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<section article="ghg" article_name="Health - General" number="18-4A-03" title_number="18" title_name="Disease Prevention" subtitle_number="4A" subtitle_name="Consent to Immunization of Minors">
  <level label="a">
    <text>Subject to the provisions of this section, the following individuals, not in order of priority, may consent to the immunization of a minor if a parent is not reasonably available and the authority to consent is not denied under subsection (b) or (c) of this section:</text>
    <level label="1">
      <text>A grandparent;</text>
    </level>
    <level label="2">
      <text>An adult brother or sister;</text>
    </level>
    <level label="3">
      <text>An adult aunt or uncle;</text>
    </level>
    <level label="4">
      <text>A stepparent;</text>
    </level>
    <level label="5">
      <text>Any other adult who has care and control of the minor;</text>
    </level>
    <level label="6">
      <text>A court that has jurisdiction of a suit affecting the parent-child relationship of which the minor is the subject;</text>
    </level>
    <level label="7">
      <text>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</text>
    </level>
    <level label="8">
      <text>For minors in its care and custody, the Department of Juvenile Services.</text>
    </level>
  </level>
  <level label="b">
    <text>A person may not consent to the immunization of a minor under subsection (a) of this section if:</text>
    <level label="1">
      <text>The person has actual knowledge that the parent has expressly refused to give consent to the immunization; or</text>
    </level>
    <level label="2">
      <text>The parent has told the person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.</text>
    </level>
  </level>
  <level label="c">
    <text>When a parent has been contacted and requested to consent to the immunization of a minor, the Department of Juvenile Services may consent to the immunization of a minor in its care and custody if the parent:</text>
    <level label="1">
      <text>Has not acted on the request; and</text>
    </level>
    <level label="2">
      <text>Has not expressly denied to the Department of Juvenile Services the authority to consent to the immunization of the minor.</text>
    </level>
  </level>
  <level label="d">
    <text>For purposes of this section, a person is not reasonably available if:</text>
    <level label="1">
      <text>The location of the person is unknown;</text>
    </level>
    <level label="2">
      <level label="i">
        <text>A reasonable effort made by a person listed in subsection (a) of this section to locate and communicate with the parent for the purpose of obtaining consent has failed; and</text>
      </level>
      <level label="ii">
        <text>Not more than 90 days have passed since the date that the effort was made; or</text>
      </level>
    </level>
    <level label="3">
      <text>The parent has been contacted by a person listed in subsection (a) of this section and requested to consent to the immunization of the minor, and the parent:</text>
      <level label="i">
        <text>Has not acted on the request; and</text>
      </level>
      <level label="ii">
        <text>Has not expressly denied authority to the person listed in subsection (a) of this section to consent to immunization of the minor.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>A person authorized to consent to the immunization of a minor under this section shall confirm that the parent is not reasonably available in writing and the written confirmation shall be included in the minor’s medical record.</text>
  </level>
</section>
