WILLIAM DONALD SCHAEFER, Governor                            Ch. 275

(2) A PARENT, GUARDIAN OF THE MINOR, OR OTHER PERSON WHO,
UNDER A COURT ORDER, MAY CONSENT FOR THE MINOR HAS TOLD THE
INDIVIDUAL THAT THE INDIVIDUAL MAY NOT CONSENT FOR THE MINOR OR, IN THE
CASE OF A WRITTEN AUTHORIZATION, HAS IN WRITING WITHDRAWN THE
AUTHORIZATION.

(C) THE JUVENILE SERVICES ADMINISTRATION MAY CONSENT, FOR A MINOR
COMMITTED TO IT, TO THE IMMUNIZATION OF THE MINOR IF A PARENT, GUARDIAN
OF THE MINOR, OR OTHER PERSON WHO, UNDER A COURT ORDER, MAY CONSENT
FOR THE MINOR HAS BEEN CONTACTED AND:

(1) REFUSES TO CONSENT OR FAILS TO CARRY OUT CONSENT FOR THE
MINOR OR REFUSES DELEGATION OR FAILS TO CARRY OUT A DELEGATION UNDER
§ 18-4A-02 OF THIS SUBTITLE; AND

(2) DOES NOT EXPRESSLY DENY TO THE ADMINISTRATION THE
AUTHORITY TO CONSENT FOR THE MINOR.

(D) FOR THE PURPOSES OF THIS SECTION, A PERSON CANNOT BE CONTACTED

IF:

(1) THE LOCATION OF THE PERSON IS UNKNOWN;

(2) A REASONABLE EFFORT MADE BY A GRANDPARENT, ADULT
BROTHER OR SISTER, OR ANOTHER PERSON LISTED IN SUBSECTION (A) OF THIS
SECTION TO LOCATE AND COMMUNICATE WITH THE PERSON FOR THE PURPOSE OF
OBTAINING CONSENT HAS FAILED, AND NOT MORE THAN 90 DAYS HAVE PASSED
SINCE THE DATE THAT THE EFFORT WAS MADE; OR

(3)      THE PERSON WHO MAY CONSENT HAS BEEN CONTACTED AND THE
PERSON:

(I) REFUSES TO CONSENT OR FAILS TO CARRY OUT CONSENT FOR
THE MINOR OR REFUSES DELEGATION OR FAILS TO CARRY OUT A DELEGATION
UNDER § 18-4A-02 OF THIS SUBTITLE; AND

(II) DOES NOT EXPRESSLY DENY AUTHORITY TO THE

GRANDPARENT, ADULT BROTHER OR SISTER, OR OTHER PERSON LISTED IN
SUBSECTION (A) OF THIS SECTION TO CONSENT FOR THE MINOR.

18-4A-02.

(A) A PARENT, GUARDIAN OF A MINOR, OR OTHER PERSON WHO, UNDER A
COURT ORDER, MAY CONSENT TO THE IMMUNIZATION OF A MINOR MAY DELEGATE
THAT AUTHORITY TO CONSENT FOR THE MINOR TO ANY OF THE FOLLOWING
INDIVIDUALS IF THE DELEGATION IS IN WRITING AND CONTAINS THE
INFORMATION REQUIRED IN ANY REGULATIONS CONCERNING DELEGATION OF
CONSENT FOR IMMUNIZATION OF A MINOR ADOPTED BY THE DEPARTMENT;

(1)      A GRANDPARENT;

(2) AN ADULT BROTHER OR SISTER;

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