State May Vaccinate Children in Its Custody, Even Over Parents’ Objection

Posted on June 10, 2019 8:01 pm

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From N.J. Div. of Child Protection & Permanency v. J.B. (N.J. Super. Ct. App. Div.): The age appropriate immunizations required by N.J.A.C. 3A:51-7.1(a)(2) are a reasonable means of ensuring the health and safety of the children in the care and custody of the Division, especially during a measles outbreak. Parental rights must yield to the safety and well-being of Son and Daughter under these circumstances. See, e.g., Sadlock, 137 N.J.L. at 88 (“[T]he police power of a state must be held to embrace, at least, such reasonable regulations established directly by legislative enactment as will protect the public health and the public safety.” (quoting Jacobson v. Massachusetts, 197 U.S. 11, 25 (1905))).…