This Note first presents the factual background of In re Interest of John T., as well as the ultimate outcome of the situation, which is not evident in the court of appeals opinion itself. Next, this Note presents the legal framework upon which the case can be analyzed. This Note then analyzes the Nebraska Court of Appeal’s opinion in John T., beginning with an analysis of the differences in the rights of biological families as compared to the rights of foster and adoptive families. The meaning of the best interests of the child standard is then examined. The ramifications of interjecting the social and political goal of discouraging discrimination against HIV-AIDS–infected individuals into a child placement decision are then discussed. This Note concludes by examining the future implications for the child welfare system arising from the John T. case and the subsequent federal court suit brought by the foster parents alleging discrimination by DSS because of the foster mother’s HIV-AIDS status.
Jenny L. Plager,
Foster Parents and AIDS: Considering the Best Interests of a Foster Child in In re Interest of John T., 4 Neb. Ct. App. 79, 538 N.W.2d 761 (1995),
77 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol77/iss3/6