A nonsmoking mother challenged the order of the trial court, which allowed joint physical care of the child with the father, who smokes.  The trial court ruled that the father is an active and caring parent and that his “smoking habit does not preclude him from having joint physical care of” the child. Reported at 739 N.W. rd 503, 2007 Iowa App. LEXIS 1376.

Horn, et al. v. Arkansas Department of Health & Human Services, 2007 Ark. App. LEXIS 612.  The trial court terminated the parental rights of the parents of a child who was diagnosed as a “medically fragile” and “failure-to-thrive” infant shortly after birth.  The appellee department took custody of the child four months after his birth; two months later he was adjudicated dependent-neglected.  The trial court ordered that no smoking take place in any home where the child resided or visited.  After that order, case workers visited the home and determined that the parents were “disheveled and smelled of smoke.”  The mother said she had quit smoking but had one cigarette per week at her grandmother’s house. The Court of Appeals of Arkansas, Division Four, affirmed the trial court’s judgment to terminate the appellants’ parental rights, noting that “[s]moking has been considered a factor in affirming a termination of parental rights where a medically fragile child is involved.”

2007 Iowa App. LEXIS 888