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UPDATE: 2/25/2024 - HB 5206 died, it failed to be scheduled for a hearing in the House Senior, Children, and Family Issues Committee before the deadline for bills to be reported from committee in their chamber of origin of 2/25/2024.
HB 5206 was introduced in the House and referred to the House Senior, Children, and Family Issues Committee on 1/26/2024. The bill is sponsored by House Delegate David Pritt.
HB 5206 establishes that the decision of a parent or guardian not to vaccinate a child is not defined as child abuse, and it clarifies that the penalties of the child abuse statute do not apply.
HB 5206 amends West Virginia Code §61-8D-3 regarding child abuse that results in injury or creates a risk of injury and criminal penalties under Chapter 61 related to crimes and their punishment to create a new subsection §61-8D-3 (g) underlined as follows:
(g) Notwithstanding any provision of this code to the contrary, the decision of a parent, guardian, or custodian not to have a child vaccinated is not child abuse, and the penalty provisions of this section are not applicable.
NVIC SUPPORTS HB 5206 because parents, not state agencies, are best equipped to make vaccination decisions in the best interest of their children without fear of penalty or threat of removal of their children from their home. There have been instances across the country where parents have suffered harassment or threats of removal of their children from the home because child protective services claimed that the parent not vaccinating their child was "abusive." This is an unfounded assumption. Family history of vaccine injury or death, a previous vaccine reaction in a child, religious objections to vaccination, or concerns about safety, efficacy, or necessity of a vaccine are often the basis of vaccine refusal. Parents who refuse vaccination may be parents who are protecting their children from future possible harm or following their deeply-held religious beliefs. It is wrong to punish, fine, or restrict custody of a parent based on their vaccination choices. Neither CPS nor any state agency can decipher what is "safe" or "protective" for a child regarding vaccination, as those decisions are best left to the individual or the individual's parent or guardian who understands their medical history, family medical history, religious beliefs, and conscientious objections to vaccination. Vaccination is not a one-size-fits-all intervention, and it is dangerous to treat it as such. NVIC supports informed consent to vaccination, including the right to refuse without fear of punishment or criminal charges.
https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=5206&year=2024&sessiontype=RS&btype=bill - text, status, and history of HB 5206
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