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Army CYS Denied child care to my non-vaxed daughter.

post #1 of 15
Thread Starter 
My husband went to sign our oldest daughter up here with the state vax waiver (religious) and was told the nurse would have to get back to him. I called her a week later hearing nothing back and she said she e-mailed the high boss about this and my daughter could take dance classes but could not be signed up for child care at all on post, no hourly care if I need it. I asked her for the e-mail to this person and she said she would not give it to me, that the lady was in the hospital with her husband in critical care now. I told her I want to take this to JAG to get some help as we just came from a military post and my un-vaxed kids where signed up for hourly care with no issues and we have never had issued any place else. She said she would e-mail over the higher boss head to get this to me in writing and it could take a long time to do.....

Keep in mind we do not need the hourly care but if we did, we should be able to use those services in my opinion and I think legally they should allow us to.

Never mind the nurse thinking she could argue about vax and the danger she thinks my children are in... grumbles.

She said regulation supports her in this... huh? :
post #2 of 15
Quote:
Originally Posted by Kontessa View Post
Never mind the nurse thinking she could argue about vax and the danger she thinks my children are in... grumbles.

She said regulation supports her in this... huh? :


She's just on a major power trip...I think you should go over her head ASAP.
post #3 of 15
Quote:
Originally Posted by emma1325 View Post
She's just on a major power trip...I think you should go over her head ASAP.
yeah that.
im sorry that youre dealing with such nonsense. i hope you're able to work it out quickly and easily.
post #4 of 15
Thread Starter 
Other than going to JAG I am not sure who to go to on this. I think thanks to here I have found the supporting regs that should help but not sure what to do with them.

I also should say the last month or so my family has had some tragic things happen around us and my spirit is kind of low and I am just not sure I am up for a battle right now.

I worry though, that if each of these issues (And I have just been reading up on others here) are not addressed then I worry our freedoms to make choices we feel are best for our children might slip away in the night.
post #5 of 15
If all else fails contact your congressmen; I'd carry their contact numbers in your purse along with the following regs (look them up and print out the actual pages).


If you don't have it in writing it didn't happen. People WILL LIE to you to get you to go away.


Quote:
She said regulation supports her in this.
Everyone you have to talk to will tell you a different requirement. Always demand (nicely) that they put their request in writing, reference the regulation, and sign their name to it.

I would file an ICE complaint against the nurse.

The sample letter I have below actually includes the Army regulations. JAG is usually useless in these situations.


The Army reg says, "A waiver of the immunization requirement must be approved in writing by the Chief, Preventive Medicine or
health consultant."


I might take the letter below, notarize it, and take it to nurse nasty.


Remember that you are a civilian, your children are civilians, and that they are not disease infested swamp things ). Also, as a civilian you can be Wiccan or Catholic and still be "opposed to the practice of immunization". The Chaplain can govern the exemptions of service members but not dependents. If you have a sympathetic person in your dh's chain of command you may want to take them to any meetings; in any case you will want a witness and to write down what they have told you immediately afterwards.


[quote]


MOTHERING THREAD
http://www.mothering.com/discussions/member.php?u=51507


DODEA
Quote:
http://www.dodea.edu/foia/iod/pdf/1005_1.pdf

Link not current; I believe it is DODI 6205.1 Immunization Requirements for DoD Dependants Schools, Section 6 Schools and Day Care Centers Operated by DoD, though I've also seen it referenced DOD Directive 1342.6/DoDEA Instruction 6205.1 .


On page 70 (section 18.2):

"18.2.1.3 Religious — A student’s parent/sponsor may claim exemption from the DoDEA immunization requirements for religious reasons. If the parent maintains the need to continue the religious exemption during a documented outbreak of a contagious disease, the student will be excluded from school for his/her protection and the safety of the other students until the contagious period is over. Religious exemptions require a written statement from the parent/sponsor stating that he/she objects to the vaccination based upon personal beliefs. "
and...
Quote:
Paragraph 3-2.b.(4) at the bottom of page 10 of this document:

http://www.vaccines.mil/documents/969r40_562.pdfIt specifically states, "(4) Department of Defense schoolteachers, daycare center workers, and children attending DOD–sponsored schools
and daycare centers or similar facilities on military installations.
"
ARMY
Army Regulation 40–562
BUMEDINST 6230.15A
AFJI 48–110
CG COMDTINST M6230.4F

http://www.vaccines.mil/documents/969r40_562.pdf
pg. 10, section 3.2, para 4 says:

Quote:
In addition, all other age appropriate ACIP–recommended vaccines for children are required unless there is documentation of previous immunization, religious exemption, or medical contraindication.
Army Regulation 608-10

http://www.army.mil/usapa/epubs/pdf/r608_10.pdf
4-6
(2) A waiver of the immunization requirement must be approved in writing by the Chief, Preventive Medicine or
health consultant. Parents must be counseled that children with waivers will be excluded from the program in the event
of vaccine preventable communicable disease outbreak.


C–37. Compliance item 15.

c. Equivalency. A waiver of immunizations signed by Chief, Preventive Medicine may be considered for religious
convictions. Parents must be counseled that the child may be excluded during an outbreak of vaccine preventable
communicable disease.

~~~~~~~~~~~~~

Quote:

To whom it may concern;



(We / I) {First and Last name(s)}, as the {(parent (s) / guardian(s)} of ______________________(name of newborn child) are exercising (our/my) rights under the US Constitution, Army Regulation 40-562, BUMEDINST 6230.15A, AF JI 48-110, CG COMDTINST M6230.4F , section 3.2, para4, and Army Regulation 608-10, section 4-6, para 2, to receive Religious Exemption from Vaccination, due to our genuine and sincere religious beliefs which are contrary to the practices herein required.


The U.S. Supreme Court held in Frazee V. Illinois Dept. of Security, 489 U.S. 829, that a religious belief is subject to protection even though no religious group espouses such beliefs or the fact that the religious group to which the individual professes to belong may not advocate or require such belief. This ruling is also reflected in Title VII of the Civil Rights Act of 1964 as amended Nov. 1, 1980; Part 1605.1-Guidelines on Discrimination Because of Religion.


Sincerely,

Your signature.
Date
"Remember that you can file ICE reports online for ANY bad and good experiences you have at any military facility (military doctor, the commissary, exchange, etc.). They will always follow up on your report and try to remedy the situation. The ICE system is done through DOD and stands for Interactive Customer Evaluation."
http://ice.disa.mil/
post #6 of 15
post #7 of 15
Thread Starter 
We are trying to go in about this again wondering how we get this done by the Chef?

Army Regulation 608-10

http://www.army.mil/usapa/epubs/pdf/r608_10.pdf
4-6
(2) A waiver of the immunization requirement must be approved in writing by the Chief, Preventive Medicine or
health consultant. Parents must be counseled that children with waivers will be excluded from the program in the event
of vaccine preventable communicable disease outbreak.


Do we make an appointment with him to do this and what if he chooses not to approve it?
post #8 of 15
Kick him? wish I had something more helpful.
post #9 of 15
Quote:
She said regulation supports her in this... huh?
Ask her for a copy of that regulation, in full, so you can read the entire regs with the exemption which I am sure is there.
post #10 of 15
I have heard from many people (military and civilian) that this is one of the gotchas with military and non-vaxing. They can deny your child entrance to military sponsored activities and care. The reg that keeps getting quoted on this thread says that specific people must approve the waiver and if they don't, you're screwed...such is life with the military.

Jenn
post #11 of 15
This is why I don't even bother with CYS!
post #12 of 15
Thread Starter 
We are STILL getting the run around and nothing yet is writing. I am sending a more formal letter to the nurse who has tied all this up. If that does not work, what else can I do? After this next round of communication with the nurse I will of course be looking in ICE. The nurse is really combative and thinks she has the right to debate with me on this. :

Our update, the nurse oked our oldest daughter to take the dance class, and only dance class as it turns out, and said class is no longer happening as there is no teacher for it.
post #13 of 15
Wow I'm sorry! The only advice I can give you is to not engage in any debate about the merits of vaccines with her. My mom calls it the "broken record syndrome" - you simple state something and no matter what is said, you repeat your statement. In this case I think it would be something like "I am not interested in discussing my religious beliefs with you on this matter" over and over until she gets the hint.
post #14 of 15
ok I am going through something similar but you know what there is more we can do here is my story...

basically here is the deal. I called cys and the lady on the phone said my kids wouldnt be able to play sports w/o immunizations. I said well my kids have religious exemptions for them (the dod school even accepted them) these are notorized, like they are legally supposed to be in this state and everything! All legal basis covered here. She goes well we are the DOD and we dont have to do anything. So I am very angry about that still and I know its BS (I AM PRIOR MILITARY TOO BTW). Then she goes well we have where you can send in an exception to policy letter but they dont have to accept it. I dont feel like I should have to turn one in since legally the state says I dont with the religious exemption and even if they are dod ran the school took it and they are dod ran kwim? I mean and then if I do turn the Exception to policy letter in and they deny me, they're going to get slammed by me ? I I am 100% frustrated. I will hire an attorney and sue them , there is even an attorney here in town that used to be a JAG officer. The gov will compensate you and even though I dont want their money I will drag this out and make everyone that works for the cys at ft benning georgia look like fools if I have to. My husband has fought in a war three times and I served and you are telling me that I have no rights when it comes to my children. Its also discrimination by a US gov employee to deny your children esp if you have a religious exemption. YOU can sue them, your husband cant but you can and I can. I wont be bullied by the government, I will not have them control me. They can control my husband but they wont do that to me. I have to come up with 150$ for that attorney and if I have to ask strangers for donations for it I will. They aren't going to discriminate against my children not on my watch!. I'm out for blood now I'm finished being rational and I am finished with the bullying.
post #15 of 15
oh and we can also contact our congressmans that usually puts them in their place somewhat.
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