The parents of a southern Minnesota boy born with the HIV infection are appealing a judge's ruling that allows Mower County officials to continue monitoring his medical treatment.

Attorneys representing Lindsey Nagel and John Martinez, parents of 6-month-old Rico Martinez Nagel, filed the appeal last week with the state Court of Appeals.

Scott Cody, an attorney representing the parents, said that they followed recommended antiretroviral treatments for their son in the weeks after his birth and did nothing to give county officials reason to take custody after the couple missed a medical appointment in January. County officials claimed that the baby was medically neglected and obtained a court order to remove him from his Brownsdale, Minn., home.

Judge Fred Wellmann ruled last month that Rico could stay with his parents, but said statements made by Lindsey Nagel's parents opposing the treatments prompted him to continue county supervision.

Richard Meryhew

@DatelineMN