The document outlines South Carolina's Drug Endangered Children Guidelines. It discusses the need for a multidisciplinary approach to ensure the safety and well-being of children found in drug environments. The guidelines provide procedures for coordinated response by law enforcement, medical professionals, DSS and others to investigate the scene, assess and care for the children, and pursue legal action against caregivers when appropriate. Identifying and protecting drug endangered children is important to prevent long-term physical, emotional and developmental harm and reduce costs to taxpayers for medical care.

1. South Carolina Drug EndangeredSouth Carolina Drug Endangered
Children GuidelinesChildren Guidelines
(SCDEC Guidelines)(SCDEC Guidelines)
Candice A. Lively, J.D.Candice A. Lively, J.D.
Children’s Law CenterChildren’s Law Center
U.S.C. School of LawU.S.C. School of Law
candicelively@sc.educandicelively@sc.edu

2. Objectives
1. Learn the recently adopted 2014 SCDEC
Guidelines.
2. Understand the need for a multidisciplinary
approach to ensure best outcomes for DEC.
3. Implement the guidelines to avoid traumatic
outcomes for DEC.

3. How Does it Work?
1. Coordinate agencies and personnel that may not normally
work together
2. Ensure the safety of all involved (responders, child)
3. Respond to the danger presented to the child
(investigation, medical assessment)
4. Prepare for care of the child upon removal

4. Support for the Guidelines by S.C. State Agencies:
• U.S. Attorney
• S.C. Attorney General
• DHEC
• SLED
• SCDPS
• SCDSS
• U.S.C. Children’s Law Center
• S.C. Solicitor’s Assoc.
• S.C. Comm. on Prosecution
Coordination
• S.C. Police Chief’s
• S.C. Sheriff’s Association
• S.C. Firefighter’s Assoc.
• SOVA
• SCCVC
• SCNCAC
• USC School of Medicine
• S.C. American Academy of
Pediatrics
• S.C. Assoc. of Fire Chiefs
• S.C. EMS
• MUSC
• S.C. DAODAS

5. S.C. Alliance for DEC
• In April 2014, S.C. became the 26th
state in the U.S.
to join the National Alliance for Drug Endangered
Children
• Greenville has a satellite DEC team who focuses on
neonatal abstinence syndrome – prenatal drug
exposed babies
• Michelle Greco, leader for the Greenville site
– Greenville Health Systems, Children’s Hospital
Children’s Advocacy Dept.

6. Why should you care?
• 9.2 million children in the U.S. live in homes
where a parent or other adult uses illicit drugs
What does that mean for a child?
- 3 times more likely to be verbally, physically or
sexually abused
- 4 times more likely to be neglected
Source: National Center on Addiction & Substance Abuse at Columbia University

7. ONE FOSTER PARENT OBSERVATION
• “The children had nothing. No games, no
photos, no favorite blanket or stuffed animal.
All their possessions were contaminated, and
therefore destroyed. They were hosed-down
by emergency workers to wash away the toxic
remnants of their home in rural western
North Carolina, a home that doubled as a
methamphetamine lab.”

8. What is a DEC?
DRUG ENDANGERED CHILD, DEFINED
•A drug endangered child (hereinafter DEC) is a
child (under 18), who lives in or is exposed to an
environment where drugs are used, possessed, etc.
and, as a result of that environment:

9. DEC cont….
• at risk of experiencing or being exposed to:
A) physical, sexual or emotional abuse;
B) medical, educational, or physical harm or neglect;
C) harm from the inhalation, ingestion, or absorption
of illegal drugs or access to illegally possessed
prescription drugs;
D) intimate partner violence or CDV;
E) access to weapons;

10. DEC cont….
F) The child is forced to participate in illegal or
sexual activity, including but not limited to human
trafficking, prostitution, and child pornography, of
that minor in exchange for drugs or money, likely
to be used to purchase drugs.

11. There are 4 stages to the Guidelines
1. Pre-Response
Usually only LE and Fire HAZMAT
2. Responding to the Scene
First responders: EMS, DSS, LEVA, Fire, etc.
3. Medical Assessments
Identifies need for immediate care, drug testing and follow
up treatment to monitor progress of child
4. Implementation of the Guidelines
Training, involvement of all disciplines, continued updates
to ensure best practices

12. LAW ENFORCEMENT PRE-RESPONSE
• Determine if children will be present
– Find out if the targets in the home have DSS history
– Find out if children are in school
• Notify DSS to be on standby
• Obtain Search Warrants
• Assign one LE officer or LEVA as having primary
responsibility for the safety of children on scene

13. What Could Happen?“Toddler badly burned by police device during
Georgia drug raid”
-19 month old badly burned by a “flash bang”
grenade during a raid.
-Undercover had purchased meth from drug suspect
at the house and police returned for a “no-knock”
raid.
-”All the information we had was there were no
children in the house” Sheriff stmt. to media.
May 30, 2014: Atlanta, GA. ©Thomson Reuters

14. LAW ENFORCEMENT RESPONSE
• Take the lead on the scene
• Notify DSS immediately if children present
• Protect those children
• In a Meth lab environment the presumption is the
children are in imminent danger, therefore, always
EPC (See S.C. Code §63-7-620)
• Notify EMS, HAZMAT/FD to handle
decontamination of children
– Children cannot go with DSS or EMS to hospital until
decontaminated.

15. SECTION 63-7-620 EPC(A) A law enforcement officer may take emergency
protective custody of a child without the consent of the
child's parents, guardians, or others exercising temporary
or permanent control over the child if:
(1) the officer has probable cause to believe that by reason
of abuse or neglect the child's life, health, or physical
safety is in substantial and imminent danger if the child is
not taken into emergency protective custody

16. Collection of EvidencePhotograph or videotape the location.
When making a visual record of the location, pay special
attention to chemicals, drug paraphernalia and weapons w/in
a child’s reach (e.g., in or near the kitchen, bedrooms,
playrooms, floors).
Photograph or videotape the children.
Record the general condition of children to show evidence of
abuse, neglect, contamination, or other injury.
-Children will physically heal and improve quickly
once removed from this environment

17. Statement from ChildrenInterview children – Children’s Advocacy Centers
As soon as possible (usually within 48 hours), by referring to a Children’s
Advocacy Center (hereinafter CAC) for a forensic interview.
– This provides a child friendly environment for children who may
have been traumatized from the event;
– Minimizes the number of interviews the children will have to give
– Provides audio/video record of the children’s statement close in
time to the event
•Most CACs have emergency spots available to work these children in
upon request

18. DEC Listed as VictimsDEC as victims. If PC exists & the children were
exposed to and/or living in the drug environment
then:
1. Always list these children as victims on the incident
report and all subsequent incident reports;
2. Test children for drugs and LE shall collect this
evidence and seek additional charges against the
caregivers for Unlawful Conduct/Neglect of a child S.C. Code
§63-5-70;
3. Observe forensic interview of children at CAC for
further evidence of crimes witnessed by them.

19. What if Children not on Scene?
• Still document proof that children live there
• Determine where the children are and get them to
safety
• Assess need for decontamination even if not on
scene
• DSS to be involved to seek follow up medical care
and assessment for these child(ren)

20. S.C. STATUTES TO USE
§63-5-70§63-5-70 – Unlawful Conduct towards a Child.
(0-10 years, central registry of abuse)
§63-5-80§63-5-80 – Cruelty to Children (0-30 days)
§§44-53-37844-53-378 - Exposing child to Meth
§16-17-490§16-17-490 -Contributing to the Delinquency of a
Minor (0-3)

21. SECTION 63-5-70.Unlawful conduct towards a
child
• It is unlawful for a parent/guardian to place the
child at unreasonable risk of harm affecting the
child’s life, safety, physical or mental health.
• Also requires parent/guardian be placed on the
Central Registry of Abuse/Neglect

22. S.C. CODE §63-7-1690 - JAIDON’S LAW
When the conditions justifying removal under § 63-7-1660 include the
addiction of the parent or abuse by the parent of controlled substances,
the court may require:
(1) complete a drug/trmt program before return of the child;
(2) any other adult person in the home abusing drugs/alcohol & whose
conduct has contributed to the parent's addiction or abuse of drugs or
alcohol to successfully complete a treatment program before return of
the child; and
(3) the parent or other adult, or both, identified in item (2) to submit to
random testing for drugs & to be alcohol or drug free for a period of
time to be determined by the court before return of the child; random
drug testing and clean before case will be closed.

23. Who was Jaidon?
• 22 month old boy who was treated with retinal
hemorrhaging and a fractured skull while in the
care of his drug abusing caregivers;
• Put in foster care for 10 months - thrived
• Family Court eventually returned Jaidon to his
father. 2 weeks later, while in the care of his
father and grandmother, he was dead from an
overdose of hydrocodone – an opiate that was
prescribed to the grandmother.

24. S.C. Code §63-7-1660
• (F)(1) It is presumed that a newborn child is an
abused or neglected child as defined in Section 63-
7-20 and that the child cannot be protected from
further harm without being removed from the
custody of the mother upon proof that:
(a) a blood or urine test of the child at birth or a
blood or urine test of the mother at birth shows the
presence of any amount of a controlled substance
or a metabolite of a controlled substance…

25. DSS POLICYDSS POLICY
• The agency should pursue removal of children from
a home where:
– a. parents’ use or abuse of or dependence on alcohol
and/or other drugs and/or any other factors
• such as domestic violence or mental health, leads to
endangering the safety of the child and
– b. there is no other protective caregiver in the home or
otherwise available.

26. Child Protective Services – DSS
Guideline Response
• Follow LE lead in the case
• Identify appropriate placements for children
– Relative placements must be screened and told about
hazards of exposure to meth
– Foster care placements must be informed about caring
for a child exposed to meth
• Gather clothing and comfort items for children
– Children cannot leave with items in the home/lab

27. Where does the Child go after the EPC
Once law enforcement has taken custody of
the child and assuming no medical attention is
needed, the child will be placed in DSS
custody to find alternative care or placement
If medical attention is needed the child is
transported by EMS to a medical facility
Foster home (alternative placement)
Other family member

28. Medical Response and Treatment
Highlights for the non-medical professional:
1. There are potentially significant medical issues
that need to be checked out.
2. Urine collection is important: within 6 hours is
preferred, but no later than 12 hours.
3. Follow up is important on physical and
developmental issues – especially on children
removed from meth labs.

29. Medical Assessment
•Medical professionals need to be trained by other
medical professionals.
•Medical professionals need to be aware of effects
on children resulting from exposure to hazardous
chemicals
–Cognitive effects
–Emotional
–Behavioral
•Possible to use this as evidence in a trial if lab is
forensically reliable

30. Medical Professionals
• The law allows you as an expert in the field to rely
on hearsay evidence to render your opinion in
court. SCRE Rule 703
• Why is this important?
– You can rely on drug test results to provide your
opinion as to exposure of the child
– You can rely on all medical history of the child along
with current assessment to draw a conclusion as to
effects on child

31. Why is identifying a DEC so
important?

32. Costs to Taxpayers
Data in S.C. taken from 2010-2012 :
•Average Hospital charges for baby in NICU with
NAS was $106,000.00 per case
•80% of those cases were funded by Medicaid
•Average stay for NAS was 13.9 days
Thanks to Dr. Jennifer Hudson, Greenville Health Systems, for data provided

33. PRENATAL IMPACTS
• Meth-exposed infants are SIX TIMES more likely
to be born with birth defects such as
-spina bifida
-intestinal abnormalities
-skeletal abnormalities (such as club foot)

34. Children Exposed Can Suffer:• Respiratory problems
• Delayed speech and language skills
• Elevated risk for kidney problems and leukemia
• Malnourishment
• Poor school performance/attendance problems
• Isolation
• Lack of immunizations and medical care
• Poor dental health
• Hyperactivity and attention deficit disorders
• Obesity
• Developmental problems
• Violent behavior
• Drug usage
• Lack of boundaries/easy attachment to strangers
PHYSICAL,
MEDICAL &/OR
EMOTIONAL
NEGLECT

35. Child Endangerment
• Chemical contamination includes
– Inhale or swallow toxic substances or smoke
– Accidental injection or skin prick
– Absorb meth and/or chemicals through skin

36. WHAT STILL NEEDS TO BE DONE?
• AWARENESS OF PROBLEM AND PROVIDE
RESOURCES FOR RESPONDERS
• CONTINUED COOPERATION BETWEEN THE
ENDORSING AGENCIES TO COLLABORATE IN
RESPONSE
• EDUCATION, PREVENTION AND TREATMENT

37. QUESTIONS??
Candice A. Lively, J.D.
1600 Hampton St. Suite 502
Columbia, SC 29208
candicelively@sc.edu
www.childlaw.sc.edu