Friday, March 18, 2022, marked a huge victory for parents of children aged 11 and up in Washington, D.C. Parents brought cases supported by the Informed Consent Action Network (ICAN) and Children’s Health Defense (CHD) before the courts arguing a current law and amendment violated their Constitutional and parental rights.
On March 16, 2021, D.C. Law 23-19,. Minor Consent for Vaccinations Amendment Act of 2020 became law giving children aged 11 and older the ability to consent for vaccinations without parental knowledge. Additionally, school districts, insurance companies, and the child’s doctor were prohibited from sharing the child’s true vaccination status with their parents. In order to keep parents in the dark, these entities went as far as to tamper with official documents in the child’s medical records in the clinic, the insurance billing, and school files. Vaccines which the child consented to, without the parents’ knowledge, were scrubbed from these files.
The court order granted a preliminary injunction putting a hold on the law as it reads now, until further court decisions are made. The court indicated that parents’ arguments in the case held merit and they’d likely succeed if a child was indeed vaccinated, and a case brought before the court. While this doesn’t completely dismantle the law, it reverts the youngest age of consent for vaccines to 18 years until further notice.
The Law Brought to Court
The amendment to the law is known as the Minor Consent for Vaccinations Amendment Act of 2020. There are many provisions built in so that parents would have no knowledge of their child receiving a vaccine that the parents themselves hadn’t consented to. It was written and constructed so deliberately to deceive parents, that the courts recognized it would likely be defeated in court.
The law reads as below:
“(a) A minor, 11 years of age or older, may consent to receive a vaccine if the minor is capable of meeting the informed consent standard, the vaccine is recommended by the United States Advisory Committee on Immunization Practices (“ACIP”), and will be provided in accordance with ACIP’s recommended immunization schedule.
“(b) For the purposes of this subsection, a minor shall be deemed to meet the informed consent standard if the minor is able to comprehend the need for, the nature of, and any significant risks ordinarily inherent in the medical care.
“(c) The Department of Health shall produce one or more age-appropriate alternative vaccine information sheets, which shall be made available before vaccination of minors to support providers for use in the informed consent process.
“(d)(1) Providers who administer immunizations under the authority of this subsection shall seek reimbursement, without parental consent, directly from the insurer, which may be Medicaid, Alliance, or private insurance. The provider shall notify the insurer that the immunization has been provided under the authority of this section.
“(2) Insurers shall not send an Explanation of Benefits for services provided under the authority of this subsection.
“(e) A minor who receives services provided under the authority of this subsection shall have access to the minor’s immunization records without parental consent.”.
Amend § 38-602
Sec. 3. Section 3(a) of the Student Health Care Act of 1985, effective December 2, 1985 (D.C. Law 6-66; D.C. Official Code § 38-602(a)), is amended as follows:
(a) The existing text is designated as paragraph (1).
(b) A new paragraph (2) is added to read as follows:
“(2) If a minor student is utilizing a religious exemption for vaccinations or is opting out of receiving the Human Papillomavirus vaccine, but the minor student is receiving vaccinations under section 600.9 of Title 22-B of the District of Columbia Municipal Regulations (22-B DCMR § 600.9), the health care provider shall leave blank part 3 of the immunization record, and submit the immunization record directly to the minor student’s school. The school shall keep the immunization record received from the health care provider confidential; except, that the school may share the record with the Department of Health or the school-based health center.”
Age of Consent Varies By State
Washington, D.C. isn’t the only region with minor consent laws in place. Only 40 of the 50 states require parental consent up till the age of 18. Nebraska is the only state that requires it till the age of 19. In 9 states, parental consent is either not required, or the medical provider can waive it if they deem the child capable of making their own decisions.
According to the Kaiser Family Foundation’s (KFF) website, as of October 11, 2021, some variations and allowances were also available:
*In Arizona, parental consent is required, but if a child or a doctor requests it, a court order can be obtained to allow for vaccination.
*San Fransisco allows minors age 12+ to self-consent for the COVID-19 vaccine.
*In DC, each healthcare provider may institute additional requirements which could include requiring a parent or guardian to be present.
*A new state law in North Carolina requires that a parent or legal guardian provide written consent for anyone under 18 to receive a vaccine that has emergency use authorization from the Food and Drug Administration (FDA). The Pfizer-BioNTech vaccine has received full FDA approval for those ages 16 and older. As a result, parental consent is currently required for individuals under age 16; however, providers may allow minors ages 16 and 17 to self-consent to health services if they are deemed to be mature enough to do so
*Philadelphia allows minors age 11+ to self-consent for the COVID-19 vaccine.
The Reality of Adverse Events
Vaccine injuries or adverse events have been considered a “rare” occurrence to many mainstream medical professionals, public health agencies, and advocates. However, there are other doctors, including pediatricians, who are raising awareness and urging caution with the CDC’s vaccine schedule and declarations of “safe and effective.” This isn’t limited to the newly released COVID vaccines, but all childhood vaccines.
Through March 11, 2022, there have been 44,293 reports made to the Vaccine Adverse Events Reporting System (VAERS) for children ages 17 and under for the COVID vaccines alone. For all of the vaccines children have been given since 1987, there have been 363,167 reports into VAERS.
The VAERS system has shown a less than 1% reporting rate for adverse events due to childhood vaccines due to a study done by Lazarus and Harvard Pilgrim Health Care, Inc. For many years, vaccine reactions have been declared “rare,” however many question the reporting rate as to the reason for that.
In recent months, doctors, nurses, and other healthcare professionals have come forward to discuss the difficulties of reporting to VAERS. The process is long, tedious, and must be done in one sitting. Another factor in the significant lack of reporting is attributed to the push for vaccines and the lack of support for those who recognize vaccine injury.