She should know better, but smoking is not against the law.
Seems to me the powers that be are making smoking against the law. I am pretty sick of it. I SMOKE and I want people and government to leave me alone.
You'd be surprised how many times a non-smoking order is put in place as part of a protective services case. If it is a case that is in court, these case plans are weighed heavily by the judges hearing the cases. It depends, to some extent, on the worker. Personally, the only time I would include such a condition in a case plan would be in the situation where the child already had a diagnosed health problem that was significantly aggravated by cigarette smoke, such as asthma, AND where the parent was not one who had much awareness or who didn't make much effort to protect the child himself. Then I might include that the parent was not to smoke in the same room as the child. There are workers, though, who because of their own personal anti-smoking biases, who will demand that parent NEVER smoke around their kids and if they discover that they do, might make a big issue of it as failure to comply with the case plan. Then it can make a big difference in court.
It is in this case:
as part of a custody arrangement with her ex-husband
Although it seems like the appropriate thing to do is not throw her in jail, but give the kids to her husband who will not smoke around them. I was a smoker too, for 18 years, but I took great pains to not get second hand smoke around my kids.
It is if a judge says it is.
And we allow him to get away with it.
In her case it was!