AUGUSTA – Foster parents who smoke won’t be able to light up in their homes and cars if the House and Senate accept a legislative committee’s recommendation.

The Health and Human Services Committee has voted unanimously to protect foster children from second-hand smoke by banning smoking in foster homes and cars. As proposed there would be a 12-hour exception. If a foster child is away from the home for an extended period, foster parents could smoke in their homes and vehicles up to 12 hours before the child returns.

Gov. John Baldacci said Monday he supports banning smoking in foster homes and cars. “I know it’s hard” for smokers to quit or refrain, he said, “but we have to stay on top of it.” Maine’s is doing a good job in smoking prevention and must continue, the governor said.

The proposed smoking ban would affect 1,320 foster homes, of which an estimated 25 percent of the adults smoke, according to Department of Human Services spokesman Newell Augur. Maine has 2,957 children in foster care.

Several legislators on the Health and Human Services Committee said a smoking ban in foster homes is appropriate because foster parents are caring for children in state care.

“As little as it is, they are getting paid to provide care,” said Rep. Margaret Craven, D-Lewiston. Children in foster care have gone through some abuse and neglect, “and should have the comfort of a smoke-free home,” she said.

Foster parents are paid between $16.50 and $70 a day per child, plus expenses. Pay depends on the difficulty of care required, with the typical rate at $30 to $45 a day.

Retired doctor Rep. Thomas Shields, R-Auburn, agreed. “These children are the state’s responsibility. They need to be cared for in a healthy environment, which includes a smoke-free home,” Shields said.

Asked if banning smoking in private homes is going too far, Dr. Dora Mills, who heads Maine’s Bureau of Health, said foster homes are different than private homes.

Because foster parents hold a contract to care for children in state custody, “the state has an obligation to make the environment as safe as possible,” Mills said. Foster homes must be tested for lead paint and inspected for several safety concerns. “It doesn’t make sense to have some safety concerns addressed and allow second-hand smoke,” Mills said.

Health advocates praised the committee vote, pointing out that second-hand smoke is a proven carcinogen and, as such, causes cancer. Second-hand smoke also causes ear infections and asthma in children, said Ed Miller of the Maine Lung Association. “Second-hand smoke doesn’t just aggravate asthma, it causes asthma. It’s a very dangerous substance.”

“This is a good bill,” Miller said. He called the proposed 12-hour rule a reasonable approach.

DHS officials said they are hoping a smoking ban would not reduce the number of foster parents. Public hearings on the proposal in Bangor and Portland last November drew little reaction, Augur said. The department has cautioned foster parents that the smoking ban may be coming, and foster parents haven’t said they’d quit because of it, Augur said.

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