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A. CHILDREN IN THE PRESENCE OF A METHAMPHETAMINE LABORATORY AT THE TIME OF FIRST CONTACT
B. CHILDREN NOT FOUND IN THE PRESENCE OF A METHAMPHETAMINE LABORATORY AT THE TIME OF FIRST CONTACT
Upon acceptance of a CPS report which includes a methamphetamine laboratory, the county DSS must cooperate with the law enforcement agency or agencies in planning any initial contact. Social Workers should not respond to a suspected laboratory site without the presence of law enforcement, preferably a DEA certified officer. All methamphetamine laboratory reports require law enforcement assistance regardless of whether they are suspected or confirmed. When advance notice is possible, the social worker responding to the scene should attend the law enforcement briefing held prior to responding to the suspected or confirmed laboratory site. The social worker should document any reasons for delay in initiating the CPS Assessment.
Please be aware that one social worker may not be able to do everything that needs to be completed at the initial contact in a CPS Assessment regarding Drug Endangered Children. While one social worker may be assigned to the referral, it is highly recommended that a team be assigned to assist with the initial response. This is so that someone is available to interview the children and /or their caregivers, file Juvenile petitions or Non-Secure Custody Orders if needed, assist with the possible decontamination and care of the children, get food for the children, etc.
North Carolina General Statutes mandate that all reports of suspected abuse be initiated immediately, but no less than 24 hours. All neglect reports shall be initiated within 72 hours. Initiation is defined as having face to face contact with all of the alleged victim child(ren). If Social Workers are not able to meet mandated time frames for initiation because of coordinating with law enforcement, that information must be documented in the record. Documentation shall reflect to whom the social worker spoke with from law enforcement and the reason for the delay in initiating the referral. Documentation shall reflect that the social worker spoke with the social work supervisor regarding the delay in initiating the CPS Assessment.
The assigned social worker(s) shall meet or arrive with (not before) law enforcement at the suspected laboratory site. The social worker(s) shall identify themselves to all agencies that have responded to the scene. The local law enforcement agency is responsible for taking the lead at the laboratory site. At no time shall county DSS staff enter a methamphetamine laboratory location during this process.
Law enforcement should be responsible for securing the area, gathering physical evidence, and removing the children if they are in the home at the time of the initial contact. The social worker shall obtain information concerning the general conditions of the home from law enforcement’s photos and observations. Law enforcement should be responsible for documenting what chemicals were found in the home. Please refer to the Drug Endangered Children Protocol: Exposure Record (DSS-5259) for suggested documentation of these chemicals. At this point, the information obtained from law enforcement and others at the scene shall be used to complete the Safety Assessment with the parents/caretakers.
If a local mental health and/or substance abuse services provider responds to the scene, they should be responsible for assessing the children’s current state of mind and assessing for substance abuse regarding the parents/caretakers. The DSS social worker should coordinate with the local mental health / substance abuse services provider to obtain the results of their assessments. This information should also be included in the Structured Decision Making Tools.
If there is a confirmed laboratory with children present, the children may need to go through a decontamination process facilitated by law enforcement, EMS or other public health agency staff, as assessed by the on-scene responders. Please refer to the Protocol for Field Assessment to Determine Need For On-Scene Decontamination Prior To Transport (DSS-5258) for a suggested documentation of the need to decontaminate. As a first responder team member, EMS should be available to evaluate the children’s immediate medical needs and transport the children to the hospital for emergency medical treatment.
The social worker(s) shall assume the primary role with respect to any children at the scene once law enforcement has removed them from the presence of the methamphetamine laboratory. The social worker(s) shall remain with the children through the completion of the medical assessment until all children are in an appropriate placement. An appropriate placement may include a parent that was not involved with the methamphetamine laboratory, a relative or kinship placement or a licensed placement.
Facilitating an immediate medical assessment may include gathering the children’s medical history, and transporting the children and the parent (not involved in the methamphetamine production) or the Safety Resource to the primary physician’s office, health department, or hospital, if ambulance transportation is not required. The social worker should begin gathering health and medical information for the child on the Child Health Status Component (DSS-5243) at the initial contact and complete the form as soon as possible but within 48 hours. DSS staff should be aware that this examination may take several hours and the children may need to be fed. Therefore, the social worker should arrive at the scene prepared with baby formula, snacks, money for food and / or vending machines, etc. based on the age of the children involved. Pampers, baby wipes, etc. may also need to be readily available for use by the social worker.
The children shall be assessed by a physician for any immediate health or safety concerns. The physician shall screen the children for drug and chemical exposure to receive any necessary treatment and gather evidence. This screening may include but is not limited to obtaining a urine sample within 2 but no later than 4 hours, taking the children’s vital signs, liver and kidney functioning tests, baseline electrolytes, CBC, pediatric physical exam, etc. Any test run for forensic purposes must follow the chain of evidence procedures required by law enforcement. When requesting laboratory results regarding the levels of methamphetamine in children, the social worker should remind laboratory staff that any evidence of methamphetamine (even trace amounts) should be reported. Industrial levels should not be used in evaluating children’s exposure to methamphetamine. Please refer to the Drug Endangered Children Protocol: Initial Medical Assessment (DSS-5256) for the form to be completed by the physician during the medical assessment
Be aware that if the county DSS does not hold custody, the social worker cannot give permission or sign for medical treatment for the children. If a parent/caretaker is not available to give consent for the required medical evaluation, then the parent must give the Safety Resource consent to sign for medical treatment. This consent for medical treatment and evaluation can be added to the Safety Assessment with the parents/caretakers’ signatures. N.C.G.S. § 90-21.1 gives physicians the authority to treat minors without the parent’s permission in certain situations. If the parents/caretakers refuse to give the Safety Resource consent, DSS may file a petition to ask the Court’s permission for medical treatment or file a Juvenile Petition and a Non-Secure Custody Order to assume custody of the child. If necessary, the county DSS staff may assume temporary custody of the children under N.C.G.S. § 7B-500 and N.C.G.S. § 7B-501. If legal custody is assumed, the social worker(s) shall complete all necessary legal paperwork and file the Juvenile Petition and Order for Non-Secure Custody Court as needed (for additional information on this process, please refer to Family Services Manual Volume I; Chapter X – The Juvenile Court and Child Welfare).
When the children are removed from the laboratory site, none of their belongings may be removed from the home and taken with them to their new placement. The only exception to this can be any necessary medication or medical equipment that can be decontaminated by wiping off with soap and hot water. The county DSS may consider having items such as bottles, blankets, teddy bears, pacifiers, diapers, snacks, juices, formula, children’s books, toys, toothbrushes, hairbrushes, pajamas, and other necessary clothing in all sizes, etc. available to replace some of the children’s belongings. DSS may also consider having shoe protectors, latex gloves, and disposable wipes available for the social workers’ safety.
If media arrives at the scene, county DSS staff should be mindful of the children and their exposure to the cameras and reporters. If at all possible, the children should be protected from media exposure.
The social worker(s) shall also be responsible for initiating a CPS Assessment according to policy outlined in Family Services Manual Volume 1; Chapter VIII; Section 1408 – Investigative and Family Assessments and locating safe housing for the children. Locating safe housing may include completing a North Carolina Safety Assessment (DSS-5231) with the parents at the scene of the laboratory or in the jail and a Kinship Care Initial Assessment (DSS-5203) on the home the children will be going to or assuming legal custody and placing the children in foster care.
If children are found at a property that has been used for the production of methamphetamines, the children must not be permitted to remain at, or return to that property prior to its decontamination. N.C.G.S. § 130A-284, effective January 1, 2005 states:
For the protection of the public health, the Commission shall adopt rules establishing decontamination standards to ensure that certain property is reasonably safe for habitation. An owner, lessee, operator or other person in control of a residence or place of business or any structure appurtenant to a residence or place of business, and who has knowledge that the property has been used for the manufacture of methamphetamine, shall comply with these rules. The contaminated property shall not be occupied prior to decontamination of the property in accordance with these rules.
County DSS staff shall provide the person assuming care of the children with a description of what the child has been exposed to, any medical treatment the child has received, any follow up appointments the child has, instructions for avoiding contamination, observing the child for symptoms that require medical care and the name and number of whom to call if the caregiver has concerns. Refer to the Drug Endangered Children Protocol: Placement Guidelines (DSS-5257) for additional information and for a form that provides the placement provider with all necessary information.
If there is not a confirmed laboratory on the property, the worker(s) shall continue with the CPS Assessment based on any other allegations of abuse, neglect or dependency that may have been alleged in the referral as outlined in Family Services Manual Volume 1; Chapter VIII; Section 1408 – Investigative and Family Assessments.
If the children are not in the home at the time of the initial contact, the worker(s) will locate them and assess their health, safety, and well-being. The children may not need to be decontaminated if they have been out of the home for 72-hours, but they will need to be examined by their physician. If the children are at school, the risk is minimal that they may have contaminated other children or school personnel because most of the chemicals dissipate in the air once the child is out of the area where the laboratory is located.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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