Reprinted with the permission of Aspen Publishers, from AIDS and the Law, Fourth Edition, 2008-2010, www.aspenpublishers.com

Carolyn McAllaster and Carol Suzuki

§ 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

[D] Relationship Between Same-Sex Marriages or Domestic Partnerships and Decreased Risk for STIs

§ 13.03 Parenting and HIV

[A] Medical Neglect and Treatment of HIV-Positive 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 Noncustodial 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”

[i] The Nevada “Appointment of Short-Term Guardianship for Minor Child by Parent”

[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] Nonrecurring 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