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Judge says DCF can't intervene in Terri Schiavo case
Associated Press ^ | March 10, 2005 | Mitch Stacy

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.

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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.


TOPICS: Front Page News; News/Current Events; US: Florida
KEYWORDS: dcf; euthanasia; florida; georgefelos; govjebbush; greermurderer; judgegeorgegreer; michaelschiavo; nocerebralcortex; pureevil; satanslittlehelpers; schiavo; schiavodcf; schiavomedical; sicsempertyranis; terrischiavo
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To: Republic
Best experts!!!

No idea what you are talking about.

LOL

Reflexive, remove food and water immediately!

Have you seen the other side of the coin?

Have you seen a giraffe?

381 posted on 03/10/2005 8:26:52 PM PST by jwalsh07
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To: Heisenberg

I must admit, when I saw your screen name in this thread in particular, I had to linger for awhile to read the responses!

It has been entertaining--for example, not just cerebro-spinal fluid, but the exact measurement in cc's!


382 posted on 03/10/2005 8:29:02 PM PST by huck von finn
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To: amdgmary

Ignore that worthless son-of-a-bitch and his asinine ruling!


383 posted on 03/10/2005 8:29:28 PM PST by RPTMS
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Comment #384 Removed by Moderator

Comment #385 Removed by Moderator

Comment #386 Removed by Moderator

To: Heisenberg
The reason is reality is irrelevant to you.

No, it's not. I'm am interested in learning more. and I don't want to resort to name-calling, etc.

Are MRI's and CAT scan the test requested by the family? What about actual 'therapy' type of tests?

Testing for PVS with MRI's is like trying to test IQ on paper. IQ is tested in other ways.

387 posted on 03/10/2005 8:36:46 PM PST by eccentric (a.k.a. baldwidow)
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Comment #388 Removed by Moderator

To: eeevil conservative

WHY was she dehydrated??? What kind of care is she receiving in that nursing home??? Poor woman!


389 posted on 03/10/2005 8:38:36 PM PST by jackibutterfly
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Comment #390 Removed by Moderator

To: Heisenberg

AMAZING HOW MUCH YOU LEFT OUT!

I saw that site...

You a friend of Felos or Bill Keller???


391 posted on 03/10/2005 8:39:55 PM PST by eeevil conservative (The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke)
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Comment #392 Removed by Moderator

To: Heisenberg
Putting aside the merits of the unfortunately lady's current condition (and if at this point, you have some link to evidence that she is beyond a reasonable doubt, the functional equivalent of a permanent non-sentient vegetable, perhaps you might favor me with it), do you think there is any evidence that her husband who has moved on to live his life as it were, might have made certain decisions that caused her condition to deteriorate? If so, does that bother you at all? If you don't know one way or the other, is that state of ignorance that should cause one to withhold one's opinion about what is appropriate in this case?

I am not religious, and more hard headed and non sentimental than most when it comes to pulling the plug. I admit that. But this case has certain troubling aspects, including the fact that third parties are willing to finance the victims more natural final exit. For me, that counts, in the absence of a living will.

393 posted on 03/10/2005 8:42:55 PM PST by Torie
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To: Heisenberg
Yes...and there have been THREE Guardians ad Litem.

Are you being obtuse?

Because if you're not trying to you're doing a damn good job of it.

Michael Schiavo has a conflict of interest. Florida law says he should be removed as Terri's guardian.

But don't take my word for it, go read the statutes.

394 posted on 03/10/2005 8:42:56 PM PST by jwalsh07
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To: eeevil conservative
This whole case is based on the word of Michael Schiavo- which is worth DIRT!

Preach on!

395 posted on 03/10/2005 8:43:10 PM PST by Saundra Duffy (Save Terri Schiavo!!!)
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Comment #396 Removed by Moderator

To: eeevil conservative

God bless your grandmother.


397 posted on 03/10/2005 8:45:13 PM PST by Saundra Duffy (Save Terri Schiavo!!!)
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To: jackibutterfly

IT IS HORRIBLE!

They are doing a LOUSY job there.

And my uncle thinks there is no reason not to send her back there if she pulls through this...

AMAZING!

My mom is taking it very hard...

she feels responsible because she lives here in GA and they are in PA and she thought they could do a better job of taking care of her since she was so far away.

She feels terrible...


398 posted on 03/10/2005 8:45:35 PM PST by eeevil conservative (The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke)
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Comment #399 Removed by Moderator

To: eeevil conservative
You DID say she's in a nursing home in FLORIDA??? My gosh, get her out of there! Florida! I wouldn't have my worst enemy live there.
400 posted on 03/10/2005 8:47:03 PM PST by jackibutterfly
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