Final week, three infants within the Everett space had been handled for fentanyl overdoses in unrelated instances. Two survived however a 13-month-old died. In 2022, fentanyl was the commonest drug within the 24 unintentional ingestions involving kids 11 years previous and youthful.
Within the final two years, state lawmakers have failed to repair a obvious hole in Washington’s prison legislation. Adults who expose kids to fentanyl, even when the youngsters are severely injured, face solely a misdemeanor-level cost. Solely in essentially the most tragic of instances — when a baby dies of an overdose — are prosecutors more likely to pursue a felony conviction for manslaughter, and extra critical jail time.
Earlier this yr, the state Senate acted to maintain kids protected, voting 48-1 for SB 5010 to raise the crime of publicity to fentanyl to a felony beneath an current baby endangerment legislation. Solely state Sen. Rebecca Saldaña, D-Seattle, voted towards it.
However within the Home, Public Security Committee Chair Rep. Roger Goodman did little greater than shrug, selecting to not even give the invoice a vote. The Kirkland Democrat stated the invoice mirrored an try and “criminalize dad and mom.”
In doing so, Goodman denied a software to the state’s prosecutors to fight an opioid overdose epidemic — and youngsters will undergo penalties. King County Prosecutor Leesa Manion and Seattle Metropolis Legal professional Ann Davison implored lawmakers to supply this software to assist maintain weak kids protected.
“Even a small quantity of fentanyl residue might be deadly to younger kids, because the drug might be stronger to a child or toddler’s smaller physique and lack of opioid tolerance,” the Everett Hearth Division stated in a Fb put up. “Drugs can appear to be sweet to kids, particularly after they’re brightly coloured.”
In January, this editorial board known as for altering the kid endangerment legislation to incorporate fentanyl as a felony on this yr’s Legislative session.
Washington’s current endangerment legislation permits prosecutors to cost a felony for unintentional drug poisoning — if that drug is methamphetamine. To guard kids, lawmakers ought to realign the legislation to the present epidemic, one through which fentanyl overdoses claimed 1,082 individuals of all ages in Washington in 2023 — a 51% enhance over the earlier yr.
As a substitute, Goodman selected a tough move, noting earlier this yr he had not a vote for it inside his caucus on the committee. That features Vice Chair Rep. Tarra Simmons, D-Poulsbo; Rep. Lauren Davis, D-Shoreline; Darya Farivar, D-Lake Metropolis; Mary Fosse, D-Everett; and Invoice Ramos, D-Issaquah. The lawmaker stated the “prison penalty solely makes it worse for everybody.”
Sen. John Braun, R-Centralia, rightly blasted Goodman’s committee’s choice within the wake of the three overdoses of infants in Everett. He famous that habit is just not a criminal offense, however that those that have kids of their care aren’t excused from hurt that happens “as a byproduct of their habit.”
“If being charged with a felony and doing time for exposing minors to fentanyl is what is required to guard these infants sooner or later, then we should always move laws to carry individuals accountable,” Braun stated in a information launch.
A misdemeanor merely doesn’t mirror the severity of the crime of poisoning a baby due to one’s personal habit to fentanyl. And it shouldn’t take a baby to die for a father or mother or guardian to be charged with a felony.
Now, the Legislature can have one other likelihood in January, when it subsequent convenes. Within the meantime, the fentanyl epidemic is certain to say many extra lives, together with kids.
With urgency, Goodman and his Democratic committee members ought to rethink their place and act to assist maintain kids protected.
