Can Children Get Vaccines Without Parental Consent?

Common sense is DEAD. We must resuscitate it though, for the sake of our country. Everyday I learn something new. Things that I can’t imagine are true, when investigated, I find out they are.

I learn so much from my constituents. People contact me with ordinary simple questions. When I seek the answers, often times it’s shocking what I learn.

Last week, a constituent contacted me with his concerns. He had heard that children under 12 years of age could receive the Covid vaccine without the permission of a parent or guardian. He wanted to know if the Legislature had passed such a statute or if the Governor had issued an executive order. My first reaction was, “Good Grief, that’s crazy talk.” I knew there had been no such directive from the General Assembly and I was pretty certain the Governor had not issued such an order. I responded that I was not aware of any such action by the General Assembly or the Governor.

Just to be certain of my common sense response, I contacted DHHS to make sure.  My question was, “Can children receive the Covid vaccine without consent of parents?”

This is the answer I received via text:  “It is expected that for most teens, information about vaccination with parents and guardians and parental/guardian consent will be obtained for COVID-19 vaccination for youth under age 18. For each COVID-19 vaccine authorized under an EUA, the Food and Drug Administration (FDA) requires that vaccine recipients or their caregivers are provided with vaccine-specific information consistent with the EUA to help make an informed decision about vaccination. North Carolina law also gives people under the age of 18 the ability to make certain health decisions, including the choice to get a COVID-19 vaccine, if they show the decisional capacity to do so.

Decisional capacity is a person’s ability to understand their health and health care needs and options, and to make decisions about them. As part of normal development most children are able to make these kinds of decisions like an adult at some point before the age of 18. There is no one age at which this always occurs; it varies from child to child.

I can’t imagine a medical professional thinking someone as young as 12 could provide informed consent on their own, and if one did I’m sure that could be brought to the attention of their licensing board.

Also, while I’ve heard the whole ‘I’m been told 12 year olds are getting vaccinated without consent’ chatter at the General Assembly, no one has been able to show me anyone who’s actually doing that. If someone is, I definitely want to know.”

Let me translate that, I hope accurately: “Our goal is to provide information for parents and children regarding Covid vaccines. However, if the health care provider (whoever that is) determines that your child is mature enough to make this decision, we will accept that decision. I don’t think anyone is agreeing to vaccinate 12 year olds but if they are, please let me know.”

 The fact that it could possibly be allowed, by a provider who determines your child is mature enough, is quite disturbing. Parents should be involved in any health care decision for minors.

This was striking to me, that any child, whether 12 or 17, is able to make this decision without parental involvement. Children can’t have an aspirin administered without consent, can’t have ears pierced, can’t go on a field trip, etc. but it’s possible to be administered a vaccine (that has not been FDA approved) without consent of a parent or guardian?

I am not an anti-vaxxer. I have had the vaccine and so have all members of my immediate family. I do draw the line though, when children are allowed to consent to any vaccine, or any other health care decision,  without the consent of parents. 

We must remember that the Covid vaccine was approved under “Emergency Use Authorization” and did not go through the normal FDA approval process. We have no idea what side effects will be discovered in the future. Especially for children, there are many unknowns. Health care providers should make certain that parents and children are aware of any complications that might happen.Parents should absolutely be involved in this decision and I’m shocked that it is not a requirement “cast in stone.”

Just because vaccine approval hasn’t gone through the traditional FDA approval process doesn’t mean it hasn’t been rigorously tested. The EUA process simply made it possible for the FDA to clear the vaccines for use during the COVID crisis based on the best available evidence, weighing both the potential benefits and risks. My understanding is that vaccines have undergone the same rigid research and development submission of clinical trials data that are necessary for licensure. The process has been thorough, but parents still need to make the decision based on the data they are given.

Currently, parents are divided on whether their children should get COVID shots. A Kaiser Family Foundation (KFF) survey conducted in April found 30% of parents of kids 12 to 15 intended to get their child vaccinated right away. But 26% are taking a wait-and-see approach, and 19% indicated that they’ll only do it if their child’s school requires it. Another 19% are firmly opposed—they say they definitely won’t get their kids vaccinated against COVID-19.

We do know that children are less likely to become seriously ill as a result of contracting Covid. We also know that children are less likely to spread the virus. But parents should have the option of weighing all of the risks and making an informed decision for the family. Children are not capable of making major decisions without the help from parents. 

My very next move, after hearing from DHHS, was to begin drafting a bill to make certain that children must have parental consent to make this decision.  

NewsFlash: Parents are adults and children are NOT. Health Care decisions are important and should be made by adults. That’s just Common Sense.