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Appeals Court Rejects Request by Baby Rico's Family

Posted at: 10/28/2013 5:19 PM



(ABC 6 NEWS) -- The Minnesota Court of Appeals rejected a request by a Mower County family in an on-going legal battle. The family of Rico Nagel Martinez was hoping to have a lower court ruling dismissed that requires the child be supervised by Mower County. As we've reported, Baby Rico of Brownsdale, was born with HIV. His parents wanted to take him off court-ordered medication. The boy had several bad reactions to the anti-retrovirals.

Rico was taken from the family's home and put in foster care in January. He was then hospitalized until march and released to his parents. A couple weeks later, county supervision was ordered by the court.

The family's lawyer tells us they're disappointed with the ruling and are looking at their options moving forward.

To read the ruling of the Minnesota Appeals Court, go to the link below: http://www.mncourts.gov/opinions/coa/current/OPa130992-102813.pdf