Must Family Child Care Providers Accept Non-Immunized Children?
National Infant Immunization Week is April 25th - May 2, 2022.
Keeping children safe is the first priority of all family child care providers. Accepting children who are not immunized can create an unsafe environment for everyone, including the provider’s family.
How should providers handle parents who do not want toimmunize their child for a variety of reasons?
State laws requires parents to immunize their children andall states allow medical exemptions from this requirement. In addition,numerous states also allow exemptions for religious or philosophical (personalbelief) exemptions.
So, a parent may be able to refuse to immunize their child incertain states. But, do family child care providers have to accept suchchildren into their program?
Federal law does not require family child care providers toaccept a non-vaccinated child based on religious beliefs. There is no federallaw prohibiting a provider from refusing to care for a non-vaccinated child whoparticipates in Early Head Start or for children who have a disability. Also,there is no federal law requiring providers who receive federal funding (eitherthrough the CACFP or a state subsidy program) to accept non-immunized children.Therefore, under federal law providers are free to turn down families, orterminate care, if the child is not immunized.
State laws vary as to whether providers can refuse care to non-immunized children. In California, for example, providers must refuse to provide care for a non-immunized child (including a child in Early Head Start), unless the child has a valid medical exemption. This means that providers can refuse care even if the parent claims a religious or philosophy objection to immunization. In Minnesota, providers can refuse to provide care for non-immunized children.
Because states have different laws on immunizations, providers should contact their state health department or licensing office to learn whether they are restricted from denying care to non-immunized children. Ask specifically whether state law prevents providers from refusing care to such children. If there are such restrictions, ask to get a copy of the law, so you can be sure of what it says. By following the guidance of these agencies, providers should feel confident that there will be no legal repercussions for refusing to care for non-immunized children.
Tom Copeland - www.tomcopelandblog.com
Image credit: https://pixnio.com/science/medical-science/immunization-is-one-of-the-most-important-things-a-parent-can-do-to-protect-their-childrens-health
