IN RE NIKOLAS E.
720 A.2d 562 (1998)
NATURE OF THE CASE: This was an appeal from the denial of a child protection petition.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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