Smoking in Home with a Sick Child

[worriedstepmom]

My question involves child abuse or neglect in the State of: Louisiana. Can there be child neglect or abuse issues with a gaurdian chain smoking inside a home with a child that is going to multiple allergy specialists, has frequent breathing attacks, and has a nebulizer machine to use. This child has been to numerous doctors and supposedly is not "allergic" to cigarette smoke but is in an environment with her already fragile lungs and the gaurdians ashtray is literally right by the breathing machine. Should this be reported to CPS? Could this be neglect due to the fact it affects the childs health?

[aardvarc]

No, CPS isn't going to get involved over a parent smoking around their child. LOTS of things that parents do affect a child's health, and most of them are completely legal and non-actionable. Parents are allowed, to a GREAT degree, to be incredibly crappy parents, which is why it's SO important to make good choices about WHO to have children WITH.

[Mr. Knowitall]

I've seen CPS, when involved for other reasons, order that there be no smoking around a child with certain medical conditions. For now, the key would be "What are the doctors saying?" If the doctors are saying tht the smoking is threat to the child, dad can bring an appropriate motion in the custody court.

[worriedstepmom]

okay.... thank you very much. Basically she is allergic to EVERYTHING... and has had to be picked up at school and rushed to ER with severe asthma attacks, unable to breath, passing out, etc..