HOUSTON -- A proposed state law would ban smoking in foster homes, KPRC Local 2 reported Wednesday.

John Banzhaf heads a national anti-smoking organization called "ASH," which stands for Action on Smoking and Health. ASH has helped four states pass legislation to ban foster parents from smoking in their own homes or vehicles.

"(Foster children) can't control their environment, so they ought to be entitled to some protection," Banzhaf said.

"Right now we really don't have a policy whether or not foster parents can use tobacco products or smoke around our foster children," said Estella Olquin, with Harris County Child Protective Services.

Maria Douglas was a foster mother to three girls whom she ended up adopting.

"It takes a lot to open your home, open up your life in order to serve, to give back. It's a lot to ask people to volunteer," she said.

Douglas understands the need for a healthy smoke-free environment for children, but she is worried.

Harris County CPS currently has 4,000 children in its custody and a shortage of families able to pass extensive criminal and financial background checks, as well as annual safety inspections.

"Is a child sitting in a shelter a better situation than in a foster home that would've been a loving home except that someone smoked in that home? I don't know that answer," Douglas said.

But ASH believes that the government should supersede all parental rights when it comes to secondhand smoke.

"You can't have sex in front a child. You can't abuse alcohol in the presence of foster children. Both actions aren't prohibited, but it's harmful to the child. So does exposing them to a known carcinogenic substance," Banzhaf said.

The rules and requirements for foster homes in Harris County are quite lengthy.

For example, the Douglas family will spend $3,400 on home inspections just to maintain their license.

"When there are unintended consequences of not being able to recruit and retain foster families, in the end the kids lose. The kids lose," Douglas said.

The Douglases do not smoke but are aware that CPS is proposing a new smoking ban in the home and cars of foster parents. But that change has to be approved by the Texas Department of Family and Protective Services.

"We really think this is healthier for children. But whether it passes or not is up to the public," Olquin said.

CPS said it welcomes e-mails and letters responding to the foster family smoking ban proposal. Letters should be sent to 2525 Murworth, Houston, 77054.

A public hearing is scheduled for March 23 in Austin.

Meanwhile, ASH is gearing up to convince Texas lawmakers to pass a bill that bans all smoking in vehicles where children are present. The penalty would be as harsh as child restraint and seatbelt violations in Texas.

Four states -- Vermont, Oklahoma, Washington and Maine -- currently have a ban on smoking in foster homes as a law or regulation. In addition, many California cities have it as an ordinance. Twelve other states are considering it.

Online Tools:

Ash Web Site
Texas Department of Family and Protective Services
Proposed Changes
Note: "No Smoking" Reference Is On Pages 6 and 202
Send comments to RCCLStandards@dfps.state.tx.us