WILLIAM DONALD SCHAEFER, Governor                        H.B. 1264

(2)      THAT, IF THEIR IDENTITIES ARE KNOWN, THE PARENT, GUARDIAN,
OR OTHER PERSON WHO, UNDER A COURT ORDER, MAY CONSENT FOR THE MINOR
CANNOT BE CONTACTED; AND

(3)      THAT THE ADULT HAS CARE AND CONTROL OF THE MINOR AS THE
PRIMARY CAREGIVER OF THE MINOR.

(C) A PETITION MAY BE HEARD WITHOUT NOTICE TO A PARENT, GUARDIAN,
OR OTHER PERSON IF, UPON REASONABLE EFFORT, THAT PERSON CANNOT BE
CONTACTED.

(D) AFTER A HEARING, IF THE COURT FINDS THE GRANT OF AUTHORITY IS IN
THE BEST INTERESTS OF THE MINOR, THE COURT MAY GRANT AUTHORITY FOR THE
ADULT TO CONSENT TO THE IMMUNIZATION OF THE MINOR FOR WHOM THE ADULT
IS AN INFORMAL GUARDIAN.

IN THIS SUBTITLE, "PARENT" MEANS:

(1)      A NATURAL OR ADOPTIVE PARENT OF A MINOR;

(2)      A GUARDIAN OF A MINOR; OR

(3)      ANY OTHER PERSON WHO, UNDER COURT ORDER, IS AUTHORIZED
TO GIVE CONSENT FOR A MINOR.

18-4A-02.

(A)     SUBJECT TO THE PROVISIONS OF THIS SECTION, A PARENT MAY
DELEGATE VERBALLY OR IN WRITING THE PARENT'S AUTHORITY TO CONSENT TO
THE IMMUNIZATION OF A MINOR TO ANY OF THE FOLLOWING INDIVIDUALS, NOT IN
ORDER OF PRIORITY:

(1)      A GRANDPARENT;

(2)      AN ADULT BROTHER OR SISTER;

(3)      AN ADULT AUNT OR UNCLE;

(4)      A STEPPARENT; OR

(5)      ANY OTHER ADULT WHO HAS CARE AND CONTROL OF THE MINOR.

(B)     IF A PARENT VERBALLY DELEGATES THE PARENT'S AUTHORITY TO
CONSENT TO THE IMMUNIZATION OF A MINOR UNDER THIS SUBTITLE, THE PERSON
DELEGATED THE AUTHORITY SHALL CONFIRM THE VERBAL DELEGATION IN
WRITING AND THE WRITTEN CONFIRMATION SHALL BE INCLUDED IN THE MINOR'S
MEDICAL RECORD.

(C) A GRANDPARENT, ADULT BROTHER OR SISTER, ADULT AUNT OR UNCLE,
OR STEPPARENT OF A MINOR WHO IS THE PRIMARY CAREGIVER OF THE MINOR
AND WHO MAY CONSENT TO THE IMMUNIZATION OF THE MINOR UNDER
SUBSECTION (A) OF THIS SECTION MAY DELEGATE THE AUTHORITY TO CONSENT TO
THE IMMUNIZATION OF THE MINOR TO ANOTHER ADULT IN THE MANNER
PERMITTED UNDER SUBSECTION (B) OF THIS SECTION.

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