DHS creates smoking rules for foster homes, vehicles

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.