Foster Homes are Smoke Free Zones!

Foster Homes are Smoke Free Zones!

Public Act 095-007 was passed in 2008 and prohibits smoking in public places. In Illinois, those who smoke are now required to smoke “a minimum of 15 feet away from entrances, exits, windows that open, and ventilation that serve an enclosed area where smoking is prohibited.”

The Public Act further states that “a ‘public place’ does not include a private residence unless the private residence is used to provide licensed child care, foster care or other similar social service care on the premises.” Therefore, smoking is not permitted in any home providing care for foster children.

According to the Act, a person who smokes in an area where smoking is prohibited can be fined $100.00 or more and someone “who owns, operates or otherwise controls a public place who violates this Act” can be fined $250.00 or more for the first violation.

The Child Care Act of 1969 required the State to put in place Rule 402, Licensing Standards for Foster Family Homes which states, Rule 402.12 c), “foster parents shall be stable, law abiding, responsible, mature individuals at least 21 years of age.” A foster family who violates this Public Act and the Licensing Standard may be at risk for a licensing complaint investigation.

Keeping children healthy and safe is at the heart of the service we provide for children in foster care. If you need help to quit smoking or have any questions about this correspondence, please contact your foster care licensing worker. For more information regarding the Public Act visit