HHS Takes Action After School Vaccinated Child Without Parents’ Consent

AP Photo/Rod Lamkey, Jr.

Parental rights must be protected. The Trump-Kennedy Department of Health and Human Services (HHS) is taking action after a Midwestern school gave a child a vaccine without the consent of the parents.

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The child in question was supposed to have a religious exemption from the vaccine under state law, but the school ignored this and injected the child with a federally provided vaccine anyway. A Dec. 3 HHS press release announced an investigation into the incident and measures from the federal government to safeguard parental rights when it comes to children’s healthcare.

The HHS ordered the Health Resources and Services Administration (HRSA) to formulate a grant requirement that ensures all centers receiving federal funding through it comply with state and federal parental consent laws.

“Today, we are putting pediatric medical professionals on notice: you cannot sideline parents,” HHS Secretary Robert F. Kennedy, Jr. said proudly. “When providers ignore parental consent, violate exemptions to vaccine mandates, or keep parents in the dark about their children’s care, we will act decisively. We will use every tool at our disposal to protect families and restore accountability.”

Read Also: Trump Admin Threatens to Withhold SNAP if States Don't Provide Data

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“The Vaccines for Children Program should never circumvent parents’ rights,” stated HHS Deputy Secretary and CDC Acting Director Jim O’Neill. “Secretary Kennedy’s decision to probe potential abuse of the VFC is a necessary step in restoring public trust in immunization policy.”

HHS issued a “Dear Colleague” letter also, which reminded those in the medical profession not to overextend policies about protected health information (PHI). The “parent is the personal representative of an unemancipated minor child… and can exercise the child’s rights with respect to PHI, because the parent usually has the authority to make health care decisions about his or her child. Accordingly, the Privacy Rule generally gives the parent the right to access the child’s medical records as the child’s personal representative, unless one of the limited exceptions applies,” the letter says. One of the exceptions is if a parent explicitly allows a child and medical practitioner to have a confidential relationship.

The letter aimed to emphasize that parents certainly do have the right to limit access to certain healthcare measures, including vaccines.

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In the case cited above, HHS’s Office for Civil Rights (OCR) is specifically investigating whether or not the school violated the Vaccines for Children Program (VFC) requirement. This makes compliance with state exemptions a condition for the federal provision of vaccines. The HHS also clarified:

Before a minor receives medical, dental, behavioral health, or other services at a HRSA-supported health center, the center must obtain consent from a parent or legal guardian in accordance with applicable state or federal law. This requirement applies to all forms of care, including treatment, preventive services, counseling, and services involving sensitive topics such as sexual identity or reproductive health.

Another win for parental rights from the Trump administration.

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