Utah Vaccine Exemption a Trap for Parents

by Enoch Moore 1. August 2017 07:38

(UPDATE: Utah political elites have started to react to this article and the actions of parents, keep up the pressure when we're on the right track: SLTribune Attacks Parental Rights, Religious Freedom - Force Parents to Testify Against Themselves)

INTRODUCTION

If you are a parent in the state of Utah, this report will be well worth your time.

We have recently learned some very important lessons about immunization opt outs in Utah and this report is a public service to inform other parents, and hold our public servants and their employees accountable to the citizens of the state Utah.
Remember, government at all levels answers to the people, not the other way around.

If you don't want to read this whole article or listen to the entire video report, and you just want the bottom line so you can protect your family, we'll give that to you first.

Then we'll show you how we got there, and let you learn for yourself what it takes to hold bureaucrats who want to violate your rights accountable to the law and ultimately the US Constitution.



(Marbury vs. Madison, 1803)

Here is the bottom line:

  1. You do not have to sign the state provided immunization opt out form.  There is a way you can write a note yourself and be in compliance with the law.
  2. The form that the state provides contains an admission of guilt and child neglect, designed to hold up in court.
  3. There is a legal history in the United States of parents found guilty of child neglect after they chose not to vaccinate.
  4. Being forced to sign this form is a violation of your fifth amendment rights under the U.S. Constitution that guarantees you do not have to testify against yourself.
  5. Using the religious exemption option has a history of protecting families.  Courts have recognized religious freedom in most cases.
  6. Your right to use the religious exemption is currently under attack. The legislature has almost completely removed this option from the law starting July 1st, 2018, and your help is needed to reverse this action. (HB308, 2017, sponsored by Margaret Dayton and Norman Thurston)

At the bottom of this article we have some sample templates that parents have used in various school districts to opt out without signing the form.  We also have a call to action where you can help get the applicable parts of religious freedom put back into the law, and perhaps even improved upon.

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Sample letters that you can use can be found at the bottom of this page.  These template forms are based on letters that have actually been accepted by multiple schools in lieu of the state provided form.

Ultimately, the authority to make the decision is with the school or local entity, and NOT the state of Utah.  We have an official email from the state explaining that they do not actually tell the school what to do, they only act in an advisory role.  Therefore, if the school thinks they have to get permission from the state, you can let them know the state does not actually dictate whether they accept your note or not.

Additionally, your right to opt out with just a note is currently codified in Utah law (for now), but has actually been pulled out starting next
summer, July 1st, 2018.  So we have an urgent call to action for concerned citizens to ask their legislator to put this option back
into the law.  Please see the bottom of this article for what action to take.  If you want to reverse the incremental move
towards government mandated vaccinations, then please consider taking this action.

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THE FULL REPORT

Let's start with the law.  Because the law is all that matters in the end.  All levels of government are accountable to the law, and all law is accountable to the state and federal constitutions and the principles found in the US Declaration of Independence.

If the state law turns out to violate your natural rights, then that law is a bad law (illegal act).

Here is a recent (but former) superintendent of Utah's public schools, explaining that parents have a right to opt out of anything, they don't need a form:

Although you have a natural and constitutional right to simply not comply with something that violates your rights, if you can have the statute comply with the law (the constitution and natural law) it is easier to avoid trouble and work with bureaucrats (such as at the health department or your child's school).

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WHAT THE LAW ACTUALLY SAYS

The following partial screen shot was taken from this link, where you can always find the current version of the law: https://le.utah.gov/xcode/Title53A/Chapter11/53A-11-S302.html

 - The effective date is the day the law started
 - The superseded date means that the law is going to change to something else on that day

What the law means to parents is that in order to become exempt from state immunizations you can pick one of three options.  The first two options require you to sign the state provided form which violates your fifth amendment rights and admits guilt to child negligence.  The third option is shown below.  You simply need to write a statement that you are a member of a religion that has "teachings opposed to immunizations" or have a religious belief against immunizations.  If you are Christian of any type, then your religion has teachings against immunizations.  Aborted babies have been used in the manufacturer of some vaccines, some vaccines promote promiscuity because the disease they protect you against is only transmitted sexually, and in general by injecting dangerous ingredients into your body you are violating a holy temple of God.  If you are LDS and you take the overall message of the Word of Wisdom to mean you should keep your earthly tabernacle healthy, and you believe vaccines actually damage your body, then vaccinations also goes against the spirit of the word of wisdom.

 

The language of the law is simple and clear.  You have three options to choose from. 

Contrary to law, state and county websites in Utah actually claim falsely (by omission) that there are not three options.   

Here are two examples:

  

This is a clear example of how in a free society the citizens must be educated on the law on their own, and not just accept government policies at face value.

HOW LONG HAS THIS BEEN THE LAW?

This has been the law since at least 2010.  You can verify this yourself back to 2014 on the Utah Legislative website.  Defending Utah's attorneys verified that this has been the law since at least 2010.

Just like many of you I was told by my child's school that I needed an exemption form.  I had already studied the law, so I knew the plain language of Utah's law did not require me to use the state form. I had successfully used my own hand written note in the past, and I expected it wouldn't be a problem again.  What was different this time though, was that I was working with a school that was new to me, and they had never had anyone try to get around the form before.  Even though this has been the law since at least 2010, the school nurses and administrators did not even know that this was an option. 

TRYING TO APPLY THE LAW - DEALING WITH A BUREAUCRACY

The following audio tells the story of my own experience.  After the experience I am about to share with you, I asked myself the following questions:

1. Why has the state of Utah not made an effort to let parents know they don't need to sign the form? 
2. Why are they pushing so hard to make parents sign this form?  Even to the point of being dishonest about the law in order to make me believe I had no other choice, contrary to statue?

I began my adventure by simply trying to register my child for school.

In this newest attempt to use my own note to opt out, the school initially rejected it.  I brought the school a copy of the Utah code and they immediately agreed with me that it did look like I was allowed to opt out of the immunizations using my own form.

However, after the school called the Utah health department, the school said they were not allowed to register my child with the form I gave them.  I learned later that this was a manipulation when the health department admitted they were only in an advisory role and were not authorized to make the final decision.  (See email image below where they admitted this)

The school then asked me to contact the state of Utah to help them understand my position and here's what happened:

   Each health department employee I spoke to tried to convince me that the law said something that it didn't say.

   I asked the first health department employee to explain why they're telling the school to deny my form.

Health Dept. Employee 1 - Nasrin

  The first employee told me to take option B and tried to tell me that option C was not acceptable.

   To make sure she understood, I stated very clearly what the law actually says, and initially she agreed that I am correct.

   The health department employee attempted to distract from my claim that they're not following the law, and just told me that it's ok, because everybody else does it this way.

   She then back tracked on agreeing with me about the law, and now claimed it's not the law.

   As she continually refused to acknowledge that they should follow the law, she next tried to dig for unrelated information.

   Next she tried to get me to rat out other schools who were actually honoring the law...  why was she so interested in this information?

Health Dept. Employee 2 - Rich Lakin

   I explained to Rich the law, and he repeated Nasrin's false narrative about the law.

  While claiming to be reading from the current law, Rich falsely stated language that isn't anywhere in the statute.

   It is completely false that the law requires verification from any kind of clergy or organizational policy.
   I made sure I very plainly refuted his claim.

   This is where they started getting really brave in their defiance of my rights.  Rich said there is some other law somewhere that he is referencing that backs up what he's telling me.

   He next spent over a minute trying to find the reference for what he already claimed he was reading from somewhere, then comes back completely fumbling that he can't seem to find it, and he was only stating it from his memory.

   After I next explained he was getting into a religious freedom issue, he finally decided to just allow me the exemption.

   Wow! Finally some justice, right?  Well, that's what I thought.  But apparently somebody else didn't like his decision, and he called me back and changed his mind. 

   He then bold face lied, and says there is no option C.

   And to justify his back peddling, he REALLY started bold face lying about the law, in very specific details.  He admitted the law is there but claimed it's in a different section, where if he were right, it would force me to sign the state's form.
   The mental gymnastics that Rich tried to pull would be completely comical if it weren't for the fact that he was doing it to try to deny a citizen of the state he works for his rights under the law.

   Take a look at the law itself (screenshot above) while you listen to this audio clip, and you'll see how blatant his deception is.

   If Rich is telling the truth, then there must be a copy of the document somewhere I can also see, right?  Here's what happens when I try to find out how I can also see what he claimed to see.

Health Dept. Employee 3 - Allyn Nakashima - Didn't return call

Health Dept. Employee 4 - Heather Borski - Director

   Initially, the director of the division of disease control and prevention backed up the same false narrative, and even tried to tell me that I was right, but not until a future date.  Which is ironic, because the truth is the opposite of that.  The future date is when option C is actually completely removed from state law.

   So perhaps she truly didn't know what the law says, even though it's a foundational piece of the department that she is the director over.  I'd like to believe that they are just ignorant of the law, but the evidence doesn't point in that direction.

   The director then made one last final effort to claim that Utah's laws have been published wrong and that she is correct.

   One more time, I tried to figure out where they were reading their version of the law from.  Because I truly tried to give them a chance to prove that they're not purposely lying to me.

   So what happens next is I received an email where she was supposed to send me her version of the law, but instead she said she's going to quadruple check if she's actually right.

   This email is followed up by a phone call, where she finally admitted once and for all, that I was correct...

 

SO DEFENDING UTAH IS RIGHT... THEN WHAT'S THE BIG DEAL WITH THE FORM?

So the question now that I have is, why are they fighting so hard to make parents sign that form.  Why not just allow it and move on?  Somebody seems to have very strong feelings that only this form is signed, and the third option is not exercised.

So logically, we should look at the state form so we can see if there are any concerns with signing it.

I got a copy of a sample form from a school, but the sample form is not what I actually sign.  It turns out that policy is you're not allowed to get a copy of the form you really sign, unless you actually go to the health department and sign it.

That sounds even more fishy to me.  So I became determined to get a copy of the form so that I could send a copy to my attorney.

Now that we got a copy of the form, let's compare the two forms side by side, and see if there was a difference between the sample form and the actual form.

This comparison image was made from these two documents

1. Sample-Exemption-Form_5-1-2017.PDF (127.09 kb)

2. Utah-State-Vaccination-Exemption-Form_5-15-2017-(Incriminating).PDF (112.19 kb)

 

 

It turns out, this very critical statement is missing from the sample form.  You are signing that you agree you are putting your child at risk.

The fifth amendment to the U.S. Constitution guarantees your right to not testify against yourself.  By signing your name to the state form, you are documenting that you agree you are willingly putting your child at risk. 

My personal opinion is that you should not sign something unless you actually agree with what you're signing.  Many parents certainly don't agree with this.

In fact it's quite common to have the opposite position that one is avoiding very serious risk by NOT vaccinating.

IS SIGNING THIS FORM POTENTIALLY DANGEROUS?

Is there any valid concern over making such an admission on paper?

The American Journal of Public Health did a formal legal study and found a history of at least nine cases where parents were accused of child neglect based on not vaccinating their child.  Most of them considered the refusal to vaccinate grounds for child neglect.  Especially when the parent had admitted that not vaccinating was dangerous (which is exactly the incriminating part of the state form).

Legal Research Report by AJPH: Parent Refusal of Childhood Vaccines and Medical Neglect Law

This topic makes headlines on a regular basis:

 - Will Refusing Vaccines Soon Lead to CPS Kidnapping Your Children for Medical Neglect

 - California Vaccine Refusers to Get “Court Order” or “CPS Visit”

 - Parents in Philadelphia Lost Custody of Their Children Who Were Forced to Receive the Measles Vaccine

 - Mother arrested for refusing to vaccinate child

There's a great write up on parentsaganinstmandatoryvaccines.net titled "DO NOT SIGN the Refusal to Vaccinate form!", which explains that the Center for Disease Control (CDC) has influenced the creation of these forms, which were created to stand up against parents in court, which is why the state form requires the parent's signature to be "witnessed" by another person.  

However, the law in Utah under option C does NOT require a witness.

 - DO NOT SIGN the Refusal to Vaccinate form!

What if you've already signed it?

There's no clear cut answer on what to do if you've already signed the form (most parents already have), but this article discusses various opinions on how people might be able to withdraw their consent.  This article discusses a specific form that people fill out for doctors instead of schools, but the principles are the same.
https://parentsaganinstmandatoryvaccines.net/2015/01/26/so-youve-signed-the-refusal-to-vaccinate-document/

 

CONCLUSION

So that concludes our adventure into the bureaucratic twilight zone of Utah.  Let's review the bottom line, and then talk about what happens next. 

  1. You do not have to sign the state provided immunization opt out form.  There is a way you can write a note yourself and be in compliance with the law.
  2. The form that the state provides contains an admission of guilt and child neglect, designed to hold up in court.
  3. There is a legal history in the United States of parents found guilty of child neglect after they chose not to vaccinate.
  4. Being forced to sign this form is a violation of your fifth amendment rights under the U.S. Constitution that guarantees you do not have to testify against yourself.
  5. Using the religious exemption option has a history of protecting families.  Courts have recognized religious freedom in most cases.
  6. Your right to use the religious exemption is currently under attack. The legislature has almost completely removed this option from the law starting July 1st, 2018, and your help is needed to reverse this action.

NOW WHAT DO WE DO - TAKING ACTION

1. Use option C to opt your child out.  Don't accept option B.  Stand your ground.

As I did, bring a copy of the law with you so you can show the school that option C is written into the law.

Sample letters that you can use can be found below.  These template forms are based on letters that have actually been accepted by multiple schools in lieu of the state provided form.  And even had the direct approval of the attorney of one of Utah's school districts.

Ultimately, it is up to the school, and NOT the state of Utah.  We have an official email from the state admitting that they do not actually tell the school what to do, they only act in an advisory role.

2. Tell your legislator to sponsor this model legislation to restore parental rights in Utah.

Public-Health-and-Schools-Amendments.pdf (81.29 kb)

 

Your right to opt out with just a note is codified in Utah law for now, but has actually been pulled out starting next summer, July 1st, 2018.  So we have an urgent call to action for concerned citizens to ask their legislator to put this option back into the law.  If you want to reverse the incremental move towards government mandated vaccinations, then please consider taking this action.

Please take this model legislation to your legislator, and ask him to sponsor this bill to improve vaccine opt-out freedom in Utah:

Download, print, take to your legislator: (Public-Health-and-Schools-Amendments.pdf (81.29 kb))

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SAMPLE LETTERS/TEMPLATES

These template forms are based on letters that have actually been accepted by multiple schools in lieu of the state provided form.

These are provided as samples only.  As with any legal document always read and understand for yourself and seek your own legal counsel.

SHORT OPT OUT SAMPLE:

Vaccine-Exemption-Letter-Template-(Short)_5-23-2017.docx (18.32 kb)

STANDARD OPT OUT SAMPLE:

Vaccine-Exemption-Letter-Template_5-23-2017.docx (21.43 kb)

 

Sources:

1. Utah Legislative Website, HB 308: https://le.utah.gov/~2017/bills/static/HB0308.html

2. Utah Legislative Website, 53A-11-302: https://le.utah.gov/xcode/Title53A/Chapter11/53A-11-S302.html

3. Police state registry system being set up to track your vaccination status
https://parentsaganinstmandatoryvaccines.net/2014/08/02/polic-state-registry-system-being-set-up-to-track-your-vaccination-status/

4. DO NOT SIGN the Refusal to Vaccinate form
https://parentsaganinstmandatoryvaccines.net/2015/08/18/do-not-sign-the-refusal-to-vaccinate-form/

5. American Journal of Public Health (AJPH): Parent Refusal of Childhood Vaccines and Medical Neglect Law

6. Utah Sample-Exemption-Form_5-1-2017.PDF (127.09 kb)

7. Utah-State-Vaccination-Exemption-Form_5-15-2017-(Incriminating).PDF (112.19 kb)

8. Vaccination Notice for Physicians

9. Protect Your Child from Child Protective Services

10. Marbury vs. Madison, 1803

11. Harvard Study Proves Unvaccinated Children Pose No Risk

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