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Discussion Starter #1
I have a 4 yr old who isn't vaxed, and I am looking for childcare for him (starting in August). A couple that I have been considering do not accept the Texas Exemption form. Anyone know of a center that does accept them? I hope to working near Sea World, but I live NC SA.<br><br>
Thanks!
 

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If they are regulated by the state then they must accept the exemption in lieu of a vaccination record. I would not mention it outright, just hand it in with the other paperwork and offer them a copy of the law if they fuss.<br><br><a href="http://www.nvic.org/Vaccine-Laws/state-vaccine-requirements/texas.aspx" target="_blank"><span style="color:#B93030;"><b>Texas Adm. Code §97.61 (2007)</b></span></a><br><b>RULE §97.61 Children and Students Included in Requirements</b><br>
(a) The vaccine requirements apply to all children and students entering, attending, enrolling in, and/or transferring to child-care facilities or public or private primary or secondary schools or institutions of higher education.
 

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Discussion Starter #3
Ok, I appreciate the input. I'm looking for a childcare that will accept my nonvaxed child. Since I'm looking in the private/church run realm, they don't have to accept nonvaxed children. As the health code regulations read, childcare facilities "may" provide exceptions to facilities if you produce and exemption, but they don't operate under the same auspices as a school system. Perhaps I need some more clarity on the issue. In any case, if a preschool clearly states they don't accept children without vaccinations, including those with an exemption form, I don't really care to do take them on in order to force them to accept my child, kwim?
 

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<div style="margin:20px;margin-top:5px;">
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<div>Originally Posted by <strong>LittleBattleAxe</strong> <a href="/community/forum/post/15432177"><img alt="View Post" class="inlineimg" src="/community/img/forum/go_quote.gif" style="border:0px solid;"></a></div>
<div style="font-style:italic;">Ok, I appreciate the input. I'm looking for a childcare that will accept my nonvaxed child. Since I'm looking in the private/church run realm, they don't have to accept nonvaxed children. As the health code regulations read, childcare facilities "may" provide exceptions to facilities if you produce and exemption, but they don't operate under the same auspices as a school system. Perhaps I need some more clarity on the issue. In any case, if a preschool clearly states they don't accept children without vaccinations, including those with an exemption form, I don't really care to do take them on in order to force them to accept my child, kwim?</div>
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The law applies to ALL childcares which are listed separately from schools; if they are required by law to collect vax records then they are required to accept exemptions; private and parochial are not exempted under Texas law (though NJ does allow parochial to reject religious exemptions).<br><br>
It seems most states have changed their laws to avoid excluding private and parochial; I'm sure many facilities are unaware that this applies to them. At least half the non-vaxers I know (overall) have to clue-in the workers at school registration. Formerly, most state laws specified "public."<br><br><div style="margin:20px;margin-top:5px;">
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<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;"><b><span style="color:#3B3BAE;">HUMAN RESOURCES CODE<br>
TITLE 2. DEPARTMENT OF HUMAN SERVICES AND<br>
DEPARTMENT OF PROTECTIVE AND<br>
REGULATORY SERVICES<br>
CHAPTER 42. REGULATION OF C<b>ERTAIN FACILITIES, HOMES, AND AGENCIES THAT PROVIDE CHILD-CARE SERVICES</b></span></b> <span style="color:#B93030;"><b>§ 42.043 (2007)</b></span><br><b>§ 42.043. Rules for Immunizations</b><br><span style="color:#FF0000;">(a) The department shall make rules for the immunization of children in facilities regulated under this chapter.</span><br>
(b) The department shall require that each child at an appropriate age have a test for tuberculosis and be immunized against diphtheria, tetanus, poliomyelitis, mumps, rubella, rubeola, invasive pneumococcal disease, and hepatitis A and against any other communicable disease as recommended by the Department of State Health Services. The immunization must be effective on the date of first entry into the facility. However, a child may be provisionally admitted if the required immunizations have begun and are completed as rapidly as medically feasible.<br>
(c) The Texas Department of Health shall make rules for the provisional admission of children to facilities regulated under this chapter and may modify or delete any of the immunizations listed in Subsection (b) of this section or require additional immunizations as a requirement for admission to a facility. <span style="color:#FF0000;">(d) No immunization may be required for admission to a facility regulated under this chapter if a person applying for a child's admission submits one of the following affidavits:</span>
<blockquote><p>(1) an affidavit signed by a licensed physician stating that the immunization poses a significant risk to the health and well-being of the child or a member of the child's family or household; or<br>
(2) an affidavit signed by the child's parent or guardian stating that the applicant declines immunization for reasons of conscience, including a religious belief.<br></p></blockquote>
(d-1) An affidavit submitted under Section (d)(2) must be on a form described by Section 161.0041, Health and Safety Code, and must be submitted not later than the 90th day after the date the affidavit is notarized.<br>
(e) Each regulated facility shall keep an individual immunization record for each child admitted, and the records shall be open for inspection by the department at all reasonable times.<br>
(f) The Texas Department of Health shall provide the immunizations required by this section to children in areas where there is no local provision of these services.</td>
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What you could do is confirm with the state that the facilities you are looking at are regulated by the "chapter" quoted above.
 

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Discussion Starter #5
Right, right, on the health code. I read that. I asked an attorney to look at it. The operative word, it seems, is "may." He says that the word "may" means that, in this case, vaxing your children is the standard. The exclusion, whereby children "may" be admitted with an exemption, is determined by the facility. Maybe I'm not reading it correctly? I'll ask the atty to look at it again, because I can see where "No immunizations may be required" would indicate that "no immunizations are required ... with an exemption" but I'm not a legal expert by any stretch.
 

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I see now what you are saying, this section is the only one that does not say "Immunization is not required".<br><br><div style="margin:20px;margin-top:5px;">
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<table border="0" cellpadding="6" cellspacing="0" width="99%"><tr><td class="alt2" style="border:1px inset;"><span style="color:#FF0000;">No immunization may be required for admission to a facility regulated under this chapter if a person applying for a child's admission submits one of the following affidavits</span></td>
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While searching around I read a letter from the Attorney General answering the private school question based on the 2006 version of the law. I think that you would get the most definitive answer from the AG.
 

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Private schools are allowed to not accept the state exemption. The diocese of Austin does NOT accept the state exemption and there is an AG opinion published that supports their position. <img alt="" class="inlineimg" src="http://www.mothering.com/discussions/images/smilies/greensad.gif" style="border:0px solid;" title="greensad"> I just this April pulled two of my kids out of Catholic school in part over this issue and I researched it thoroughly.<br><br>
That said - we have been in two daycare chains that do accept the exemption - Primrose Schools and Children's Courtyard. We have had zero problems with their records and submitting the blue form instead of shot cards. I don't know if either of them have schools in SA. I recommend Primrose particularly. PM me if you like.
 

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Discussion Starter #8
Interesting, Kbins, about the Catholic schools not accepting the form. I may be wrong but aren't some vaccinations manufactured from stem cell lines? That would seem to me to be problematic for many Catholics!<br><br>
I think there is a Primrose here -- I need to check on it. Thanks for the tip. I didn't plan for my littlest 'un to be in daycare, so I didn't think it would ever come up; but now that it has, it's turning into a headache.
 
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