In Re Nikolas E.

720 A.2d 562 (1998)

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Nature of the Case

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Facts

The State sought custody of Nikolas for the purpose of approving medical treatment for HIV. Nikolas was a four-year-old boy who was HIV positive. Nikolas lives with his mother who is also HIV positive. The mother and the father no longer live together, and the father is also HIV positive. Nikolas' sister died from complications of aids. The doctor who cared for both the mother and the son recommended that Nikolas undergo aggressive drug treatments. The mother expressed her distrust of such therapy and declined to permit her son to participate. Eventually, this petition was filed to force the treatment upon Nikolas. There was proper medical debate on whether aggressive therapy would do the child any good. The mother did not want the treatment but kept her mind open in case the child's condition deteriorated. The court denied the petition request. This appeal resulted.