New York pays $25,000 to settle HIV disclosure case

AIDS Policy Law. 1995 Dec 1;10(21):5-6.

Abstract

AIDS: Three orphaned sisters received $25,000 in damages from New York City to settle a lawsuit that charged a caseworker from the city's Child Welfare Administration (CWA) with illegally revealing their mother's HIV status to the police. The mother, known as Mary Doe, had been receiving CWA services since 1987. In December 1990, Doe's health worsened, and a CWA caseworker became concerned that Doe could no longer care for her daughters, one of whom had HIV. In the process of putting the girls under state protection, the CWA caseworker told police that Doe had AIDS. When Doe subsequently called police for assistance in locating her teenaged daughter, the officer told her neighbors that Doe had AIDS. Before her death in April 1991, Doe enlisted the help of the Legal Action Center. The Center filed suit in Federal court on her behalf and on behalf of her children, charging the CWA with violating state HIV confidentiality laws, and alleging that the CWA and police violated the family's constitutional right to privacy. The case was heard in New York's U.S. District Court, Southern Division. Under the terms of the settlement, New York agreed to train employers regarding HIV confidentiality.

Publication types

  • Newspaper Article

MeSH terms

  • Child Welfare
  • Confidentiality / legislation & jurisprudence*
  • HIV Infections*
  • Humans
  • New York City
  • Truth Disclosure