Kanawha Family Court Judge Jim Douglas
CHARLESTON – A family court judge says he plans to require all parenting plans to comply with West Virginia Code to include compulsory immunization requirements unless there is a recognized exemption.
Kanawha Family Court Judge Jim Douglas sent an email October 8 to all state family court judges and state Supreme Court officials informing them of his decision.
“Unless and until I am overruled, reversed, remanded or directed otherwise by legitimate, superior, legal authority, I fully intend to require, prospectively, as of this date, that all proposed parenting plans coming before me for approval include a mandatory provision for application to age-appropriate children that conforms with West Virginia Code §16-3-4, in its entirety, unless there is an exemption recognized by said statute,” wrote Douglas, who is seeking a seat on the state Intermediate Court of Appeals. “Of course, each of you may do as you see fit in your circuit, but I for one intend to protect ALL school children, within the realm of my judicial influence and jurisdiction, both inoculated and un-inoculated.”
West Virginia Code §16-3-4 establishes compulsory immunization requirements for children entering West Virginia schools or state-regulated child care centers for diseases including chickenpox, hepatitis-B, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough. Parents must provide proof of immunization or a medical exemption to the commissioner. Medical exemptions are granted by the state’s Bureau of Public Health.
Immunizations for school has been a hot topic in West Virginia recently.
Numerous lawsuits have been filed across the state regarding religious exemptions to vaccinations. Some state officials, including Gov. Patrick Morrisey and Attorney General J.B. McCuskey, butt heads with state agencies, such as the Board of Education, about how to handle such exemptions.
And, judges across the state have been split in rulings on the issue.
Berkeley Circuit Judge Michael Lorensen, for example, declined last month to order a preliminary injunction to make school system officials honor religious exemptions sought by nine families for students. That came days after Raleigh Circuit Judge Michael Froble granted a preliminary injunction for parents in a case, citing religious freedoms. And Mineral Circuit Judge Cody Pancake denied an injunction, saying state religious freedoms law does not directly apply to the vaccine requirements in code.
Last month, the state Supreme Court issued a scheduling order for a case involving school vaccination and the state religious freedom law following a request from the state school board for an expedited review.
The board also had asked the court to stay lower court proceedings, but the justices refused both.
“Upon consideration and review, the court is of the opinion to, and does refuse the motion for expedited consideration, and does refuse the motion for stay,” the order states.
As for Douglas’ missive, it doesn’t mention religious exemptions. State code specifies mandatory vaccinations unless the child or person is granted “an exemption from the compulsory immunization requirements.”
And state code only mentions medical exemptions.
“A request for an exemption to the compulsory immunization requirements of this section must be accompanied by the certification of a licensed physician stating that the physical condition of the child is such that immunization is contraindicated or there exists a specific precaution to a particular vaccine,” state code reads.
