Daycare.com Forum

Go Back   Daycare.com Forum > Forms - Uploads

Forms - Uploads Sample forms that members upload so that others can use. Note: Please do not upload copyrighted material. Original Content only.

Reply
 
Thread Tools Display Modes
  #1  
Old 08-21-2017, 02:22 PM
Daycare Provider
Guest
 
Posts: n/a
Question Medical Exempt (Non Vaccinated Children)

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!
Reply With Quote
  #2  
Old 08-21-2017, 02:53 PM
Blackcat31's Avatar
Blackcat31 Blackcat31 is offline
 
Join Date: Oct 2010
Posts: 16,642
Default

Quote:
Originally Posted by Daycare Provider View Post
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.
Reply With Quote
  #3  
Old 08-21-2017, 03:59 PM
Leigh's Avatar
Leigh Leigh is online now
Daycare.com Member
 
Join Date: Apr 2013
Posts: 3,670
Default

Quote:
Originally Posted by Blackcat31 View Post
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.
What she said. Your daycare, your choice though. I, personally, would turn them down just because they threatened me by lying about the law. I don't play that way.
Reply With Quote
  #4  
Old 08-22-2017, 09:24 AM
LysesKids's Avatar
LysesKids LysesKids is offline
Daycare.com Member
 
Join Date: May 2014
Location: Tennessee
Posts: 2,738
Default

Quote:
Originally Posted by Blackcat31 View Post
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.
Medical exemptions are not a choice, it's because A DR said if you do this this or this it can severely hurt or kill the kid (allergies, prior seizures, cancer etc).

Medical waivers are not given for all shots either (with a rare exception) but certain ones because of a very real issue for that particular vaccination - you can't just walk into a Dr's office and ask for a Waiver because you are against vaccinations in general.

Guess you wouldn't have enrolled me in your daycare because my children had 3 vaccinations Medically waived; the one almost killed my youngest at 2 months.
Reply With Quote
  #5  
Old 08-22-2017, 10:11 AM
Annalee's Avatar
Annalee Annalee is offline
Daycare.com Member
 
Join Date: Jul 2012
Posts: 4,163
Default

Quote:
Originally Posted by Blackcat31 View Post
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.
I enrolled unvaccinated ONCE. Will NEVER again! It didn't last long and it was too long! The client said all the right things at interview but I quickly learned we had different views. She had been turned down so often she learned how to play the game. I am sure not every unvac is like this client but she was bad enough that I will NEVER enroll unvac again!
Reply With Quote
  #6  
Old 08-22-2017, 10:35 AM
Blackcat31's Avatar
Blackcat31 Blackcat31 is offline
 
Join Date: Oct 2010
Posts: 16,642
Default

Quote:
Originally Posted by LysesKids View Post
Medical exemptions are not a choice, it's because A DR said if you do this this or this it can severely hurt or kill the kid (allergies, prior seizures, cancer etc).
I never said medical exemptions are a choice.
I understand how/why someone would need one but THEIR situation has no bearing on my right to exclude when necessary.

I empathize with those in that situation. I am sure it's difficult to find child care or participate in many things.

Quote:
Originally Posted by LysesKids View Post
Medical waivers are not given for all shots either (with a rare exception) but certain ones because of a very real issue for that particular vaccination - you can't just walk into a Dr's office and ask for a Waiver because you are against vaccinations in general.
I know all state's are different but in my state you can. If you are against vaccinations (for whatever reason) you can get an exemption.

Quote:
Originally Posted by LysesKids View Post
Guess you wouldn't have enrolled me in your daycare because my children had 3 vaccinations Medically waived; the one almost killed my youngest at 2 months.
No, I would not have enrolled your children.

Their medical situation does not over ride my reasons for not accepting non-immunized children.
Reply With Quote
  #7  
Old 08-27-2017, 06:59 PM
Ariana's Avatar
Ariana Ariana is online now
Advanced Daycare.com Member
 
Join Date: Jun 2011
Posts: 6,616
Default

For us a medical exemption is different from a personal religious exemption. One is signed by a DR and the other is signed by a City official and the forms are completely different. Both copies then go to the public health office where it is kept on file.

I think when you run a personal business out of your home it is your choice to accept whomever you want and deny service to whomever you want. I accept all children regardless of vaccination history and the families I have don't ask. I would be miffed if a provider didn't want to give my family service but would respect their rights to choose. We all make choices based on the information we have at the time and experiences we have had.
Reply With Quote
Reply

Tags
non vaccinated, vaccinations

Thread Tools
Display Modes

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Non Vaccinated Children Confused! Daycare Center and Family Home Forum 43 09-05-2017 06:04 PM
Your Own Children's Friends.... hawaiianscorpion Daycare Center and Family Home Forum 5 06-29-2013 04:46 AM
Advice On DCP Issues imtatum Parents and Guardians Forum 33 05-07-2013 12:45 PM
Priorities In Education Heidi Daycare Center and Family Home Forum 39 02-22-2013 03:02 PM
Consequences theycallmetaytor Daycare Center and Family Home Forum 4 12-26-2012 04:09 PM


All times are GMT -7. The time now is 01:58 PM.



Daycare.com         Find A Daycare         List Your Daycare         Toys & Products                 About Us

Daycare.com
Please read our Disclaimer before continuing.

Topics pertain mainly to the following States:

Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming