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• TIMOTHY ANDERSON, Plaintiff-Appellee vs RACHEAL ANDERSON nka HILL, Defendant-Appellant (PDF) 

{¶1} Defendant-appellant, Racheal Anderson nka Hill, appeals a decision of the Warren County Common Pleas Court, Domestic Relations Division, regarding custody and parenting time matters involving her daughter. For the reasons set forth below, we affirm the decision of the trial court. . . .

On April 3, 2008, Marilyn moved the court to modify Racheal's parenting time with Victoria, and further moved the court for an order prohibiting all parties from smoking cigarettes in Victoria's presence. Marilyn argued that Victoria had expressed concerns, fears and reluctance over spending time with her mother, and had returned home from parenting time smelling of cigarette smoke as a result of Racheal smoking in her home and car. Marilyn also requested that a guardian ad litem be appointed for Victoria. . . .

In her third assignment of error, Racheal challenges the trial court's imposition of a no-smoking ban upon the parties. Specifically, she argues that there was no evidence before the court that Victoria suffered from any health problems or had an increased sensitivity to smoke, and she contends that there must be some evidence that a child suffers physical harm before the court can restrict a parent from engaging in a lawful activity. Racheal also points to the fact that the smoking ban is not limited to the parties' homes or to the parties themselves, and argues that the ban has effectively restricted the places where she can take Victoria.

{¶31} The trial court adopted the magistrate's finding that although there was no evidence presented to indicate that Victoria has any health problems or an increased sensitivity to cigarette smoke, it was not in Victoria's best interest to be exposed to such an activity. Indeed, other Ohio courts have made reference to the "avalanche of authoritative scientific studies" which indicate that "secondhand smoke constitutes a real and substantial danger to children because it causes and aggravates serious diseases in children, which danger is both a 'relevant factor' and a 'physical health factor'" that a trial court is required to consider in making a best interest determination under R.C. 3109.04(F). In Day, the Fifth District Court of Appeals found no abuse of discretion in the trial court's imposition of a no-smoking ban, noting that the Ohio Supreme Court has recognized conclusions made by the United States Surgeon General, as well as other health agencies, that "secondhand smoke impairs the respiratory health of thousands of young children." Id., quoting D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of Health . . . . Regardless of the condition of their health, secondhand smoke is considered a danger to all children.

{¶32} Based on the foregoing, Racheal has not shown that the trial court's decision to restrict Victoria's exposure to cigarette smoke was arbitrary, unconscionable, or unreasonable so as to constitute an abuse of its discretion.

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• Court bans mom from smoking near child 

No smoking around your daughter.

That was a Warren County court's order to a mother last December - and now an appeals court has sided with that ruling, taking the unusual step of using "judicial notice" to conclude that second-hand smoke is a danger to a child.

In a decision that could apply to many other child-custody and visitation cases, the Ohio 12th District Court of Appeals in Middletown upheld the Warren court's decision forbidding anyone from smoking around Victoria Anderson, 9. Since she was a baby, she has lived with her great-grandmother in suburban Dayton, Ohio; she gets "parenting time" with her divorced mom and dad.

In April 2008, Victoria's paternal great-grandmother, Marilyn Anderson, objected to the child's mother, Racheal Hill, smoking around Victoria during visits. The child returned home "smelling of cigarette smoke as a result of Racheal smoking in her home and car," court records say.

Eight months later, the court ordered all parties to protect Victoria from second-hand smoke; the appeals court, which oversees an eight-county area, upheld the smoking ban Oct. 26.

Disputes over parental smoking have been cropping up in family-court cases nationwide, legal experts say, and the cases highlight two competing interests: A parent's right to smoke versus a child's right to breathe smoke-free air. . . .

the court did something unusual. It "took judicial notice" - without anyone presenting proof in court - of an "avalanche of authoritative scientific studies" that say second-hand smoking poses risks to children.

Taking judicial notice is fairly unusual, said Marianna Brown Bettman, a University of Cincinnati law professor.

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Taking judicial notice
The Ohio 12th District Court of Appeals "took judicial notice" of an "avalanche of authoritative scientific studies" that say second-hand smoking poses risks to children, and so ordered all parties to protect a 9-year-old from second-hand smoke.

• Almost half of all Victorian smokers still light up around children 

Almost half of Victoria's cigarette smokers still light up around children, despite an increase over the last decade in the number of homes that enforce a no-smoking policy.

New research released today by the Cancer Council Victoria found significant improvement in the efforts of parents to keep tobacco smoke away from their kids.

In 1998 just over half of surveyed households had home smoking bans, but in the latest survey just under three quarters of respondents to a phone survey said their household's regular smoker always or usually smoked outside.

If there is a child in the house, it is even more likely (82 per cent) the smoker will go outside.

However the researchers said it was not an even trend. Parents were much more likely to protect their children from cigarette smoke when they were aged under five. There was a belief that as their child gets older they are better able to tolerate or avoid smoke exposure. Also, households in lower socio-economic areas were less likely to enforce home smoking bans.

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• Call to ban smokers from funded IVF 

Couples who smoke, or are overweight, should be denied taxpayer-funded access to fertility treatments until they take steps to improve their health, a visiting expert says.

Professor Nicholas Macklon says Australia should follow the example of New Zealand and other countries, which do not publicly fund assisted reproduction services for couples who are smokers or obese.

"I suggest that Australia should consider this model," said Prof Macklon, who is head of obstetrics and gynaecology at Southampton University in England.

"... and patients should not expect to undertake infertility treatment unless they are prepared to give themselves the best chance of conceiving and having a healthy baby. . . .

Prof Macklon spoke at the Fertility Society of Australia's annual meeting, a three-day event which got under way in Perth on Monday.

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• Eighty per cent of pregnant women in Nunavut smoke 

When Ottawa’s Bob Reid convened a meeting several years ago to discuss Nunavut’s smoking epidemic, the territory’s health officials, Inuit elders and leaders all shared an overriding concern.

Nunavut’s expectant mothers smoked too much, they told him, and required urgent help.

“One of the things that was appalling to community members was the degree to which women continued to smoke throughout pregnancy,” says Reid, associate director of the rehabilitation centre at the University of Ottawa Heart Institute.

Reid, an expert in smoking cessation and behaviour modification, works with heart patients trying to break their addiction to tobacco.

About one-quarter of the 7,000 patients who visit the institute every year are smokers. (Smoking is a leading risk factor for heart disease.)

But the scale of the epidemic among Nunavut’s expectant mothers is of a different magnitude: studies show that up to 80 per cent of pregnant women in the territory smoke.

That level of tobacco use has profound effects on the health of Nunavut’s infants, who suffer the world’s highest rates of hospitalization for pneumonia, bronchiolitis and other respiratory infections.

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• ‘What are these kids breathing?’ 

So began what Kovesi calls the most important research of his career. For the past 10 years, he has sought to explain why the children of Baffin Island have the world’s highest rates of hospitalization for pneumonia, bronchiolitis and other lower respiratory tract infections. . . .

It was well known that Nunavut had high smoking rates, but Kovesi was convinced the problem had to go beyond that since parts of Asia and Africa had similar smoking rates, but not the same kind of pediatric lung disease.

So he led a research team that set about testing air quality inside Nuvavut’s homes. In one study that tested air quality inside 49 homes in four Baffin Island communities, he recorded smokers in 94 per cent of residences.

“Exposure to environmental tobacco smoke was nearly universal,” the 2007 study, published in the Canadian Medical Association Journal, concluded.

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• Spencer Azizul plays on the emotion in anti-smoking ad 

AS this year's Tak Nak anti-smoking campaign enters the final laps, it culminates in showing not just the physical effects of smoking on the smokers but also the emotional toll on both the smokers and their families.

Spencer Azizul Sdn Bhd, the advertising agency tasked with developing the Health Ministry campaign, began the year with graphic ads depicting diseases of smokers.

It has put in more ammunition since July. Spencer Azizul has introduced statistics into the Tak Nak print ads to better convince sceptics and has launched a three-minute TV commercial - the longest TV spot it has ever done.

Health Minister Datuk Seri Liow Tiong Lai told the agency that he wanted the commercial to show not only what smoking did to the smoker but also the effects of smoking on his family and others around him. . . .

Due to its length and budget constraint, the ad cannot be shown frequently, so the agency had to be very selective in the programmes chosen and the periods to air the commercial. It is mostly run during prime time.

Senior copywriter Juliet Tan says now that the ad showcases how families suffer, hopefully the family members of smokers would urge the smokers to stop. "If they get sick, the family members will have to take care of them."

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• The Guilt-Trip Casserole - Dinner and the Busy Family  

"I DON'T need family-dinner studies to guilt-trip me," said Shannon Rubio, a mother of three teenage boys from Spring, Tex. "I do it to myself."

But just in case, Mrs. Rubio, here is the latest, from the National Center on Addiction and Substance Abuse (CASA) at Columbia University:

Teenagers who eat with their families less than three times a week are more likely to turn to alcohol, tobacco and drugs than those who dine with their families five times a week. , , ,

Since the first CASA study in 1996 saw an association between the frequency of family dinners and rates of adolescent substance abuse, numerous other studies have pointed to the importance of the family dinner. They suggest that family dinners have a positive impact on nutrition, verbal abilities, mental health and workers' stress. The news media passionately presses the cause; it's a cornerstone of the slow-parenting movement. . . .

family dinner has become a red-hot item on the good-parent scorecard, by which mothers in particular judge one another and themselves, a tinderbox for networks like Twittermoms.com. (According to the NPD Group, a market research firm, women are responsible for about 80 percent of meals in the home.)

So it's not surprising that many parents, especially mothers, who work night shifts or long hours, or who, like Mrs. Rubio, have teenagers running every which way to activities, are painfully aware that nightly dinners 'round the table are something other families get to do.

Nor is it surprising that many others do veritable back flips to ensure that dinner and diners convene under the same roof, at the same time.

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• Secondhand smoke risks underestimated, survey finds 

About 360,000 Kentucky children are exposed to secondhand smoke every day in their homes, putting them at risk for everything from asthma to ear infections to Sudden Infant Death Syndrome.

That's the word from researchers at the University of Kentucky, who found that many parents are unaware of such dangers when they light up.

A UK HealthCare survey highlighted Thursday found that nearly 1.6 million Kentuckians underestimate the dangers of secondhand smoke, and 45 percent of homes with children had at least one adult who didn't believe it was a serious health hazard. To change such perceptions, UK HealthCare helped launch a state-wide, five-year campaign Thursday featuring educational materials, a school-based program, an interactive Web site, and radio and television public service announcements with John Calipari, UK's head basketball coach.

"We know secondhand smoke is a silent killer, and a lot of people, based on our data, still don't believe it," said Ellen Hahn, director of UK's Tobacco Policy Research Program and Kentucky Center for Smoke-free Policy. "The whole purpose of this campaign is to ratchet up awareness."

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• Multiple factors impact adolescent smoking risk  

There is no one-size-fits-all explanation for why teenagers take up smoking, hint findings of a Canadian study.

Therefore, focusing on one single risk factor is not likely to help adolescents resist peer pressure to smoke, or help advance the understanding of why young people smoke, Dr. Jennifer O'Loughlin and colleagues report in the American Journal of Epidemiology.

O'Loughlin, at the University of Montreal in Quebec, therefore suggests that efforts to prevent smoking should take into account "individual-level factors such as age, self-esteem, alcohol use, and academic success." Those involved should also bear in mind "contextual factors such as smoking in parents and friends, and school smoking policies," she told Reuters Health in email correspondence.

Her group investigated how numerous factors altered smoking initiation among 877 students (half male), who were pushing 13 years of age at the start of the study and had never smoked.

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• Parents Play Key Role In Whether Teen Tobacco Use Becomes A Daily Habit 

Researchers have found new evidence showing that parents play a key role in whether or not their adolescent children who experiment with tobacco progress to become daily smokers before they graduate from high school.

A study published on-line and in the September issue of journal Pediatrics shows that parents can be a positive or negative influence on their children's future smoking habit.

"If parents really don't want their children to smoke they need to communicate that by establishing clear guidelines in their families about not smoking and discuss them with their school-age children." said Min Jung Kim, a research scientist with the University of Washington's Social Development Research Group and lead author of the study.

At the same time, parents can increase their children's chances of smoking by their own use of tobacco.

"If parents smoke, teens have more access to cigarettes than teens who have non-smoking parents. A second preventive measure for smoking parents is to quit smoking themselves," said Kim. . . .

She recommends that parents "should not ignore children's experimental smoking at any age because it put them at great risk of progressing to daily smoking." To do that, parents should:

* Set and enforce clear guideline about tobacco.

* Monitor to ensure that your children are following your guidelines.

* Know and monitor your children's friends.

* Provide clear, consistent and positive consequences for following those guidelines and appropriate, consistent negative consequences for violating them.

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• Parents important in teens' smoking risk: study  

Friends and parents have a strong influence over whether teenagers move from experimenting with cigarettes to becoming full-fledged smokers -- but so do parents, a new study finds.

The study, which followed 270 teenagers who had become occasional smokers before high school, found that 58 percent made it a daily habit by 12th grade.

But the likelihood of that happening depended partly on friends and parents, according to a study published in the journal Pediatrics.

"We found that parents play an important role in preventing teens' smoking escalation from experimental to daily smoking," Dr. Min Jung Kim, of the University of Washington in Seattle, said.

When friends or parents smoked, teens were more likely to become daily smokers.

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• Smoking May Worsen Malnutrition In Developing Nations 

A new study finds that smokers in rural Indonesia finance their habit by dipping into the family food budget--which ultimately results in poorer nutrition for their children. The findings suggest that the costs of smoking in the developing world go well beyond the immediate health risks, according to authors Steven Block and Patrick Webb of Tufts University.

The study is published in the October issue of Economic Development and Cultural Change.

Using surveys of 33,000 mostly poor households in Java, Indonesia, the researchers found that the average family with at least one smoker spends 10 percent of its already tight budget on tobacco. Sixty-eight percent of a smoking family's budget goes to food, and 22 percent for non-food, non-tobacco purchases. The average non-smoking family, on the other hand, spends 75 percent of its income on food and 25 percent for non-food items.

"This suggests that 70 percent of the expenditures on tobacco products are financed by a reduction in food expenditures," the researchers write. . . .

The decrease in child nutrition associated with a parent who smokes is "an intuitive but rarely documented empirical finding," the researchers write.

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The combination of direct health threats from smoking coupled with the potential loss of [food] consumption among children linked to tobacco expenditure presents a development challenge of the highest order.
Steven A. Block and Patrick Webb. Up in Smoke: Tobacco Use, Expenditure on Food, and Child Malnutrition in Developing Countries. Economic Development and Cultural Change, 58:1. (October 2009)

• Mother's smoking increases daughter's pancreatic cancer risk 

A woman who smokes during pregnancy and motherhood appears to boost her daughter's odds of developing pancreatic cancer, the deadly disease that will strike an estimated 21,420 women (and 21,050 men) this year.

Researchers from Harvard University and Imperial College London looked at pancreatic cancer rates in the Nurse's Health Study, one of the nation's oldest and largest studies of women and influences on their health. Although it's long been known that tobacco use is associated with higher rates of pancreatic cancer, researchers wanted to explore the effects of secondhand smoke on a person's risk of developing the disease. In the 24 years over which the women were followed, 384 of 86,673 women were diagnosed with cancer of the pancreas.

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• Smokers banned by Welsh council from adopting or fostering children 

A COUNCIL has become the first in Wales to impose a blanket ban on smokers adopting or fostering children.

Anti-smoking campaigners last night welcomed the move by Merthyr Tydfil council, but critics have pointed out there are already not enough foster parents in Wales.

They fear the changes might discourage potential carers from coming forward and could jeopardise the future of children already in the care of smokers.

Increasing numbers of local authorities, including Cardiff and Pembrokeshire, have banned smokers from fostering children under five but this is the nation's first blanket no-smoking rule for foster carers and adopters.

Roslyn Rees, head of operational children's services at Merthyr Tydfil council, said: "The health, safety and well-being of children and young people are at the heart of policies and practice related to children.

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