20-5-409. Failure to immunize or claim exemption — injunction. (1) A parent, guardian, or adult having the responsibility for the care and custody of a minor required by law to attend school shall elect to do one of the following:

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Terms Used In Montana Code 20-5-409

  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 20-5-402
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Local health department: means a city, city-county, county, or district health department. See Montana Code 20-5-402
  • School: means a place or institution for the teaching of individuals, the curriculum of which is composed of the work of:

    (a)any combination of kindergarten through grade 12;

    (b)a postsecondary school; or

    (c)a preschool. See Montana Code 20-5-402

(a)present evidence to the school that the minor has been immunized against the diseases specified in 20-5-403;

(b)take action to fully immunize the minor against the diseases listed in 20-5-403, in the manner and with immunizing agents approved by the department;

(c)file for an exemption pursuant to 20-5-405.

(2)If, as a result of the parent, guardian, or responsible adult’s failure to make the election referred to in subsection (1), the minor is excluded from school, the department or the local health department may seek an injunction requiring the parent, guardian, or responsible adult to elect and perform one of the alternatives listed in subsection (1).

(3)Injunction is the exclusive remedy for failure to take any of the actions referred to in subsection (1).