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Daycare Provider 02:22 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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Blackcat31 02:53 PM 08-21-2017
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.
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Leigh 03:59 PM 08-21-2017
Originally Posted by Blackcat31:
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.
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LysesKids 09:24 AM 08-22-2017
Originally Posted by Blackcat31:
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.
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Annalee 10:11 AM 08-22-2017
Originally Posted by Blackcat31:
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!
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Blackcat31 10:35 AM 08-22-2017
Originally Posted by LysesKids:
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.

Originally Posted by LysesKids:
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.

Originally Posted by LysesKids:
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.
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Ariana 06:59 PM 08-27-2017
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.
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Tags:non vaccinated, vaccinations
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