A BILL TO BE ENTITLED
AN ACT authorizing the social services commission to adopt a policy prohibiting a foster parent from smoking in the presence of an infant in the foster parent's care.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 131D‑10.5 is amended by adding a new subdivision to read:
"§ 131D‑10.5.  Powers and duties of the Commission.
In addition to other powers and duties prescribed by law, the Commission shall exercise the following powers and duties:
…
(8)	Adopt rules establishing a policy to prohibit a foster parent from smoking in the presence of an infant in the foster parent's care pursuant to G.S. 131D‑10.9A."
SECTION 2.  Article 1A of Chapter 131D of the General Statutes is amended by adding the following new section to read:
"§ 131D‑10.9A.  Policy prohibiting smoking in the presence of an infant in foster care setting.
(a)	For purposes of this section, the following definitions apply:
(1)	Infant. – A young child less than one year of age.
(2)	Smoking. – As defined in G.S. 143‑596(5).
(b)	Pursuant to rules adopted by the Commission under G.S. 131D‑10.5(8), the Department of Health and Human Services, Division of Social Services, shall enforce a written policy prohibiting a foster parent from smoking in a private residence used to provide licensed foster care on the premises. The policy shall further prohibit a foster parent from smoking in the presence of an infant in the foster parent's care while the infant and the foster parent are in a motor vehicle. The policy shall require a foster parent to prohibit others from smoking in the presence of an infant in that foster parent's care."
SECTION 3.  This act is effective when it becomes law.