Screener at 693-2700 during
business hours or the on-call CPS worker at 330-3213 after
hours.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 54183-59581.0
Exhibit D
Page ~a of 3,3
b. The Screener or the on-call CPS worker will determine if an
immediate response is warranted and if so, a CPS worker
will be immediately sent to the designated location.
2. Law Enforcement-Initiated Requests for Immediate Joint
Response with No Advance Notice: When law enforcement
encounter drug-endangered children without forewarning, such as
when a methamphetamine or other illicit drug laboratory is
unexpectedly discovered and children are present, the following
steps will be taken:
a. Law enforcement calls a DHS Screener (or on-call CPS
worker if after hours).
b. After screening, the DHS Screener or on-call CPS worker
will coordinate/plan DHS response which may include a CPS
worker going to the location.
3. DI-IS-Initiated Requests for Immediate Joint Response
Following Call to DHS Screener: When DHS receives a report of
children exposed to the sale, manufacture or possession of
controlled substances, the screener shall attempt to obtain the
following information to assist in the determination of whether an
immediate joint response is necessary:
a. The detail of the report, including the description of the
reported address; the number, identity and/or description(s)
of the responsible adult(s); the number, identity and/or
description(s) of the endangered children; the nature of the
danger to the children; the living conditions of the children;
the presence, recency, and frequency of chemical odors;
chemicals observed at the location; specific observations of
drug activity; information concerning the presence of
weapons; and any other dangers observed by the caller.
b. Where information obtained from the caller does not by itself
require an immediate joint response, the screener shall
attempt to obtain relevant information from the applicable
law enforcement agency concerning the subjects of the
complaints, and whether the law enforcement agency is
aware of the location and/or circumstances reported to the
Hotline.
Where a caller reports circumstances indicating an immediate
danger to children, the DHS Screener shall call 9-1-1 and report the
information for an immediate emergency services response, and
shall thereafter initiate a 307 and notify the CPS Unit (if during
business hours) or the on-call CPS worker (if not during business
hours) for an immediate joint response.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383958 11 _
Exhibit T]
Page 1\ of 3_
4. DHS-Initiated Requests for Immediate Joint Response
Following DHS Employee Observations: DHS personnel who
encounter potential drug-endangered children during home visits or
in other field situations shall follow statewide DHS safety protocol,
and shall call 9-1-1 and/or the DHS CPS office, as appropriate.
C. DHS Facilitation of Medical Evaluation, Testing, and Follow-Up
DHS Coordination of Immediate Medical Evaluation and
Testing: DHS shall ensure that children found at
methamphetamine or other illicit drug laboratories and taken into
protective custody are taken to the St.Charles Hospital- BEND
Emergency Department (ED) for a medical evaluation and testing
as soon as possible, but in no event later than 12 hours from the
time the children were placed in protective custody.
If a child has been exposed to a methamphetamine or other illicit
drug laboratory but the child is not discovered at the time of the
laboratory seizure, the child should still be brought to the BEND ED
if the child is located within 48 hours of the child's exposure to the
laboratory.
2. DHS will notify St.Charles- BEND Emergency Department (ED) at
388-7777 as soon as possible regarding the number of drug-
endangered children to be transported to the ED for medical
evaluation and testing.
3. Obtaining Decontamination Information: If responsible for the
transport of the drug-endangered children for medical evaluation
and testing, the DHS designee shall determine from on scene
personnel the type of decontamination performed on scene and the
need for further decontamination at the Emergency Department.
The DHS designee should have clothing available for post
decontamination transport to the Emergency Department or
temporary shelter care.
4. All drug-endangered children should report to the ED ambulance
bay.
5. Obtaining Medical History: When DHS takes a child(ren) into
protective custody, DHS shall attempt to obtain information on the
medical histories, allergies, current prescriptions, and other
historical health information from the parents or other adults
present at the location of the endangerment.
Exhibit
Page ►2, of -35
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 12
6. KIDS Center Referral: If a KIDS Center interview is warranted by
information obtained during the investigation conducted pursuant to
this protocol, DHS personnel shall ensure that the interview is
timely conducted.
7. DHS Long-Term Follow-Up: DHS personnel shall thereafter
ensure that children taken into protective custody pursuant to this
protocol are examined by medical and mental health personnel as
needed. This follow-up is to include, at a minimum, within one
month of the drug-related exposure, the following:
a. Abnormal lab tests repeated.
b. Complete a developmental and mental health assessment if
indicated.
C. HIV tests per DHS policy.
D. DHS Coordination of Protective Custody Procedures
If a child is taken into protective custody, DHS shall follow
established procedures for notifying the Juvenile Division of the
DA's office, providing petition requests and requesting hearings.
III. ST. CHARLES HOSPITAL- BEND AND KIDS CENTER
PROTOCOL FOR DRUG-ENDANGERED CHILDREN
A. Overall Risk Assessment for Drug-Endangered Children
Medical Risks for Children:
a. Explosion and fire risk.
b. Injury from direct contact with caustic materials.
C. Long-term risk from exposure to environmental
contamination.
d. Exposure to weapons/violence associated with criminal
commerce.
e. Increased risk for sex abuse, physical abuse, emotional
abuse and neglect.
Exhibit
Page J of "53
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 13
2. Routes of Potential Exposure:
a. Injection.
b. Ingestion.
C. Inhalation.
d. Absorption.
3. Symptoms and Target Organs:
a. Solvents: Acetone, ether, methanol and white gas.
o Symptoms: Irritation to skin, eyes, nose and throat;
headache; dizziness; central nervous system
depressant; nausea; emesis; visual disturbances.
o Target organs: eyes, skin, respiratory system, central
nervous system.
b. Corrosives/Irritants: hydriodic acid, hydrochloric acid,
phosphine, sodium hydroxide, sodium thiosulfate, and
sulfuric acid.
o Symptoms: Irritation to upper respiratory tract, cough;
eye, skin burns; gastrointestinal disturbances; thirst;
chest tightness; dyspnea; muscle pain; syncope
convulsions.
o Target Organs: eyes, skin and respiratory tract.
C. Metals/Salts: iodine, red phosphorus and yellow
phosphorus.
o Symptoms: irritation to eyes, skin, nose, respiratory
tract; lacrimation; headache; chest tightness;
cutaneous hypersensitivity; abdominal pain; jaundice.
o Target organs: eyes, skin, respiratory system, central
nervous system, liver, kidneys, blood, cardiovascular
system.
Exhibit D
Page 14 of ;SS
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 14
B.
C.
Notification and Presentation of Drug-Endangered Children to
St. Charles - BEND Emergency Department (ED)
1. Drug-endangered children who are subject to medical evaluation
and testing pursuant to this protocol are to be taken to the
St.Charles ED ASAP or within 12 hours* of their removal from a
methamphetamine or other illicit drug laboratory. (*If a child has
been exposed to a methamphetamine or other illicit drug laboratory
but the child is not discovered at the time of the laboratory seizure,
the child shall be brought to the BEND ED, if the child is located
within 48 hours of the child's exposure to the laboratory.)
2. DHS or law enforcement will notify St.Charles- BEND Emergency
Department ("ED") at 388-7777 as soon as possible regarding the
number of drug-endangered children to be transported to the ED for
medical evaluation and testing.
3. Medical information obtained at the scene, including the chemicals
that the child(ren) was exposed to, shall be provided to the ED staff
by the EMTs, law enforcement officers and/or DHS personnel
transporting the child(ren). This informs the ED of all available
information regarding potential chemical exposure and the level
and type of field decontamination performed on the child(ren).
Children will be decontaminated prior to being transported to the
ED unless medical instability requires immediate transportation.
4. All drug-endangered children report to the ED ambulance bay.
Emergency Department Evaluation and Testing of Drug-Endangered
Children
ED Sexual Assault Nurse Examiner (SANE): Upon DHS or law
enforcement request for a drug-endangered child evaluation, the
ED SANE shall do the following:
a. ED SANE shall immediately obtain a urine sample from the
child(ren), with appropriate chain of evidence. Make sure
that the evidential security seal is properly attached, initialed,
and dated on all containers collected.
b. Notify St.Charles toxicology lab that a specimen needs to be
transported to Oregon Medical Lab for confirmatory testing
regardless of the results obtained at St. Charles toxicology
lab.
Oregon Medical Lab (OML):
Phone number (800) 826-3616 (24 hr_number)
Exhibit D
Page 5 of 33
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 15
2. ED Nurse: The ED nurse will obtain a medical history and vital
signs, including the following:
a. Temperature
b. Blood pressure
c. Pulse
d. Respirations
3. ED Physician: The ED doctor will complete a physical exam to
include, but not limited to:
a. Unusual odors
b. Hygiene
C. Neurological abnormalities
d. Cardiac or pulmonary findings
e. Skin/Hair findings, including injuries, lesions and foreign
substances and stains, which should be collected and/or
photographed if possible- to be completed by the SANE
nurse
f. Ano-genital exam- to be completed by the SANE nurse
examiner if possible.
Follow-up recommendations will include: (1) repeating abnormal
lab tests; (2) completion of a developmental and mental health
assessment; (3) HIV testing, if appropriate; (4) other medical follow-
up based upon exam findings; and (5) referral to KIDS Center for
non-acute abuse exam.
4. Laboratory Testing Ordered by ED:
a. The urine testing to be ordered by the ED is:
1) Complete urine drug screen to include
Methamphetamine/Amphetamine.
2) Specific order for most likely drugs/chemicals the
child was exposed to, e.g. methamphetamine or
amphetamine, cocaine, etc. Order Notes: Include in
order notes for the drug tests that all specimens,
regardless of result obtained by St.Charles lab,
shall be sent to Oregon Medical Lab for testing.
b. For Level I Response, ED will order serology testing and
follow up on the additional labs listed below. For Level II
response, the serology testing will be left to the discretion of
the ED physician.: Exhibit D
Page _ of
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 16
1) Comprehensive Metabolic Panel (includes
electrolytes and liver function test). 2 ml plasma or
serum.
2) Complete blood count 1 ml whole blood, EDTA.
3) Lithium level. 1 ml serum or plasma, gold or green
top tube.
4) If specific information accompanies the patient
regarding type of materials utilized in the
manufacturing of the drug, MD may wish to order
additional studies (ee if method of manufacturing
was NOT ephedrine based may wish to order lead or
heavy metal analysis).
5) The Methamphetamine order set will list the lab
studies in descending order of importance. Lab
personnel will run the studies at the top of the order
set first and proceed down the list until the specimen
is exhausted.
ED can discharge the patient prior to all lab results
being available if DHS or the guardian has a reliable
plan for how the ED can contact them if lab results
require immediate follow-up. ED MD should write an
order "may discharge patient when labs are in
progress."
6) ED can consider hair analysis in unique situations
where past exposure should be documented and the
child will NOT be accessible to DHS/LEA in the future.
Obtain a pencil size width of hair, cut NOT pulled at
the scalp. Place and fold up hair clippings in a piece
of aluminum foil and seal in forensic envelope, label
and submit to Oregon Medical Lab, under chain of
custody. Also note any signs of hair coloring or
bleach with which the child's hair may have been
washed or treated.
7) ED will request lab results be sent to:
KIDS Center
Phone number (541) 383-5958
Fax number (541) 383-3016
Exhibit p
Page n of 33
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 17
5. Additional ED Notifications/Referrals:
a. ED is to notify the DHS Screener at 693-2700 during
business hours or the on-call CPS worker at 330-3213 after
hours if concerns of physical or sexual abuse develop during
the medical evaluation, or if crisis intervention is needed.
DHS will cross report this information to the Detective
Sergeants of appropriate jurisdiction who will assess the
need for an immediate Detective response under the MDT
protocol. DHS or law enforcement shall then refer the
child(ren) to KIDS Center if deemed appropriate by their
agency.
b. ED is to fax the initial ED report, including lab test results, to
KIDS Center (fax: 383-5016).
D. KIDS Center Assessment and Follow-Up
1. Notification of Potential Drug-Endangerment: KIDS Center will
send lab results to the child's medical provider and to the assigned
DHS caseworker.
2. Medical Evaluation and Test Results: KIDS Center will
promptly forward ED report and lab results to the Detective
Sergeant of the appropriate law enforcement jurisdiction. The law
enforcement officer shall forward the medical evaluation and lab
test results to the DEC liaison of the District Attorney's office.
IV. DESCHUTES COUNTY DISTRICT ATTORNEY'S OFFICE
PROTOCOL
A. DEC Liaison Responsibilities
1. DEC Liaison Appointment: A DEC liaison shall at all times be
designated by the Deschutes County District Attorney's Office.
2. DEC Liaison to Receive DEC Reports: The DEC liaison shall be
the recipient of DEC investigation notifications and case referrals by
law enforcement agencies within Deschutes County.
3. Investigative Assistance to Law enforcement and DHS: Upon
contact by a Lead Investigating Officer or DHS personnel involved
in a DEC investigation, the DEC liaison for the District Attorney's
Office shall coordinate and assist with the lawful seizure of DEC-
related evidence, including assisting in the drafting of search
warrant affidavits, and any other required court authorization for the
seizure or obtaining of evidence pertaining to the DEC
investigation. Exhibit D
Page 15 of 33
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 18
4. Notification Requirements: When notified of a DEC investigation
or DEC-related arrest, the DEC liaison at the District Attorney's
Office shall ensure that DHS has been notified of the child
endangerment allegations, and shall ensure that DHS has been
informed of the relevant information needed to evaluate the safety
of the drug-endangered children.
5. Coordination with Juvenile DDAs: The DEC liaison at the
District Attorney's Office shall ensure that all information garnered
during the criminal investigation is communicated to the deputy
district attorney assigned to the dependency case.
6. Prosecution of DEC Cases: The DEC liaison at the District
Attorney's Office or his/her designee is responsible for screening
and presenting the drug and child neglect/endangerment case for
prosecution in a timely fashion.
7. Assignment of Victim's Advocate in DEC Cases: The DEC
liaison at the District Attorney's Office shall ensure a Victim's
Advocate is assigned when children may be required to testify in a
prosecution resulting from a DEC investigation.
8. Sentencing Considerations: The DEC liaison shall be
responsible for communicating with assigned DHS personnel and
Juvenile Division deputy district attorneys assigned to any pending
dependency case before entering into a plea agreement with the
defendant(s) to ensure that an appropriate sentence is
recommended, and, where applicable, that appropriate conditions
of probation are in place to address the parenting concerns.
9. Restitution: The DEC liaison shall include in any pre-trial offer a
requirement that the offender pay restitution for costs incurred in
the medical evaluation, testing, and treatment of any drug-
endangered children which resulted from the offender's criminal
activities. Other related restitution shall be sought as well, including
that associated with clean-up of the contaminated site, and HazMat
response expenses.
10. Communication with Other Interested Agencies: The DEC
liaison shall communicate the outcome of any drug prosecution
involving child endangerment charges to interested DHS and
Juvenile Division deputy district attorneys.
Exhibit D
Page 1q of,3
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 19
EXHIBIT 1
Exhibit p
Page 06 of 33
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 20
GLOSSARY
Level I Response: Children Found at Methamphetamine or other Illicit Drug Laboratories.
Level II Response: Children Exposed to the Sale, Use or Possession of Controlled
Substances.
CPS Worker: DHS Child Protective Service worker
DEC: Drug endangered children
DEC Liaison for District Attorney's Office: Prosecutor who serves as the contact person
for agencies involved with DEC investigations.
DHS Screener: Department of Human Services CPS unit worker who screens in-
coming calls
Juvenile Division of District Attorney's Office: Team responsible for filing and
prosecuting dependency cases in Juvenile Court.
KIDS Center: Kids Intervention and Diagnostic Services Center
SANE: Sexual Assault Nurse Examiner
Exhibit
Page 21 of 33
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 21
EXHIBIT 2
Exhibit
Page 2L of 53
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 22
KIDS CENTER
Date
Re: Child
Date of birth
Dear Dr
Your above-named patient was evaluated at St. Charles Medical Center-Bend Emergency
Department on under the Deschutes
County Drug Endangered Child Protocol (DEC).
❑ For your review, the completed lab studies and their results are attached. Medical staff at
the KIDS Center have additionally reviewed this information as outlined in the Deschutes
County Drug Endangered Children Protocol.
This child was seen for
KIDS Center. The report from the evaluation will be sent to you upon completion.
❑ This child was not seen at the KIDS Center because
at the
Our recommendations for follow-up regarding this child's exposure to drugs are as follows:
❑ Heavy Metals Panel (arsenic, mercury, and lead)
❑ Urine nucleic acid amplification test for chlamydia/gonorrhea
❑ RPR/syphilis
❑ Referral to counseling services
❑ Other
If you have any questions regarding the DEC Protocol, contact myself or Jill Hartley, PA-C at:
541-383-5958.
Sincerely,
Examiner, KIDS Center
Exhibit E)
Page 23 of15__-_S_
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 23
EXHIBIT 3
Exhibit *Z>
Page 2.4 of 3
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 24
163.547 Child neglect in the first degree. (1)(a) A person having custody or control of
a child under 16 years of age commits the crime of child neglect in the first degree if the
person knowingly leaves the child, or allows the child to stay:
(A) In a vehicle where controlled substances are being criminally delivered or
manufactured;
(B) On premises and in the immediate proximity where controlled substances are
criminally delivered or manufactured for consideration or profit; or
(C) In or upon premises that have been determined to be not fit for use under ORS
453.855 to 453.912.
(b) As used in this subsection, "vehicle" and "premises" do not include public places,
as defined in ORS 161.015.
(2) Child neglect in the first degree is a Class B felony.
(3) Subsection (1) of this section does not apply if the controlled substance is
marijuana and is delivered for no consideration. [1991 c.832 §1; 2001 c.387 §1; 2001
c.870 §11 ]
163.575 Endangering the welfare of a minor. (1) A person commits the crime of
endangering the welfare of a minor if the person knowingly:
(a) Induces, causes or permits an unmarried person under 18 years of age to
witness an act of sexual conduct or sadomasochistic abuse as defined by ORS
167.060; or
(b) Permits a person under 18 years of age to enter or remain in a place where
unlawful activity involving controlled substances is maintained or conducted; or
(c) Induces, causes or permits a person under 18 years of age to participate in
gambling as defined by ORS 167.117; or
(d) Distributes, sells, or causes to be sold, tobacco in any form to a person under 18
years of age; or
(e) Sells to a person under 18 years of age any device in which tobacco, marijuana,
cocaine or any controlled substance, as defined in ORS 475.005, is burned and the
principal design and use of which is directly or indirectly to deliver tobacco smoke,
marijuana smoke, cocaine smoke or smoke from any controlled substance into the
human body including but not limited to:
(A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air
driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without
screens, permanent screens, hashish heads or punctured metal bowls;
(B) Carburetion tubes and devices, including carburetion masks;
(C) Bongs;
(D) Chillums;
(E) Ice pipes or chillers;
(F) Cigarette rolling papers and rolling machines; and
(G) Cocaine free basing kits.
(2) Endangering the welfare of a minor by violation of subsection (1)(a), (b), (c) or (e)
of this section, involving other than a device for smoking tobacco, is a Class A
misdemeanor.
Exhibit
Page (Z5 of
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 25
(3) Endangering the welfare of a minor by violation of subsection (1)(d) of this
section or by violation of subsection (1)(e) of this section, involving a device for smoking
tobacco, is a Class A violation and the court shall impose a fine of not less than $100.
[1971 c.743 §177; 1973 c.827 §20; 1979 c.744 §8; 1981 c.838 §1; 1983 c.740 §31;
1991 c.970 §5; 1995 c.79 §52; 1999 c.1051 §153]
167.262 Adult using minor in commission of controlled substance offense. (1) It is
unlawful for an adult to knowingly use as an aider or abettor or to knowingly solicit,
force, compel, coerce or employ a minor, with or without compensation to the minor:
(a) To manufacture a controlled substance; or
(b) To transport, carry, sell, give away, prepare for sale or otherwise distribute a
controlled substance.
(2)(a) Except as otherwise provided in paragraph (b) of this subsection, violation of
this section is a Class A felony.
(b) Violation of this section is a Class A misdemeanor if the violation involves
delivery for no consideration of less than five grams of marijuana. [1991 c.834 §1]
41913.005 Definitions. As used in ORS 418.747, 418.748, 418.749 and 41913.005 to
419B.050, unless the context requires otherwise:
(1)(a) "Abuse" means:
(A) Any assault, as defined in ORS chapter 163, of a child and any physical injury to
a child which has been caused by other than accidental means, including any injury
which appears to be at variance with the explanation given of the injury.
(B) Any mental injury to a child, which shall include only observable and substantial
impairment of the child's mental or psychological ability to function caused by cruelty to
the child, with due regard to the culture of the child.
(C) Rape of a child, which includes but is not limited to rape, sodomy, unlawful
sexual penetration and incest, as those acts are defined in ORS chapter 163.
(D) Sexual abuse, as defined in ORS chapter 163.
(E) Sexual exploitation, including but not limited to:
(i) Contributing to the sexual delinquency of a minor, as defined in ORS chapter 163,
and any other conduct which allows, employs, authorizes, permits, induces or
encourages a child to engage in the performing for people to observe or the
photographing, filming, tape recording or other exhibition which, in whole or in part,
depicts sexual conduct or contact, as defined in ORS 167.002 or described in ORS
163.665 and 163.670, sexual abuse involving a child or rape of a child, but not including
any conduct which is part of any investigation conducted pursuant to ORS 41913.020 or
which is designed to serve educational or other legitimate purposes; and
(ii) Allowing, permitting, encouraging or hiring a child to engage in prostitution, as
defined in ORS chapter 167.
(F) Negligent treatment or maltreatment of a child, including but not limited to the
failure to provide adequate food, clothing, shelter, or medical care that is likely to
endanger the health or welfare of the child.
(G) Threatened harm to a child, which means subjecting a child to a substantial risk
of harm to the child's health or welfare.
(H) Buying or selling a person under 18 years of age as described in ORS 163.537.
(1) Permitting a person under 18 years of age to enter or remain in a place where
methamphetamines are being manufactured.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541--3.83-5.958__ ?A _ _
Exhibit D
Page Q(V of 3~
(b) "Abuse" does not include reasonable discipline unless the discipline results in
one of the conditions described in paragraph (a) of this subsection.
(2) "Child" means an unmarried person who is under 18 years of age.
(3) "Public or private official" means:
(a) Physician, including any intern or resident.
(b) Dentist.
(c) School employee.
(d) Licensed practical nurse or registered nurse.
(e) Employee of the Department of Human Services, State Commission on Children
and Families, Child Care Division of the Employment Department, the Oregon Youth
Authority, a county health department, a community mental health and developmental
disabilities program, a county juvenile department, a licensed child-caring agency or an
alcohol and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) Member of the clergy.
(i) Licensed clinical social worker.
Q) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Naturopathic physician.
(o) Licensed professional counselor.
(p) Licensed marriage and family therapist.
(q) Firefighter or emergency medical technician.
(r) A court appointed special advocate, as defined in ORS 419A.004.
(s) A child care provider registered or certified under ORS 657A.030 and 657A.250
to 657A.450.
(t) Member of the Legislative Assembly.
(4) "Law enforcement agency" means:
(a) Any city or municipal law police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) A county juvenile department. [1993 c.546 §12; 1993 c.622 §1a; 1995 c.278 §50;
1995 c.766 §11; 1997 c.127 §1; 1997 c.561 §3; 1997 c.703 §3; 1997 c.873 §30; 1999
c.743 §22; 1999 c.954 §4; 2001 c.104 §148; 2003 c.191 §1]
41913.100 (Dependency) Jurisdiction; bases; Indian children. (1) Except as
otherwise provided in subsection (6) of this section and ORS 107.726, the juvenile court
has exclusive original jurisdiction in any case involving a person who is under 18 years
of age and:
(a) Who is beyond the control of the person's parents, guardian or other person
having custody of the person;
(b) Whose behavior is such as to endanger the welfare of the person or of others;
(c) Whose condition or circumstances are such as to endanger the welfare of the
person or of others;
(d) Who is dependent for care and support on a public or private child-caring agency
that needs the services of the court in planning for the best interest of the person;
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-3.83 5958- 27
_
Exhibit
Page _J_ of
(e) Whose parents or any other person or persons having custody of the person
have:
(A) Abandoned the person;
(B) Failed to provide the person with the care or education required by law;
(C) Subjected the person to cruelty, depravity or unexplained physical injury; or
(D) Failed to provide the person with the care, guidance and protection necessary
for the physical, mental or emotional well-being of the person;
(f) Who has run away from the home of the person; or
(g) Who has filed a petition for emancipation pursuant to ORS 41913.550 to
41913.558.
(2) The court shall have jurisdiction under subsection (1) of this section even though
the child is receiving adequate care from the person having physical custody of the
child.
(3) The practice of a parent who chooses for the parent or the child of the parent
treatment by prayer or spiritual means alone shall not be construed as a failure to
provide physical care within the meaning of this chapter, but shall not prevent a court of
competent jurisdiction from exercising that jurisdiction under subsection (1)(c) of this
section.
(4) The provisions of subsection (1) of this section do not prevent a court of
competent jurisdiction from entertaining a civil action or suit involving a child.
(5) The court shall have no further jurisdiction as provided in subsection (1) of this
section after a minor has been emancipated pursuant to ORS 41913.550 to 41913.558.
(6)(a) An Indian tribe has exclusive jurisdiction over any child custody proceeding
involving an Indian child who resides or is domiciled within the reservation of the tribe,
except where the jurisdiction is otherwise vested in the state by existing federal law.
(b) Upon the petition of either parent, the Indian custodian or the Indian child's tribe,
the juvenile court, absent good cause to the contrary and absent objection by either
parent, shall transfer a proceeding for the foster care placement of, or termination of
parental rights to, an Indian child not domiciled or residing within the reservation of the
Indian child's tribe, to the jurisdiction of the tribe.
(c) The juvenile court shall give full faith and credit to the public acts, records and
judicial proceedings of an Indian tribe applicable to an Indian child custody proceeding
to the same extent that the juvenile court gives full faith and credit to the public acts,
records and judicial proceedings of any other entity. [1993 c.33 §53; 1993 c.546 §10;
1993 c.643 §5]
41913.150 When protective custody authorized; disposition of runaway child taken
into protective custody. (1) A child may be taken into protective custody by a peace
officer, counselor, or employee of the Department of Human Services or any other
person authorized by the juvenile court of the county in which the child is found, in the
following circumstances:
(a) When the child's condition or surroundings reasonably appear to be such as to
jeopardize the child's welfare;
(b) When the juvenile court, by order indorsed on the summons as provided in ORS
41913.839 or otherwise, has ordered that the child be taken into protective custody; or
(c) When it reasonably appears that the child has run away from home.
Exhibit D
Page of _
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 28
(2)(a) Before issuing an order under subsection (1)(b) of this section, the court shall
review an affidavit sworn on information and belief provided by a peace officer,
counselor or employee of the department or other person authorized by the juvenile
court that sets forth with particularity the facts and circumstances on which the request
for protective custody is based, why protective custody is in the best interests of the
child and the reasonable efforts or, if the Indian Child Welfare Act applies, active efforts
made by the department to eliminate the need for protective custody of the child.
(b) Except as provided in paragraph (c) of this subsection, an order directing that a
child be taken into protective custody under subsection (1) of this section shall contain
written findings, including a brief description of the reasonable efforts or, if the Indian
Child Welfare Act applies, active efforts to eliminate the need for protective custody of
the child that the department has made and why protective custody is in the best
interests of the child.
(c) The court may issue an order even though no services have been provided if the
court makes written findings that no existing services could eliminate the need for
protective custody of the child and that protective custody is in the best interests of the
child.
(3) When a child is taken into protective custody as a runaway under subsection (1)
of this section, the peace officer or other person who takes the child into custody:
(a)(A) Shall release the child without unnecessary delay to the custody of the child's
parent or guardian or to a shelter facility that has agreed to provide care and services to
children who have run away from home and that has been designated by the juvenile
court to provide such care and services; or
(B) Shall follow the procedures described in ORS 419B.160, 419B.165, 419B.168
and 419B.171;
(b) Shall, if possible, determine the preferences of the child and the child's parent or
guardian as to whether the best interests of the child are better served by placement in
a shelter facility that has agreed to provide care and services to children who have run
away from home and that has been designated by the juvenile court to provide such
care and services or by release to the child's parent or guardian; and
(c) Notwithstanding ORS 41913.165 and subsection (1) of this section, shall release
the child to a shelter facility that has agreed to provide care and services to children
who have run away from home and that has been designated by the juvenile court to
provide such care and services if it reasonably appears that the child would not willingly
remain at home if released to the child's parent or guardian. [1993 c.33 §61; 1993 c.546
§27; 1997 c.873 §10; 1999 c.691 §1; amendments by 1999 c.691 §2 repealed by 2001
c.484 §1; 2001 c.622 §§46,47; 2001 c.686 §§1,2]
41913.502 Termination upon finding of extreme conduct. The rights of the parent or
parents may be terminated as provided in ORS 41913.500 if the court finds that the
parent or parents are unfit by reason of a single or recurrent incident of extreme conduct
toward any child. In such case, no efforts need to be made by available social agencies
to help the parent adjust the conduct in order to make it possible for the child or ward to
safely return home within a reasonable amount of time. In determining extreme conduct,
the court shall consider the following:
(1) Rape, sodomy or sex abuse of any child by the parent.
(2) Intentional starvation or torture of any child by the parent.
(3) Abuse or neglect by the parent of any child resulting in death or serious physical
injury.
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-IR3-595R__ _ 2Q_
Exhibit
Page F_q of 53
(4) Conduct by the parent to aid or abet another person who, by abuse or neglect,
caused the death of any child.
(5) Conduct by the parent to attempt, solicit or conspire, as described in ORS
161.405, 161.435 or 161.450 or under comparable laws of any jurisdiction, to cause the
death of any child.
(6) Previous involuntary terminations of the parent's rights to another child if the
conditions giving rise to the previous action have not been ameliorated.
(7) Conduct by the parent that knowingly exposes any child of the parent to the
storage or production of methamphetamines from precursors. In determining whether
extreme conduct exists under this subsection, the court shall consider the extent of the
child or ward's exposure and the potential harm to the physical health of the child or
ward. [1993 c.33 §139; 1995 c.767 §1; 1997 c.873 §5; 1999 c.859 §16; 2001 c.575 §1;
2001 c.686 §23; 2003 c.396 §84]
475.986 Application of controlled substance to the body of another person;
prohibition. (1) Except as authorized by ORS 475.005 to 475.285 or 475.940 to
475.999, it is unlawful for any person to intentionally apply a controlled substance to the
body of another person by injection, inhalation, ingestion or any other means if the other
person is under 18 years of age. A person who violates this section with respect to:
(a) A controlled substance in Schedule I or II, is guilty of a Class A felony classified
as crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice
Commission.
(b) A controlled substance in Schedule III, is guilty of a Class B felony classified as
crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice
Commission.
(c) A controlled substance in Schedule IV, is guilty of a Class C felony.
(d) A controlled substance in Schedule V, is guilty of a Class A misdemeanor.
(2) It is a defense to a charge of violating subsection (1) of this section by applying
marijuana that the person applying the marijuana was less than three years older than
the victim at the time of the alleged offense. [2001 c.857 §2]
475.995 Penalties for distribution to minors. Except as authorized by ORS 475.005
to 475.285 and 475.940 to 475.999, it is unlawful for any person to deliver a controlled
substance to a person under 18 years of age. Any person who violates this section with
respect to:
(1) A controlled substance in Schedule I or II, is guilty of a Class A felony.
(2) A controlled substance in Schedule III, is guilty of a Class B felony.
(3) A controlled substance in Schedule IV, is guilty of a Class A misdemeanor.
(4) A controlled substance in Schedule V, is guilty of a Class B misdemeanor.
(5) Notwithstanding the placement of marijuana in a schedule of controlled
substances under ORS 475.005 to 475.285 and 475.940 to 475.999, and
notwithstanding ORS 475.992 (2), delivery of marijuana to a minor is a Class A felony if:
(a) The defendant is 18 years of age or over; and
(b) The conviction is for delivery of marijuana to a person under 18 years of age who
is at least three years younger than the defendant. [1977 c.745 §20; 1979 c.777 §56;
1995 c.440 §38]
Exhibit 7,)
Page 3N of ,9
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 30
475.999 Penalty for manufacture or delivery of controlled substance within
1,000 feet of school. Except as authorized by ORS 475.005 to 475.285 and 475.940 to
475.999, it is unlawful for any person to:
(1) Manufacture or deliver a schedule I, II or III controlled substance within 1,000
feet of the real property comprising a public or private elementary, secondary or career
school attended primarily by minors.
(a) Unlawful manufacture or delivery of a controlled substance within 1,000 feet of a
school is a Class A felony.
(b) Notwithstanding the provisions of paragraph (a) of this subsection, delivery for no
consideration of less than five grams of the dried leaves, stems and flowers of the plant
Cannabis family Moraceae in a public place, as defined in ORS 161.015, that is within
1,000 feet of the real property comprising a public or private elementary, secondary or
career school attended primarily by minors to a person who is 18 years of age or older
is a Class C misdemeanor.
(2)(a) Possess less than one avoirdupois ounce of the dried leaves, stems and
flowers of the plant Cannabis family Moraceae in a public place, as defined in ORS
161.015, that is within 1,000 feet of the real property comprising a public or private
elementary, secondary or career school attended primarily by minors.
(b) Possession of less than one avoirdupois ounce of the dried leaves, stems and
flowers of the plant Cannabis family Moraceae in a public place that is within 1,000 feet
of a school is a Class C misdemeanor. [1989 c.806 §2; 1991 c.574 §1; 1993 c.78 §1;
1995 c.343 §49; 1995 c.440 §39]
Exhibit
Page 31 of 3_
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 31
EXHIBIT 4
Exhibit T__21
Page,-2)L of '55_
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 32
CONTACT INFORMATION
1. Deschutes County DHS Contact info:
2. District Attorney:
DEC Liaison Prosecutor:
Juvenile Division Prosecutor:
General On-Call Prosecutor:
3. Juvenile Division of DA's Office:
541-693-2700 during business hours
or on-call CPS Worker pager
541-330-3213 after hours
Fax: 541-388-6401
24-HR Cell Phone: To be determined
24-HR Pager: 541-617-8309
Call Non-Emergency Dispatch at
541-693-6911 and request contact.
541-383-6707 or 541-617-3335
Fax: 541-383-0901
24-HR Pager: 541-617-8309
4. St.Charles-BEND Emergency Department: 541-388-7777
Fax: 541-383-6917
5. Oregon Medical Lab (OML):
6. KIDS Center
(800) 826-3616 (24 hr number)
541-383-5958
Fax: 541-383-3016
Exhibit SD
Page ,5-75 of.33
DRAFT Deschutes County-Oregon MDT Protocol. Contact: KIDS Center, MDT Coordinator at 541-383-5958 33