Vaccinating Children in State Care: What Happens to the Rights of Biological Parents to Consent?
In today's COVID-19 environment, under what circumstances can the state preempt the parent or guardian's medical decision-making authority regarding children regarding getting vaccinated?
October 08, 2021 at 10:01 AM
5 minute read
State and Local Government
Elisa Reiter (left) and Daniel Pollack. (Courtesy photos)
An uproar was recently triggered in New York regarding whether the state may vaccinate teenagers in state custody without their parents' or guardians' consent. Historically, minors were not legally permitted to make medical decisions simply because of their age and presumed immaturity. Consent resided with the parent or guardian. Considerable constitutional case law has endorsed this position. Yet, this presumption has gradually been revisited and revised. In today's COVID-19 environment, under what circumstances can the state preempt the parent or guardian's medical decision-making authority regarding children regarding getting vaccinated? Does a state's interest in the general welfare of its citizens allow it to supplant the authority of the child's parent or guardian or even the wishes of the children themselves?
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