Marion County parents who lost custody of their eight young children last year also lost their fight Wednesday to prevent the state from immunizing the children.
The Oregon Court of Appeals ruled that the parents -- identified only as S.M. and R.M. in the opinion -- didn't have the right to stop child welfare workers from having the children, ages 1 to 8, vaccinated against an array of infectious diseases.
The parents said vaccinations are against their religious beliefs, which is an exemption to school vaccination requirements under Oregon law.
But the children's attorney and the Oregon Department of Human Services had sought and received a court order in April 2012 requiring that the children get their shots. They argued that because the state had custody of the children, it also had the power to make medical decisions for them. The appeals court affirmed a Marion County circuit judge's ruling.
The opinion likely will add fuel to the fiery debate about a small but significant number of families in Oregon who delay or shun immunizations altogether because of what they believe can be irreversible adverse health effects.
Oregon has made national headlines because of the notable swath of families who take issue with vaccines. The rate of Oregon kindergartners who received exemptions from vaccines was 5.8 percent last year -- amounting to more than 2,600 kindergartners across the state. Oregon's exemption rate leads the nation, according to the federal Centers for Disease Control.
In the Marion County case, the children were removed from the parents' home because of concerns about their welfare, but the opinion didn't offer any details and attorneys declined to talk about the case because of special protections placed on juvenile cases. Although the children are wards of the state and living with relatives, the mother and father still have parental rights.
The parents also couldn't be reached for comment.
It appears the children haven't yet been immunized because a Marion County judge -- upon the parents' request -- froze last year's order pending the outcome of their appeal. The parents have the option of appealing Wednesday's ruling to the Oregon Supreme Court.
Gene Evans, a DHS spokesman, said state law and agency policy require child welfare workers to ensure that children in department custody get their shots. If the parents object, caseworkers check with a doctor to make sure the child doesn't have allergies or other medical conditions that could cause a bad reaction, Evans said. If a doctor recommends immunizations, the department has the option of turning to a judge for permission.
In making its ruling, the appeals court noted that North Carolina and Georgia courts similarly have denied parents without custody of their kids a say in immunizations.
But the court also noted that it found one state -- Arizona -- that ruled a mother who still had parental rights could prevent her child from being vaccinated.
-- Aimee Green
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