Editorial: Pennsylvania Clean Indoor Air Act creates problems for foster parents

‘ ‘ ‘ On Sept. 11, 2008, the Pennsylvania Clean Indoor Air Act went into effect. Since that… ‘ ‘ ‘ On Sept. 11, 2008, the Pennsylvania Clean Indoor Air Act went into effect. Since that time, smoking has been banned in most restaurants, all state buildings and educational facilities and almost all indoor workplaces. Surprisingly, this list also includes foster homes. ‘ ‘ ‘ The law prohibits smoking in any private homes or vehicles used for caring for children and youth in state or county custody, including foster children. That means that as long as the child is in the house, the foster parents are legally banned from smoking in their residence. ‘ ‘ ‘ According to sources in various placement agencies around the state, there has so far been little outcry from smoking foster parents, and everyone acknowledges that the law is working for the benefit of the children. ‘ ‘ ‘ But what the law doesn’t do is account for the fact that many smokers are addicted, and so if a smoker is caring for a foster child, it isn’t just a matter of not smoking around the child. In many cases it could be a major lifestyle adjustment, and it might be enough to drive people out of the programs. ‘ ‘ ‘ Agencies such as Every Child Inc. of Allegheny County are already forcing parents to sign pledges not to smoke in their homes or vehicles when accompanied by their foster children. The simple fact is that people who might have been willing to host a foster child in the past might not be willing to do so now. Because there is a constant shortage of foster families for the approximately 20,000 foster children in Pennsylvania, driving people away from the programs isn’t a good thing. ‘ ‘ ‘ Given that the law itself is unlikely to be changed, foster parents are simply going to have to deal with the new rules. But that doesn’t mean the state can’t help them. For instance, if foster parents who smoke were given the ability to take part in a state-funded quitting program, it could offer them an incentive to quit smoking and also allow them to stay active in foster parent agencies. ‘ ‘ ‘ And because state funding is already given to anti-tobacco education and enforcement programs across the state, starting a program to help foster parents quit smoking is not unrealistic. ‘ ‘ ‘ Other solutions could be to give more financial assistance to non-smoking foster parents as an incentive for smokers to stop, or even to refuse smokers from participation in foster parent programs until they quit. ‘ ‘ ‘ A worrisome aspect of this situation is that it allows the state to control how people behave in their own homes. It’s true that foster parents are making an agreement with the state when they take in a foster child, and thus could be giving up some of their rights to privacy. ‘ ‘ ‘ But the fact of the matter is that the Clean Indoor Air Act specifically bans smoking in public places, and private homes are not public places. Even though the reasons are good, the legal logic isn’t. The government could just as easily ban smoking in subsidized homes. ‘ ‘ ‘ The state is trying to protect foster children, but it could discourage potential foster parents from taking in children they otherwise might have. If Pennsylvania really cares, it should come up with a balanced solution that weighs the needs of the kids against those of the people who might care for them.