Daycare in NY - I knew this day would come...

[MsLondon]

Im really distressed! I dont know if I have just been burying my head in the sand about this or what.
so dd is 2 1/2 and I want to put her in daycare one day a week. theres a really nice one just opened in my area and they have places available now. So I was speaking to the administrator and everything was going well and she said i just have to go in to register and DD can start right away - 'well as soon as your pediatrician fills out a form about immunizations and stuff'
uh-oh

I knew i would have problems with this, and now i dont know what to do next! I dont even know if this daycare is completely private or receive any government funds. I havent even started the ball rolling with regards to a religious exemption and I dont know where to start!
any advice would be great!

[Marnica]

Hopefully a new york mama will weigh in here but it would be easy to find out if this daycare is totally private or receives gov. funds. Just call and ask.

here is the laws/exemption info for NY:
http://www.nvic.org/Vaccine-Laws/sta...s/newyork.aspx

[MsLondon]

thank you Marnica.
I have the form downloaded but havent a clue what to say as I know you have to be extremeley careful with your wording on the form, as I know NY is one of the toughest states to get a religious exemption approved.
There were some great examples on here if I remember correctly - but do you think i can find them now?? nope!

[Marnica]

I don't thin it matter in nY if the daycare or school is private...they still must follow the exemption laws

The term ‘school' includes any public, private or parochial, child caring center, day nursery, day care agency, nursery school, kindergarten, elementary, intermediate or secondary school."

Have you considered contating Gary Krasner with CFIC??

I wouldn't risk it. NY is tough! Give them a call and see if they can help you!

http://www.cfic.us/

[Emmeline II]

Your religious beliefs can change, so you can exempt a previously vaxed child. You could also pretend your child is not vaxed to make life easier.


Some states, like NY(contact Gary Krasner for help -- On the NYS form they request that your letter:

-explains why are you are requesting the exemption
-describes the religious principles that guide your objection to vaxes
-indicates whether you are opposed to all vaxes, and if not, why you are opposed to some vaxes but not others

As long as your letter covered those 3 points then they shouldn't ask for any "supporting evidence".)


and NJ allow the state to question the sincerity of your beliefs; the following is VERY important.



-For a religious exemption you need to be "against the practice of vaccination". If you give your reasons to be against vaccinations as:

"I'm against vaccination because they use aborted fetal cells" - This is a philosophical reason.

"I'm against pre-marital sex and some vaxes are for sexually transmitted diseases." This is a philosophical reason.

Again, you have to be against the the practice of vaccination. For a more through explanation of why this is read the Wexler decision below.

-Also, you DO NOT have to be a member of a religion doctrinally opposed to vaccination. You can be Wiccan, Lutheran, Catholic, Jewish, church of the flip flops, and still claim a religious exemption do to your personal religious beliefs against the practice of vaccination. Dr. Mercola does a good job of explaining this in my Religious Exemptions link below (you may have to register to read it).

-One more thing, you do not want to include specific biblical verses as your interpretation could be challenged. You need to describe your personal religious beliefs.


-Require that all questions regarding your exemption be in writing and give answers in writing. Do not give verbal responses.



How to Legally Avoid Vaccinations

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Religious Exemptions

The Wexler Decision

To find out what exemptions are offered by your state (for school and such) check here:
http://www.nvic.org/Vaccine-Laws/sta...uirements.aspx
http://www.novaccine.com/law-exemptions/


All states except West Virginia and Mississippi offer religious and/or philosophical exemptions, and the supreme court ruled that you do not have to belong to a non-vaxing religion or have clergy sign your religious exemption. Exemptions can be submitted in lieu of vaccination records (I would do it this way).

State mandatory vaccination laws have their roots in the 1905 U.S. Supreme Court decision, Jacobsen v Massachusetts. A Swedish Lutheran pastor, Reverend Henning Jacobsen and his son objected to a law requiring revaccination with smallpox vaccine because they had suffered severe reactions to the first vaccination. The nine Supreme Court justices at the turn of the century denied Jacobsen and his lawyers the right to present scientific evidence for harm caused by the smallpox vaccine, preferring to believe the lawyers representing public health officials who convinced them that doctors could predict ahead of time who would be injured by vaccination.

100wds.



A US Federal Court ruling (binding on NY only) that determined that you do not have to belong to a particular religion to use a religious exemption is:
Sherr v. Northport-East Northport Union Free Sch. Dist., 672 F. Supp. 81, 89-90 (E.D. N.Y. 1987)
http://www.vaclib.org/exempt/consent.htm

http://www.cdc.gov/vaccines/vac-gen/...es_chptr13.htm

"Just say that you believe God (I personally prefer the Universe, but it's best just to conform to the typical Judeo-Christian thing for the sake of getting it done) created us perfect and you believe that it is wrong and arrogant to believe we can improve upon God's perfect creation. Therefore, it would be a violation of your religious principle's to vaccinate your perfectly healthy children."

Sample Religious Exemption Letter(change the state law reference):

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, PUBLIC HEALTH LAW, ARTICLE 21. CONTROL OF ACUTE COMMUNICABLE DISEASES,TITLE VI. POLIOMYELITIS AND OTHER DISEASES, NY CLS Pub Health § 2164 (2002), to receive Religious Exemption from Vaccination, ALL injections, prophylaxis, & testing 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

[MsLondon]

thank you Emmeline very much.

I tried to contact Gary Krasner at the CFIC, but neither the website or phone number will connect. ???

[Marnica]

Originally Posted by MsLondon

thank you Emmeline very much.

I tried to contact Gary Krasner at the CFIC, but neither the website or phone number will connect. ???

I just called...there is a very long pause (in which there is no ringing sound oddly enough so I can understand why you think that the call is not going through)...after a minute or two you will get Gary's voicemail where he asks you to leave your name and number. As for the website I have no trouble getting it to open with the link I provided above

[MsLondon]

ah thanks Marnica.
yeah i can get into that website now, probably a glitch on my computer (as always!)
i will try his number again, and be a little more patient this time
I was able to reach one of his colleagues on another number and left a message with her.
thanks for your help