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Old December 1st 06, 01:42 AM posted to alt.support.child-protective-services,alt.parenting.spanking,alt.support.foster-parents
Greegor
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Default Laws prohibit smoking around children

http://www.usatoday.com/news/health/...ing-bans_x.htm
Health and Behavior Inside News
Laws prohibit smoking around children
Updated 11/28/2006 7:59 AM ET

Photo: Enlarge By Stephen Morton, AP
James Lord, 65, smokes at Smoker's Cafe in Dublin, Ga., Sept. 5. The
restaurant's owners found a loophole to Georgia's smoking ban and have
prohibited children instead of cigarettes. In some states, smoking is
not allowed around children even in private places.

By Emily Bazar, USA TODAY
Anti-tobacco forces are opening a new front in the war against smoking
by banning it in private places such as homes and cars when children
are present.
Starting Jan. 1, Texas will restrict smoking in foster parents' homes
at all times and in cars when children are present, says Darrell Azar
of the Department of Family and Protective Services.

ON DEADLINE: Do you agree with the law?

Vermont, Washington and other states and counties already prohibit
foster parents from smoking around children in their homes and cars.

Arkansas and Louisiana passed laws this year forbidding anyone from
smoking in cars carrying young children. Courts are ordering smoke-free
environments in custody and visitation disputes.

"We are very rapidly moving to protect children from secondhand smoke,"
says John Banzhaf, executive director of Action on Smoking and Health.
"Even from their own parents and grandparents."

Former surgeon general Richard Carmona said in June that children
exposed to secondhand smoke suffer an increased risk of respiratory
ailments and sudden infant death syndrome.

Most smoking bans apply to workplaces and spots like bars and
restaurants.

Smokers' rights groups liken banning smoking in private to the "Salem
witch hunt," says Gary Nolan, spokesman for The Smoker's Club, Inc. He
says secondhand smoke is not dangerous. "If we don't reverse this,
they'll be telling us what we can eat and what we can feed our
children," Nolan says.

Former smoker Bob Mathis, a Democratic state representative in
Arkansas, sponsored a law that bars smoking in a car carrying a child
young enough to require a car seat. It took effect in July. A violator
can be fined $25 but can get out of it with proof of participation in a
smoking-cessation program. A similar law took effect in Louisiana in
August.

"We have laws on the books in every state of the union against child
abuse," Mathis says. "This is a form of child abuse."

At least six states and some counties prohibit foster parents from
smoking when foster children are present, says Kathleen Dachille,
director of the Legal Resource Center for Tobacco Regulation,
Litigation & Advocacy at the University of Maryland School of Law.
"There are times when it's appropriate to regulate what people can do
in their home," she says. "The state is responsible for that child."

Some courts are ordering parents in custody and visitation disputes not
to smoke around their kids.

Initially, courts considered restrictions when children had ailments
such as asthma that are exacerbated by smoke, says Linda Elrod, a law
professor and editor of Family Law Quarterly. Now, they're more willing
to restrict smoking even when there are no obvious health problems, she
says. It generally comes up when one parent complains about the other's
smoking.

Posted 11/27/2006 11:24 PM ET