The Illinois Human Rights Act protects persons infected with HIV as “handicapped” individuals who have the right to equal access and opportunity without discrimination. Confidentiality of information surrounding an adult or child’s status is written in the AIDS Confidentiality Act and in DCFS rules and procedures.

Who “needs to know” about HIV status?
Release of information about the HIV status of a child in foster care is based on the person’s “need to know.” Those with a need to know include: birth parents, guardian, caregivers, relative caretakers, directors of child care facilities, staff who provide direct personal care, medical providers of direct personal care, other persons who need to know in order to provide services.

DCFS Policy: Disclosing HIV Status
DCFS is not authorized to release the HIV status of persons for whom DCFS is not legally responsible, including parents. Parents are responsible for informing service providers of their family’s HIV status, or they may sign consents for DCFS to release this information.

If a child is known to have been exposed to the HIV virus or tested HIV positive, the caseworker or agency must inform the child’s caregivers.

If a teacher, caretaker, or someone else may need to know about the child’s HIV status, consult with the caseworker or DCFS AIDS Project. Caregivers should NOT communicate this information themselves, but should ask the caseworker to communicate what needs to be known. The Illinois Department of Healthcare and Family Services informs the school superintendent, who may inform the principal, teacher and school nurse, if necessary. If the court needs to be informed, the information should be shared by attorneys or caseworkers privately with a judge, in chambers.

HIV status should not be written where it can be seen by people who do not have a need to know. The dates of HIV testing may be written on the child’s Health Passport. However, the results of HIV testing must be kept in a separate and confidential section of any case record. Disclosure of positive HIV information requires the consent of the DCFS Guardian and youth 12 years of age and older.

Special Health Considerations

In a foster home setting, the only potential mode of HIV transmission is infected blood or semen penetrating beneath the skin into the body tissues.

Three universal precautions to be used by the whole family are:

1. use a cloth barrier or wear gloves when caring for bleeding wounds,
   nosebleeds, bloody diarrhea and diaper changes;
2. clean surfaces exposed to blood with a bleach solution
   (ratio of 1 cup of bleach to 1 gallon of water); and
3. consistently wash hands (and teach children to wash hands) with soap
   and warm water.

Children in the home should not share teething toys, feeding bottles or toothbrushes, as some bleeding may occur from the gums at the time the child is teething or losing baby teeth.

Adults and youth should not share razors or syringes.

Biting and other aggressive behavior on the part of all children should be discouraged, but it has not been known to lead to HIV infection.

All foster families should use these universal precautions as a matter of good hygiene. Please see the following section for more information on disease prevention.