For all his adult life, if Lee Baumann wanted to smoke a cigarette in his house, he could -- whenever he pleased.

That's not the case anymore for Mr. Baumann or any other foster parent like him in the state.

Now the pack-a-day Salem smoker is not allowed to light up anywhere in his house or car when his 9-year-old foster son is around for the simple fact that it is illegal.

A little-publicized portion of the state's new Clean Indoor Air Act -- which prohibits smoking in numerous public places like bars and restaurants and some private ones -- has altered Mr. Baumann's daily routine.

The law takes away his freedom to smoke, Mr. Baumann, 53, of Murrysville groused recently. "I live on my back porch.".....

Not only that, he complains that the state changed the rules midstream.

"That's not the contract that I entered into. It didn't matter whether you smoked in your house or not. Nobody cared. Now the rules got changed," said Mr. Baumann, a self-employed contractor and former law enforcement agent.

The law, which took effect Sept. 11, forbids smoking in private homes or vehicles being used for child-care or "services related to the care of children and youth in state or county custody." That includes foster homes.

Foster parents are still allowed to smoke at home or in vehicles as long as the foster child is not around, according to state Department of Health spokeswoman Stacy Kriedeman.

People such as Mr. Baumann now have to post "No Smoking" signs in their residences.

Mr. Baumann said the boy living with him, his wife and 16-year-old son is his third foster child, and he has no plans to give him up over a cigarette. But the self-avowed libertarian, a smoker since age 12, does not think the government should be telling him what to do in his own house.

"I'll admit that my rights stop at the nose of somebody else, but that needs to go in return," Mr. Baumann said.

"I will either quit or I will modify because I am not going to damage the potential for kids who need qualified foster parenting because I want to smoke. Let's get real," Mr. Baumann said. "But on the other hand, my libertarianism comes through and I say, 'At what point are my rights violated?' "

Mr. Baumann and other foster parents represent only a small slice of those affected by the broad state smoking ban, which has aroused the ire of tavern owners and their smoking patrons.

While figures are not available for the number of certified foster parents in Pennsylvania, on any given day there are about 20,000 children statewide in foster care, including group homes. There is no way to tell how many foster parents smoke.

The balance of privacy and government intrusion concerns the Pennsylvania Council of Children, Youth and Family Services, a Harrisburg-based trade group. The group worries that the restriction will make it even more difficult to attract foster parents, of which there are never enough.

"It adds an additional challenge to recruiting families," said Bernadette Bianchi, the group's executive director, though she noted that it would be months before she could gauge the impact.

"Certainly there's merit and we would want to prevent children from being exposed to second-hand smoke," Ms. Bianchi said. "This seemingly crossed over on that line of a private residence. Foster parents are not employees of an agency."

Liz DeLosa, manager of placement services for Every Child Inc. in East Liberty, said the law is fine as long as it does not cause disruptions within the child welfare system.

"I just would hate to see children already bonded to families be disrupted from that home because of a family's unwillingness to quit smoking," Ms. DeLosa said.

Violations "may very well lead to removal, God forbid. Honestly, that kind of sticks in my gut. What's more traumatic for a child, second-hand smoke or possibly being removed from a situation that they're bonding to?"

As the bill was being put together by legislators, the state Health Department advocated for the most "comprehensive" smoking ban possible, Ms. Kriedeman said.

The state Department of Public Welfare, which regulates foster homes, said it has the best interests of children at heart.

"The health and safety of our kids is priority No. 1 for us every single day," department spokeswoman Stacey Witalec said. "I understand what [Mr. Baumann's] concerns are, that government is coming and mandating something in his home. But at the same time we have to protect the child that is in his care. End of story."

It sounds simple, but there are complicated questions arising from the ban. What should foster parents do, for instance, with foster children who smoke? How should smoking foster parents pay for cessation programs? Will foster parents who feel they are being forced to quit be able to do so if they really don't want to?

Simply being a smoker will not preclude someone from serving as a foster parent. First violations currently result in no more than a letter from the state. And state officials are not planning to pre-screen parents.

But some placement agencies, such as Every Child Inc., are forcing foster parents to sign a pledge not to smoke in their home or vehicle while their foster child is present. Ms. DeLosa said her group was asked to draft the pledge by its overseer, Allegheny County.

"We would no longer be certifying or recertifying any foster families who are smoking within their home. Needless to say we have some pretty angry foster parents," Ms. DeLosa said.

Under the law, a violation can trigger a $250 fine. And on a local level, children might be turned into informants.

Allegheny County caseworkers visiting foster children might ask whether their caretakers are smoking in the house, said Elaine Plunkett, a spokeswoman for the county's Department of Human Services.

Despite Mr. Baumann's irritation and sense of inconvenience, he acknowledged that the smoking ban is good for his foster child's health.

Nevertheless, he believes state government should expend its energy on ironing out other problems, such as those in the juvenile justice system, rather than focusing on smoking in foster homes.

"What I'm saying is in the grand scheme of things, would the Legislature's time be more valuable addressing the abuse of children ... or my smoking," Mr. Baumann said.

"We spend all the time on that issue. How much time do we spend on alcohol? And I will guarantee you there is more damage done in this society by alcohol than by cigarettes," Mr. Baumann said.

State Rep. Joseph Markosek, D-Monroeville, whose district includes Murrysville, spoke at length with Mr. Baumann recently. Mr. Markosek said in an interview that it may be worth re-examining the ban "if it does create a problem for foster parents and perhaps recruiting or keeping foster parents."

However, the legislator said he doesn't think his colleagues would risk modifying the law considering how long it took to put together and because it would be the start of a slippery slope for those wanting to change other sections.

Apart from fears among some that the ban will become an impediment to attracting foster parents, there seems to be no opposition to the desire to protect children from smoke.

"So far we haven't seen any changes in our abilities to recruit families. Families are made aware of this and many, many other rules and regulations that are state-mandated and that are upheld by our organization," said Brandy Kift, spokeswoman for Families United Network in Lycoming County.

"I think this just gets added to the list and if someone is truly dedicated and wants to be a foster parent I don't think this will affect them," Ms. Kift said. "I know this is an inconvenience for folks who've smoked for years, but unfortunately there's nothing that we as an organization can do for them."

"I think it's good," said Jesse McLean, manager of foster care and community partnerships with Family Services of Western Pennsylvania in East Liberty.

"I think we all know what data shows in regards to secondhand smoke, and a child doesn't ask to be put in that situation," Mr. McLean said.

Out of 61 foster families his group works with, only three have smokers, Mr. McLean said. There has not been any outcry.

"They're OK with it," Mr. McLean said. "I don't think it's going to discourage foster parents. I think it will just let them see the importance of taking care of a child who is coming into your home because [the state's] standards are much higher, and they should be."