Current with changes from the 2024 Legislative Session
Section 18-4A-03 - Consent to immunization if parent not reasonably available(a) 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: (2) An adult brother or sister;(3) An adult aunt or uncle;(5) Any other adult who has care and control of the minor;(6) A court that has jurisdiction of a suit affecting the parent-child relationship of which the minor is the subject;(7) 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(8) For minors in its care and custody, the Department of Juvenile Services.(b) A person may not consent to the immunization of a minor under subsection (a) of this section if: (1) The person has actual knowledge that the parent has expressly refused to give consent to the immunization; or(2) 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person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.(c) When a parent has been contacted and requested to consent to the immunization of a minor, the Department of Juvenile Services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: (1) Has not acted on the request; and(2) Has not expressly denied to the Department of Juvenile Services the authority to consent to the immunization of the minor.(d) For purposes of this section, a person is not reasonably available if: (1) The location of the person is unknown;(2)(i) 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(ii) Not more than 90 days have passed since the date that the effort was made; or(3) 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:(i) Has not acted on the request; and(ii) Has not expressly denied authority to the person listed in subsection (a) of this section to consent to immunization of the minor.(e) 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.