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S.F. No. 2125 - Preventing Children in Foster Care from Being Exposed to Secondhand Tobacco Smoke (First Engrossment)
 
Author: Senator Jeff Hayden
 
Prepared By: Joan White, Senate Counsel (651/296-3814)
 
Date: March 17, 2014



 

       This bill modifies the juvenile safety and placement chapter of law, by requiring that foster homes maintain a smoke-free environment.

Section 1 (260C.212, subdivision 2) requires that a completed review of the written home study must be done prior to the approval of the foster home.

Section 2 (260C.215, subdivision 4) requires that the written home study address the capacity of the prospective foster parent to provide a safe, healthy, smoke-free home environment.

Section 3 (260C.215, subdivision 6) modifies the duties of the child placing agencies by ensuring that the children in foster care are protected from the effects of secondhand smoke, and that the foster homes maintain a smoke-free environment.

Section 4 (260C.215, subdivision 9) paragraph (a), amends the welfare of children section of law by adding a subdivision providing that a child in foster care must not be exposed to secondhand smoke in a licensed home or an enclosed space connected to the home and a motor vehicle in which the foster child is transported.

  • Paragraph (b) allows smoking in outdoor areas on the premises of the home, except when a foster child is present and exposed to secondhand smoke. 
  • Paragraph (c) requires that the home study include a plan to maintain a smoke-free environment.
  • Paragraph (d) requires the child-placing agency to request the foster parents to comply with this provision, and if noncompliance is an issue, reassess the placement if the foster parent is unable to provide a smoke-free environment.
  • Paragraph (e) states that nothing delays the placement of a child with a relative, unless the relative is unable to provide for the immediate needs of the child.
  • Paragraph (f) provides that nothing shall be interpreted to interfere with traditional or spiritual Native American or religious ceremonies involving tobacco.

JW:rer

 
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