Police urge state and local action after child fentanyl exposures; council asks staff to return with options

Spokane Valley Police Chief Dave Ellis and Lieutenant Jared Keene told the City Council on May 6 about two incidents in 2025 in which young children were exposed to fentanyl or mixed drugs, and they urged council support for legislative changes or a local ordinance to strengthen criminal charging options.

Case summaries and legal gap: Lt. Keene described a case in which a 2‑year‑old accessed parental drug paraphernalia that contained methamphetamine and fentanyl; the child received two doses of naloxone (Narcan), was hospitalized and placed in child protective services (CPS) care under emergency authorization. Because methamphetamine was present, investigators could pursue existing controlled‑substance‑endangerment charges. Keene described a second case in which a 3‑year‑old ingested a red‑and‑blue pill later determined to be fentanyl; the child required an extended hospital stay and intravenous naloxone therapy. Keene said current Washington statutes allow charging for controlled‑substance endangerment when presence of certain substances is clear, but that prosecutors and investigators face evidentiary and statutory limits when incidents involve fentanyl alone.

Charging options discussed: Keene said the department has used third‑degree assault or reckless endangerment where appropriate, but noted those statutes require different legal elements (for example, showing “substantial pain” or a general reckless conduct standard) and are applied at prosecutors’ discretion. Chief Ellis and Keene said they supported amending state law (they cited RCW 9A.42.100 as the statute under discussion) to explicitly include fentanyl and synthetic opioids in controlled‑substance‑endangerment provisions, which would create clearer charging standards. Keene said a state bill to add fentanyl language had been attempted during the recent session but did not pass.

Local ordinance and Pierce County example: police staff provided one interim pathway: several jurisdictions have adopted local ordinances making certain fentanyl‑exposure conduct a gross misdemeanor; staff said Pierce County recently adopted such language and that the city attorney's office has that model ordinance for review. Police asked the council to consider supporting state legislative changes and to consider a local ordinance as a stopgap if state law is unchanged.

Operational response and child welfare: Keene described the investigation process: first responders administer naloxone when fentanyl exposure is suspected, medical professionals conduct drug testing at hospitals, and police coordinate with CPS to investigate sources and establish safety plans; in some cases children are temporarily placed into foster care.

Council reaction: councilmembers voiced strong support for stronger legal tools and for pursuing both state‑level and local options. Staff said they would return with draft language and options for council consideration.

Ending: City staff will work with the city attorney, prosecutors and regional partners on potential local ordinance language and on coordinated advocacy for state law changes to address fentanyl‑only child exposures.