The delete-all amendment was recently posted for the Health & Human Services Policy omnibus bill. Within this amendment, under Article 1: Children and Family Services, there are provisions requiring smoke-free environments in foster homes.
First, home studies of prospective foster parents would have to include the capacity of a foster parent to provide a smoke-free home environment. This is in line with the bill’s new duty of the child-placing agency to ensure that children in foster care are protected from the effects of secondhand smoke.
Specifically, the bill would prohibit child exposure to secondhand smoke in licensed foster homes or any space connected to the home, which includes garages, porches, and decks. Additionally, smoke exposure would not be allowed when foster children are outside the home itself (but still on the premises) or in a car in which a foster child is transported.
Should a foster parent be unable to provide a smoke-free environment (and the agency determines that this is so), the agency would have to reassess whether the placement is in the child’s best interests.
The bill does state that nothing listed within the new policy should delay the placement of a child with a relative, unless the relative cannot provide for the child’s immediate health needs (e.g. if the child has severe asthma).
This bill has been introduced several times over the years, and its inclusion in the HHS policy omnibus bill could indicate that it is likely to be passed this year.
What are your thoughts on this?
