AIDS and the Law, Fourth Edition
Chapter 13: Issues in Family Law for People with HIV
Carolyn McAllaster, Carol Suzuki, and Jeffrey Selbin
§ 13.01 Introduction
§ 13.02 Marriage
[A] Attempts to Regulate Marriage
[B] Required Provision of Information about HIV/AIDS
[C] Challenge to Marriage Ban for the HIV-Infected
§ 13.03 Parenting and HIV
[A] Medical Neglect and Treatment of HIV-Infected Children
[B] Issues of Neglect During Pregnancy
§ 13.04 Separation and Divorce
[A] Fault as a Consideration in Divorce or Property Division
[B] Tort Actions between Spouses or Partners
§ 13.05 Custody and Visitation
[A] Initial Custody Determinations
[B] Initial Visitation Determinations
[C] Modification of Existing Custody or Visitation Orders
[D] HIV Testing in Custody and Visitation Cases
[E] Importance of Expert Testimony
§ 13.06 Permanency Planning
[A] History of Permanency Planning
[B] Testamentary and Inter Vivos Guardianships
[1] Nomination of a Guardian by Will or Other Writing
[2] Inter Vivos Guardianships
[C] Introduction to Standby Guardianships
[1] The Need for Standby Guardianships
[2] Legislative History of Standby Guardianships
[D] Issues in Standby Guardianship
[1] Eligibility of the Parent/Custodian
[2] Standby Guardianship by Designation
[3] Standby Guardianship by Petition
[4] The Interests of the Child
[5] The Interests of the Non-Custodial Parent
[6] Termination or Suspension of the Standby Guardianship
[7] Other Limits on Standby Guardianships
[E] Joint and Co-Guardianship
[1] Joint Guardianship in California
[2] Co-Guardianship in Connecticut
[F] Powers of Attorney and Other Private Designations
[1] Powers of Attorney
[2] Other Private Designations
[a] The D.C. “Authorization for Medical Consent for a Minor by an Adult Caregiver”
[b] The North Carolina “Authorization to Consent to Health Care for Minor”
[c] The Delaware “Affidavit of Establishment of Power to Relative Caregivers to Consent to Medical Treatment of Minors”
[d] The Louisiana “Provisional Custody by Mandate”
[e] The Louisiana “Non-Legal Custodian’s Affidavit”
[f] The California “Caregiver’s Authorization Affidavit”
[g] The New Mexico “Caregiver’s Authorization Affidavit”
[h] The Tennessee “Power of Attorney for Care of a Minor”
[G] Future Trends in Voluntary Permanency Planning
[1] Standby Adoption in Illinois
[2] Standby Adoption in Iowa
[3] Concurrent Guardianship
§ 13.07 Foster Care
[A] Origins
[B] Kinship Foster Care
[C] Foster Care and Subsidized Guardianship
[D] HIV Testing in Dependency Cases
[E] HIV-Positive Status of Foster Family Members
[1] In re John T.
[2] Doe v. County of Centre
§ 13.08 Termination of Parental Rights
[A] The Impact of HIV in Termination Cases
[B] Disability Discrimination Challenges to Termination of Parental Rights
§ 13.09 Adoption Assistance
[A] Eligibility for Federal Adoption Assistance
[B] Types of Adoption Assistance
[1] Federal Adoption Assistance Payments
[2] State Adoption Assistance Programs
[3] Medical Assistance
[4] Non-Recurring Adoption Expenses
[5] Social Services
[C] Interstate Compact on Adoption and Medical Assistance
[D] Legal Rights of Adoptive Parents Who Are Denied or Not Offered Adoption Assistance
