AHF Lauds Kansas Court for Restoring Parental Rights in HIV Case
July 07 2015 - 7:59PM
Business Wire
District Court denies misguided efforts to
strip children away from mother with HIV-positive live-in
partner
AIDS Healthcare Foundation’s Chief of Medicine
submitted letter to the court clarifying HIV transmission facts
AIDS Healthcare Foundation (AHF) today applauded a Kansas court
for restoring parental rights to Donna J. Branom, a Kansas mother
whose live-in partner’s HIV-positive status had been the basis for
a June decision restricting her access to her children. A motion
filed by the father to suspend Branom’s parenting time over
misplaced concern about the children’s potential risk of exposure
to HIV in her home due to her fiancé’s HIV status was denied
yesterday by the Honorable Faith Maughn, Eighteenth Judicial
District Court, Sedgwick County, Kansas.
"We are very pleased with the Judge's decision in this case.
Once the proper documentation and evidence was provided to the
court, justice prevailed. Our firm will continue to fight for and
protect the rights of all people," said Bradley R. Ward, an
attorney with O’Hara and O’Hara, L.L.C. in Wichita, who worked pro
bono on the case for the couple.
On June 22nd, Branom’s parental visitation rights with the
children—ages 8 and 16—were restricted after the children’s father
petitioned the court complaining that Henry Calderon, Jr., Ms.
Branom’s live-in companion, was HIV-positive and that his HIV
status posed a direct threat to the children’s welfare.
On July 1st, in anticipation of yesterday’s court hearing,
Michael Wohlfeiler, J.D., M.D., AAHIVMS, and AIDS Healthcare
Foundation’s Chief of Medicine, wrote a letter to the court on
behalf of Ms. Branom and Mr. Calderon, Jr. advocating for the
restoration of Branom’s parental rights over her children. In his
letter to Judge Maughn, Dr. Wohlfeiler noted that, “…concern about
the children’s risk of exposure to HIV, based on the HIV status of
Ms. Branom’s live-in partner, Henry Calderon,… is incorrect and not
supported by universally accepted medical facts regarding how HIV
is transmitted.”
In a joint statement following yesterday’s ruling, Donna
J. Branom & Henry Calderon, Jr., who is a Reverend
affiliated with the HEMA Universal Life Community Services, Inc.,
stated:
“We are thrilled beyond words that we were
able to get the order reversed! However, we still do not think that
the judge did it because she knew it was the right thing to do. We
felt as though Judge Maughn was pressured into reversing the
motion. She was told by our lawyer that her decision would have a
national effect. We had also requested that my ex be sanctioned, to
prevent him from harassing us further, and to have two consecutive
weeks with the babies, for time lost. Both of the requests were
denied.
This is not over! We not only plan to fight
back for the discrimination and the violation of our 4th amendment
rights, but also to try to amend the laws here in Kansas to make it
to where what we went through doesn't happen to anyone else. We are
hoping that if it does get changed, that other states will follow
suit, and change their laws as well. Our dream is to see it become
changed on a federal level. No child(ren) should ever be taken out
of a loving home because of HIV, or any other disability for that
matter.”
“We congratulate Ms. Branom, Mr. Calderon and the children on
their swift victory against HIV discrimination in Kansas. This
incident serves as both a reminder and an opportunity to confront
many of the misplaced fears—and fear mongering—that often surrounds
people living with HIV and/or AIDS. While we celebrate with the
family today, we must remain vigilant to continue to combat such
discrimination head on whenever and wherever it arises,” added AHF
President Michael Weinstein.
About AHF
AIDS Healthcare Foundation (AHF) is the largest non-profit
HIV/AIDS healthcare provider in the USA. AHF currently provides
medical care and/or services to over 438,000 individuals in 36
countries worldwide in the US, Africa, Latin America/Caribbean,
Eastern Europe, and Asia. For more information, visit
www.aidshealth.org, find us on Facebook:
www.facebook.com/aidshealth and follow us on Twitter
@aidshealthcare
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version on businesswire.com: http://www.businesswire.com/news/home/20150707006620/en/
AHFGed Kenslea, +1 323-308-1833 (work) or +1 323-791-5526
(mobile)Senior Director,
Communicationsgedk@aidshealth.orgorChristopher Johnson, +1
323-960-4846 (work) or +1 310-880-9913 (mobile)Associate Director
of Communicationschristopher.johnson@aidshealth.org