Parents have to make many choices for their children, including which vaccines their children should receive – if any. Unfortunately, the controversies surrounding vaccines keep growing, and many parents worry about whether refusal to vaccinate a child could result in intervention by the Florida Department of Children and Families (DCF). In most cases, the answer is no.
Florida law recognizes both medical and religious exemptions to vaccination requirements, and refusing routine childhood vaccinations alone is unlikely to result in a juvenile dependency case. However, parents should understand that there are situations where concerns about a child’s medical care can attract the attention of DCF and the courts.
Is refusing to vaccinate considered medical neglect?
Dependency cases are designed to protect children who have been abused, abandoned or neglected. The focus of a dependency case is not whether a parent has made a controversial decision. Instead, the court looks at whether a child is facing a substantial risk of harm. That distinction is important when discussing vaccination decisions.
Because Florida permits medical and religious exemptions, a parent’s decision not to vaccinate a child does not automatically amount to medical neglect. The existence of those exemptions reflects the state’s recognition that parents have the right to make many healthcare decisions on behalf of their children.
That being said, if a child has a serious medical condition, faces a heightened health risk or is being denied other necessary medical treatment, a court may consider vaccination decisions as part of a broader inquiry into the child’s welfare.
What happens when co-parents disagree?
Vaccination disputes often arise in divorced or separated families. One parent may want a child vaccinated while the other objects. Each may have an equally intense belief that they are protecting their children.
When parents share parental responsibility, neither parent automatically has the final say about vaccines. If they cannot reach an agreement, the issue may end up before a family court judge – particularly when there is no “middle ground” on an issue, like with vaccines. The court will typically evaluate the child’s best interests and may consider the child’s medical history, the recommendations of health care providers and the specific facts of the case.
It is important to understand that a disagreement between parents over vaccinations is usually a family law issue, not a dependency issue. Courts routinely resolve disputes over education, health care and other important decisions involving children.
When could DCF become involved?
DCF is generally more likely to become involved when concerns extend beyond vaccinations alone. For example, a child may be suffering from a serious illness that is not being treated, or a parent may be refusing medical care that doctors believe is necessary to prevent significant harm.
In those situations, vaccination decisions could become one factor among many that have to be considered. The key question is whether the child is being placed at substantial risk, not whether the parent has chosen to decline routine vaccinations.
If you are concerned about your right to make decisions for your child and fear DCF involvement, or you and your co-parent are at odds over a child’s medical care, it may be time to speak with an experienced attorney.
