Around 40% of the foster children in the state’s care who are ages 5 and older have not received a COVID-19 vaccine despite being eligible.
“Generally, the age of majority is eighteen in Texas,” Paxton wrote in his opinion. “[Children] are considered by the State in most regards to be without legal capacity to consent, contract, vote, or otherwise.”
“It is also possible that DFPS has confused requirements related to a child’s assent to participation in medical research or drug trials with language in the federal statute allowing emergency authorization of a drug or medical procedure,” the monitors wrote. The report on foster care vaccinations was prepared by court monitors who act as watchdogs of the state’s foster care system as part of aagainst Texas. It details young children being allowed to refuse the vaccine, oftentimes seemingly nonchalantly or with little resistance from caseworkers.
Earlier this month, a foster child who recently turned 8 rejected the vaccine because it was a shot, according to the caseworker who spoke to her.
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