Mothering › Forums › Health › Vaccinations › Forced to vaccinate? What are my options?
New Posts  All Forums:Forum Nav:

Forced to vaccinate? What are my options? - Page 2

post #21 of 30
Quote:
Originally Posted by VeezieTG View Post
i'm in fl, have an exemption, and do delayed and selective vax. without your consent, under hipa, your ped can't give your vax info out to the sitter, so an exemption would be fine in that case... idk about pub school... n here in broward they could kind of care less about a family's personal preference as long as the paperwork is right. also, the way the form is worded, you're getting religious exemption from vaccinating, not all vaccines. its worded just about right, as far as i'm concerned...
Exactly--get the excemption and don't bother giving her a copy of your vaccine records. As far as anyone is concerned, you don't vaccinate.
post #22 of 30
Quote:
Originally Posted by serenbat View Post
-----really-how?

How do you force someone to take a child vaxed or on un-vaxed?



This is a private person/business and they have every right to pick and choose. The poster did not state that this is a facility being given state or federal funds. I certainly don't see this a case to sue over.



An professional has the right to refuse the client, this happens all the time. Dr. do it all the time-they are licensed!

She may just want to have vaxed children in her care. There are many sitters that do not want un-vaxed clinets.

I don't think you can compare doctor's offices to child care facilities...apples and oranges IMO.

If you actually read the state law's...many of them include private schools and daycare facilities. This means that they have to maintain proper records and should be accepting exemptions as well. Some states do not include private schools/facilities in their laws. Some do. I would think if they do, then they do need to abide by the law and if they didn't, the person would have a legal discrimination case. I'm not saying I'd sue over it, but it would be a valid case. It would be fairly easy for this sitter to NOT take this child if she didn't want to. All she would have to do is cite some other reason, so it's really neither here nor there. It's semantics. If this sitter has a problem with unvaxed kids, she will find a way not to take them. But just because she is a private business, the fact that the way Florida law is written includes private daycare providers, she does need to follow the law. It would be the same as a private school denying entrance to a child whose parents have religious objections to vaccinations.

The part about the private school or facility receiving public funds only applies in states where it does not spefically address private school facilities in the written law. That's my understanding anyway.
post #23 of 30
i am going to go out on a limb here and politely suggest that most of the PPs have not given you solid counsel.

l live in FL. my ds1 was partially vaxed, and then i stopped. by the time i had ds2, i was no longer a vaxing mama. when ds2 started kindy in 07, i handed in a DoH681, religious exemption from vax form. bc ds1 was starting 7th grade that year, and certain vaxes are "required" for 7th grade, i took that opportunity to submit an DoH681 for him as well.

required documentation of vaccine status is legally required for daycares in FL. a daycare being run out of a private residence, esp once licensed, is a business and a school and fully subject to FL vax laws. therefore, the DCP does in fact need somethign from you.

however, the vax requirements, understandably, are not completely fulfilled in a 12 mo old baby. many boosters are still months if not years away. so, at this point, all you need to give the DCP is a copy of the record of whichever vaxes have been given up to now.

if you choose to turn in a vax exemption, it must be the blue cardstock form that you obtain from any local HD, aka "clinic". you CAN NOT simply write a letter stating you are delayed/selective. you can write such a letter, but it wont be accepted as complying with the law, and i personally feel it muddles the right and wrong of things when well-intentioned parents submit "documentation" of their own creation that goes above and beyond what the law requires. the NVIC agrees with this line of thought.

also, if you choose to submit an exemption, you cant go back and turn in proof of any future vaxes you may do later on. as far as the daycare and future schools go, your dc will be exempt, which to them will have to mean not having received ANY vaxes after the date of the exemption. so...

if your dc is enrolled in SHOTS (electronic vax records) the school can go in and see what vaxes were given and when. you are automatically enrolled upon adminsitration of the 1st vax, usually hepb at birth. you are only NOT enrolled if you opt out. so...if you havent opted out of SHOTS and you keep doing del/sel vax, then enroll your dc in public kindy and hand in an exemption, the school is legally permitted to look into SHOTS and can then see you were "exempt" the 1st day of kindy but had a booster the 5th day. not a good situation to be in. your exemption will be rejected and you will have maybe 30 days, maybe none, depending on the mood of the official that day, to become fully up-to-date with FL vax requirements.

so, for PPS who said the ped wont give the record to the school...not quite, but the ped has uploaded the vax record to a database which the daycare and school can access, and its prefectly, disgustingly legal.

i dont recommend an exemption in your case. i do not have 1st hand experience with daycare, other than a few months my ds1 spent in a montessori preschool 10 or 11 yrs ago immediately prior to kindy. at that time, i was just about at the point of becoming a non-vaxer, so the preschool got his DoH680 shot record.

i was able to find a copy of "Immunization Guidelines-Florida Schools, Child Care Facilities and Family Day Care Homes" for more specific info wrt to home daycare centers. it says:

"D. Licensed childcare facilities and family daycare homes:
Children entering or attending licensed childcare facilities and family daycare homes shall have received as many of the following age-appropriate immunizations as are medically indicated in accordance with the current Recommended Childhood Immunization Schedule:

Diphtheria, tetanus, and pertussis vaccine
Polio vaccine
Measles vaccine
Mumps vaccine
Rubella vaccine
Varicella vaccine (Effective July 1, 2001)
Haemophilus influenzae type b (Hib) vaccine
Pneumococcal Conjugate vaccine (Effective January 1, 2008 for children 2 to 24 months of age)"

so, what is age appropriate? how close are you to the FL schedule? (not the AAP or CDC of WHO or whatever schedule, the FL one. gov't and trade organizations make "recommendations", state boards of education make "requirements")

sorry for the long post, but i want you to have correct info. heres the page where i got the info i copied just above. best wishes!
post #24 of 30
sorry, wanted to add that there appears to be an option of a temporary medical exemption. if you doc is on board with del/sel vax, maybe he or she can to a TME to satisfy the DCP about you being "behind".

its DH680, part B
post #25 of 30
It seems like there are 2 separate issues at hand -

* What would the OP need to do to obtain a legal exemption for daycare in her state & how can she discuss the issue with her sitter, assuming the sitter is unaware of vax mandates including legal exemptions

* how does one determine whether daycare providers MUST admit children with legal exemptions or whether they MAY admit children with legal exemptions (ie, how can one know if it is legal for a daycare provider to refuse admission to children with legally permissible exemptions)
post #26 of 30
Daycare providers are generally covered under the same state statute as schools/private schools. I don't know of any state where the daycare requirements are different than a schools.

As for the business part of it, this DCP ceases to be a caregiver in her private home when she gets licensed. From that point on, she is a business and must function under the state laws as such.

Jenn
post #27 of 30
Quote:
how does one determine whether daycare providers MUST admit children with legal exemptions or whether they MAY admit children with legal exemptions (ie, how can one know if it is legal for a daycare provider to refuse admission to children with legally permissible exemptions)
and isn't it how does one force a person to take a child? you can hand in an exemption and the caregiver can still may up another reason and dismiss the child

Quote:
From that point on, she is a business and must function under the state laws as such.
clients are dismissed all the time from all types of legal businesses- can someone explain how you must take someone? lawyers, doctors, barbers, etc do this all the time-how are child centers protected and above dismissing a client?

can't it really come down to filing a suite if you think you were wronged and in the end why would any one want their child in someone's care if that person didn't want the child-excuses are made everyday
post #28 of 30
Ok, well I'm just curious from the op what has come about? I'm in Florida too. I would suggest perhaps find a like minded group-if you haven't already-and seeing if anyone can recommend a sitter they like, or would be willing to baby sit? I used yahoo to find ap parenting groups near me. This way, if you run into a problem with your current sitter, you either have a back up, or maybe want to switch to avoid the whole vaccinate issue.
post #29 of 30
Quote:
Originally Posted by serenbat View Post
and isn't it how does one force a person to take a child? you can hand in an exemption and the caregiver can still may up another reason and dismiss the child


clients are dismissed all the time from all types of legal businesses- can someone explain how you must take someone? lawyers, doctors, barbers, etc do this all the time-how are child centers protected and above dismissing a client?

can't it really come down to filing a suite if you think you were wronged and in the end why would any one want their child in someone's care if that person didn't want the child-excuses are made everyday
Yes, clients are dismissed all the time from all sorts of businesses. But, in this particular instance, children are protected and given the right by law to care, given their parents follow the vaccine requirements. An exemption meets those requirements.

Now, whether or not the provider would give a different reason for the dismissal, and whether or not the parents would even want their child in their care if it was an issue is an entirely different subject. OP's original question seemed to be on a misinterpretation of the law, not an illegal dismissal and the principle behind what her child care provider was doing.
post #30 of 30
Quote:
Originally Posted by amnesiac View Post
It seems like there are 2 separate issues at hand -

* What would the OP need to do to obtain a legal exemption for daycare in her state & how can she discuss the issue with her sitter, assuming the sitter is unaware of vax mandates including legal exemptions

* how does one determine whether daycare providers MUST admit children with legal exemptions or whether they MAY admit children with legal exemptions (ie, how can one know if it is legal for a daycare provider to refuse admission to children with legally permissible exemptions)
i answered this in my post.

#1: submit form DH681 which is obatined at a local health department. no discussion, emaila link to the regs to the DCP

#2: they must. if they dont want to, they will have to find another reason, which is discrimination just the same as refusing a child for having an exemption

schools are not like doctors offices which can fire you for being exempt. schools are under the states vax law and therefore must accept the exemption.

OP, update please!
New Posts  All Forums:Forum Nav:
  Return Home
  Back to Forum: Vaccinations
Mothering › Forums › Health › Vaccinations › Forced to vaccinate? What are my options?