Foster Care Does Not End Mother's Right To Object To Immunization

Arizona, like many states, requires children enrolled in day-care facilities to be immunized against various diseases, but creates an exemption for children whose parents have religious objections to immunization. Earlier this week, in Diana H. v. Rubin, (AZ Ct. App., Div. 2, Nov. 21, 2007), an Arizona Court of Appeals held that a mother retains the right to obtain a religious exemption for her child, even though the state has taken temporary physical custody of the child and has placed the child in foster care. The court concludes that a dependency determination does not extinguish a parent’s right to control the religious upbringing of his or her child. Judge Espinosa dissented, arguing that the majority's opinion "elevates the rights of the irresponsible parent over the needs of an innocent child..." Today's Douglas Daily Dispatch covers the decision.