Tuesday, January 1, 2013

Ongoing Child Protective Services (CPS) with Methamphetamine Using Families: Implementing Promising Practices

Ongoing Child Protective Services (CPS) with Methamphetamine Using
Families: Implementing Promising Practices
August 2006
Prepared by
Diane DePanfilis & R. Anna Hayward
University of MarylandSchool of Social Work Center for Families
For the National Resource Center for Child Protective Services
A Service for the Children’s Bureau
Introduction and Purpose
Methamphetamine manufacture, use, and addiction and the effect on children and
families, are serious problemsconfronting child welfare agencies across the nation.
Similar to the crack epidemicof the 1980’s, the “meth problem” increases the risk of
child maltreatment, impacts family functioning, and seriously threatens the safety and
well-being of children.
It is the responsibility ofthe CPS worker to: (1) recognize methamphetamineor other drug
related symptoms; (2) collect information about methamphetamine use,abuse, addiction,
and/or manufactureaspart of riskassessmentand safetyevaluation;(3)develop and manage
safetyplans toaddressthesafety influences that jeopardize achild’simmediatesafety; (4)
conduct family assessments that evaluate the specificeffect ofmethamphetamine use,abuse,
or addiction and manufacture on parenting adequacy and toassess the effects of these
circumstances on children; (5) develop changeorientedcaseplansthataddress theimpact of
methamphetamineuse, abuse, oraddiction;(6) select and coordinatemeaningful
interventionsprovided by addiction counseling and other agencies; and (7) evaluate progress
of parentsand children in recovery.
A series of papers developed by the National Resource Center for Child Protective
Services focus on the responsibilities of the CPS worker at one or more of these stages of
the CPS process. The purpose of this paper is to focus on ongoing CPS intervention
when families are affected by methamphetamine use, abuse, or addiction by primary
caregivers.
It is assumed that there is a safety plan in place (see previous papersin this series) and
that the CPS worker is managing safety on anongoing basis. When a safety plan has
been developed to keep children in the home, intense supervision must manage the safety
ofchildren to assure that all safety servicesare controlling the negative influences that
jeopardize a child’s safety. When caregivers have a history of methamphetamine use,
relapse should be expected. Therefore, at least weekly in-home contact is essential to
assure that all components of the safety plan are fully implemented and that the caregiver
and other family members are meeting agreed upon obligations. Key questions that
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should be assessed during at least weekly visits include: (1) is the plan effective? (2) Are
safety responses adequate?(3) Are providersinvolved and active as prescribed by the
safety plan?(ACTION for Child Protection, 2006).
Other papers in this series will focuson safety management during ongoing services.
This paper focuses on promising or acceptable interventions that may be useful as change
based services once methamphetamine use by a caregiver has been identified. It
acknowledges that appropriate interventions may only be selected after a comprehensive
family assessment has been completed.
Conducting the Family Assessment and Assessing the Effects of Methamphetamine
Use, Abuse, or Addiction on Parenting Adequacy and on Children
The primary purpose of conducting a comprehensive family assessment is to gather and
analyze information that will guidethe interventionchange process with families and
children. Targeting changestrategiesto the uniquerisk and protective factors present in
families affected by methamphetamine will lead to increased safety, permanency, and
well being ofchildren and families.
During the assessment process, the family isengaged in a process to understand their
strengths and needs and in particular to understand the way in which methamphetamine is
affecting parenting and children. It isassumed that a safety plan is in place and the focus
of the assessment is on the factors that need to be addressed through change focused
intervention strategies.
Information about risk and protective factors related to the child, parent, family, and
environment should be identified and assessed. Outlines for assessment of families (e.g.,
DePanfilis and Salus, 2003) are useful and should be supplemented by assessing the
specific ways in which methamphetamine affects parenting, family functioning, and
children.
Three areas of assessment are important: (1) assessing the degree of use, abuse, or
addiction to methamphetamine; (2) assessing what specific effects are evident for the
individual who uses, abuses, or is addictedto methamphetamine; and (3) assessing the
specific ways in which this use, abuse, oraddiction affects children in the family.
Assessing Use, Abuse, or Addiction
Aswith allsubstances, the firsttask of theongoing CPS worker is to understand whether the
methamphetamineproblem is one of use, abuse, or addiction (Zuskin and DePanfilis,
1995).
Use. Use ofalcohol orother drugs involves the ability to use drugs in a responsible
way. Use may beexperimental, occasional, recreational, or social. Users experience no
psychosocialproblemsand maintaincontrol over the amount, time, place, and duration of
their use (Griffin, 1993). Methamphetamine may be used initially for practical reasons:to
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stay up for extended hours for work orschool or toloose weight. Women especially may
initiate methamphetamine use for appetite control and weight loss (Rawson, Anglin & Ling,
2002). Becausemethamphetamineislessexpensive thanotherstimulant-type drugs(such as
cocaine),itmay bemorelikely tobeusedfor these reasons.
Abuse. Substanceabuse refersto theuse of drugsinanirresponsiblemannerwhich
results inpsychosocial problems; or, substance abuse refersto the useof adrug forthe
purpose of intoxication. Psychosocialproblems experienced may bedirectlyrelated tothe
abuse of substances, or may result from exacerbation of existing problems. The substance
abuser retains control overdrugusage, and thereisno progression of thediseaseprocess (no
abnormaltolerance, withdrawal, or pathologicorgan damage)(Griffin, 1993). Substance
abuse ismost typicallyseen inadolescents;although manyparents on CPS caseloads may
be substanceabusers, careful assessment may reveal that many are morelikely tobe
chemically dependent/addicted. This is particularly truewithmethamphetamine (see
appendix).
DependencyorAddiction. Dependency, or"addiction", referstoaphysiological
diseaseprocess which canbe identifiedbehaviorally. Inaddition topsychosocialproblems,
the chemically dependentperson loses controloveruse withregards to amount,time, place,
and duration Griffin, 1993). A progression of the diseaseprocess isevident and includes
abnormaltolerance, perhaps fromthe onset ofusage, withdrawal, and pathologicorgan
changes inlate stagesof addiction. The addicted person demonstratesa compulsion touse
drugs, disregarding any negative consequencesand exhibiting toleranceto the drug and
withdrawal symptomswhen he orshe cannothavethe drug. Preoccupation withacquiring
and using the drug results in poorjudgment.For example, drug-dependent parentsmay
leaveaninfant unsupervised while theyseek the next "fix".Intheir denial, theseindividuals
often believethattheir drugged state isnormaland strive to sustain it. Such psychological
dependence isdifficultforthedrug-dependent individual toovercome. These personsare
unableto controltheir drug use and their addiction usually has negative effects on their day
to day functioning (Griffin, 1993).
Assessing Effectson theIndividual
If parental use of methamphetamineis suspected, it is important that the parent undergoes
a specific assessment of the effects ofthis use, abuse, or addiction on their everyday
functioning. (See examples of effects in the appendix). The worker may observe
physical, behavioral, cognitive, and psychological consequences. Physical problems
include skin lesions (SAMHSA,1999); dental problems (Brandjord, 2006); increased risk
of stroke and heart problems (Maxwell, 2005),and potential long termdamage to neuron
cells (NIDA, 2005; SAMSHA, 1999). In terms of behavior, the parent may be observed
with periods of heightened energy and feelings of euphoria (NIDA, 2005); impulsivity
(Simons, Oliver, Ghaer, Ebel, and Brummels, 2005); and episodes of violence,
aggression, and agitation (Maxwell, 2005). Impairments to cognition, memory, and
attention including ADHD may also be observed (Maxwell, 2005; Simon,Domier,
Carnell, Brethen, Rawson, & Ling , 2000). Finally, someparents may experience
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depression and anxiety, especially with withdrawal (Cretzmeyer, Sarrazin, Huber, Block,
& Hall, 2003; NIDA, 2005)
Assessing Effects on Children
Because of the range of serious effects on the user, methamphetamine affects children in
multiple ways includingincreasing the risk ofchild abuse and neglect. The specific ways
in which this translates to concern for children need to be understood as part of the
assessment process. Once the specific ways in which the problemis affecting children is
understood, safety and change oriented changestrategies need to be tailored to the
specific needs of each family. Examples of these effects follow.
Prenatal effects. Infants exposed to methamphetamine prenatally may experience
developmental and learning delays (Rawson, Anglin, et al.,2002), research in this area is
ongoing. Children with these effects may need specific treatment to address these issues.
Household safety. Exposure to environmental toxins(arsenic, lye, mercury, lead)
during the manufacture process is especially risky for young children (USDOJ, 2003). A
complete assessment of household safety must be conducted with a specific eye to
potential household hazards associated with methamphetamine manufacture and use.
Childhood supervision and neglect.Parents may sleep for excessive periods of
time following drug binges and during periods of withdrawal. This may lead to a lack of
supervision and to other forms of child neglect. Because methamphetamine use
suppresses appetite, users may not regularly purchase or prepare food leaving children at
risk of nutritional neglect (Rawson, Anglin, et al., 2002).
Physical abuse. Agitation and violent behavior associated with withdrawal may
increase risk for physical abuse.
Sexual abuse.When parents are using methamphetamine, children may be
exposed to sexualized behavior in adults which may also put themat risk for sexual
abuse.
Lack of positive social support systems. Parents involved with
methamphetamine may have few positive supportsystems and only be associated with
others involved with methamphetamine. These conditions increase concern for child
safety, and make it more difficult to change negative behaviors.
Using Results of the Family Assessment to Target Outcomes
At the conclusion of the family assessment, the CPS worker should target client outcomes
that ifachieved will reduce the risk offuture maltreatment and address effects ofchild
maltreatment. This usually means selecting risk factors and protective factors uniquely
relevant to each family and then selecting interventions that will help parents, children,
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and familiesachieve these intermediate outcomes. An example ofhow this all comes
together is provided in a sample logic model. See Figure 1. Each service plan should be
unique and interventionsshould be selected that have the bestchance of helping families
achieve their individually targeted outcomes.
Selecting Evidence-Based Practices
Because methamphetamine addictiontreatment isrelatively new, an exhaustive search of
the literature was unsuccessful in finding treatment programs with extensive research
support of their effectiveness. As an alternative, this paper identifies promising or
acceptable practices that may be useful withfamilies affected by methamphetamine.
The selection of programs orinterventions was partially based on recommendations
offered to child welfare administratorsfor selecting evidence-based interventions (Wilson
& Alexandra, 2005) and by the California Evidence-Based Clearinghouse for Child
Welfare (CEBC). This CEBC hierarchy suggests the following classification of
programs:
1.  Well-supported, proven effective practice
2.  Supported efficacious practice
3.  Promising practice
4.  Acceptable emerging practice (effectiveness is unknown)
5.  Evidence fails to demonstrate effect
6.  Concerning practice
A series of efforts are underway to classifythe degree of effectiveness of evidence of
programs relevant to families served by childwelfare agencies (e.g., California Evidence-Based Clearinghouse for Child Welfare, 2006). Readers are encouraged to continue to
search for interventions with the best research support available. Other hierarchies (e.g.,
Gambrill, 2006) may also help workers selectprograms relevant for families affectedby
methamphetamine based on acceptable, promising, efficacious, or effective results.
Based on this review of promising or acceptable programs, it is recommended that
intervention for methamphetamine affectedfamilies include the following four
components: (1) a process for assessing safety and implementing appropriate safety
plans; (2) substance abuse treatment for addicted parents; (3) parent and family-focused
interventions; and (4) child-focused interventions. Since other papers in this series focus
on safety, this paper focuses on promising or acceptable practices acrossthe other three
domains.
Substance Abuse Treatment
Substance abuse treatment, preferably treatment with somepromise ofeffectiveness with
individuals addicted to methamphetamine, isrequired in order to reduce the risk of
maltreatment in affected families. While methamphetamine users share someofthe same
needs as users of other stimulant-type drugs such as cocaine, there are alsodifferences.
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In particular, methamphetamine users may function adequatelyin their work or social
lives before methamphetamine results in obvious consequences (Cretzmeyer et al., 2003;
Rawson et al., 2002). In addition, methamphetamine users may be more likely to be
poly-drug users (Brecht et al., 2004; Stoops, Tindall, Mateyoke-Scrivner, & Leukefeld,
2005); have high rates of psychiatric disorders, (Semple, Grant, & Patterson, 2004), and
experience serious depressive symptomsduring withdrawal (Rawson, Huber, et al., 2002;
Sweben et al., 2004).
During the beginning stages oftreatment, cognitive problems and ADHD may become
worse and increase the likelihood of relapse (Maxwell, 2005, Zweben et al., 2004). To
increase motivation, the CPS worker and drug treatment provider should provide
education about the consequences of methamphetamine, interpret any apparent cognitive
problems as related to the recovery process, and help the parent get through this stage of
the treatment process.
Promising or acceptable models for treatment of parents withmethamphetamine
problems are reviewed. The sametreatment models that have shown effectiveness in the
treatment of cocaine seem to also have promising outcomes in the treatment of
methamphetamine (Huber et al., 1997; Maxwell, 2005; SAMHSA, 1999a) and
methamphetamine treatment may actually be associated withmore favorable criminal
justice outcomes (WSDHS, 2004).
The Matrixintervention. This model is considered an effective outpatient
treatment for methamphetamine addiction (SAMHSA, 1999a). The Matrix intervention
is recommended by the Substance Abuse and Mental Health Services Administration
(SAMHSA) and the Center for Substance Abuse Treatment (CSAT). This intervention
includes the following components:
•  outpatient treatment,
•  information/education,
•  relapse prevention,
•  family involvement,
•  cognitive-behavior based individual therapy,
•  group sessions,
•  self-help (12 step program participation), and
•  urine toxicology monitoring (Obert et al., 2000).
Evaluation of Matrix programparticipants relapse rates suggests that longer treatment
decreases the risk of relapse. Factorsthat increasethe risk of relapse include: (older) age
of user, Hispanic ethnicity, involvement withdrug sales, and previous treatment episodes
(Brecht, Mayrhauser, & Anglin, 2000). Comparisons between methamphetamine and
cocaine users in Matrix treatment indicate similarpositive benefits oftreatment, but
depressive symptomsare generally higher for methamphetamine users at admission and
may be slower to change over time(Rawson, Huber et al., 2002). Because of these
differences, someexperts suggest that Matrix treatment needs to be enhanced with
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cognitive and educational interventions to address methamphetamine-induced cognitive
impairments (Cretzmeyer et al., 2003), and psychiatric symptoms.
The IowaCase Management Project (ICMP).This model is a comprehensive
intervention for parenting addicts (Cretzmeyer et al., 2003). This methamphetamine
specific treatment includes:
•  Up to 12 months of case-management,
•  homevisits,
•  assistance with transportation,
•  referrals, and
•  solution-focused therapy.
Unfortunately, preliminary research reveals that the intervention did not improve relapse
outcomes over standard care, but was shown to significantly improve employment rates
and decrease depression among participantsat follow up (Cretzmeyer et al., 2003).
Further research on thismodel is warranted.
Family focused substance abuse treatment. Research with other drug use
confirmsthat substance abuse outcomes (programretention, lower rates of relapse) are
enhanced when social and health needs of parents and their children are addressed (Smith
& Marsh, 2002). The Substance Abuse MentalHealth Services Association (SAMHSA)
recommendsthat family related substance abuse treatment include:
•  parent education on child development;
•  attention to early adverse experiences in the clientin an attempt to “break the
cycle” of child maltreatment;
•  development of social support networks; and
•  focus on treatment issues and parent-child relationships and family dynamics
(SAMHSA, 1999b).
Studies of cocaine addicted parenting women suggest benefits of treatment programs that
focus on a range ofneeds including recovery fromtrauma, life skills, parenting
education, and family engagement (Magura & Laudet, 1996). Furthermore, allowing
children to enter care with addicted parents may have positive benefits for parenting,
child behavior, family functioning, employment, substance abuse, and criminal justice
involvement (Jackson, 2004; Sowers, Ellis, Washington, & Currant, 2002). Adding the
involvement of families seems to result in better outcomes than routine drug treatment.
Comparing a methadone maintenance treatment enhanced with a family programto
treatment as usual, participants in thefamily programachieved greater benefits in the
areas of problemsolving, family factors, social network, decreased drug use, and parental
involvement with children (Catalano, Gainey, Fleming, Haggerty, & Johnson, 1999).
This trend suggests that family centered methamphetamine treatment could have better
outcomes than methamphetamine treatment focused only on the addicted individual but
evaluation of this premise has yet to occur.
.
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Parent & Family Focused Interventions
Separate from substance abuse treatment, other types of parent and family focused
interventions are neededto address the effects ofmethamphetamine on families and to
reduce other risk factors for child maltreatment.
Social support interventions.Social isolation and/or connections with drug-using social networks may increase risk for continued substance abuse and child
maltreatment. Positive social support may increase treatment retention and prevent
relapse (Dobkin, Civita,Paraherakis,& Gill, 2002). Social support intervention may
consist of individual support (in the formof parent-aides, or homevisitors), be a
component of parent education and support groups, or be provided as part of a multi-service intervention (DePanfilis, 1996).
Network therapy, for example, uses the therapeutic relationship to help families develop
positive social networks and stresses the use of social networkmembers to support
recovery (Galanter, Dermatis, Keller, & Trujillo, 2002). Preliminary findings suggest
that participants may maintain abstinence when they havea supportive network (Galanter
et al., 2002).
Parenting skills interventions.Many families involved with child protective
services are mandated to attend parenting skills education and training (Barth et al.,
2005). While not universally needed, some parents affected by methamphetamine may
benefit from parenting skills interventions. Based on a review ofeffectiveness ofparent
training programsfor use with biological parents involved with child welfare services,
Barth et al. (2005) stress the need for tailored interventions for specific populations (e.g.,
age-specific, child or parent problem-specific, and population specific interventions).
Bringing together parents of children with disruptive behaviors problems in Multi-Family
Groups, shows somepromise for improving parenting skills and child behavioral
problems (McKay, Gonzales, Quinana, Kim, &Abdul-Adil, 1999). This approach may
be an appropriate alternative to traditional parenting classes which do not tend to focus on
the unique needs of children who have mental health or behavioral problems. Because of
the importance of understanding which parenting programs are most promising for
working with parents involved with the child welfare system, a review ofparenting skills
programs is among one of the first types ofinterventions reviewed by the California
Evidence Based Clearinghouse (2006).
Experts suggest that interventions to increase positive parenting behavior should be
selected on a “case-by-case basis” inorder to match parenting needs, child behavior
problems, and interventions (Barth et al., 2005, p. 368). Parenting programsdeveloped
for substance abusing families such as Focus on Family (FOF), have demonstrated lower
rates of druguse, more positive parenting, and lower rates of child behavioral problems
up to 24 months after participation when compared to a non-treatment group (SDRG,
2000).
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Interventions to address concrete needs. Parents who use methamphetamine
often have multiple needs beyond substance addiction (e.g.,employment, child care,
housing, employment, and medical care) (SAMHSA, 1999a). The multiple needs of
methamphetamine users may be related to the multiple problemsthey sometimes face
such as poverty, risk taking behaviors, and psychiatric disorders (Semple et al., 2004).
Therefore, SAMHSA recommends that substance abuse treatment beenhanced with the
availability of other servicessuch as mental and physical health care, housing assistance,
and job training. In addition, because a drug using life style may have taken resources
away froma parent meeting other basic needs, it is very important to respond to the
concrete needs of families for food, clothing, housing, etc. before family functioning
issues can be successfully addressed.
Child Focused Interventions
It is the role ofCPS to both reduce the risk of future maltreatment and to address the
effects of maltreatment on children, thereby enhancing the well-being of children. Living
with a methamphetamine using parent may result in a range of consequences for children
including problems with their physical and mental health, development, and social skills.
Interventions to address physical health & developmental needs

Because of
the serious health risks associated with methamphetamine exposure, a comprehensive
medical examination for children should be conducted to assess any effects of exposure
to drugs or toxic chemicals. Accidental ingestion or exposure may result in side-effects
for children including breathing difficulties, heart palpitations, vomiting, irritability and
agitation (Hohman, Oliver, & Wright, 2004). Ongoing medical care will likely be
necessary if toxic exposure has resulted in these symptoms.
Services for children may also be needed to address developmental delays. Since studies
of children of parents in substance abuse treatment reveal that children have high rates of
cognitive impairments (69%), speech and language delays (68%), emotional or behavior
problems (16%) and medical problems (83%) (Shulman, Shapira, & Hirshfield, 2000),
developmental evaluations of children of methamphetamine users are a necessary part of
any intervention. If specific delays are detected, then appropriate intervention and
treatment must be provided.
Services to address child mentalhealth and behavior problems. Children of
methamphetamine-addicted parents may suffer froma variety of psychosocial challenges
including aggression and anti-social behaviors in younger children and conduct disorders
in older children. These anti-social behaviors (including lying and stealing) may be
evident evenwhen children have been removed fromdrug using environments (Haight et
al., 2005). Both individual and group interventions may be used to model and rebuild
social skills to increase pro-social and decrease anti-social behavior.
Social skillsinterventionsprovided to children as part of parent training models or
delivered in child focused (individual or group) cognitive-behavioraltherapy has
consistently shown to be effective in helping children achievea range ofpositive
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outcomes such as decreasing aggressive and antisocial behaviors, increasing problem
solving and conflict management skills (Corcoran, 2000), and decreasing internalizing
and externalizing behaviors (Harrison, Boyle, & Farley, 1999).
Child-focused therapy, often conducted in school-based settings, can also help children
increase social competence, improve peer relations, and enhance problem solving skills
(DeMar, 1997). Individual or family focused therapy, such as Brief Strategic Family
Therapy, has also been shown to be effective in not only decreasing substance use in
adolescents, but decreasing behavior problems and increasing family functioning as well
(Austin, Macgowan, & Wagner, 2005).
Finally, Trauma-Focused Cognitive BehavioralTherapy (TF-DBT) has been identified
by SAMHSA as a model program. Children who have been exposed to traumatic life
events and receive TF-DBT may experience a reduction in depressivesymptoms,
oppositional defiant behaviors, and anxiety and experience positive increases in social
competency (SAMHSA-CSAP, 2005). Children exposed to maltreatment, drug abuse, or
criminal activity (and/or parent arrest) may benefit frominterventions that address PTSD
reactions as well as other mental health needs.
Summary and Conclusions
The ongoing CPS responsibility when working with methamphetamine affected families
is to control for safety, address the effects ofchild maltreatment and methamphetamine
use on children, and to implement change strategies that will help toincrease protective
factors and reduce risk factors for continued maltreatment. Assessments must address the
unique needs ofthese families and then the CPS worker must select interventions that
best match those needs in order to increase child safety and increase child and family
well-being. Whenever possible, interventionsshould be selected based on the best
available evidence of their effectiveness.
Interventions must be comprehensive, intensive, and long term in order to prevent
relapse, strengthen family functioning, and address seriouschild mental health and
behavioral consequences that may present as a result of parental use,abuse, or addiction
to methamphetamine. Because of the complex needs of these families, interdisciplinary
collaboration is required to manage changes in conditions and behaviors over time.
Safety should be continually assessed as relapse is common. Continued opportunities for
support should be available to reinforce and maintain the risk reduction process.
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Appendix:
FACTS about Methamphetamine and its effects on children and families
What is Methamphetamine?
Methamphetamine, also known by the street terms “speed”, “meth”, “crank”, or “crystal,”
is a stimulant drug that is produced either in a powder (similar to cocaine)or crystallized
form. Depending on the formof the drug, it can be snorted, injected, smoked, or
dissolved in water and swallowed. The crystallized form(also sometimes referred to as
“ice”) is thought to be more addictive and destructive, although all forms of the drug are
extremely addictive. Methamphetamine is asaddictive as cocaine, and the effects last
much longer (from6-8 hours after administration). Methamphetamine is usually
produced in small scale operations in homes, trailers, or abandoned buildings; these
locations are usually in isolated rural areas. Over the counter coldmedicines containing
pseudophedrine or ephedrine are the base ingredients with car starter fluid, fertilizer,
drain cleaner, hydrochloric acid, mercuric chloride, sodium hydroxide (lye) and a variety
of other toxic and highly explosive chemical solvents also included as ingredients in
methamphetamine “recipes” (NIDA, 2005).
Howextensive is the problem?
In 2003, 5.2% of adults in the U.S. had tried a formof methamphetamineat least once in
their lives (NIDA, 2005), and in 2004 1.4 million people over the age of 12 had used the
drug in the past year (SAMHSA, 2005); most users are young adults (18-34 years old).
Methamphetamine use grew substantially during the 1990’s; between 1993 and 2003,
treatment admissions increased by close to 600% (from21,000 to 117,000) (SAMHSA,
2005).Females in particular may initially use the drug to help withweight loss and to
increase energy (Brecht, O'Brien, Mayrhauser, & Anglin, 2004).
Howdoes the problem affectchildren and families?
Use of methamphetamine can be detrimental on individual users, their children, and
entire family systems.
•  Methamphetamine can be manufactured in homes where children live,
introducing the risk of exposure to toxins;
•  Use is associated with promiscuous sexual behavior, putting children at risk for
both pre-natal exposure and sexual exploitation;
•  Withdrawal can be characterized by long periods of sleep after binge use, leading
to lack of supervision of children; and,
•  The drug can lead to violent and paranoid sideeffects which may increase risk of
child maltreatment and threaten child safety.
Individual Effects
Individual effects impactthe entire bio-psycho-social systemof an individual.
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Effects of Methamphetamine Use on Individuals
•  Heightened energy and feelings of euphoria (NIDA, 2005);
•  Personality changes, violence, aggression and agitation (Maxwell, 2005);
•  Depression and anxiety (Cretzmeyer et al., 2003) especially with withdrawal
(NIDA, 2005);
•  Impairments to cognition, memory, and attention including ADHD (Maxwell,
2005; Simon et al., 2000);
•  Possible long-termdamage to neuroncells (NIDA, 2005; SAMHSA, 1999);
•  Increased risk for stroke and heart problems (Maxwell, 2005);
•  Dental problemscaused by dry mouth and grinding teeth (Brandjord, 2006);
•  Skin lesions (SAMHSA, 1999).
Effects on Children and Families
All of the individual effects listed above, in turn may impact the ability of the parent or
caregiver to meet the basic needs of children.
•  Exposure to environmental toxins (arsenic, lye, mercury, lead) during the
manufacture process, especially risky for young children (USDOJ, 2003).
•  Risks fromprenatal exposure including developmental and learning delays
(Rawson, Anglin, et al., 2002).
•  Exposure to sexualized behavior in adultsmay put children at risk for sexual
abuse.
•  Agitation and violent behavior associated with withdrawal may increase risk for
physical abuse.
•  Long periods of sleep after drug binges may lead to neglect of children’s basic
needs (Cretzmeyer et al., 2003; USDOJ, 2003).
•  Chronic drug use has long been associated with increased rates of child abuse and
neglect, inadequate nurturance, and increasedrates of associated problems such as
depression and violence which affectparenting and child development
(Zuckerman, 1994).
•  Compromises parenting support systems especially in small, isolated communities
(Haight et al., 2005).
•  Someestimates find that as many as 35% of methamphetamine labs are homes to
young children (CADEC).
What factors may protect against these negative impacts?
•  Temperament ofchild
•  Positive early childhood experiences
•  Positive andaccessible positive role modelswithin the extended family network
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•  Positive school experiences – school may be a refuge fromchaotic home
environment and allow opportunities for helping professionals to identify and
intervene with affected families and provide alternate role models (Haight et al.,
2005).
Drawing on factors thought to contribute tothese protective factors, while providing
effective interventions for the known effects of the methamphetamine culture on children,
may reduce the impact ofthis drug onchildren and families.
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DRUG ENDANGERED CHILDREN (DEC) STATEWIDE PROTOCOL Guidelines for Methamphetamine

ILLINOIS DEPARTMENT OF CHILDREN & FAMILY SERVICES
ILLINOIS STATE POLICE
ILLINOIS STATE BOARD OF EDUCATION
DRUG ENDANGERED CHILDREN (DEC) STATEWIDE PROTOCOL
Guidelines for Methamphetamine
January 2006
The following protocol is aimed at initiating a response system and a strategic plan
related to the combined interests of the Illinois Department of Children and Family
Services (DCFS), Law Enforcement agencies and the Illinois State Board of Education
(ISBE), as those interests focus on helping children who may have been endangered by
circumstances involving the illegal drug production of Methamphetamine. This
particular protocol is a statewide effortestablished to address these problems throughout
the State of Illinois. Law Enforcement, DCFS and ISBE have joined together in an effort
to implement strategies for the purpose of protecting children who have been discovered
in clandestine Methamphetamine drug production laboratories.
The goals of this protocol plan are aimed at outlining the Response System between Law
Enforcement, DCFS and ISBE. DCFS is requesting that Law Enforcement agencies
notify the State Central Register (SCR), commonly referred to as the child abuse hotline,
immediately after it has been determined that a child(ren) reside in the home with illegal
drug production. This notification fulfills Law Enforcement’s responsibility as mandated
reporters under the Abused and Neglected Child Reporting Act. This response system
will attempt to ensure that when Law Enforcement finds a situation wherein children
have had their safety compromised by an illegal drug production situation or
circumstance, a DCFS professional staff membershall be made available as quickly as
possible. DCFS and Law Enforcement will cooperate and assist each other (involving
ISBE where applicable) in making decisions regarding the needs of the child or children
who have had their safety endangered. The ultimate goal is meant to:
ƒ  Provide Law Enforcement investigators with a child welfare response system
that causes the needs of the involved children to be addressed quickly;
ƒ  Avoid any delays in the DCFS response that would interfere with important
child welfare outcomes aimed at ensuring child protection and safety;
ƒ  Promote a concurrent investigation between the Law Enforcement agencies
and the DCFS Child Protection system thatserves to protect the integrity of
the evidence needed for the dual outcomes of each investigative system; and
ƒ  Ensure that all affected children are enrolled in school.
1
Strategies, Expectations, and Concrete Efforts: The following encompasses the statewide
protocol:
1. In order to enhance Law Enforcement’s response to the safety of children, Law
Enforcement officers should file a hotline report with the Child Abuse Hotline
(SCR) priorto any planned interdiction whenthey have prior information
pertaining to the presence of children. This call should be made to the standard
hotline number 1-800-25 ABUSE (1-800-252-2873). If it is an emergency and
they are unable to immediately reach a call taker, an alternative number to the
hotline supervisor’s desk (1-217-782-6533) can be used. This notification need
not be specific regarding information that is deemed classified and could
compromise the integrity of the investigation, but will provide DCFS adequate,
albeit limited, information with which toplan for the needs of the children who
might be involved. Law Enforcement staff who make these Hotline reports prior
to any planned interdiction need to be aware of and sensitive to DCFS' 24 hour
mandated response to all accepted Hotline reports per the Abused and Neglected
Child Reporting Act. This prior information will facilitate DCFS’ ability to
identify sufficient staff and other resourcesin advance so that the various needs of
the children, Law Enforcement, and DCFS are best served. In addition, in order
to maximize the quick response of DCFS staff and to facilitate child safety, Law
Enforcement should call the DCFS designated contact person for their geographic
area in order to coordinate their seizure with the assigned DCFS investigator.
2. If DCFS receives a hotline report or discovers what appears to be a
methamphetamine lab or the residue of a lab in a home where children reside or
frequent, DCFS shall not remain at the scene but immediately exit the premises.
DCFS shall immediately contact Law Enforcement and, where applicable, the
area clandestine lab team. DCFS also will contact the hotline immediately after
its call to Law Enforcement and the clandestine lab team to make a report if there
is not currently an active DCFS investigation on the family. The DCFS
investigator also has the option of taking a child abuse report in the field and
reporting it to the hotline for documentation.
3. If Law Enforcement discovers a methamphetamine lab or the residue of a lab in a
home where children resideor frequently visit:
a)  If there is evidence that children resideat the location and they are either
present or likely to return in the near future, Law Enforcement should
contact the child abuse hotline (SCR) and make a report pursuant to
their responsibility as mandated reporters.Secondly, Law
Enforcement should contact the local DCFS DEC contact person (see
contact list) and request assistance.
b)  Law Enforcement should contact SCR and make a report if there is
evidence that children reside at the location;however, if children are
not present or not likely to return in the near future, then DCFS shall make
necessary follow-up.
2
c)  If there are children present at the site, then Law Enforcement should
immediately take protective custody ofthe children if necessary, call the
child abuse hotline and await DCFS’ arrival. Except for emergency
medical treatment, children must not beallowed to leave the site in the
custody of anyone but DCFS or Law Enforcement unless DCFS has
completed an authorized safety plan.
4. In the case of Law Enforcement reporting to the child abuse hotline (SCR) that
they have found a lab with children present or likely to be present, the DCFS
investigator shall respond to the scene immediately. The investigator shall
confirm that the hotline has been contactedby law enforcement. If the hotline has
not taken the report yet, the investigator has the option of taking a field report.
Law Enforcement should still be sure to complete the hotline report to SCR.
ƒ  All Drug Endangered Children cases must be reported to the local DCFS-
DEC contact person (see contact list) immediately. This will ensure that
proper tracking and coordination is maintained.
5. Consistent with Law Enforcement’s present responsibility to secure and process
crime scenes whenever there are joint investigations between DCFS and Law
Enforcement, Law Enforcement will continue to take the responsibility of
securing the crime scene for the purpose of evidence collection and preservation.
In addition to processing the lab:
a)  Law Enforcement should work with DCFS investigators to
ensure that evidence is gathered to substantiate both the
DCFS child protection investigation and law enforcement’s
criminal investigation. Particular attention should be paid
to ensuring there is sufficient evidence to determine:
1) child abuse
2) child neglect
3) child endangerment
4) any other child safety related investigation
b) DCFS shall work with law enforcement in identifying evidence which
would enhance the child protection investigation and help in substantiating
the criminal investigation.
c) Law Enforcement and DCFS shall complete their investigation in a
manner that will enhance both criminal prosecution and juvenile court
adjudication. This will include courtroom testimony in each other’s
proceedings and the exchange ofthe appropriate DCFS and Law
Enforcement reports.
6. If children are present at the scene, DCFS shall assess the safety of the children.
The DCFS investigator shall determine whether protective custody and placement
of the children is required and assure that the children are in a safe environment.
If the clandestine lab team, law enforcement officers, or appropriate first
responders determine that the childrenwere exposed to lab chemicals and
3
require decontamination, then DCFS shall arrange for medical evaluation of
the children in accordance with the medical protocol. If there are no children
at the scene, but children who had been at the scene and meet the criteria for a
DCFS report, then DCFS shall locate those children and determine their safety
and need for medical assessment after the hotline report is made to SCR.
7. DCFS shall follow the medical protocolfor children found at methamphetamine
lab sites (see medical protocol). DCFS will request assistance from Law
Enforcement as needed to meet the requirements of the medical protocol. If there
is any indication that the child(ren) may not or will not be enrolled in school,
DCFS shall notify ISBE as soon as possible and request assistance as needed from
ISBE to ensure that the children are enrolled in school. Drug Endangered
Children shall be enrolled in school under applicable laws which may include (a)
federal and state homelessness laws and/or (b) any appropriate residency
provision included in the Illinois School Code (such as105 ILCS 5/10-20.12b, 105
ILCS 5/14-1.11 or 105 ILCS 5/14-1.11a.)
8. At the initiation of the investigation, DCFS and Law Enforcement should consult
with one another to coordinate any interviews of children, witnesses or family
members that will need to be conducted jointly to ensure the integrity of the
investigation and to preserveevidence for court purposes.
9. If DCFS determines the case should bescreened with the State’s Attorney’s
Office for a neglect/abuse petition, DCFS shall screen the case. If Law
Enforcement determines that criminal charges will be filed, then Law
Enforcement should refer the case to the State’s Attorney’s Office for that
purpose.
10. If protective custody of a child who has been exposed to methamphetamine lab
chemicals is taken, the DCFS or private agency worker who makes the placement
shall provide a copy of the medical protocol to the foster parent/relative home
caregiver and advise them of the special follow-up needs of the child, and that the
caregiver should contact ISBE if he or she requires assistance in enrolling the
child in school. The child protection worker shall staff the case with the follow-up worker who will be receiving the case and provide him or her with a copy of
the medical protocol and advise him or her of the special follow-up needs of the
child.
11. Law Enforcement and DCFS should initiatethis protocol on matters that involve
actual or predicted child safety situations, and contact ISBE if deemed necessary.
This protocol is meant to assign and engage DCFS staff members and Law
Enforcement responders as partnersin the interdiction response.

Methamphetamine and Child Welfare

https://www.childwelfare.gov/systemwide/substance/drug_specific/meth.cfm

 

Find resources on the prevalence of methamphetamine use and its impact on children and families as well as strategies for treatment and response.

Spotlight On

Targeted Grants to Increase the Well-Being of, and to Improve the Permanency Outcomes for, Children Affected by Methamphetamine or Other Substance Abuse: First Annual Report to Congress
Children's Bureau, U.S. Department of Health and Human Services (2010)
Presents profiles of the 53 grantees and describes their program activities and accomplishments from October 2006 through July 2008. The report includes information on progress made in achieving the goals of the program, establishment of the performance indicators to assess the performance of the Regional Partnership Grants, and technical assistance activities carried out to support the grantees.

Statistics and the scope of the problem

Fighting Meth in America's Heartland: Assessing the Impact on Local Law Enforcement and Child Welfare Agencies
Subcommittee on Criminal Justice, Drug Policy, and Human Resources, Committee on Government Reform (2005)
Part of a series of hearings on the subject of methamphetamine trafficking and abuse, this session was held to determine what Federal, State, and local support systems are needed to effectively combat this drug. Includes statements from Federal agencies, national nonprofit organizations, and State and local child welfare agencies.

Methamphetamine: Background, Prevalence, and Federal Drug Control Policies
Congressional Research Service (2007)
Analyzes trends in methamphetamine use and the efforts to control its use and production.

The Methamphetamine-Related Cost of Child Maltreatment and Foster Careexternal link (PDF - 885 KB)
Nicosia, Pacula, Kilmer, Lundberg, & Chiesa (2009)
In The Economic Cost of Methamphetamine Use in the United States, 2005
Calculates government costs associated with removing children from the home because of meth use, and gives estimates of medical, mental health, and quality-of-life costs for child victims.

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Responding to and treating methamphetamine use

Clandestine Methamphetamine Labs (PDF - 792 KB)
Office of Community Oriented Policing Services (2nd ed.) (2006)
Offers questions to help communities analyze their local methamphetamine problem and reviews responses to the problem and what is known from evaluative research and practice.

Drug Courts: An Effective Strategy for Communities Facing Methamphetamine (PDF - 441 KB)
Bureau of Justice Assistance, U.S. Department of Justice (2005)
Presents drug courts as the primary tool for fighting methamphetamine addiction and trafficking and helping children who are exposed to meth use by providing them with health-care, educational, and child protective services.

Meth and Child Welfare: Promising Solutions for Children, Their Parents, and Grandparentsexternal link (PDF - 2570 KB)
Generations United (2006)
This report identifies promising strategies to prevent meth use, keep children safe, and help parents with addictions complete treatment. It also offers recommendations for national changes in policy, funding and practice to improve the child welfare system's ability to combat the impact of meth.

Methamphetamine Prevention Education: Extension Responds to a National Issueexternal link
Astroth & Vogel
Journal of Extension, 46(5), 2008
Describes a range of research-based programs and materials developed in Montana to combat rising meth use and offers lessons learned to help other States address meth use, production, and awareness.

Ongoing Child Protective Services (CPS) With Methamphetamine Using Families: Implementing Promising Practicesexternal link (PDF - 144 KB)
National Resource Center for Child Protective Services (2006)
Information on promising or acceptable interventions that may be useful once methamphetamine use by a caregiver has been identified.

Prevalence and Treatment of Methamphetamine Dependence: Implications for Women and Childrenexternal link (PDF - 311 KB)
Amatetti, Gallagher, & Young
The Source: Newsletter of the National Abandoned Infants Assistance Resource Center, 15(1), 2006
Explains the Matrix Model for treating methamphetamine users which uses a non-confrontational treatment approach that focuses on current issues and behavior change.

Safety Intervention During CPS Intake With Methamphetamine-Using Caregivers: Gathering Information and Responding to CPS Referrals Which Include Possible Methamphetamine Useexternal link (PDF - 146 KB)
National Resource Center for Child Protective Services (2005)
Includes a discussion of how to make intake decisions and screening decisions, sample questions for information gathering during intake, considerations for response time, safety threshold criteria, and information on worker safety.

Safety Intervention in Methamphetamine Using Families: A Practice Guide for Safety Decision Making and Safety Management in Child Protective Servicesexternal link (PDF - 57 KB)
National Resource Center for Child Protective Services (2005)
Discusses a number of issues related methamphetamine use in families and strategies for intervention.

Safety Management With Methamphetamine-Using Caregiversexternal link (PDF - 149 KB)
National Resource Center for Child Protective Services (2004)
Discusses identifying and assessing safety threats in the initial assessment of families involved in methamphetamine use, including criteria for identifying present danger and impending danger, and key steps for managing safety threats.

Treatment Improvement Protocol (TIP) Series 33: Treatment for Stimulant Use Disorders
Rawson (1999)
In SAMSHA/CSAT Treatment Improvement Protocols
Provides practice guidelines for the treatment of stimulant use disorders, including the use of methamphetamines.

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Additional information on methamphetamines and child welfare

Methamphetamine
National Institute on Drug Abuse, U.S. Department of Health & Human Services
An overview of the drug, including street names, effects, usage, prevention, and treatment, as well as summaries of research findings.

Methamphetamine: The Child Welfare Impact and Response — Conference Proceedings
Children's Bureau (HHS), Child Care Bureau (HHS), & Center for Substance Abuse Treatment (SAMHSA) (2006) Proceedings from the May 2006 conference on methamphetamines and the impact of the drug on children and families.

Meth Recovery Resourcesexternal link
Comprehensive resource from the Federal Government for States, counties, cities, and communities about issues associated with the use of methamphetamines.

National Center on Substance Abuse and Child Welfare (NCSACW)
A service of the U.S. Department of Health & Human Services' Substance Abuse and Mental Health Services Administration and the Children's Bureau, NCSACW works to develop knowledge and provide technical assistance to Federal, State, and local agencies and tribes to improve outcomes for families with substance use disorders in the child welfare and family court systems.

Drug Endangered Children
Office of National Drug Control Policy
Describes risks to Drug Endangered Children and activities initiated by the Federal Government to protect children who reside in or visit methamphetamine labs. Includes sample protocols for staff training.

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State and local examples

Child Welfare Learning Resources Related to Methamphetamineexternal link
North Carolina Division of Social Services
Training Matters, 6(2), 2005
Links to information about child welfare training and policy, and additional resources related to methamphetamines.

Drug Endangered Children (DEC) Statewide Protocol: Guidelines for Methamphetamineexternal link (PDF - 36 KB)
Illinois Department of Children and Family Services, Illinois State Police, & Illinois State Board of Education (2006)
Emphasizes the importance of interagency collaboration in responding to methamphetamine by providing protocols for a response system between law enforcement, child welfare, and the education system.

Kansas Methamphetamine Prevention Projectexternal link
Shawnee Regional Prevention and Recovery Services
Includes materials for use in the community, information on trainings, prevention strategies, and a section of resources on drug endangered children.

Meth and Family-Centered Child Welfare Practiceexternal link
North Carolina Division of Social Services
Children's Services Practice Notes, 10(2), 2005
Special issue includes articles describing the impact of family methamphetamine use and production on children, risk factors for child maltreatment, recognizing meth labs, and more.

MethNet
Illinois Attorney General's Office
Discusses how to recognize and combat methamphetamine use, reviews the prevalence of methamphetamine in Illinois, and provides information on legislation and available community resources in the State.

Nebraska CHEM-L Protocol: Children Exposed to Methamphetamine Laboratoriesexternal link
High Intensity Drug Traffic Area Planning Committee (2004)
Protocol and forms for gathering information and evidence, assessing medical needs, and sharing information following children's exposure to methamphetamine labs.

Poison, Problem, and Perspective Revisitedexternal link (PDF - 175 KB)
Kelly (2007)
Examines the impact of methamphetamine on the Arkansas child welfare system, including information on new policies implemented by the State to improve the identification, engagement, and treatment of families affected by substance abuse.

Three-Year Methamphetamine Grant Coming to a Close: Northern Counties Share Lessons Learnedexternal link (PDF - 2013 KB)
Brooks
Reaching Out, 2010
Highlights success stories from the Northern California Regional Partnership funded to promote collaboration and service coordination among child welfare, alcohol and other drug treatment services, and the courts.

What Foster Parents Need to Know About Methamphetamineexternal link.
North Carolina Division of Social Services
Fostering Perspectives, 9(2), 2005
Discusses the basics of methamphetamine use, its effects on children and families, and the State's response.

Recognizing Signs of Child Neglect and Abuse

http://voices.yahoo.com/recognizing-signs-child-neglect-abuse-3321814.html?cat=25

Dawn Hawkins, Yahoo! Contributor Network

Many of us don't make a habit of looking for signs of an abused or neglected child. We think of all parents as those that take good care of their young. Because we can't imagine abuse doesn't mean that others don't do it. It is an unfortunate fact that children are abused and neglected every single day. It is up to the rest of the world to put a stop to it. In order to do that you must be able to recognize the signs.

Here are some of the signs of child abuse and neglect:

Obvious Signs

Children get bruises from everyday playing situations. This can also mean that they are being abused. Pay attention to whether the child often has unexplainable bruises or cuts. This is the most obvious way to tell if a child is being abused. It is also one of the most overlooked signs. People assume that the child is clumsy and gets hurt a lot because of it. This is a dangerous myth and must be dispelled. Although bumps and bruises do occur, when they occur often, something is generally wrong.

Dirty

Children who are neglected will often be unkempt and dirty. This can happen just because the child was playing but if it happens on a regular basis, such as when the child starts school in the morning, there is probably a neglect or abuse problem. His/her parents don't take the time to make sure the child has a bath or takes care of themselves.

Withdrawal

If a child is very withdrawn, such as not being interactive with other children, it could be a sign of abuse or neglect. Children who are suffering these situations often have low self-esteem. This causes him or her to be withdrawn from others.

Secretive

Children are natural talkers. They will tell nearly everything that goes on in their homes. If a child is very secretive about their home life, there is probably an issue that they fear being released. Abused or neglected children are often told not to tell anyone about what happened. They can also be threatened in order to ensure they won't talk. That is why they are secretive about their home life.

Acting Out

Abused or neglected children don't really know how to handle their situation. They wish that someone would save them but they aren't allowed to talk about it. This leads to a great deal of anger that is being held in. The child eventually releases the anger on innocent people around them. They become behavior problems. What may really be happening is that the child is being abused or neglected. It is a scream for help but one that no one understands or catches onto.

Abused and neglected children need the adults around them to recognize the signs. They can't do anything about what is happening to them. They are helpless but you are not. Make the difference on a child's life and learn how to recognize the signs and take steps to stop it from happening.

Child Abuse in Criminal Law

http://voices.yahoo.com/child-abuse-criminal-law-93830.html?cat=17

Steve Thompson, Yahoo! Contributor Network

Child abuse is a problem which affects every city, county and state in the U.S., and Child Protective Services (CPS) have offices all over the country which accept more than 2 million reports of suspected child abuse each year. Out of those reports, nearly 900,000 children are found to be victims of child abuse each year.

Child abuse can be mental, emotional or physical in nature, and is not always immediately recognizable. Thousands of child abuse instances go unreported each year because very few people are trained in recognizing the subtle signs of child abuse. It is estimated that nearly 60% of child abuse cases involve charges of neglect, which is a consistently increasing problem in families below the poverty line in America.

U.S. courts do not have much sympathy for child abusers, and the penalties can be significant. Parents, especially, who subject their children to child abuse on a daily basis face prison time, fines and the loss of their children. Foster homes and adoption agencies are full of children who have been removed from their homes as a result of the discovery of child abuse.

Professionals - such as teachers, counselors and day care owners - who are in daily contact with many different children are encouraged to watch closely for signs of child abuse. Children who have new bruises and cuts every day invoke an immediate red flag, but children who act out or who seem depressed should also be watched carefully.

Another problem with child abuse is that it is often difficult for either CPS or the courts to draw the fine line between discipline and abuse. At one time, it was expected for parents to spank their children, often with paddles or even sticks. Now, even a light tap on the bottom can send neighbors and family members screaming to CPS. And unfortunately, many cases that are investigated by CPS do not warrant further action even if child abuse is occurring in the home.

Anyone who is concerned about a child's welfare is encouraged to call the police or CPS and to file a formal report about the abuse. There are anonymous tip hotlines in most major U.S. cities so that crimes of child abuse can be reported. Once child abuse is suspected, CPS will launch a formal investigation into the child's welfare. Parents will be questioned, the home might be searched and teachers and other adults will be questioned at length.

In some states, child abuse is quantified by degrees, just as murder and theft are also categorized by degrees. First degree child abuse involves the loss of life, which will usually be combined with a murder charge. For example, a parent who does not feed his or her children might be charged with first degree child abuse if the child dies from malnutrition. This problem is also prevalent in cases where mothers have what psychologists call Munchausen's syndrome by proxy, which is a psychological disease in which mothers inflict physical injuries on their children for the purpose of gaining sympathetic attention. Approximately 30% of children whose mothers have Munchausen's syndrome eventually die.

Child abuse should be reported immediately if discovered and charges should be pressed against the abuser. Parents who are concerned about their child's safety at school should also take the issue to CPS.

Child Protective Services and the Sixth Amendment to the US Constitution

http://voices.yahoo.com/child-protective-services-sixth-amendment-2744288.html

 

The United States of America's citizens have a Bill of Rights granted to us in the US Constitution. Of these rights, I've regularly written about violations, such as my articles where many public school districts require children and parents to waive their Fourth Amendment rights in order to receive a free public education.

Today, I want to tackle the US Sixth Amendment and Child Protective Services. First, let me start with the Sixth Amendment. Many of you probably know this as the 'Right to a speedy trial amendment'. However, there is much more to the Sixth Amendment than that.

Let's look at the text first: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."

The part I want to focus on in this article is the bolded part that reads: "... to be confronted with the witnesses against him..."

Child Protective Services Procedure

There are many ways a report of alleged child abuse can occur. The only proper way is for the person suspecting the abuse to notify local law enforcement officers and let them investigate the crime. If the law enforcement officer believes there is enough evidence a crime has occurred, that officer can bring in Child Protective Services to offer services to the family.

Unfortunately, it usually happens the other way around. Generally, people report child abuse directly to CPS, and more often than not, they use the toll-free anonymous hotlines. The problem with anything that is 'anonymous' is that anyone, for any reason (including nefarious reasons) can report a suspicion of alleged abuse.

How Anonymous CPS Hotlines Circumvent the Sixth Amendment Rights

The Sixth Amendment provides that people have a right to face their accuser. In the instance of a CPS anonymous telephone report, there is no ability to face an accuser. CPS will use whatever information gathered in the hotline report to conduct their investigation, and any evidence found against the alleged perpetrator of child abuse or neglect is offered to the courts.

How this circumvents the Sixth Amendment is by letting CPS do the investigation, they are then using what is found in the investigation as the evidence against the alleged perpetrator, thus making CPS the accuser instead of the anonymous tipster.

CPS Doesn't Have the Right to Investigate

This is where knowing your rights becomes so very important. CPS does not have the right to investigate a family or children based on an anonymous CPS hotline phone call. They can attempt to perform an investigation, and if the parents or legal guardian allow them to by consenting to the investigation, they can use anything they gather or see during the investigation against the accused.

However, if all CPS has to go on is an anonymous phone call placed to a CPS hotline, and the parent or legal guardian refuses to cooperate, the only things CPS can do at that point is call law enforcement, get a court order (without evidence, this is tough) or close the case uninvestigated. This is true even when the tipster is not anonymous, because anything the tipster says to CPS is hearsay until investigated or proven by some other means, and that other means is usually found during the investigation that isn't required to happen.

Hearsay Is Inadmissible in Court

Because the accused has a right to confront their accuser, as provided in the Sixth Amendment, hearsay is not admissible in court. Therefore, CPS cannot use information gained from a CPS hotline call as evidence in court for 'probable cause' to get an order to enter a home or remove a child.

You Can Give Up Your Rights

CPS will not tell you the legalese of the pamphlets and brochures they give you, but it comes down to this: you don't have to let them in your home, you don't have to let them talk to your child, and you do not have to cooperate with a CPS investigation.

You do, however, have to cooperate with a police investigation. This is usually how CPS intimidates parents into cooperating. They will show up at your door with a police officer and ask to be let in to discuss things with you. Your response at that point should be, "I would be happy to comply, if you have a court order. Do you have an order to enter my home and search it and speak to my child?"

If their answer is, "No," your response should be: "I'm sorry, then. I cannot let you enter. Thank you." Then close the door. A police officer might come with them, but that officer knows as well as you should that he can't force his way into your home. He's there for their safety and for the intimidation factor the gun and badge and uniforms brings for the social worker with CPS.

If I'm Not Guilty...

Many people wonder why they should refuse an investigation with CPS if they know they aren't guilty. Many mistakenly assume that if they aren't doing anything wrong, nothing bad can happen to them. There are entire websites and programs and groups dedicated to the very fact that CPS can indeed find something wrong if they want to find it, even if the child is not abused or neglected.

It is in CPS's best interests to find something wrong with your household. They get paid for it if they do. If you refuse investigation by CPS, they will have no choice but to get law enforcement involved and go before a judge to get a court order.

The courts know that unless there is physical evidence to show justifiable cause that a crime of child abuse or neglect has occurred, they cannot allow CPS or law enforcement to enter your home (that's your Fourth Amendment right). The courts also know that if the only evidence CPS has is a phone call to a hotline reporting alleged abuse, that is not enough evidence to issue a court order to come into your home.

If you don't allow CPS into your home, they cannot gather evidence to use against you in a court case, and thus, you maintain your Sixth Amendment rights to face your accuser (in this case the caller/reporter of alleged abuse). Because CPS can't reveal the person, or the person refuses to reveal themselves, CPS has no choice but to close the case and leave you alone.

Protect Your Rights but Be Calm and Professional

An accusation of child abuse is stressful and frustrating at best. Please try not to take it personally, even though it might feel personal to you. CPS employees are only doing their jobs, and some of the workers do still believe they are doing the right thing and protecting children. Remember, even the employees of CPS are victims of the system for which they work. However, they do know what your rights are, and they will try to circumvent those rights as much as possible in order to do their jobs. It's not personal to most of them; it's just a job.

Stand your ground. Invoke your rights. Tell them you are not guilty, but you also know your legal rights and you choose to invoke them. If it makes you feel better, and you can afford it, contact an attorney. CPS doesn't like when attorneys get involved, because they know they have to watch their steps and actually follow the law.

Be firm, but be polite when you turn CPS away from your door. Never raise your voice, never get angry or show anger toward the social worker from CPS, and never threaten them in such a way that they can claim evidence of abuse.

The law is on your side, and it's actually on the side of your children too, if you know how to take advantage of your legal rights and require they are enforced.

Not Condoning Abuse

Please know that I do not in any way condone child abuse and that I'm not trying to say that people who abuse children should not be severely punished and the children protected. What I am saying is that law enforcement is better trained and equipped to deal with allegations and investigations of abuse than a social worker for CPS is, and that law enforcement knows how to handle evidence so that evidence is all admissible in court, so that real abusers don't walk away on a technicality. If you see abuse, don't be afraid to report it immediately to protect that precious child, but be sure to report it to the right agency - law enforcement!

Arizona Revised Statutes - Title 8 Children - Section 8-802 Child protective services worker; fingerprint clearance cards; powers and duties; alteration of files; violation; classification

http://law.onecle.com/arizona/children/8-802.html

 

8-802. Child protective services worker; fingerprint clearance cards; powers and duties; alteration of files; violation; classification

A. The department of economic security shall employ child protective services workers. All persons who are employed as child protective services workers shall have a valid fingerprint clearance card that is issued pursuant to section 41-1758.07 or shall apply for a fingerprint clearance card within seven working days of employment. A child protective services worker shall certify on forms that are provided by the department of economic security and that are notarized whether the worker is awaiting trial on or has ever been convicted of any of the criminal offenses listed in section 41-1758.07, subsections B and C in this state or similar offenses in another state or jurisdiction.

B. The department may cooperate with county agencies and community social services agencies to achieve the purposes of this chapter.

C. A child protective services worker shall:

1. Promote the safety and protection of children.

2. Accept, screen and assess reports of abuse or neglect:

(a) Pursuant to section 8-817.

(b) In level I residential treatment centers or in level II or level III behavioral health residential agencies that are licensed by the department of health services.

3. Receive reports of dependent, abused or abandoned children and be prepared to provide temporary foster care for these children on a twenty-four hour basis.

4. Receive from any source oral or written information regarding a child who may be in need of protective services. A worker shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:

(a) The child initiates contact with the worker.

(b) The child who is interviewed is the subject of or is the sibling of or living with the child who is the subject of an abuse or abandonment investigation pursuant to paragraph 5, subdivision (b) of this subsection.

(c) The interview is conducted pursuant to the terms of the protocols established pursuant to section 8-817.

5. After the receipt of any report or information pursuant to paragraph 2, 3 or 4 of this subsection, immediately do both of the following:

(a) Notify the municipal or county law enforcement agency.

(b) Make a prompt and thorough investigation of the nature, extent and cause of any condition that would tend to support or refute the allegation that the child should be adjudicated dependent and the name, age and condition of other children in the home. A criminal conduct allegation shall be investigated according to the protocols established pursuant to section 8-817 with the appropriate municipal or county law enforcement agency as provided in section 8-817.

6. Take a child into temporary custody as provided in section 8-821. Law enforcement officers shall cooperate with the department to remove a child from the custody of the child's parents, guardian or custodian when necessary.

7. After investigation, evaluate conditions created by the parents, guardian or custodian that would support or refute the allegation that the child should be adjudicated dependent. The child protective services worker shall then determine whether any child is in need of protective services.

8. Offer to the family of any child who is found to be a child in need of protective services those services that are designed to correct unresolved problems that would indicate a reason to adjudicate the child dependent.

9. Submit a written report of the worker's investigation to:

(a) The department's case management information system within a reasonable time period that does not exceed forty-five days after receipt of the initial information except as provided in section 8-811. If the investigation involves allegations regarding a child who at the time of the alleged incident was in the custody of a child welfare agency licensed by the department of economic security under this title, a copy of the report and any additional investigative or other related reports shall be provided to the board of directors of the agency or to the administrative head of the agency unless the incident is alleged to have been committed by the person. The department shall excise all information with regard to the identity of the source of the reports.

(b) The appropriate court forty-eight hours before a dependency hearing pursuant to a petition of dependency or within twenty-one days after a petition of dependency is filed, whichever is earlier. On receipt of the report the court shall make the report available to all parties and counsel.

10. Accept a child into voluntary placement pursuant to section 8-806.

11. Make a good faith effort to promptly obtain and abide by court orders that restrict or deny custody, visitation or contact by a parent or other person in the home with the child. As part of the good faith effort, the child protective services worker shall ask the parent, guardian or custodian under investigation if a current court order exists.

D. A child shall not remain in temporary custody for a period exceeding seventy-two hours, excluding Saturdays, Sundays and holidays, unless a dependency petition is filed. If a petition is not filed and the child is released to the child's parent, guardian or custodian, the worker shall file a report of removal with the central registry within seventy-two hours of the child's release. The report shall include:

1. The dates of previous referrals, investigations or temporary custody.

2. The dates on which other children in the family have been taken into temporary custody.

E. The department shall provide child protective services workers who investigate allegations of abuse and neglect with training in forensic interviewing and processes, the protocols established pursuant to section 8-817 and relevant law enforcement procedures. All child protective services workers shall be trained in their duty to protect the legal rights of children and families from the time of the initial contact through treatment. The training shall include knowledge of a child's rights as a victim of crime. The training for child protective services workers shall also include instruction on the legal rights of parents and the requirements for legal search and seizure by law enforcement officers.

F. In conducting an investigation pursuant to this section, if the worker is made aware that an allegation of abuse or neglect may also have been made in another state, the worker shall contact the appropriate agency in that state to attempt to determine the outcome of any investigation of that allegation.

G. Any person who alters a client file for the purpose of fraud or misrepresentation is guilty of a class 2 misdemeanor.

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Last modified: February 19, 2012

2 boys who ran away from Mesa group home are found

Posted: Dec 27, 2012 2:12 PM Updated: Dec 27, 2012 3:08 PM

MESA, Ariz. (AP) - Authorities say two Chandler brothers reported missing from a group home in Mesa have been located and now are in the custody of state Child Protective Services.

Mesa police say 10-year-old Jairo Perez and 14-year-old Miguel Miranda were found Thursday afternoon.

Authorities say the boys' mother had been arrested by Chandler police Saturday night on suspicion of trespassing and contributing to the delinquency of a minor.

She's identified as 36-year-old Jessica Montano.

The brothers were placed in the home by CPS and police say the two boys ran away Sunday morning after going to play basketball.

Police didn't immediately know if Montano has an attorney yet.

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.tucsonnewsnow.com/story/20435221/2-boys-who-ran-away-from-mesa-group-home-are-found

Phoenix woman accused of DUI with children in car

http://www.tucsonnewsnow.com/story/20437113/phoenix-woman-accused-of-dui-with-children-in-car

Posted: Dec 27, 2012 7:52 PM Updated: Dec 27, 2012 7:52 PM

PHOENIX (AP) - A Phoenix woman is in custody for allegedly driving drunk, leaving the scene of an accident and endangering her three children.

Phoenix police say 35-year-old Brianna Railing was arrested Sunday night near the Loop 101 in Scottsdale.

The Arizona Republic (http://bit.ly/RkNkla) reports that when police arrived, Railing's 13-year-old daughter told officers her mother left the scene with her 7-year-old and 9-year-old siblings by accepting a ride from a friend.

Police say they called Railing at her home in Phoenix and told her to return to the scene.

Railing allegedly told police she had been drinking before she got into the vehicle that night.

Police say Railing failed a preliminary breath test with a blood-alcohol level of .157%. That's well above the state's legal limit of .08%.

Information from: The Arizona Republic, http://www.azcentral.com

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Foster parents push for vaccination rule change

Posted: Dec 28, 2012 10:08 AM Updated: Dec 28, 2012 10:08 AM

PHOENIX (AP) - A group of parents barred from adopting or fostering kids in Arizona's child-welfare system because they won't vaccinate their own children are pushing for chances in state law.

Susann Van Tienderen and Gina Apilado say the state violates its own rules by refusing to consider potential foster families whose biological children have medical exemptions from immunization rules. Both women's families want to adopt children from Arizona foster care.

Sen. Nancy Barto and Rep. Debbie Lesko met with Department of Economic Security officials this month and say they're drafting companion bills to introduce during the upcoming session.

The DES says the rules are meant to protect foster children who may not be completely immunized.

The legislation eliminates the vaccination requirement as a licensing condition to become a foster parent.

Information from: The Arizona Republic, http://www.azcentral.com

Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

http://www.tucsonnewsnow.com/story/20440783/foster-parents-push-for-vaccination-rule-change