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H.B. 1264 VETOES
(8) AN ADULT WHO HAS CARE AND CONTROL OF THE MINOR UNDER
AN ORDER OF A COURT OR BY COMMITMENT BY A COURT TO THE CARE OF AN
AGENCY OF THE STATE OR COUNTY, IF THE ADULT REASONABLY BELIEVES THE
MINOR NEEDS IMMUNIZATION; OR
(9) AN ADULT WHO HAS CARE AND CONTROL OF THE MINOR AS THE
PRIMARY CAREGIVER OF THE MINOR, IF THE ADULT IS GRANTED THE RIGHT TO
CONSENT TO IMMUNIZATION OF THE MINOR BY ORDER OF A DISTRICT COURT AS
PROVIDED IN § 18-4A-05 OF THIS SUBTITLE.
(B) AN INDIVIDUAL MAY NOT CONSENT FOR THE MINOR UNDER SUBSECTION
(A) OF THIS SECTION IF:
(1) THE INDIVIDUAL HAS ACTUAL KNOWLEDGE THAT A PARENT,
GUARDIAN OF THE MINOR, OR OTHER PERSON WHO, UNDER A COURT ORDER, MAY
CONSENT FOR THE MINOR HAS EXPRESSLY REFUSED TO GIVE CONSENT TO THE
IMMUNIZATION; OR
(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CASE OF A WRITTEN AUTHORIZATION, HAS IN WRITING WITHDRAWN THE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:
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