Annual Report
Arizona Alliance for Drug Endangered
Children Program (DEC)

Submitted by:
Office of the Arizona Attorney General

December 1, 2004
For more information Contact:
Mark Evans
Assistant Attorney General
602-542-8431
Mark.Evans@azag.gov
http://www.azag.gov/DEC

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2004 Drug Endangered Children Program Annual Report
Executive Summary
Five year-old Michael (not his real name) was found during a meth lab raid living among
spoiled food, filth and trash and wearing only a t-shirt, no shoes, underwear or pants.
The young child was known to play near the shed containing a working meth lab and
had been present when meth was being smoked. The CPS investigator on the scene
learned the child’s caretakers were not his biological parents but that his birth mother
had “given” Michael to this couple at three months of age. Michael had not had any
further contact with his birth mother in over four years. Michael was placed in an
emergency shelter and then moved into a foster home. The both defendants are
currently serving a prison term having pled guilty to Child Abuse and Attempted
Manufacture of Dangerous Drugs, both Class 3 felonies. Michael’s foster parents have
initiated adoption proceedings.
In calendar year 2003, a total of 112 meth lab seizures were made in Arizona,
generating 163 arrests. The total number of dependent children found on the scene was
93. In its fourth year of operation, the Drug Endangered Children Program (DEC) has
continued to effectively address the needs of children found within these meth lab
environments and to prosecute those responsible. Funding provided by the Governor’s
Office of Children, Youth and Families and the assistance of collaborative partners have
allowed the Attorney General’s Office to complete the following key accomplishments.
Prosecution
Between October 1, 2003 and September 30, 2004, the Attorney General’s Office
opened a total of twenty-eight (28) Drug Endangered Children cases including a total of
fifty-three (53) children. A total of 1,263 meth lab related seizures have occurred
throughout Arizona since the DEC program was established in 2000 through
September, 2004. These seizures have resulted in the Attorney General’s prosecution
of 120 cases involving a total of 256 drug endangered children.
Program Expansion
Throughout the past year, the Arizona Attorney General’s Office, in cooperation with our
collaborative partners, provided technical assistance and DEC training to agencies
serving Pinal County. County Attorney Carter Olsen provided the leadership role in
convening the partner agencies with Pinal County becoming the first county outside of
Maricopa to fully develop and implement its own DEC Program. The Pinal DEC
protocol effectively utilizes the resources found within the County including the new
Family Advocacy Center.
DEC Training
From October 1, 2003 through September 30, 2004, 1,297 individuals attended DEC training
sessions including a full overview of the DEC Protocol. In addition, an overview of the DEC

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Program was provided to members of several Native American Communities, the Arizona
Chapter of the American Academy of Pediatrics, and attendees at the Prevent Child Abuse
Conference. The Attorney General’s Office welcomes the opportunity to present the DEC

Program to agencies involved in the welfare of children and addressing the issue of
child abuse.
Program Materials
A short video was created to provide an overview of the Arizona Drug Endangered
Children Program. Through distribution of these videos, the Attorney General’s office
can expand efforts to bring this information to law enforcement, CPS, medical
professionals, fire departments, and environmental professionals.
Additional
information relating to drug endangered children, the DEC Program and
methamphetamine is now available on the Attorney General’s website at
www.azag.gov/DEC.

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2004 Drug Endangered Children Program Annual Report
Purpose of the Drug Endangered Children Program (DEC)
To promote interdisciplinary intervention on behalf of children who have been exposed to
methamphetamine or its precursor chemicals as a result of residing, or being taken into, a
home-based clandestine drug laboratory or other drug endangered environment.
Background
The Arizona DEC Program was established in 2000 to address the problems associated with
meth production in homes where children are present. Methamphetamine, or meth, is the
number one illegal drug contributing to violent crime in Arizona. The increasing production of
meth in home-based drug labs confront Arizona with a unique set of problems that other illegal
drugs have never before presented. The chemicals used to manufacture meth, the production
process, and the waste generated as a result of that process pose very real and serious
dangers to the public and the environment. These dangers include toxic poisoning, chemical
and thermal burns, fires, and explosions. The children who live in and around meth labs are at
the greatest risk of harm due to their developmental nature, the abuse and neglect perpetrated
on them by their caretakers and the many others who frequent their drug-laden homes, and
their inability to protect themselves.
The DEC Program and Task Force developed a multidisciplinary team approach to ensure that
agencies involved in seizing clandestine methamphetamine laboratories have immediate access
to qualified personnel who can respond immediately to the potential health needs of any
children who are present or living at the site. The protocol includes procedures for taking
children into protective custody and arranging for protective services, immediately testing them
for methamphetamine exposure, conducting medical and mental health assessments, and
ensuring short-and long term care and follow up. A coordinated, multidisciplinary team
approach is critical to ensure that the needs of child victims are met and that adequate
information is available to prosecute drug and child abuse cases successfully.
The DEC Program has coordinated and improved the efforts of local law enforcement, Child
Protective Services (CPS), medical professionals, fire departments, and environmental
professionals, family advocacy centers, and the Attorney General’s Office to respond to meth
labs where children are present, and to prosecute those responsible. Building on its success in
Maricopa County, the DEC Program is being expanded throughout Arizona through training and
technical assistance. Pinal County has developed and implemented a DEC program which
effectively utilizes the resources available within Pinal County.
Within Maricopa County, the collaborating agencies include:
„
„
„
„
„
„
„
„

Arizona Attorney General’s Office
Maricopa County Sheriff’s Office/HITDTA Clandestine Lab Task Force
Arizona Department of Public Safety Crime Lab
Local law enforcement agencies
Department of Economic Security - Child Protective Services
Childhelp Child Advocacy Center
St. Joseph’s Child Abuse Assessment Center
Fire Departments

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Clandestine Lab Activity in Arizona
2003
„ A total of 178 meth lab related seizures were made in Arizona, generating 163 arrests.
„ A total of 93 children were found to be living in or near these meth environments.
„ Disposal costs for gross contamination associated with the 178 meth lab discoveries
was approximately $239,744.

Methamphetamine Lab Seizures in Arizona by County in 2003 Total = 178
Source: Maricopa County Sheriff’s Office, HIDTA

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Lab Activity Summary

Table 1. Summary of Meth Lab and DEC Statistics by Calendar Year
Calendar Year

2000

2001

2002

2003

2004 to
date*

Total to
date

Meth lab related seizures

376

326

297

178

86

1263

Meth labs seized

80

293

239

112

69

793

Number of adults arrested

476

396

348

163

106

1489

Number of children
rescued:
Total for State
Maricopa County Only

82
62

75
55

72
36

93
63

40
34

362
250

$1,572,335

$1,221,126

$760,068

$239,744

$47,795

$3,841,069

28
58

22
48

25
55

23
53

22
42

120
256

Disposal costs
Cases prosecuted
# of Victims

*Reflects data through the end of the grant year at 9/30/04.
Sources: DEA, HIDTA Task Force

Effects of Meth and Other Illegal Drug Manufacturing on Children
Children face a host of hazards when there’s meth or a meth lab in their home. Exposure to this
environment, and associated toxic chemicals, poses serious dangers to children including
„ death or injury from fire or explosions resulting from flammable materials in
home-based labs;
„ risk of acute health problems including upper respiratory symptoms, headaches,
nausea, dermatologic problems, or chemical burns;
„ risk of long-term adverse health outcomes, including asthma, neurological
problems, or cancers;
„ risk of physical and/or sexual abuse or neglect;
„ developmental, emotional and behavioral problems,
„ lack of proper care giving, nutrition or adequate medical care; and
„ risk of ingestion or inhalation of methamphetamine or other drugs, or the
chemicals involved in their production.

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Figure 1 – Precursor Chemicals

Pseudoephedrine, iodine tincture, and
peroxide.

Figure 2 – Lab Components

Dangerous to children: Toxic lab
waste in juice and soda bottles, Red
Devil Lye, and other hazardous
chemicals.

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Arizona DEC Cases
Data from the DEC cases collected since 2000 was reviewed in association with DES/CPS
District I case data and Criminal Prosecution data from the Attorney General. This data review
reflects the following findings:
„ The Attorney General has handled 120 prosecutions involving 256 child victims from
2000 to September 2004.
„ CPS took 81% (218) of the children into temporary custody at the crime scene.
„ 12.7% of children initially tested positive for toxicity, 54% negative and 16% (could not
test).
„ 25.7% of children received 30 day follow up testing.
„ At September 30, 2004, the Arizona Attorney General had 29 criminal cases including
60 children in process or pending prosecution.

Training
The Attorney General’s Office and members of the DEC Task Force provide a formalized
training curriculum to CPS investigators, law enforcement officers, medical professionals,
behavioral health professionals and prosecuting attorneys. The training components include:
„ Interdisciplinary Investigative Protocol
„ Prosecuting Child Abuse and Drug Crimes
„ Parallel Proceedings
„ Criminal
„ Civil
„ Environmental Remediation
„ Medical issues surrounding children present in meth labs.

Technical Assistance
In addition to training, the Drug Endangered Children Program offers technical assistance to
individual state, county and municipal jurisdictions to facilitate the development and
implementation of a Multidisciplinary DEC protocol which best meets the specific needs of the
county. Available throughout the implementation process, technical assistance may include
training as described above, facilitation of local DEC team formation, and assistance with
incorporation of the DEC protocol into existing agency procedures.
Existing Legislation Supporting the Drug Endangered Children Program
Child Abuse:
In July 2000 the child abuse statute was expanded to add a provision that provides a
presumption of endangerment when children and vulnerable adults are found in drug
endangered situations. This addition to Arizona law means if a child or vulnerable adult does not
test positive for the presence of methamphetamines in his/her system, the nonpresence of
methamphetamines does not negate the fact that the situation itself is inherently dangerous.

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A.R.S. § 13.-3623(C) provides: For the purposes of subsections A and B of this section, the
terms endangered and abuse include but are not limited to circumstances in which a child or
vulnerable adult is permitted to enter or remain in any structure or vehicle in which volatile, toxic
or flammable chemicals are found or equipment is possessed by any person for the purpose of
manufacturing a dangerous drug in violation of A.R.S. § 13-3407, subsection A. paragraph 4
Child Abuse and Vulnerable Adult.
Environmental Remediation:
On July 1, 2003, the Clandestine Drug Lab Cleanup laws took effect. A.R.S. § 12-900; 12-1000;
and 12-1001 came in response to the high costs of methamphetamine and the safety concerns
of the residual contamination present at these labs. The new laws require the cleanup of
methamphetamine labs and set up a process for law enforcement to remove all persons form
the property where the lab was discovered. Law enforcement must post notice on the property
requiring the owner to arrange for the cleanup of residual contamination through a certified drug
laboratory site remediation firm. The property owner is obligated for the costs of the
remediation even if the owner was not involved with the methamphetamine lab.
Further, it is unlawful for any unauthorized person to enter the residually contaminated portion of
the real property, space rental mobile home, or recreational vehicle park, until the owner,
landlord, or manager establishes that the portion of the real property has been cleaned by a
certified “Drug Laboratory Site Remediation Firm.” If the owner fails to provide any notice
required by this section, the owner is subject to a civil penalty. Any buyer, tenant, or customer
may have legal relief from a purchase contract, rental agreement, or other agreement.
Once the MCSO/HIDTA Task Force has posted the property it becomes a Class 6 Felony to
violate this section. It is also a Class 2 Misdemeanor to remove the posted warning from the
contaminated portion of the real property until such time as a “Drug Laboratory Site
Remediation Firm” has completed remediation.
For future legislation, the Attorney General’s Office is considering the propriety of the following:
„ Amend 13-3623 A. to eliminate “having the care or custody of a child or vulnerable adult”
section.
„ This amendment would result in more prosecutions of drug lab cases where children are
present on child abuse grounds without having to establish care and custody relationship

DEC Objective
The primary focus of the DEC Task Force has focused on Methamphetamine Lab cases in
Maricopa County. In FY 2005, emphasis will be placed on expansion of the Arizona DEC
Program model developed in Maricopa County to the state’s remaining 14 counties. The
expansion plan will include training and technical assistance to teams of law enforcement, CPS
staff and health professionals utilizing Arizona’s 14 Child Advocacy Centers. As a result of
meetings and discussions, an optimal level of coordination and support is available from DESCPS at the state level to move forward with statewide expansion.

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Accomplishments
Key accomplishments for the Arizona DEC Program in FY 2004 include:
„ Formalized Multidisciplinary Protocol and began state-wide implementation.
„ Pinal County completed the development and implementation of a DEC Protocol tailored
to meet the needs and resources of Pinal County.
„ Development of a DEC Protocol for Yuma County began through technical assistance
meetings including representatives from CPS District IV, Amberly’s Place Child
Advocacy Center, County Attorney’s Office, and local law enforcement agencies.
„ As a result of House Bill 2024, the Attorney General’s office collaborated with the
Interagency Council of the Maricopa County Children’s Justice Project to incorporate the
DEC Protocol into the Maricopa County Multidisciplinary Protocol for Investigation of
Child Abuse Cases.
„ Completed the production and began distribution of a Drug Endangered Children
Program informative video. This video provides information about the DEC program and
the serious nature of drug endangered children. Statewide distribution is planned to law
enforcement agencies, child protective services, family advocacy centers, medical
professionals, and county attorneys.
„ Completed
development
of
the
Drug
Endangered
Children
website
(www.azag.gov/DEC) containing information on meth, meth labs, current articles and
statistics, forming a DEC program and a link to the Multidisciplinary Protocol.
„ In collaboration with the Arizona Arts Community, the DEC program poster was created
and now serves as effective depiction of the children served by the DEC program.
„ Substance abuse content section included in Attorney General’s Web Page for Kids
implemented in October 2003 (www.agaz.gov/ChildrensPage).
„ From October 1, 2003 through September 30, 2004, 1,297 individuals attended DEC
training sessions.
„ Represented Arizona delegation at the Inaugural National Drug Endangered Children
Conference in Denver presented by the National Alliance for Drug Endangered Children.
„ The DEC Prosecutor attended MCSO Clandestine Drug Lab Safety Training Course and
Certification (5 day training course), COPS Methamphetamine Conference and HIPPA
Training.
„ In partnership with the National Alliance for Drug Endangered Children, Arizona DEC
Task Force representatives have provided technical assistance and training throughout
the United States.
„ Provided technical assistance to other states and to countries developing drug
endangered children programs and those addressing the prevalence of precursor
chemicals. In Spring 2004, representatives from the DEC program presented the

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program and protocol to the Solicitor General of Alberta Canada and to members of the
Royal Canadian Mounted Police. The Australian Crime Commission (ACC) National
Congress on the Diversion of Precursor Chemicals has identified the Arizona DEC
program as a model of the multi-disciplinary approach. The DEC program was featured
within the ACC’s Annual National Conference in the Fall of 2004.
Funding
Funding for the Drug Endangered Children Program has been provided by a grant from the
Governor’s Office for Substance Abuse Policy. The source of this funding is the Federal
Drug-Free and Safe Schools Act. An Interagency Service Agreement (ISA) covering the
grant period October 1, 2004 through September 30, 2005 in the amount of $189,587 will
fund a prosecutor, part time program manager, legal assistant and related program
expenses. Additional administrative support for the DEC Program is provided by the
Criminal and Drug Units and the Executive Office of the Attorney General.

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