Can The State Over ride Parents Invocation To Waive Immunizations for Child?

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Miss_Cherokee

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My Child was put in Temporary foster care. Shortly after arriving in foster care he was taken for his immunization updates. Cps was involved and the case was still in investigation. My parental rights have not been terminated..within 2 weeks of being placed he was given shots. This medical procedure is against my beliefs and in his school medical file, in order for him to even attend school there has been an Immunization Waiver form affidavit issued by the Texas Dept. Of Health allowing me to invoke this right to waive his mandatory immunizations. THis form must be on file and up to date in order for him to attend school. The worker in charge of my son failed to read his medical file and check to see why he might be delinquent in his immunizations, or how he was even able to attend school at all, and he was taken in for this procedure. Do I have any legal recourse in suing the state for violating my right to waive undue medical procedures on my child? I am so angry about this.. among myriad of other civil rights I believe Child Protective Services are allowed to trample on and violate. I would research this myself if I only knew where to look. This agency seems to have a broad sweeping set of legal allowances that seem to let 'them' get away with so much. Any help or direction concerning this matter or where I might be able to resource their laws and legal permissions to do what they do and cannot do would be greatly appreciated. Also I am contesting the decision the agency made for removing my child in the first place. And who oversees my complaint? Cps of course..Where is the fairness or impartiality in that? They have broad sweeping legislative power and abuse it. SO much so that it seems impossible to research exactly what kind of power this agency wields exactly.. Thank you for your input.
 
If the child was in foster care they were, temporarily, made a ward of the court. The law may require such wards to be immunized even if there is an ability for you to otherwise decline.

You are free to consult legal counsel on the matter if you wish, but unless it is clearly against the law for them to provide these immunizations without your permission, expect to spend a lot of money on attorneys and a lot of time in court.

There should eventually be a court hearing on the seizure and temporary placement. Perhaps you can bring up your concerns at that time.
 
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