Policy Text
Policy
323Fremont Police Department
Drug Endangered Children
323.1 PURPOSE AND SCOPE
The Fremont Police Department is committed to ensure the safety and protection of drug
endangered children and to ensure that juveniles encountered in drug environments, or in homes
where drugs are being used or manufactured, are cared for appropriately. The purpose of this
policy is to improve communication and coordination of activities between the Fremont Police
Department and other county agencies and entities responsible for intervention and response.
It is the policy of the Fremont Police Department to adopt and implement the guidelines laid out in
the Alameda County Drug Endangered Children (DEC) Protocol, as encouraged per Penal Code
§ 13879.80.
323.2 DEFINITIONS AND ACRONYMS
CALICO - Child Abuse Listening, Interviewing, and COordination center.
Child Welfare Worker (CWW) - An employee of the Department of Children and Family Services.
DCFS - Alameda County Department of Children and Family Services; often referred to as Child
Protective Services (CPS) or social services.
Drug Endangered Children (DEC) - Children found in a drug environment, suspected of exposure
to, or potential exposure to, illegal drugs.
EMS - Emergency Medical Services.
323.3 PROCEDURES
DEC case categories - Children encountered during drug investigations or in drug environments
shall be assessed and categorized as follows:
(a)Level I
1.Children living in settings where clandestine drug manufacturing labs are present
(indicated by the presence of a functioning lab, a "box lab," or the existence of
precursor chemicals), and/or
2.Children who show signs or symptoms of ingestion or intoxication, or who are
known to have ingested an illegal drug.
(b)Level 2
1.Children living in settings involving the use, possession, selling or transportation
of drugs, as long as the children show no sign of ingestion or harm.
(c)Level 3
1.Children whose toxicology screen at birth is positive for a controlled substance.
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323.4 ROLES AND RESPONSIBILITIES
(a)The Investigations Unit supervisor should:
1.Work with professionals from the appropriate agencies, including CPS, other
law enforcement agencies, medical service providers and local prosecutors
to develop community specific procedures for responding to situations where
there are children endangered by exposure to methamphetamine labs or the
manufacture and trafficking of other drugs.
2.Activate any available interagency response when an officer notifies the
Investigations Unit supervisor that the officer has responded to a drug lab or
other narcotics crime scene where a child is present or where evidence indicates
that a child lives there.
3.Develop a report format or checklist for use when officers respond to drug labs
or other narcotics crime scenes. The checklist will help officers document the
environmental, medical, social and other conditions that may affect the child.
(b)Law enforcement responsibilities - Level 1 and Level 2
1.Investigating Fremont police officers and/or detectives are responsible for the
investigation of both the traditional drug case where drug endangered children
are found, as well as, any related violations involving the children, such as Penal
Code §§ 273a(a) and (b), and Health and Safety Code § 11379.7.
2.Investigating officers and/or detectives are responsible for all related evidence
collection, including but not limited to, statements, photos, measurements,
collection of contraband, medical reports, etc.
3.Investigating officers and/or detectives must notify CPS via the Hotline
(510-259-1800) as soon as is reasonably possible, so that CPS, if staffing
permits, may send a Child Welfare Worker who may assist law enforcement with
the coordination of medical screening, removal of the children from the home,
transportation, etc.
4.Once the determination has been made that the case falls under the DEC
protocols, investigating officers and/or detectives should consult with CPS on
whether to take temporary custody of the child per Welfare and Institutions Code
§ 300.
5.In cases where a child is left unattended, or where both parents or guardians
are being arrested, or where a parent or guardian cannot be located, law
enforcement should notify CPS and remove the child per Welfare and Institutions
Code § 300.
6.In cases where both parents or guardians are present at the scene and one
parent or guardian is being detained but another is not, law enforcement will, at
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a minimum, consult with CPS by phoning the Hotline in regards to the release
of the children to the available parent or guardian, or to a non-custodial parent
before leaving the scene.
(c)The investigating officer and/or detective should ensure that, if appropriate, a medical
assessment is completed.
1.In Level 1 cases, officers/detectives should call EMS to respond to the scene for
an immediate medical assessment. The children should then be transported by
ambulance to Children's Hospital in Oakland, if possible. If EMS determines that
more immediate medical care is necessary, the children should be transported
via ambulance to the nearest emergency room.
2.In Level 2 cases, investigating officers/detectives should consult with CPS
to determine if a medical clearance is necessary, prior to transport to the
Assessment Center. If so, efforts should be made to have the medical