Parental Refusal of Childhood Vaccines and Medical Neglect Laws

Am J Public Health. 2017 Jan;107(1):68-71. doi: 10.2105/AJPH.2016.303500. Epub 2016 Nov 17.

Abstract

Objectives: To examine the relation of vaccine refusal and medical neglect under child welfare laws.

Methods: We used the Westlaw legal database to search court opinions from 1905 to 2016 and identified cases in which vaccine refusal was the sole or a primary reason in a neglect proceeding. We also delineated if religious or philosophical exemptions from required school immunizations were available at the time of adjudication.

Results: Our search yielded 9 cases from 5 states. Most courts (7 of 9) considered vaccine refusal to constitute neglect. In the 4 cases decided in jurisdictions that permitted religious exemptions, courts either found that vaccine refusal did not constitute neglect or considered it neglect only in the absence of a sincere religious objection to vaccination.

Conclusions: Some states have a legal precedent for considering parental vaccine refusal as medical neglect, but this is based on a small number of cases. Each state should clarify whether, under its laws, vaccine refusal constitutes medical neglect.

Publication types

  • Review
  • Research Support, Non-U.S. Gov't

MeSH terms

  • Child
  • Child Welfare / ethics*
  • Child Welfare / legislation & jurisprudence*
  • Female
  • Humans
  • Immunity, Herd
  • Immunization Programs
  • Male
  • Parents / psychology*
  • Public Health
  • Public Policy
  • Refusal to Participate / ethics*
  • Refusal to Participate / legislation & jurisprudence*
  • Religion and Medicine*
  • Schools
  • United States
  • Vaccination / ethics*
  • Vaccination / legislation & jurisprudence*