WILLIAM DONALD SCHAEFER, Governor

Ch. 299

(3) (I) "ADULT WHO HAS CARE AND CONTROL OF THE MINOR"
MEANS AN INDIVIDUAL WHO IS ACTING AS THE PARENT OF THE CHILD.

(II) "ADULT WHO HAS CARE AND CONTROL OF THE MINOR" DOES
NOT INCLUDE A TEACHER OR A BABY-SITTER.

(3) (4) "NOT REASONABLY AVAILABLE" MEANS:

(I)       AFTER REASONABLE ORAL OR WRITTEN INQUIRY, THE
REQUESTING AGENCY IS UNAWARE OF THE EXISTENCE OF A PERSON IN INTEREST;

(II)     AFTER REASONABLE INQUIRY, THE REQUESTING AGENCY
CANNOT ASCERTAIN THE LOCATION OF A PERSON IN INTEREST; OR

(III)   AFTER REASONABLE EFFORTS BY THE REQUESTING AGENCY TO
CONTACT THE PERSON IN INTEREST, THE PERSON IN INTEREST HAS NOT RESPONDED
IN A TIMELY MANNER, TAKING INTO ACCOUNT THE NEEDS OF THE CHILD FOR
WHOM SERVICES ARE TO BE PROVIDED, TO A WRITTEN OR ORAL MESSAGE FROM
THE REQUESTING AGENCY.

(4) (5) "PERSON IN INTEREST" MEANS:

(I)       A MINOR, IF THE INFORMATION REQUESTED CONCERNS
TREATMENT TO WHICH THE MINOR HAS THE RIGHT TO CONSENT AND HAS
CONSENTED UNDER TITLE 20, SUBTITLE 1 OF THE HEALTH - GENERAL ARTICLE;

(II)     A PARENT, IF THE PARENT'S PARENTAL RIGHTS HAVE NOT
BEEN TERMINATED;

(III)    A GUARDIAN, CUSTODIAN, OR A REPRESENTATIVE OF THE
MINOR DESIGNATED BY A COURT IF AUTHORIZED TO ACT ON BEHALF OF OR IN LIEU
OF A PARENT; OR

(IV)    AN INDIVIDUAL AUTHORIZED TO ACT AS A SURROGATE FOR
THE PARENT OR GUARDIAN IN ACCORDANCE WITH THE INDIVIDUALS WITH
DISABILITIES EDUCATION ACT, 20 U.S.C., § 1415(B)(1)(B) AND § 1480(5).

(5) (6) "PUBLIC AGENCY" MEANS A STATE OR LOCAL
GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY, INCLUDING A LOCAL
PLANNING ENTITY ESTABLISHED OR DESIGNATED IN ACCORDANCE WITH § 11 OF
THIS ARTICLE.

[(a)](C) Notwithstanding any other provision of State law and where not
prohibited by federal law, ON THE WRITTEN REQUEST OF A REQUESTING PUBLIC
AGENCY, a [State] PUBLIC agency [may] SHALL disclose information and PORTIONS
OF records [specified in subsection (b) of this section] on children, youth, and families
served by that agency to:

(1)     Any other [State] PUBLIC agency serving the same children, youth, and
families;

(2)     Any other [State] PUBLIC agency having children or youth in a
program, home, or residential facility funded or licensed by that agency; or

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