HHS Investigates Vaccine Given to Student Without Parental Consent, Despite Religious Exemption

HHS Secretary Robert F. Kennedy Jr. said the agency is investigating an incident where a midwestern school administered a vaccine on a child without parental consent and in violation of a legally recognized state exemption. “If a provider ignores consent, violates an exemption, or keeps parents in the dark, HHS will act — quickly and decisively,” Secretary Kennedy said. “We will use every tool we have to protect families and restore accountability.”

The case involves a child who was vaccinated through the CDC’s Vaccines for Children (VFC) program. The program provides vaccines for children who are uninsured, underinsured, Medicaid-eligible, American Indian, or Alaskan Native. Secretary Kennedy said the child had a religious exemption legally recognized by the state where the vaccine was administered without consent.

The details of the specific case have not been revealed, but there have been several lawsuits filed in recent years related to the administration of vaccines, particularly COVID-19 vaccines, without parental consent. In some cases, these vaccines are also allegedly given against the child’s will.

There is an ongoing case in North Carolina regarding Tanner Smith, who was 14 years old in August 2021 when medical workers “forcibly” vaccinated him without his consent or his parents’ consent. The case has moved forward after the state Supreme Court reversed a lower court decision that held the public health emergency allowed medical workers to administer the vaccine without consent.

Smith was on the school football team, and parents were notified that all players needed to be tested for COVID-19, but the notification did not say anything about the school administering vaccines at this appointment. Smith’s stepfather drove him to the school and waited in the car. The medical workers attempted to call Smith’s mother. When she didn’t answer, one of the workers instructed the other medical workers to “give it to [him] anyway.” They made no attempt to speak with Smith’s stepfather, who was waiting in the car outside 

A case in Maine involving a 5-year-old child who was given the COVID-19 vaccine without parental acknowledgment or consent was dismissed by the state Supreme Court, upholding a lower court ruling. The school held a vaccine clinic and sent out notices to parents stating that the vaccine is optional and that parents must sign the consent form. The parent had seen the notices regarding the vaccine clinic, including a text message that was sent days before the vaccine clinic. The lawsuit filing says the parents made a “conscious decision against vaccination” and did not sign the consent form or provide any other form of consent for their child to be given the COVID-19 vaccine. The Maine Supreme Court determined that medical practitioners have immunity from the PREP Act.

States dictate vaccine laws related to parental consent, religious exemptions, and mandates, but the federal government is able to intervene in cases involving vaccines provided through a federal program like VFC.

“The Vaccines for Children Program should never circumvent parents’ rights,” said Health and Human Services 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 has also issued a letter to healthcare providers to remind them about parental rights under HIPAA. The letter states, “In most cases, a parent is the personal representative of an unemancipated minor child (hereinafter, “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 details three limited exceptions to the rule that allow parents to act as the child’s personal representative. Those exceptions are:

-When the child consents to health care, and the consent of the parent is not required under state or other applicable law.

-When the child obtains health care at the direction of a court, or a person appointed by the court.

-When, and to the extent that, the parent agrees that the child and the health care provider may have a confidential relationship.

The letter states that these exceptions are typically limited to “certain types of health care services, such as mental health care.”

Currently, five states do not allow religious exemptions from vaccine mandates. The Informed Consent Action Network (ICAN) recently secured a victory in court to obtain religious exemptions for West Virginia, but the state Supreme Court issued a stay in the case. The West Virginia Board of Education responded by reinstating the mandate while the case plays out.

Governor Patrick Morrisey issued an executive order in January allowing religious exemptions for vaccine mandates. The school board voted in June to ignore Governor Morrisey’s executive order.

In September, Secretary Kennedy issued a letter affirming the right of states to uphold religious exemptions for awardees of the VCF. “Today’s letter makes clear that providers must respect state laws protecting religious and conscience-based exemptions to vaccine mandates,” said HHS Secretary Robert F. Kennedy, Jr.  “States have the authority to balance public health goals with individual freedom, and honoring those decisions builds trust. Protecting both public health and personal liberty is how we restore faith in our institutions and Make America Healthy Again.”