Non Vaccinated Children

[Confused!]

Hello All!

I had a family stop by my facility, last week, that were interested in bringing their child to my daycare. The hours and days they were looking for worked for my current availability so we reached an agreement on a price and hours. It all went great, and then I later received a text that their child was not immunized but that my law I couldn't turn them down. I contacted licensing (CA) and they let me know that if they did have a medical exemption that as long as I had a copy of it then it would be fine. WELL.... I have a few concerns...

Ive had children brought to me who have had HFM, salmonella, even a case of measles during the outbreak (of course I sent them home when I noticed that the children were sick).. but since this family's child isn't immunized or "protected" from these diseases... if god forbid she were to catch something.. wouldn't I be held liable?

Is there some sort of form that states that I wouldn't be held liable that the parents can sign?

I don't know what to do..

Thank you!

[hwichlaz]

No, you aren't liable unless you give them the illnesses intentionally.

Kids get sick. period.

The only illness you mentioned that even has a vaccine is measles. You aren't liable for HFM were you? No. Getting sick is part of childhood.

Now if they get food poisoning because of your food handling practices...that's another story.

[hwichlaz]

Copy the statement on the back of the blue card for the old exemption, where it states that they understand their child may be excluded when a vaccine preventable illness goes through the facility.

[Ariana]

You would not be held liable for a communicable disease being passed to anyone, vaccinated or unvaccinated. My children are not vaccinated and they have valid exemptions. If there was ever to be an outbreak my children would be required to stay at home. You could have a clause like that in your contract if you are worried. Having said that most adults are not vaccinated so even the adults can bring it into your daycare.

[Unregistered]

Copy the statement on the back of the blue card for the old exemption, where it states that they understand their child may be excluded when a vaccine preventable illness goes through the facility.

Ahh, I wasn't aware of that statement . Okay, thank you for your input. It was just a little sketchy how they didn't tell me that their child didn't have any vaccinations until way after our interview. Also it came across a little like a threat when the mom said that "by law I had to accept their child". Kind of like "you have to... or else" which threw me off and made me start thinking, well crap what if one of the kids has chickenpox and we didn't notice it until an hour or so after drop off.. and now their child was exposed to it... what if their child gets it... would she be able to sue me or something . Yeah im an over thinker but I have to take care of our little business that supports my children.

Thanks again for your input!

[Blackcat31]

Ahh, I wasn't aware of that statement . Okay, thank you for your input. It was just a little sketchy how they didn't tell me that their child didn't have any vaccinations until way after our interview. Also it came across a little like a threat when the mom said that "by law I had to accept their child". Kind of like "you have to... or else" which threw me off and made me start thinking, well crap what if one of the kids has chickenpox and we didn't notice it until an hour or so after drop off.. and now their child was exposed to it... what if their child gets it... would she be able to sue me or something . Yeah im an over thinker but I have to take care of our little business that supports my children.

Thanks again for your input!

Ask her to show you the law. Not interpret it but show what state statute it is so you can read it yourself.

[Denali]

In my state it is up to me to take exemptions. I take medical because it's not a choice to get a vaccine or not. They simply can't.

If it's because the parents simply don't won't to, for other reasons (you know, the old 'because vaccines cause autism reasons ��) Then I will not take them. Choices have consequences. There are always pros and cons of a choice.


Is there anyway you can get out of enrolling them? The fact that they are basically threatening you would not sit well with me... if you feel you must enroll, term the second you get the chance because they will try pulling something down the line...

[hwichlaz]

If it's a medical exemption you can't use that as the reason to not accept them unless you have someone with a health issue that counters it. But you can use any other reason you like to not accept them, like the mom's attitude.

for example..... I can't say "I'm not taking your child because he has cerebral palsy" But I can say, "I have physical limitations that make me unable to carry over a certain weight. Your son's medical condition requires a caregiver that can lift him."

[Ariana]

Ask her to show you the law. Not interpret it but show what state statute it is so you can read it yourself.

I agree with this. If you are not comfortable taking them then it is up to you as a business owner. I tried putting my child in a summer camp and they refused because she was not vaccinated, even with a medical exemption! Nothing I could do about it. This is a large indoor play space as well that my daughter has been to many many times and not once did they ask for vaccinations but because it is summer camp they need it on file and refused her. Stupid rule and hypocritical if you ask me but there it is!

I think the mom is just feeling scared and vulnerable because everyone hates unvaccinated families. We are all seen as morons who think our kids will catch autism. she likely pulled the law line because of that.

I am in Canada.

[Unregistered]

I agree with this. If you are not comfortable taking them then it is up to you as a business owner. I tried putting my child in a summer camp and they refused because she was not vaccinated, even with a medical exemption! Nothing I could do about it. This is a large indoor play space as well that my daughter has been to many many times and not once did they ask for vaccinations but because it is summer camp they need it on file and refused her. Stupid rule and hypocritical if you ask me but there it is!

I think the mom is just feeling scared and vulnerable because everyone hates unvaccinated families. We are all seen as morons who think our kids will catch autism. she likely pulled the law line because of that.

I am in Canada.

I'm sorry you feel that way Auriana. I don't think that way, I'm just not properly informed on the subject and concerns regarding the issue. I am in no way trying to bash this family, just want to follow proper protocol that's safe for everyone, & that won't in turn affect my family if not properly handled. That's all. Again, I appreciate everyone's feedback. I will definitely have to talk to the mother about communication and common curtesy & respect since that's the only way I like to treat the parents that are a part of my daycare family.

[daycare]

If it's a medical exemption you can't use that as the reason to not accept them unless you have someone with a health issue that counters it. But you can use any other reason you like to not accept them, like the mom's attitude.

for example..... I can't say "I'm not taking your child because he has cerebral palsy" But I can say, "I have physical limitations that make me unable to carry over a certain weight. Your son's medical condition requires a caregiver that can lift him."

This!!

[Annalee]

Licensing in my state leaves the unvaccinated child/ren to my own decision. I do not accept them in my program and the state has no guidelines to enroll or not enroll.

[LysesKids]

I agree with this. If you are not comfortable taking them then it is up to you as a business owner. I tried putting my child in a summer camp and they refused because she was not vaccinated, even with a medical exemption! Nothing I could do about it. This is a large indoor play space as well that my daughter has been to many many times and not once did they ask for vaccinations but because it is summer camp they need it on file and refused her. Stupid rule and hypocritical if you ask me but there it is!

I think the mom is just feeling scared and vulnerable because everyone hates unvaccinated families. We are all seen as morons who think our kids will catch autism. she likely pulled the law line because of that.

I am in Canada.

Medical exemption is not the same as being a non Vaxer; My own children had medical waivers & yes, one state (WV), still refused my DD for public school. I could have pushed it with the courts, but I went back to home schooling instead.

Sometimes common sense has to RULE; does the parent not Vax for religious reasons or just philosophical - that does matter to me because I have people of all faiths in my home and I do understand how that may differ from just not wanting to vaccinate... BTW, TN only accepts religious & medical waivers

[ColorfulSunburst]

Do you have some infants in your care?
If you do I would recommend do not enroll the kid. It is not safe for infants to be near this kid.

[sharlan]

SB277

Medical Exemptions


17. What’s required for a medical exemption to a required immunization?

A parent or guardian must submit a written statement from a licensed physician (M.D. or D.O.) which states:
• That the physical condition or medical circumstances of the child are such that the required immunization(s) is not indicated.
• Which vaccines are being exempted.
• Whether the medical exemption is permanent or temporary.
• The expiration date, if the exemption is temporary.

18. May other practitioners, besides licensed physicians (M.D.s and D.O.s), provide a medical exemption to a required immunization?

No. Only a licensed Medical Doctor (MD) or Doctor of Osteopathic Medicine (DO) may provide a medical exemption.

In contrast, the other categories of licensed or credentialed practitioners in California previously authorized through 2015 to sign requests for personal beliefs exemptions (e.g., Nurse Practitioner, Physician Assistant, Naturopathic Doctor, or School Nurse) may not provide medical exemptions.

19. Has the State of California issued a standardized form for medical exemptions?

No, but the documentation must include the elements described in question 17.

20. Are licensed physicians required to assist in requests for medical exemptions?

A licensed physician may provide a medical exemption but is not required to do so. Parents or guardians seeking medical exemptions should check with physicians in advance to clarify their policies on medical exemptions.