HIV case: Court made guardian of 9-year-old boy

An H9 T cell (blue) infected with the human immunodeficiency virus (yellow). Photo / AP

The 9-year-old boy with HIV whose father refused to administer medication has been made a ward of the High Court until he is 16.

In a decision released this afternoon, Justice Patrick Keane said a guardianship order was the "only way" to safeguard the boy's welfare and best interests, given his father's fixed opposition to his diagnosis and treatment.

The health board involved sought the order after years of trying to have the boy's father administer medication himself.

The boy is unaware he is HIV-positive.

His father had rejected tests showing the boy was HIV-positive and said even if he was, then he believed the treatment to manage the virus had such bad side effects his son would die.

Extensive suppression orders cover the case, including the boy's identity and those of his doctors.

Justice Keane said on evidence presented to the High Court, the boy's condition will remain unchanged until he is 16 and, indeed, for the rest of his life - as will his need for medication.

While the court was now responsible for the boy and has the power to authorise his doctors to administer treatment, Justice Keane said his parents were "highly responsible" and he did not want to displace them.

He said the boy's father held his opinions "very sincerely" and would not have withheld antiretroviral therapy from the boy without being first convinced that it is uncalled-for and dangerous.

However, he said it was in the child's best interests for doctors to ensure that he takes his medication, to monitor his state of health, and to respond immediately to any crisis or complication.

The boy's father has been appointed an agent of the court and will be responsible for his "day-to-day care and to exercise all the related rights and powers of a guardian".

He is, however, subject to the condition that he ensure that his son is always available for treatment at any time and place specified by his doctors.

Those doctors may consent to and facilitate the treatment of specified conditions including the boy's HIV, or any clinical condition caused or exacerbated by HIV.

They have the power to prescribe and administer medication to the boy and monitor his health, including ordering blood tests, and to admit him to hospital when necessary.
A hearing has been set for March 2017 to reassess the situation.

In Justice Keane's decision it was also revealed that the boy's doctors intended to tell him about his diagnosis over the next 18 months and help him to understand his situation.

A further order was made to appoint a senior lawyer to represent the boy by November 2016 so his views on his health could be presented at the review.