Colorado has legalized marijuana, and attitudes about how to best address drug use issues are shifting nationally. In the midst of these reforms, it is perhaps unsurprising that traditional drug war proponents are pursuing alternatives to continue the prohibition of marijuana and other drug use, this time targeting families and drug-using parents.
Last week, legislation to define “drug-endangerment” of children was introduced in the state Senate by Democratic Sens. Andy Kerr and Linda Newell. Senate Bill 178 proposes utilizing social service agencies and child protective services as a guise to criminalize and stigmatize parents.
Current child abuse and neglect statutes already outline endangerment as resulting from any substance or situation. So the real question is why such a distinction is necessary at all. Not only is the proposed language overly broad, but it also will lead to unnecessary and harmful investigations into private homes without any concrete evidence of abuse or neglect — a clear overreach of state power.
Within the proposal, the mere attempted use or possession of illicit substances accompanied by the presumption of harm — not necessarily evidence of neglect — is grounds for a claim of endangerment. Considering exaggerated, inaccurate stereotypes about the harms of drugs, this definition will prompt potentially baseless, traumatizing family separations resulting in the removal of kids from families without actual evidence.
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According to the Substance Abuse and Mental Health Services Administration, 82 percent of substance users in 2012 did not display signs of dependency or abuse of illicit substances. Even in cases where people might be classified as drug dependent or abusing, this does not necessarily equal neglect. People who use drugs are capable of being loving, caring and responsible parents. The state should base determinations of parental capability on indicators beyond substance use.
Typically, child abuse and neglect cases are handled in civil courts. Criminal action against parents is rare and reserved for only the most egregious cases. While these civil proceedings can be traumatizing for both children and parents, determinations of neglect have nothing to do with the legality or illegality of a situation. The Colorado proposal, however, makes amendments to both the civil “children’s code” (Title 19) and to the criminal code (Title 18), creating a new vector for law enforcement to criminalize drug use and possession by linking social services and the criminal justice system.
From the perspective of health and social service providers, this proposal will create barriers for substance-using parents to access sensitive, non-judgmental treatment. Under the criminal child abuse statute, traditional doctor/patient confidentiality is not honored, a particularly harrowing prospect for drug-using parents who seek treatment. It also will broaden the mandatory obligation of professionals such as doctors, teachers and coaches to report child endangerment to child protective services, instigating unfounded investigations into homes.
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And, as is the case with most drug-related enforcement efforts in America, it is likely there will be a disparate impact within communities of color and low-income communities.
I fully support and understand protections for child welfare, safety and health. I also recognize that the current civil code already provides such protections without stigmatizing, isolating, and criminalizing those who merely use or possess drugs, or cultivate legal marijuana within their home.
Many families have pain medications, alcohol, weapons/firearms, and other dangerous substances in their home out of necessity or choice. If the mere presence of these objects alone does not constitute child neglect or abuse, neither should the mere possession or use of illicit drugs. In short, it is time to start judging parents for their parenting rather than solely on whether or not they use substances.
Laura Pegram is a policy associate with the Colorado office of the Drug Policy Alliance (www.drugpolicy.org).
