Juvenile Court May Order Immunization of Children In State Custody Over Religious Objections of Parents

In In re M.M., (OR App., April 3, 2013), the Oregon Court of Appeals upheld the authority of a juvenile court to order immunization of children who are wards of the court, even though the children's mother and father have religious objections to immunization.  At issue is a court order involving eight children (between 1 and 8 years old) taken from their parents and placed in custody of the Department of Human Services after the court found their conditions endangered their welfare. The court held that "nothing in the juvenile code provisions that authorize the juvenile court or a child's legal custodian or guardian to make health-care decisions for a child limits that authority by providing or recognizing a right of parents to exempt their children from immunization."  The court also concluded that "the order did not unlawfully infringe on parents' constitutional rights to direct the upbringing of their children." The Oregonian reports on the decision.