Smoking is a choice, sure, but it happens to be a choice that is potentially damaging to children in the household. Not allowing smokers to become foster parents doesn't take away their choice to smoke, it just means that people who choose to smoke, thereby making their household less suitable for children, aren't allowed to become foster parents. It's also a choice to leave dirty dishes in the sink to grow mold, to intentionally feed the mice in your house instead of killing them (I've actually done that), to leave sex toys lying around the house, to travel all the time or stay out late every night, to eat nothing but microwave dinners and Pop-Tartes, to never clean your apartment, to not fix a leaking roof, to never wash your clothes or hair, to never wear clothes in your home, to host sex parties with consenting adults in your home, and so on... But doing those things would generally disqualify you from being a foster parent. Refusing to place foster children with people who choose to live in a manner that makes their home an unsuitable environment for their child doesn't take away their right to choose to live that way. Becoming a foster parent isn't a right -- it's conditional on demonstrating the ability to adequately care for a vulnerable child, and maintaining a safe and healthy home environment suitable for a child.
Also, even if the foster parent only smokes outside, what kind of example are they setting for their foster child? Kids in foster care have been separated from their parents, and most have been abused or neglected, which makes them especially vulnerable to turning to drugs and alcohol. And kids who see their foster parent smoking, and have easy access to cigarettes (which they would if their foster parent has cigarettes, even if he/she only smokes them outside), is a lot more likely to start smoking him/herself. And while it's eventually the child's choice to smoke if he/she wants to, it's illegal until he/she reaches the legal age, so it doesn't infringe on anyone's right to smoke to take measures to reduce the chances of underage children smoking.
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