Image Credit: capitol.tn.gov
The Tennessee Conservative [By Adelia Kirchner] –
A bill to combat current vaccine requirements by allowing moral and religious exemptions for Tennessee families who want to foster or adopt children under 18 months old and/or children with significant medical needs has been passed in the House Children and Family Affairs Subcommittee.
House Bill 1726 (HB1726), sponsored by Rep. Ron Gant (R-Piperton-District 94), would prohibit the Department of Children’s Services (DCS) “from requiring an immunization as a condition of adopting or overseeing a child in foster care if an individual or member of an individual’s household objects to immunization on the basis of religious or moral convictions.”
In a subcommittee meeting on Tuesday, Rep. Gant informed the committee that this legislation was originally brought by a constituent whose family went through the DCS foster care application process in 2022-2023.
“During the physical exams [the constituent] disclosed that the family was not vaccinated for flu and DTaP […] and submitted a letter of concern about their religious exemption to DCS,” he said. “They were denied fostering an infant due to their unvaccinated status.”
Rep. Gant explained that back in 2021, Sen. Joey Hensley (R-Hohenwald-District 28) had introduced SB1337 which amended the law “to not require immunization as a condition for adopting and fostering a child unless the child is under eighteen months of age or has a significant medical need that necessitates a household being immunized.”
Sen. Hensley’s legislation did not originally include children under 18 months, but the bill was amended after deliberation between bill sponsors and DCS “so as to not jeopardize the Title [IV-E] funding that the state receives.”
Rep. Gant told committee members that what he is trying to attempt with this bill is to expand the pool of families for foster care and adoption placement.
“The state could benefit from having, obviously, more caring homes available for placement […] that is the intent here, but at the same time we also need to respect the religious exemption request that’s in this legislation as well,” he said.
President of the American Academy of Pediatrics-TN Dr. Carlenda Smith (Vanderbilt Children’s Hospital), spoke in opposition of HB1726.
“We agree with the sponsors that we always want to do everything we can to find a loving, supportive home for every child in need,” stated Smith. “However, it is of utmost importance that vulnerable children have a safe and healthy home to live in.”
In response to Smith’s statement, Rep. Johnny Garrett (R-Goodlettsville-District 45) asked her what they as policy makers should do if a situation arises where the only family available to care for a child is not vaccinated or simply has not had their flu shots.
“Us, as lawmakers, have to decide things based upon the what ifs,” he said.
Smith reiterated multiple times that she would “still say that baby needs to be with a family who’s fully vaccinated.”
“I am also supposed to think of the what ifs as well, as a physician,” she said.
HB1726 was passed in subcommittee by voice vote and referred to the House Civil Justice Committee. Democrat Representatives Harris, Jernigan and Powell requested to be recorded as voting no.
Sen. Bo Watson (R-Hixson-District 11) is carrying the corresponding SB2359 which was passed in the Senate Judiciary Committee on February 20th, 2024. The legislation is scheduled for a vote on the Senate floor this Thursday, February 29th, 2024.
To contact your Tennessee Senator regarding this legislation, you can find their contact info HERE.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee.
You can reach Adelia at adelia@tennesseeconservativenews.com.
