Posted on 03/10/2005 12:22:56 PM PST by amdgmary
TAMPA, Fla. (AP) -- A judge ruled Thursday that the state's social services agency cannot delay the removal of the feeding tube keeping brain-damaged Terri Schiavo alive.
The Department of Children & Families had asked for a 60-day delay in the removal of the feeding tube, now scheduled March 18. The agency said it wanted time to investigate allegations of abuse and neglect by the woman's husband, Michael Schiavo.
But Circuit Judge George W. Greer ruled that the agency's attempt to get involved at this point was inappropriate and "appears to be brought for the purpose of circumventing the court's final judgment ... in violation of the separation of powers doctrine."
Michael Schiavo's attorney had criticized the last-minute attempt by DCF to get involved, saying that it was engineered by Gov. Jeb Bush and others in the state government who support the plight of her parents who are trying to keep her alive.
Advertisement
Michael Schiavo has gotten a court order to remove the feeding tube, contending that his wife told him she wouldn't want to be kept alive artificially. A 1990 heart attack cut off oxygen to her brain for five minutes, leaving her in what the court has ruled is a vegetative state with no consciousness. She breathes on her own but depends on a tube in her abdomen for food and water.
But her parents doubt she had those end-of-life wishes and are trying to block removal of the feeding tube.
The judge's ruling was another major blow to Bob and Mary Schindler, who have fought their son-in-law in court for nearly seven years over their daughter's fate. They dispute that she is in a persistent vegetative state, saying she laughs, cries, interacts with them and tries to speak when they visit her at her hospice.
The DCF said it wanted to investigate accusations against Miachel Schiavo - who is her legal guaridan - that included denying his wife some medical treatment and therapy, isolating her in her room with the blinds closed, failing to fix her broken wheelchair and failing to file timely guardianship plans.
In his order, Greer noted that those and many other allegations have been investigated in the past and failed to yield any evidence of abuse and neglect by Michael Schiavo.
Other than trying to appeal judge's decisions that have gone against them this week, the Schindlers will look again to the state Legislature and perhaps the U.S. Congress for help. Both bodies have bills in the works that lawmakers say could save Terri Schiavo's life.
In Tallahassee Wednesday, a House committee approved a bill requiring doctors to provide nutrition and hydration to incapacitated patients who didn't leave an advance directive. It still needs approval from two more committees before facing the full House.
Bush, who has said he would do anything within his power to save Terri Schiavo, supports the bill.
The governor in October 2003 pushed a law through the Legislature authorizing him to resume the woman's artificial feedings six days after the court stopped them. The law subsequently was ruled unconstitutional by the state Supreme Court.
On Tuesday, U.S. Rep. Dave Weldon and U.S. Sen. Mel Martinez, both Florida Republicans, introduced legislation in Washington that could give the Schindlers access to federal courts in the effort to save their daughter's life. Their bill requires that incapacitated people who don't leave advance directives have attorneys appointed to give the case a full review before artificial life support is terminated.
You DO KNOW that George Felos is a member (and proud of it) of the HEMLOCK SOCIETY, do you not?
And that you don't find it coincidental that his root name means 'poisonous liquid' is, in itself, kinda blocked.
Prove it. Allow testing.
Tickled, even.
Yes, and I find it creepy that my last name is also the last name of some criminals on death row. I hate that.
I should have been more clear. There are possibly people in Florida, and elsewhere, who spoke their wishes to their faimilies, who will now be covered by a law they knew nothing about when they became ill. The new law will require actions that would be against their wishes. That's what I meant.
You think you are so smart.
The DCA ruled that the judge could make a finding in light of conflicting evidence, as to the ward's unwritten wishes. As for Schiavo, he has stated he had great hope that she would recover in the first few years. Maybe, just maybe, that is true.
Are you doing anything to help save Terri from mercy murder? Just curious.
How does a "decerebreated" woman respond to stimuli?
Read what I said.
AMAZING! You mean kinda like when Terri SUPPOSEDLY said that she didn't want to be on life suport- but then over 10 years later they CHANGE teh DEFINITION of life support- so that means she meant she wanted to die?
Thanks for MAKING MY CASE...
The needle got stuck on his record. But his stuff sure sounds impressive or whatever.
It needs to be in writing even if it's just notarized. This law is needed to protect people from greedy heirs and those who just want someone out of their way. It cuts both ways. Innocents shouldn't die just because someone was too lazy or short sighted to make their wishes known in writing.
I guess Schiavo is going to have to prove himself now that some one has offered to put up one million dollars to take over the care of Terry, if Michael will sign a paper giving up all responsibility.
If Michael had hope for 4 years then why within 18 months was he not ASKING for suggestions to help Terri and also denying her the treatment recommended...
It is in the TRANSCIPTS FOR PETE'S SAKE!
29 months after her "incindent" he was trying to "let her die"
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.