Hillsboro, OR. — The Washington County District Attorney’s Office has moved to dismiss charges in 20 cases involving drug-endangered children after a September Oregon Court of Appeals ruling significantly narrowed the state’s ability to prosecute caregivers for exposing children to dangerous drugs.
The decision, State v. Stevens, 343 Or App 321 (2025), held that a caregiver who knowingly exposed an 18-month-old child to methamphetamine—resulting in detectable levels of the drug in the child’s system—could not be convicted of First-Degree Criminal Mistreatment based on failure to provide necessary and adequate care. The ruling applies to other controlled substances as well, making it far more difficult to arrest or prosecute adults who expose children to harmful drugs such as methamphetamine or fentanyl.
As a result, the Washington County DA’s Office is dismissing 20 pending cases in which children tested positive for controlled substances, including methamphetamine, marijuana and fentanyl. Prosecutors say these cases involved children living in environments where adults were actively using drugs, conditions that pose severe risks, including overdose and death.
“This ruling makes it more difficult to protect children and hold accountable those who threaten their well-being,” said Washington County District Attorney Kevin Barton. “Caregivers and parents who knowingly expose children to dangerous drugs to the point where they test positive should be held accountable. We are committed to pursuing legislation in the upcoming short legislative session to address this problem.”
Shelly Smith, Executive Director of Oregon Child Abuse Solutions, echoed those concerns. “Every child deserves to grow and thrive in a home free from dangerous drugs and life-threatening hazards,” she said. “We are committed to advocating and supporting policies and practices that safeguard their well-being.”
The Oregon District Attorney’s Association (ODAA) and the Washington County DA’s Office are pushing for new legislation to close the gap created by the Stevens decision. Proposed statutory changes are included in the ODAA’s 2026 Proactive Legislative Agenda, which lawmakers will consider during the 2026 session.
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