How does Pennsylvania law treat the issue of children's exposure to secondhand smoke?

Understanding Secondhand Smoke and Its Implications in Pennsylvania

In Pennsylvania, the concern for children's health and welfare is paramount in law, particularly when it comes to exposure to secondhand smoke. Secondhand smoke, also known as environmental tobacco smoke (ETS), comprises the smoke exhaled by smokers and the smoke that emanates from the burning end of tobacco products. It contains over 7,000 chemicals, hundreds of which are toxic, including about 70 that can cause cancer. The vulnerability of children to secondhand smoke is especially significant due to their developing lungs and the potential for long-term health issues.

Pennsylvania law recognizes the dangers posed by secondhand smoke to minors and has instituted measures to mitigate this exposure. In public spaces, the Pennsylvania Clean Indoor Air Act (Act 27 of 2008) restricts smoking in many indoor areas, including workplaces, public transportation, and areas where children might be present. However, exceptions to this law include private homes and vehicles unless they are being used for childcare or children's services.

The question of children's exposure to secondhand smoke often becomes a focal point in custody disputes within the state's family courts. While there's no specific statute that solely addresses secondhand smoke in regards to child custody matters, Pennsylvania courts have increasingly considered smoking as a factor when determining the best interests of the child. Judges may evaluate a parent's smoking behavior and its impact on the child's health when making custody and visitation decisions.

For instance, in the case of In re Custody of F.P., a Pennsylvania appellate court upheld a lower court's decision that restricted a father's visitation rights based on concerns about his smoking around the child. Such rulings demonstrate that while there isn't an outright ban on smoking around children, courts are willing to take necessary action to protect children from secondhand smoke when their health is at risk.

Additionally, local ordinances may further regulate smoking in certain municipalities within Pennsylvania. For example, some cities have enacted regulations that prohibit smoking in vehicles with children present or near playgrounds and school zones.

As science continues to reveal the hazards of secondhand smoke, Pennsylvania law evolves in response. It remains essential for parents and guardians to be aware of these laws and their implications for children's wellbeing.