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We are placed with some legally free kids who have been in state care for two and a half years due to mom's drug history (and known prostitution.) We are planning to finalize at the end of this year. We requested that the state either show us a negative HIV test or allow us to have the children tested before we finalize. The state has denied our request, stating that we can have them tested after we finalize. Does anyone have any experience in this area? What little medical information we have on the kids has been full of gaps. We never did get their full immunization records. We just want to ensure that we are not getting ourselves into a situation that we are not able to handle. The kiddos do have learning difficulities, a neurological disorder, and speech delays (all of which we are willing to handle) but for us we are not okay with HIV positive children, especially when they are just thrown on us. Doesn't the state have to disclose their full medical history? The caseworker would not even tell me whether they HAVE in fact been tested. At this point, we are just going to finalize then have them tested. God forbid it does come back positive we will deal with that, if needed. I am 99% sure that they are fine. Does this seem wrong to anyone else, or am I just being too overly cautious. Thanks for your experiences.
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I agree with everyone else, and you have a right to know if the kiddos have HIV or not. Maybe they are afraid to have them tested for fear they may be possitive with the risks. It may also affect the adoption subsidy, and make them MUCH harder to place. Their cw sounds unreasonable by not letting you get them tested, and by threatening to come take them away. I'm sure whoever she is also has a supervisor, and if she continues to act that way I personally wouldn't be above going to the top. If all else fails, talk with an attorney to see what your optoins are.
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As a release of information specialist, it is my job to assure patient's receive their medical records and inform them of their right to do so. That having been said. The state agency that holds custody of the child is the only party able to request HIV testing & results. If there is no TPR in place the bio parent can request as well. Have you tried asking for the entire medical record? I would have to suggest you do that before finalization. It would be in the best interest of the child. I have already put those wheels in motion with my child's CW. There have been no problems. I asked that they send a HIPAA compliant release form to the childrens hospital in my area and to the childs current primary physician. The thing is the state has the authority to disclose all information to you once they have received it. They cannot keep information from you. That is not ethical. It is deception! I have actually had CWs request that information be sent to the FP or AP. I hope everything works out for you.
Get this - I was reading my Medical Consentor paperwork carefully. If the CHILD requests the test, then the state does NOT need to give consent. I am seriously about ready to just teach the preschool age kiddos the phrase, "I'd like an HIV test, please." I will ask for full medical records and HAVE for that matter. I sent a release to their former pediatrician and was told that he was shut down and the state took his records - NICE! This is now their fourth home in 2 and 1/2 years, so I think the records are all over. Heaven forbid that the state would have some file somewhere. Um - Nope. We'll just keep trying. I can't help but think that we are not the only family out there wondering about the kids' HIV status. Why are they so secretive? They expect me to change dirty diapers, wipe runny noses, get spat on in the pool, wipe boo boos, etc. without knowing. We are now using universal precautions as I am seriously freaked out as to why they won't just tell us whether they have been tested. This is just wrong on so many levels.
You should absolutely have full access to all information and be able to get a HIV test on them if you are concerned. Keep pushing up the chain of command. You may also want to place an inquiry with your state public health department -- they might be interested as to WHY DCF is so reluctant to approve a test. And keep documentation of everything. If you do finalize and medical issues become evident later that DCF should have notified you about, you'll need documentation to fight for subsidy modifications. Good luck!
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In Cali we were offered an HIV test by CPS before we finalized. They had to get a court order from the judge....but I think it is standard here to offer one. But, it requires extra work from the SW. The results were sent to here and we received a copy of them. We requested it on our older two, but not their baby sibling...maybe ask a supervisor. Happy123
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We are in for a long fight, I think. The next step is to contact our adoption attorney. I'm hoping that will put some pressure on the state to either produce documentation of a negative test or allow us to have them tested. Yikes!! I truly believe that the state would rather bury their heads in the sand and claim ignorance than do the right thing. Our kids should be tested, both for their safety and for ours. I will update if I am eventually able to get them tested, but I think it will be quite an ordeal getting it approved.
ROFL at teaching the toddlers to say, "I'd like an HIV test, please". If it makes you feel better, I was a paramedic for 12 years and never contracted HIV. It's a very weak virus that doesn't live long at all outside the body (unlike Hepatitis). 10% bleach in water is all we used to disinfect the entire ambulance after each call. But I agree with the other posts, the kiddos would be on medications for this and the legal implications of placing them with known HIV with you and not saying anything (consider if someone contracted it) would be enormous. They also have medication now to give to pregnant women who have HIV so the baby does not contract it. Women are now routinely screened for HIV while pregnant. So, even if mom had it, odds are babies would not. :-) Hope this makes you feel somewhat better.
I just want to piggyback ... I raised concerns about HIV because of a role playing exercise during MAPP. Almost everyone in the class told me I would know a HIV positive baby when I had to care for one. They express the child would be very ill. I am not sure if that is true but maybe you raise your concerns with their pedi. Good luck!
Perfect 7, I am a paramedic too and agree. I would be more worried about hepatitis than I would HIV, but they are all a concern with the backgrounds these children have. I don't want to put words in her mouth, but I believe her concern is less with transmission and more for caring for a very sick child. Unfortunately though, as of 2007, only four states require mandatory testing (meaning they can opt-out instead of opt-in) of pregnant women and three require mandatory testing of newborns (one of those states requires both - NJ). Many physicians do ask if a woman would like to be tested, but that requires the mothers of our foster children to have prenatal care and unfortunately that is not always the case either. It is a sad situation all the way around.
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With my other children in the home, I can totally understand your not wanting to deal with HIV. Personally, I think you should stand your ground and not sign the adoption papers if they are not willing to do this. (I'm presuming that they have not been in your home long) This seems very reasonable to me. But I'm sure they are thinking in terms of, "If they are positive and this family doesn't adopt, we'll NEVER get them adopted." They would then be legally responsible for disclosing this to every potential family.