Maine:DHS creates smoking rules for foster homes, vehicles

bangordailynews.com ^ | 2-26-04 | Nok-Noi Hauger

[SheLion]

BANGOR - Protecting the lungs of little ones in foster care from the effects of secondhand smoke is the primary reason behind a new law in Maine." Secondhand smoke is really dangerous for kids," said Janet Spencer, director of Bangor Region Partners for Health. "Their lungs are in a developing stage and anything that is pulled into their lungs can potentially be harmful in the long run. In a lot of ways secondhand smoke is more harmful."

The law, which was enacted last fall, calls for the Maine Department of Human Services to "adopt rules on smoking by foster parents in family foster homes and in foster parents' private vehicles. The rules must include ways to protect foster children from secondhand smoke."

DHS drafted new smoking rules for a Jan. 1 deadline tied to the new smoking law and provisionally adopted the rules on Dec. 23, 2003. The Joint Standing Committee on Health and Human Services started to review the proposed rules on Jan. 7.

On Tuesday, the committee held a public hearing to review a revised draft of the rules, said Newell Augur, director of legislative and public affairs for the Department of Human Services. 

The rules need legislative approval before DHS can adopt them, said Jane Orbeton of the Office of Policy and Legal Analysis, because they are a mandated part of the new law.

"A work session will be held this coming Tuesday," she said. "At that point they'll [the committee] make the decision on whether to approve the rules, disapprove or approve with modifications."

The committee meeting is at 1 p.m. March 2 in Room 202 of the Cross Office Building in Augusta.

The committee's recommendations then would be brought to the floor of the House. 

The draft version of the rules is basic, said Augur.

"Smoking is prohibited in a foster home when a foster child is in placement," the proposed rules state.

The new rules also would prohibit smoking in vehicles whenever a foster child is present or within 24 hours of a foster child entering the vehicle. 

Under the new rules, foster parents would be allowed to smoke in their homes when foster children are absent from the home. However, "smoking is prohibited within 24 hours prior to their expected return."

There also would be a 24-hour restriction on smoking before the arrival of a foster child placed in respite care. The proposed new policy falls under the licensing rules for family foster homes for children.

The smoking law was weakened from the original version, which sought to impose a flat-out smoking ban in all foster family surroundings. The enacted version orders the DHS to adopt rules that take into account the rights of foster parents, said its sponsor, Rep. David Trahan, R-Waldoboro.

According to the Partnership for a Tobacco-Free Maine's Web site, one Mainer dies every day from exposure to secondhand smoke.

The new law passed during the first regular session of the 121st Legislature on June 13, 2003.

[VRWC_minion]

I've got a fire burning in my woodstove right now..........burning wood releases potential carcinogens - are we going to be banning woodstoves and fireplaces next???

Most flatlanders vent the smoke and don't fill the room with smoke from their woodstove. I guess its different for ME folks.

[VRWC_minion]

Smoking causes early death, pure and simple. Or are all the life insurance companies missing a huge market ?

[Great Dane]

Whether the health claims are true or not, they have been accepted as if they were true.

By the looks of it, you don't even care if you loose freedoms to lies, thats pretty pathetic.

[Gabz]

Hmm...ventilation.......is that a new invention????

If it works for a wood stove or fireplace or any other burning, it obviously works for tobacco smoke....who woulda thunk it, huh?????

[Gabz]

Smoking causes early death, pure and simple.

What a load of bravo sierra......

Good grief man, what are you talking about?

[VRWC_minion]

If you stand under a flue to smoke, I would submit you have taken the necessary precautions and are not subjecting your kids to abuse. But, two questions, 1. You really vent your smoke as well as your woodstove ? 2. Why do you vent a completely harmless substance ?

[VRWC_minion]

If smoking doesn't cause early death, start a life insurance company. You will make a fortune. You might have trouble getting investors, but there might be enough smoking investors in denial that believe your spin that smoking doesn't cause early death.

[VRWC_minion]

By the looks of it, you don't even care if you loose freedoms to lies, thats pretty pathetic.

Tell me about the freedom of the infant strapped to a car seat in an auto filled with smoke.

[Gabz]

Open windows are venitlation - and even in the dead of winter I always have at least one open - it's got nothing to do with smoking - it is just a preference. Even when staying at the home of non-smoking friends or family I have a window open.

But it is nice to know that you agree ventilation solves any perceived problems with smoke from any burned substance.

However you might wish to check with the local child Protective Service to determine whether or not smoking in the same household as a child is considered child abuse. I can tell you for a fact it is not in the state of Delaware - in fact they would probably laugh at anyone who tried to file a complaint of child abuse based solely upon that.

The trivializing of true child abuse by the anti-smoking contingent is repugnant beyond words.

[Gabz]

You are the one that made the specious comment, not me.

The so-called numbers that are always touted don't even back up your claim that smoking causes early death.........

[VRWC_minion]

The so-called numbers that are always touted don't even back up your claim that smoking causes early death.........

So you are correct and the entire life insurance industry is wrong. Okie dokie. If you say so then you must be right.

[VRWC_minion]

However you might wish to check with the local child Protective Service to determine whether or not smoking in the same household as a child is considered child abuse

Maine has decided to protect the children in its care from SHS, how much longer before they and other realize the duplicity of having a higher standard for children in custody than for children out of custody ? Its not long before states start passing smoke bans for parents around children.

As for the level of abuse, I agree that smoking isn't the same level as beatings but its still abuse and the parent that insists on smoking in the same room.car etc is still selfish.

[Gabz]

I didn't say anything about me being correct - just that your comment is wrong.

[VRWC_minion]

I didn't say anything about me being correct - just that your comment is wrong

If smoking doesn't cause early death than you can make a fortune at life insurance because you can charge lower rates but if you are wrong and the industry is right you will lose a fortune.

The folks who make a "living" at it, are putting their money where their mouth is as to what to believe and some of them smoke.

[Gabz]

I'm sure there are more important things Maine, and all other states for that matter, can do to protect children than worrying about cigarette smoking.

You and the rest of the anti-smokers belittle the true nature of child abuse by equating tobacco smokers with child abusers.

As the recipient of physical and verbal abuse from an alcoholic I look at your statements regarding child abuse with about as much credence as those that claim alcohol hurts no one but the user.

[Gabz]

Phrase your statement correctly and you may actually get people to agree with you......possibly including myself.

[GrandMoM]

Secondhand smoke is really dangerous for kids," said Janet Spencer

....how can second hand smoke be any more dangerous than letting homosexuals adopt them????????????????????

[Gabz]

....how can second hand smoke be any more dangerous than letting homosexuals adopt them????????????????????

I can think of a few people that would disagree with you......I don't happen to be one of them.

[metesky]

Do not engage the moronic minion. It only encourages the POS.

[philetus]

I was done when he started talking gibberish.