Originally Posted by Daycare Provider:
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!
Non immunized children are NOT protected by the ADA so barring a specific situation you CAN LEGALLY deny them care.
Conditions protected by the ADA are the only ones that qualify as discrimination. When a parent chooses not to immunize their child (for whatever reason) that is the parent's choice but it doesn't automatically make it illegal to deny care.
I
can and do refuse to enroll a child that is not current on their immunizations.