Secondhand smoke= child abuse?

Question

My niece lives with my parents and older sister, all of whom are indoor smokers. She just turned 1 today, and has gotten repeated throat infections. The doctor has issued written instructions that adults are to smoke outside so as to not harm the baby's health. They continue to do so regardless.

Myself and the parents (they're teens, don't smoke, but have no choice but to live there so they aren't directly harming the baby themselves) were wondering if we could report the smokers to CPS without having the baby taken away? Could they just fine the smokers? Is knowingly endangering the baby's health like this abuse? We live in California.

Thank you for any help.

Answer 1

I don't think they would take the baby away, so it is worth it for the parents to make an appointment to talk to them about what they can and can not do. At the very least maybe they will talk to the adults who do smoke, and maybe even be able to get some help so these teens can move out. I know California anti-smoking laws are really broad, but I don't know specifics.

I had asthma until I moved out of my mom's house, turns out it wasn't asthma at all. I was miserable and on inhalers for no good reason. However my mom is now no longer smoking in her own house at all ever after I threatened not to let my son visit.

Answer 2

I don't think they can call cps and get the smokers to quit in their own house. The teens can get emancipated and apply to public housing or move in w/ another relative. My mom refused not to smoke around my daughter so I moved in w/ a friend until we could get an apartment through housing. Try talking to the smokers reasonably, suggest making one room a smoking room and do all the smoking there. You can't fine someone for smoking in their own home, it's about the only place they can smoke these days. If there is a law in california that puts that as child abuse, what's to stop your parents from kicking them out so as to not abuse the child anymore. Getting the smokers in trouble would just start a family feud, be prepared to go there and all the consequences. I'm not saying it's alright to smoke around a baby, I don't, and won't let anyone else either. CPS looks at it as the parents knowingly endangering the child by living there because there are all sorts of resources available to parents, even underage ones. Good luck.

Answer 3

I don't believe that the baby should be subjected to 2nd hand smoke but is this really a reason to possibly have this child taken away and possibly put in a worse condition? There are foster children that are taken from one abused home and put into another. The system is seriously overworked and under budget and the last thing they need is to have some one call for not a life and death situation. I suggest you and the parents see about a different living situation. Is there a possible way they can move in with you or another member of the family? Some form of government housing?
Good Luck and Bless U All!

Answer 4

No, it is not child abuse. However, the teen parents are just stuck. They need to keep the baby in their room and away from the smokers who are so inconsiderate. They should also invest in an air cleaner (Honeywell brand is a good one).

Once they are 18 and move out, then they should not allow the baby to visit at the grandparent's home.

Answer 5

I think that smoking around children is child abuse. How can anyone that cares about a child smoke around them, knowing the effects? It gets me very angry when I see parents smoking in their cars with their children. As far as the parents not having a choice...they do. It may not be the easiest choice but it might be the choice that is healthiest for their daughter. If they have no money they should apply for government housing. I know that, that will probably suck but I would do it if it meant that my daughter would not have to be around smoke.

Answer 6

in my OPINION...yes,it is child abuse to knowingly do something the doctor has said harms a child!!! I don't know the laws down there,but i would hope as a loving older relative you would call someone about it! Good Luck,and I hope the baby is doing better

Answer 7

That is so sad....Poor baby. So if I have this right, the mother and child live with her grandparents? Unfortunately, if it is the grandparents home I believe that they have the right to do whatever they please in their home. If they truly cared for the well-being of their great-grandchild, I would hope that they would choose otherwise.

I think your niece needs to look for a new place to live with the baby that is a healthy environment. It's a shame that grandparents wouldn't be willing to simply step outside for the health of that child :(

Answer 8

This is abuse. My two stepdaughters that now live with my husband and I had to put up with their mother smoking around them their whole life. They had chronic ear infections and always had colds and coughs things like that. They live with us and it goes away but one of the girls has to see an ear specialist because she has fluid in her inner ear. Doc said could of been caused by an untreated ear infection. I believe this is wrong because those kids can not go outside away from the smoke themselves. You need to stand up for the child.

Answer 9

don't be stupid. My father smoked 3 packs an afternoon around my sister and that i, plus we had 3 grandparents smoke around us too. interior the domicile and interior the automobile. We grew to become out frequent healthful childrens. We did no longer have any respiratory issues, bronchial asthma, or any of that bs that folk think of happens to childrens with mum and dad who smoke.

Answer 10

If CPS gets involved there is no guarentee that the baby won't get taken away. This should be stopped however and if it isn't someone else could call CPS and then it will be out of everyone's hands.