Unless there is known objection by the parent or person with legal authority over the child, the caseworker must ensure that children in DFPS conservatorship are immunized against disease. The immunization scheduleExternal Link is in accordance with the American Academy of Pediatrics Periodicity ScheduleExternal Link, as recommended by the Texas Department of State Health Services (DSHS).

Minimum Standards and Guidelines for Child-Placing Agencies, §749.1421External Link

In the Medical Services Resource GuidePDF Document, see Immunizations.

If the caseworker has actual knowledge that the parent (or person who had legal authority to make medical decisions for the child before the child entered DFPS conservatorship) objects to the immunization, the caseworker cannot consent to immunization without a court order.

Texas Family Code §32.101External Link

If the caseworker has knowledge of the parent’s objection, the caseworker must note on Form 2085B Designation of Medical ConsentersWord Document that the Medical Consenter may not consent to immunizations.

If the caseworker feels that a medical emergency requiring immunization exists, the caseworker consults with the supervisor and the attorney representing DFPS in the case to determine whether to request a court hearing.

Consent for Immunizations by Pregnant or Parenting Foster Youth

A youth may consent to his or her own immunization for a disease if the youth is pregnant or parenting and the Centers for Disease Control recommends the initial dose for the vaccine to be administered before 7 years of age. See:

Texas Family Code §32.1011(a)External Link

Centers for Disease Control and Prevention (CDC) Vaccines and ImmunizationsExternal Link

The ability to consent for immunizations does not give the youth the right to refuse a vaccine that the healthcare provider recommends and the youth's medical consenter has agreed upon, unless the youth has been designated his or her own medical consenter.