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Children and Juvenile Law, Keyed to Abrams, 8th Ed.
In re Nikolas E.
Citation:
720 A.2d 562 (1998)Facts
Nikolas E. is a four-year-old boy who is HIV positive, living with his HIV-positive mother who has sole responsibility for his medical care following her divorce from Nikolas’s father. In January 1997, Nikolas’s four-year-old sister died from AIDS complications. In September 1997, Dr. John Milliken, a pediatric infectious disease specialist, examined Nikolas and recommended HAART therapy involving daily doses of three different drugs. The mother, based on her own illness experience and her daughter’s tragic death during drug therapy, expressed distrust and declined the treatment. The State arranged a consultation with Dr. Kenneth McIntosh at Children’s Hospital in Boston, who confirmed the treatment recommendation but acknowledged the long-term effects were unknown, the treatment was essentially experimental, and no child should begin the program without full parental support. Dr. McIntosh saw no irrationality in the mother’s decision and had never reported parents for refusing his treatment recommendations. The mother stated she would reconsider if Nikolas’s health deteriorated significantly.
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