Per MT Law, Vaccinating Children Without Parental Consent Can Result in Civil Liability or Criminal Prosecution
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This past Saturday, Lewis and Clark Public Health Department advertised a COVID-19 vaccine clinic at East Helena Public High School aimed at children aged 5-11-years-old. The ad indicated that proof of the child’s name and age was not required and children need only be accompanied by a “caregiver.”
How do government employees at a clinic verify if the person accompanying a minor child is legally authorized to consent on the child’s behalf as opposed to someone who has no legal rights to make medical decisions for that child? Who qualifies as a “caregiver?”
A caretaker is not a vague or subjective label, but a clearly defined term in Montana law and not a designation just anyone, such as a local health department nurse, can take at face value.
A caretaker or “caregiver” must have a signed and notarized medical authorization affidavit that includes very specific criteria. A medical authorization affidavit is invalid unless it is written to conform substantially to the format outlined in the state statute and contains the warning provided for in paragraph 5 of the affidavit sample in MCA 40-6-502,
WARNING: DO NOT SIGN THIS FORM IF ANY OF THE STATEMENTS ABOVE ARE INCORRECT OR YOU WILL BE COMMITTING A CRIME PUNISHABLE BY A FINE, IMPRISONMENT, OR BOTH.CARETAKER RELATIVE’S MEDICAL AUTHORIZATION AFFIDAVIT. MCA 40-6-502.
A public or private health care provider or school official is only legally protected from civil liability, criminal prosecution, or a professional disciplinary procedure if they follow this law to the letter and are ensuring that any non-relative has proper medical authorization to make medical decisions on behalf of the child.
In essence, these government representatives and health care providers must ask for proper identification to be legally protected from recourse provided under a newly enacted law, Senate Bill 400:
“A governmental entity may not interfere with the fundamental rights of parents to direct… health care, and mental health of their children…”
“When a parent’s fundamental rights protected by this section are violated, a parent may assert that violation as a claim or defense in a judicial proceeding and may obtain appropriate relief against the governmental entity. The prevailing party in an action filed pursuant to this section is entitled to reasonable attorney fees and costs.”Montana Senate Bill 400
In July, Missoula County Public Schools allegedly vaccinated a 16-year-old girl against her parents wishes. According to the girl’s father, she was accompanied by an extended family member who was not authorized to consent for her and the girl fell ill after vaccination:
Taking her to the vaccine clinic was not her parents or guardians, but an extended family member, with whom she neither lives nor is particularly close to the family. Being “pro-vax,” he was happy to undermine the parent’s wishes and arrange for her transport to and from the clinic, twice. Given the school’s shaming of students who have not been vaccinated and the constant barrage of propaganda delivered to the students via educators and littering the school hallways and signage, the minor acted against the wishes of her parents.Missoula Child Vaccinated Secretly Against Parents Wishes and Now Seriously Ill. Montana Daily Gazette. July 1, 2021.
Montanans for Health and Family Rights (MTHFR) is formally requesting the Montana Department of Public Health and Human Services (DPHHS) and all Montana City-County health departments suspend all childhood COVID-19 vaccine clinics immediately until they can guarantee or demonstrate all of the following:
- Proper informed consent is followed.
- Proper documentation and procedures are created to ensure state laws on parental rights are followed.
- No minor is vaccinated when there is any doubt, or lack of proof, who has legal, medical decision making authority for that child.
- Show a medical emergency for children who are statistically likely to die from COVID-19 over any other communicable diseases and demonstrates via scientific double blind placebo trials that the statistical risks of contracting COVID-19 naturally statistically and significantly far outweigh the risks of all EUA COVID-19 “mRNA vaccine” related injuries or death.
MTHFR also asks that the concerned citizens request the Montana Attorney General’s Office investigate and bring criminal charges against culpable parties where necessary.
MTHFR Legal Defense*, on behalf of our members, is also seeking a Montana licensed attorney willing to pursue all legal options against any Health Department, corporate businesses like pharmacies, and all other culpable parties, collectively and individually, for violation of state and federal laws on informed consent and parental rights.
If you are a state licensed attorney, please contact [email protected] to make serious inquiry.
*MTHFR Legal Defense is a 501(c)(3) non-profit set up to protect medical and health freedom, parental rights, individual rights, informed consent, and medical privacy for all Montanans.
This article is not intended to offer legal advice, but to provide general information about your rights and the law.
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