North Platte, Neb. — North Platte Police Chief Martin Gutschenritter says he believes parents who expose their children to secondhand smoke in a vehicle should be charged with child abuse.
Gutschenritter's stance comes after U.S. Surgeon General Richard Carmona's recent condemnation of secondhand smoke. Carmona's 670-page study on the issue concluded that secondhand smoke is not a mere annoyance but a serious health hazard.
Gutschenritter said secondhand smoke around children is "the most insidious form of child abuse."
Carmona implored smoking parents to indulge in their habit outdoors, adding that opening a window in a house or a car will not protect children from secondhand smoke.
"With that in mind, we are researching to determine whether law enforcement has probable cause to arrest anyone exposing children to secondhand smoke inside a vehicle," Gutschenritter said.
Lincoln County Attorney Jeff Meyer did not return a phone message left at his residence.
Nebraska law defines child abuse as placing a minor child in a situation that endangers his or her life or physical or mental health. The act can be caused either knowingly, intentionally or negligently.
Secondhand smoke is believed to contribute to some children developing asthma and other respiratory problems.
"If you look at the state statute regarding child abuse, and if you look at the surgeon general's report, we believe that it's a clear violation," Gutschenritter said. "The fact that the injury isn't immediate, we feel is irrelevant."
Child abuse is a Class I misdemeanor, which carries a penalty of up to one year in prison and a $1,000 fine.
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BrianR (anonymous) says…
The smoking Nazis will knock down your door and imprison you. America is becoming scary.
"Nebraska law defines child abuse as placing a minor child in a situation that endangers his or her life or physical or mental health"
So I take it that this will eventually include parental guilt trips and going to Catholic school?
mom_of_three (anonymous) says…
I don't know where to start with this one, so I won't.
He can't be serious!
I know second hand smoke is dangerous to children, but to charge parents with child endangerment is ridiculous.
just_another_bozo_on_this_bus (anonymous) says…
"Nebraska law defines child abuse as placing a minor child in a situation that endangers his or her life or physical or mental health"
If the above paraphrase of the Nebraska law is accurate, then exposing kids to second-hand smoke is clearly a violation. Unless the legislature specifically exempts second-hand smoke, law enforcement is required to enforce the law as written.
OldEnuf2BYurDad (anonymous) says…
It seems that "endangerment" laws are meant to be about immediate dangers, not long-term effects. Using his logic, every parent who feeds their kids fast food and soda pop is also guilty of the same kind of abuse.
mom_of_three (anonymous) says…
Thanks Dad....That's what I was hoping to say.
There was a warning this morning about pet turtles spreading illnesses and disease, so pet turtles could be added to the list.
just_another_bozo_on_this_bus (anonymous) says…
True enough, Dad, but if Nebraska doesn't want the child endangerment law to apply to the feeding of kids an unhealthy diet, they probably need to reword the statute. As it stands, the schools might be liable as well-- and not only for food, but for the lack of seat belts in school buses.
mom_of_three (anonymous) says…
"Nebraska law defines child abuse as placing a minor child in a situation that endangers his or her life or physical or mental health. The act can be caused either knowingly, intentionally or negligently."
With the broad words of that law, there are many things which could endanger children physically or mentally.
How about school bullies who endanger a child's mental health??
happyone (anonymous) says…
Man O Man is this for real???? If it is then everyone could be charged with child abuse.
1 the school bully
2 poor parents that don't dress their kids in the "latest Fashion"
3 School bus Companies, drivers and parents and teachers that put the kids on the bus with no seatbelts
4 Grocery stores the owners, stockers, and cashiers for selling "fat" food
5 Best Buy (or any other electronics store) the owners, workers ect for selling Electornic devises that make "fat" kids/adults
6 all the parents that let their kids play on fountains at the park
7 any one that owns a vehicle--they emit fumes that can effect health
I could go on and on I think you all get my point
mommaeffortx2 (anonymous) says…
people just lock the kids up never let them out and never let them have fun may be danger lurking.
tony88 (anonymous) says…
Yeah. I love to smoke in front of my kids and blow smoke in their face. Who cares if their lungs don't develop properly.
Are you people actually defending those who smoke around their kids? Or do you do it yourselves?
mommaeffortx2 (anonymous) says…
danger lurks everywhere so how do you protect them? they will eventually walk by or sit by somewone that smokes, get stung by a bee of a splinter in their hands.
most smokers do not blow smoke in a kid face.
tony88 (anonymous) says…
So mommaeffortx2, you smoke in front of your kids?
mommaeffortx2 (anonymous) says…
nope smoke in garage, point I was making is it will be hard to enforce and that you can not protect your kids from all the danger in the world.
just_another_bozo_on_this_bus (anonymous) says…
"you can not protect your kids from all the danger in the world."
You can at least protect them by not needlessly inflicting danger on them. There is absolutely no justification for exposing any kids to second-hand tobacco smoke.
tony88 (anonymous) says…
Ah Bozo, there is one justification commonly cited. "Noone can tell us smokers what to do! It's discrimination!"
crazyks (anonymous) says…
Well, when you add possible dangers to mental health as abuse as well...
How many of you holier than thous have been guilty of arguing with your partner in front of the kids? Definitely harmful to their mental health.
I see parents do this all the time. Guess that's child abuse, too, huh?
If we keep going with all the ridiculousness, then all the children in this country will be in foster care, and no one will have their kids at home anymore.
mommaeffortx2 (anonymous) says…
but the point was the enforcement of, if you have a cig. butt in your car does that mean you smoked it with your kids in the car? how will they enforce it?
just_another_bozo_on_this_bus (anonymous) says…
Nearly every law on the books presents some difficulty in enforcement. Does that mean there should be no laws at all?
mommaeffortx2 (anonymous) says…
so it is wrong to want to know how they decide who is unfit and should be declared unfit? I think not if someone tells me I am unfit because I have children and I smoke then I will say they are unfit for many reasons ranging from letting their kids to sit on their butts and never go out side to being single raising a child, not that I think being a single parent is bad, do not it is very hard.
But unfit can be described to just about anything people do how do you determine what is and is not and who is bad and who is not.
tony88 (anonymous) says…
Hey Bozo... back off! We're defending our right to kill our kids.
just_another_bozo_on_this_bus (anonymous) says…
"I think not if someone tells me I am unfit because I have children and I smoke"
The law cited in this article would only declare you "unfit," as in abusive, if you smoked in an enclosed area in their presence. Smoking in the garage while they're in the house would not make you unfit.
amazed (anonymous) says…
Isn't it really, above all else, common courtesy to keep your smoke to yourself? Smoking is a nasty, disgusting, stinky addiction (not to mention it's health hazards) and those of us who choose to partake should protect everyone else from our bad taste.
Confrontation (anonymous) says…
mommaeffortx2: Are you one of those parents who smoke while driving your kids around town? I bet you even think that rolling down the window gets all the smoke out of the car. Yeah, that's why it smells like an ashtray. I wouldn't doubt if your kids suffer from more ear infections and breathing ailments than those kids who are not around parents who smoke. You'll deny it, but we know the truth.
mommaeffortx2 (anonymous) says…
yeah and I do smoke away from my kids and husband as well, not arguing the fact that second had smoke is bad, just the enforcment of the law? that should also be addressed not just that you smoke so you are bad and evil and trying to kill everyone. More people let their kids eat what they want and never get off of the couch and obesity kills in many ways, but I do not see anyone trying to pass a law that says if we see your kid in the car eating junk food you will be charged with child endangerment??
mommaeffortx2 (anonymous) says…
oh confrontation so nice to here from you but I rarley smoke in my car and have you heard it is my car so I really do not care what you say about it. Or me for that matter, so when did you quit smoking, eating fastfood, and sitting on your a** these will alll kill you you know. You can deny sitting on your butt and eating fast food but we know the truth.
tony88 (anonymous) says…
Sounds like a good law to me (the junk food and the smoking laws)
crazyks (anonymous) says…
Has anyone ever painted a room in their house? While the kids were home? Ever varnished something, or stripped paint off of something, while the kids were home?
Do you light scented candles in your home? Are you endangering your child because of the smoke from the candles? Is it child endangerment if the candle is tipped over and causes a small fire?
Gee, they just announced recently that that "new car smell" that everyone seems to love is carcinogenic, due to fumes from the new carpet, leather, plastic, etc. So I guess having your kids ride in your new car and exposing them to other kinds of fumes that cause cancer is child abuse, too?
Does taking your kids to NASCAR events mean child abuse? Due to all the fumes, I mean.
Do you take your kids outside at all? Ever been standing with them when a semi went by? Did you pick them up and rush them back inside so they wouldn't be harmed by the diesel fumes?
There are all kinds of fumes that are hazardous to your health, including car exhaust. How do you keep from exposing your kids to each and every one of them?
And if smoking in your car is hazardous to a child's health and worthy of child abuse charges, then so is lighting a fire in your fireplace. Or lighting the barbecue in the back yard. The same kind of toxins are present as with smoking.
peachesncream (anonymous) says…
my friend was told by a doctor one time that if her husband cont to smoke around thier child who was asthmatic she would be turned in for abuse.... so this is not something new ppl where have you all been ?????
mommaeffortx2 (anonymous) says…
just a threat smoke screen no punn intended.
tony88 (anonymous) says…
Isn't it crazy how passionate people like crazyks get about their right to kill themselves and their children and neighbors?
mommaeffortx2 (anonymous) says…
hey I only killing myself thank you
mommaeffortx2 (anonymous) says…
but everytime I drive or bbq I am killing earth so I guess that makes us all even
BDitty (anonymous) says…
If parents begin to get charged for child abuse for smoking around their children, won't that lead to ANYONE who smokes around children (be it theirs or not) being charged? I wonder what would have a bigger legal battle this or the cell-phone ban.
mommaeffortx2 (anonymous) says…
cell phone you know far more people can not live breath and drive with out their phone.
scott3460 (anonymous) says…
"hey I only killing myself thank you"
Sorry, but I think one of the points of the article and something that has been in the news recently is that the Surgeon General (of the anti-science Bush Administration, no less) has come out and stated that the conclusive scientific proof is that second hand smoke kills. So, in fact, you are not just killing yourself. You addiction is slowly killing everyone else who has breathe your second hand smoke. If you are only trying to kill yourself, why don't you hurry up and give the rest of us a break?
mommaeffortx2 (anonymous) says…
just to piss you off, now who said I smoked around other people?? you?
dizzy_from_your_spin (anonymous) says…
I hope this Barney Fife wannabe doesn't carry a loaded weapon.
What a prime example of over zealous law enforcement.
crazyks (anonymous) says…
If you want to say it's okay to consider smoking around children as child abuse, then you'd better get prepared for the onslaught of other things that a lot of people do that will suddenly be considered child abuse.
denak (anonymous) says…
As a foster parent, I am on the fence about this one.
I have had children who have come home from visits that have absolutely reeked of smoke. They stunk so badly that I would have to give them a bath as soon as they walked in. I have had kids who have shown up with clothes that stunk so badly that I had to wash their clothes seperately or buy new clothes for these kids.
I think smoking around your child SHOULD be construed as child abuse *if* the child has a medical condition that is aggrevated by cigarette smoke and you continue to smoke. If your child has asthma and you smoke around your child, knowing that the smoke could trigger an attack or have serious health consequences, then you are abusing your child in that you care more about your habit then you do the health of your child. If your child has ear infections that are aggrevated by cigarette smoke and you contine to smoke, it is the same thing in my book. The fact that the injury isn't immediate isn't releveant. Most children do suffer from the immediate effects of child abuse but they also continue to suffer from the effects for years and years afterwards.
With all that said, no one is going to get prosecuted under this law. You can, in this country, do anything short of killing your child, and get away with it. I know of parents who have prostituted their children, thrown them out in the cold for so long the children had frostbite, made their children carry drugs for them, repeatedly raped their children and have tied their children to the bed and beat the living crap out of them and very very few of them were ever prosecuted. In fact, our of those examples, which are all true, not one of the parents were prosecuted. I just don't see the D.A. filing charges over something like this when so many serious cases are left unprosecuted.
Also, the immediate goal of foster care is family reunification. If the only thing the parent is doing wrong is smoking, really it is a waste of time and resources to even remove these children from the home. Honestly, I don't see what the point is. If the parent is an otherwise good parent are we going to waste time giving them a urine test to prove if they smoke. Are we going to make them wear a patch as part of the family plan?
With all the real cases of child abuse out there, I just don't see the point unless the smoking is going to have a profound effect on the child (ie an asthmatic or a child with ear infections)
I just wish people were as upset over children getting beat and raped as they are over this useless law.
Dena