My religious Vaccine Waiver was rejected! - Mothering Forums

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#1 of 30 Old 09-30-2006, 12:22 AM - Thread Starter
 
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The religious waiver form provided by the Hawaii department of health, immunization branch that I filled out was rejected! The pre-school gave me their own form which is much more complicated and requires me to:

name which immunizations have not been received

attach a letter from my religious leader detailing the mandated relgious tenet, doctrine or law that precludes the child from receiving immunizations

AND....OMG I can't believe this one:
A note from my pediatrician stating that he/she is aware of my decision to not vaccinate

ALSO they are refusing a waiver for the TB test too.

UGH......what do I do now?? This is a federally-funded program, is this legal?
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#2 of 30 Old 09-30-2006, 12:25 AM
 
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On what ground did they refuse?
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#3 of 30 Old 09-30-2006, 12:27 AM
 
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sounds illegal to me
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#4 of 30 Old 09-30-2006, 12:29 AM
 
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I don't have any answers for you, sorry. I just couldn't read this and not post something. That is rediculous. I can't believe it.
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#5 of 30 Old 09-30-2006, 12:30 AM - Thread Starter
 
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They just said that in order to be waived from the vaccination requirement for religious reasons, that the attached form (with all the extra requirements) needed to be filled out (in other words, the form I submitted was not good enough for them.)
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#6 of 30 Old 09-30-2006, 12:35 AM
 
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does the state say you have to provide reasons upon request? if not and the daycare recieves any sort of subsidy or voucher, they can't force you to submit a different form, or inquire into your religous beliefs and can't bar your child based on your state-approved reason for not vaxing. I would think that the 'note from your religious leader' is a violation of your right to privacy, freedom of religion and all that jazz as well
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#7 of 30 Old 09-30-2006, 12:40 AM
 
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Not legal. PM Long Island. She will be able to walk you through it.

-Angela
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#8 of 30 Old 09-30-2006, 01:15 AM - Thread Starter
 
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Longisland's box is full, but I will try and pm her later.

forgot to add that in the part where you choose medical or relgious exemption (along with the forms you have to submit for those) they also put "philosophical exemption" which is NOT legal as a waiver in our state (hawaii). I almost think they put that on our form as a trick so that if you tick that box, they can say "whoops, sorry, that's not acceptable, see the law."
v. frustrated about this!!!
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#9 of 30 Old 09-30-2006, 01:38 AM
 
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Federally funded? Is it military or DoD? What type of program is it?
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#10 of 30 Old 09-30-2006, 01:38 AM
 
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She and I have a psychic connection.
I predict that her spirit will be channeling into this thread within 24 hours, minkl, and her sage-like advice will assist you in your dilemma.
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#11 of 30 Old 09-30-2006, 01:42 AM
 
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wow.


although i support vaccinations, i also strongly support religious freedom. : i cannot believe they would throw out a religious exemption.




(( does this happen often?? )) :
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#12 of 30 Old 09-30-2006, 01:55 AM
 
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Quote:
Originally Posted by Aura_Kitten View Post
(( does this happen often?? )) :
Depends. Some states are very particular. There are actually two states withOUT religious exemptions.

-Angela
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#13 of 30 Old 09-30-2006, 02:11 AM
 
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Isn't there something we can do about those two states? Seriously!
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#14 of 30 Old 09-30-2006, 02:14 AM
 
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I know there are groups working on passing laws in one state.... but yeah, pretty sad, huh?

-Angela
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#15 of 30 Old 09-30-2006, 02:19 AM
 
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#16 of 30 Old 09-30-2006, 02:42 AM
 
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thats illegal as far as I know......if they have it available in your state they cannot refuse it because you dont have a pastor/preist write a letter!
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#17 of 30 Old 09-30-2006, 03:03 AM
 
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That's illegal. It violates the whole "freedom of religion" thing for them to ask you to prove anything. I've had kids in two preschool/daycares and a public school on vaccination exemptions and never been asked to do more than sign a form. No one has even blinked at me. We live in Honolulu.

They can refuse you admission if you don't get the TB test. That one is not waivable, or whatever. Having your pediatrician sign something? Totally bullshit. What preschool is this? I'm looking for my daughter, who is three, and I want to stay far away from these people.
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#18 of 30 Old 09-30-2006, 03:05 AM
 
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It really depends on what she means by federally funded. A DoD-sponsored daycare wouldn't have to go by the rules of the state.
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#19 of 30 Old 09-30-2006, 03:11 AM
 
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I just read the specifics of your situation in another thread. I think you're going to have a hard time with the TB test. I haven't been able to get around that one yet, but I didn't really try. I'm actually on board with that one, but I think you should have the right to refuse.

DoD goes by Virginia laws, I believe, but federally funded doesn't necessarily mean DoD.
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#20 of 30 Old 09-30-2006, 03:30 AM - Thread Starter
 
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The only thing they mentioned about the TB testing situation is that pregnant and nursing moms are temporarily waived. I am nursing and will stop when I get pregnant again...so I am off the hook, but not DS, unless they accept that TB testing is a medical procedure that we are religiously opposed to. I am not sure what to do about that.

This is not a traditional pre-school, it's a twice-weekly program that is parent-accompanied with some federal funding (it's free to go.) They call it a "travelling pre-school" or something like that, details of the program are at:
http://www.tutuandme.org/ so someone may be able to see what category this falls under with the funding.

In any case, since I already submitted a form (from the dept of health no less) it seems so outrageous that they are asking for additional information to "prove" my religious exemption. It also appears that their form was revised (as noted on the bottom) just recently, probably in response to my waiver, to make it harder to use the religious exemption.

In any case, I would appreciate any advice that anyone might have to offer, since I am not certain where we stand legally.

Thanks for all the support!!!
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#21 of 30 Old 09-30-2006, 03:43 AM
 
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I don't know whether this is any help but here is a phone #

State of Hawaii Dept of Health: 808- 585 -8332

Here is a toll free number to an attorney -

http://www.vaccineexemption.org/

And I am sure you have this site -

http://www.909shot.com/state-site/Hawaii.htm
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#22 of 30 Old 09-30-2006, 03:44 AM
 
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Quote:
Originally Posted by Mothra View Post
but federally funded doesn't necessarily mean DoD.

I was aware of that, which is why I specifically asked if it was DoD.
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#23 of 30 Old 09-30-2006, 03:57 AM
 
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Quote:
Originally Posted by Gitti View Post
And I am sure you have this site -

http://www.909shot.com/state-site/Hawaii.htm
Is there any way to contact them (909shot) and correct them or ask them to direct me as to where they see in the law books that religious is allowed in MN? I have read over the Statutes they provide as well as the ones posted on the MN department of Health website and have not found any evidence that religious is allowed which is a contradiction to the 909shot website. It says MN allows for all 3 types of objections.

I'd hate for 909shot to be giving incorrect info non intentionally.

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#24 of 30 Old 09-30-2006, 04:01 AM
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It says MN allows for all 3 types of objections.
MN does allow all three.
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#25 of 30 Old 09-30-2006, 04:01 AM
 
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The information they have on their website IS the MN law. This is the exact wording of the law:

Quote:
MINNESOTA
Minn. Stat. § 121A.15 (2002)

121A.15 Health standards; immunizations; school children

Subdivision 1. Except as provided in subdivisions 3, 4, and 10, no person over two months old may be allowed to enroll or remain enrolled in any elementary or secondary school or child care facility in this state until the person has submitted to the administrator or other person having general control and supervision of the school or child care facility, one of the following statements:

(1) a statement from a physician or a public clinic which provides immunizations stating that the person has received immunization, consistent with medically acceptable standards, against measles after having attained the age of 12 months, rubella, diphtheria, tetanus, pertussis, polio, mumps, haemophilus influenza type b, and hepatitis B; or

(2) a statement from a physician or a public clinic which provides immunizations stating that the person has received immunizations, consistent with medically acceptable standards, against measles after having attained the age of 12 months, rubella, mumps, and haemophilus influenza type b and that the person has commenced a schedule of immunizations for diphtheria, tetanus, pertussis, polio, and hepatitis B and which indicates the month and year of each immunization received.

Subdivision. 2. Schedule of immunizations. No person who has commenced a treatment schedule of immunization pursuant to subdivision 1, clause (2), may remain enrolled in any child care facility, elementary, or secondary school in this state after 18 months of enrollment unless there is submitted to the administrator, or other person having general control and supervision of the school or child care facility, a statement from a physician or a public clinic which provides immunizations that the person has completed the primary schedule of immunizations for diphtheria, tetanus, pertussis, polio, and hepatitis B. The statement must include the month and year of each additional immunization received. For a child less than seven years of age, a primary schedule of immunizations shall consist of four doses of vaccine for diphtheria, tetanus, and pertussis and three doses of vaccine for poliomyelitis and hepatitis B. For a child seven years of age or older, a primary schedule of immunizations shall consist of three doses of vaccine for diphtheria, tetanus, polio, and hepatitis B.

Subdivision. 3. Exemptions from immunizations.

(a) If a person is at least seven years old and has not been immunized against pertussis, the person must not be required to be immunized against pertussis.

(b) If a person is at least 18 years old and has not completed a series of immunizations against poliomyelitis, the person must not be required to be immunized against poliomyelitis.

(c) If a statement, signed by a physician, is submitted to the administrator or other person having general control and supervision of the school or child care facility stating that an immunization is contraindicated for medical reasons or that laboratory confirmation of the presence of adequate immunity exists, the immunization specified in the statement need not be required.

(d) If a notarized statement signed by the minor child's parent or guardian or by the emancipated person is submitted to the administrator or other person having general control and supervision of the school or child care facility stating that the person has not been immunized as prescribed in subdivision 1 because of the conscientiously held beliefs of the parent or guardian of the minor child or of the emancipated person, the immunizations specified in the statement shall not be required. This statement must also be forwarded to the commissioner of the department of health.

(e) If the person is under 15 months, the person is not required to be immunized against measles, rubella, or mumps.

(f) If a person is at least five years old and has not been immunized against haemophilus influenza type b, the person is not required to be immunized against haemophilus influenza type b.
I bolded the part that says you can get an exemption. "Conscientiously held belief" means religious or philosophical.
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#26 of 30 Old 09-30-2006, 04:02 AM
 
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This probably isn't an answe to the TB test for your situation, but my DH has to have one every few years as a teacher. This year is skin is really sensitive to everything, so they took an x-ray instead (fine for DH -they actually found out some usuful stuff too, but probably not something you want for your child.)
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#27 of 30 Old 09-30-2006, 10:12 PM
 
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I recommend emailing LI...

Sounds very illegal. As for the TB test, I gave same letter for TB as for vaxes to headstart and had no issue. That is a major gov't vax pushing program too. It is INJECTING foreign crap into your skin.
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#28 of 30 Old 09-30-2006, 10:32 PM
 
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Sounds very illegal to me. Good luck!

- Emy . Single mom to DS nut.gif Ezra (15.12.05), angel2.gif Thames (reincarnated 18.04.08) and DD rainbow1284.gif babyf.gif Allora (11.02.11) and dog2.gif Hoppylactivist.gif  novaxnocirc.gif  waterbirth.jpg fambedsingle2.gif bfinfant.giffemalesling.GIFcd.gif

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#29 of 30 Old 10-01-2006, 01:02 PM
 
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Good luck and keep us updated. I hope you find a solution soon.

I think it's just ridiculas.

Marilyn,psych RN. Homeschooling mom to Taylor (12) and Lauryn (8)
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#30 of 30 Old 10-01-2006, 07:15 PM
 
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I don't think its legal for a school to design their own exemption form which requires more than the law. I think they need a good legal "hammer between the ears.

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