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Confused! 02:25 PM 08-21-2017
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!
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hwichlaz 02:34 PM 08-21-2017
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.
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hwichlaz 02:37 PM 08-21-2017
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.
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Ariana 02:43 PM 08-21-2017
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.
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EntropyControlSpecialist 12:10 PM 08-23-2017
Originally Posted by 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.
Bingo.

My youngest child (soon to be children) is also unvaccinated.
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sharlan 02:03 PM 08-23-2017
Here is my adult dds issue with the vaccines. In CA we have to be immunized. My dd is allergic to latex.

The labs at Kaiser will not give her the immunzation because the needle goes through a latex stopper on the vial.

Her Dr will not give her the waiver. He says to have a n EpiPen on hand and give it a try.

Lab still says no.

After 13 months of fighting between the Dr and lab, 30 emails, her Dr nurse wrote the waiver and had the Dr sign it.

Dh is allergic to tetanus, no Dtap for him.
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Unregistered 02:44 PM 08-21-2017
Originally Posted by 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.
Ahh, I wasn't aware of that statement lol. 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 lol. Yeah im an over thinker but I have to take care of our little business that supports my children.

Thanks again for your input!
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Blackcat31 02:56 PM 08-21-2017
Originally Posted by Unregistered:
Ahh, I wasn't aware of that statement lol. 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 lol. 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.
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Ariana 03:22 PM 08-21-2017
Originally Posted by Blackcat31:
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.
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Denali 03:15 PM 08-21-2017
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...
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hwichlaz 03:20 PM 08-21-2017
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."
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renodeb 02:40 PM 09-01-2017
The whole vax/non-vax issue is a very hot button issue in my state. I actually took a nonvaxed child for a while but eventually they had to leave because no pediatrician would see him because of that reason. I know now that I will not being taking anymore. It's to much of a risk. (to the one that's not vaccinated especially).
The problem with where I live is that there is very little real guidance. Apparently a parent can claim religious exemption even if that is not the real reason. The mom I dealt with just didn't believe in vaccinations but claimed religious just to get around it. I would hate to find out after the initial interview that, that was the reason I couldn't take a child. I don't think any provider should be forced or threatened into taking a non vaccinated child. That mom was simply interpreted the law to suit her. I wouldn't enroll her because chances are she will pull another stunt somewhere along the line.
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SunflowerMeadow 09:56 PM 09-02-2017
I've always felt that it's a parent's decision to vaccinate or not and as such I do not discriminate against people for that reason. I personally did not fully vaccine in my children
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Mummy101 06:45 AM 09-03-2017
Originally Posted by 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!
Unvaccinated children are not something to be afraid of. The media would have you believe they are a threat to your safety, radical and weird. Really, that is so untrue. Not every parent chooses to feed their child Macdonald’s, just like not every parent chooses to vaccinate. It is in fact the law in most states that no can be FORCED into vaccinating.

Parents who choose not to vaccinate are usually extremely informed and aware of the outcome should their child be exposed. They have weighed the pros and cons of vaccinations and made an informed decision. Simply have her sign something saying you will not be held liable if her children become exposed. Honestly, she will probably not flinch one bit. Exposure builds the immune system and parents who do not vaccinate value this highly. Exempt.pdf

https://vaccines.procon.org/view.res...ourceID=003597

If you are interested, you can educate here: https://www.learntherisk.org/
Attached:
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daycarediva 05:23 AM 09-04-2017
My only issue would be with the mother not being upfront AND then they way she worded it to you, as a thinly veiled threat.

Did you accept them and tell them such before this text?

I would be very tempted to tell them that based on how she threatened you, you do not think you would be able to form a good business relationship with her and that you think it best that they not enroll. Then deal with her backlash. Which will PROBABLY be a giant temper tantrum.

It's MY HOME. I can accept/not accept anyone I want. I don't discriminate, but I can tell you that if a parent told me I *had* to accept them, I sure as hell wouldn't.
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Meeko 06:04 PM 09-05-2017
Originally Posted by daycarediva:
My only issue would be with the mother not being upfront AND then they way she worded it to you, as a thinly veiled threat.

Did you accept them and tell them such before this text?

I would be very tempted to tell them that based on how she threatened you, you do not think you would be able to form a good business relationship with her and that you think it best that they not enroll. Then deal with her backlash. Which will PROBABLY be a giant temper tantrum.

It's MY HOME. I can accept/not accept anyone I want. I don't discriminate, but I can tell you that if a parent told me I *had* to accept them, I sure as hell wouldn't.
Amen to this!

I would terminate for this. If they had discussed with you, that's one thing. But threatening you? Not exactly a good way to start a business relationship and I would tell her so.
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