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DCF Considers Removing Schiavo from Hospice by Force
Palm Beach Post ^ | 3.23.05 | Dara Kam

Posted on 03/23/2005 2:34:59 PM PST by gopwinsin04

State officials say they are considering removing Terri Schiavo from hospice, by force if necessary, despite numerous court orders upholding the removal of the artificial nutrition tube that has kept her alive for 15 years.

Lucy Hadl, secretary of the Department of Children and Families, said Wednesday morning that her staff is relying on a state law that gives the department the authority to intervene on behalf of a vulnerable adult who is 'suffering from abuse or neglect that presents a risk of death or serious physical injury.'

Hadl said that the DCF would have to file a petition in order to remove Schiavo, but that 'it doesn't mean we'd have to have judicial approval in advance of taking the action if we believed it met the threshold for doing it.'

Hadl said that seven years of court rulings backing Schiavo's husband Michael, in his contention that Terri Schiavo did not wish to be kept alive artificially would not stop the DCF from taking action.

'We're not compelled to look at prior judicial proceedings,' Hadl said.

What we are compelled to look at is the presenting circumstances and any allegiations of abuse and neglect that we have recieved. So we have to deal with those and fufill out statutory responsibility.'

(Excerpt) Read more at palmbeachpost.com ...


TOPICS: News/Current Events; US: Florida
KEYWORDS: arrestmichaelshiavo; dcf; indict; indicthimnow; indictmichaelshiavo; indictmikenow; indictoninsulinstory; indictwithnursestory; now; saveterri; schiavo; terri; terrischiavo; timeisrunningout; usenursetestimony
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To: lainie
I think you're asking if they don't have to follow each other why do we have to follow any of them? Because if we don't, the executive comes and arrests us. :(

Or worse. Remember Waco? They could have easily arrested Koresh on his morning jog, but used that executive power to effectuate something far different.

What is being contemplated here is using force to provoke a constitutional crisis. The vast majority here at this forum say, "go for it." The problem I have with that is that the good guys won't always be in charge, and an unbridled executive branch can do to you or me whatever it wants and you'll have no one who can effectively tell them to stop.

381 posted on 03/23/2005 4:00:58 PM PST by Dog Gone
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To: jackibutterfly

"It is my earnest prayer that CRIMINAL CHARGES ARE FILED AGAINST MICHEAL, FELOS, AND GREER, MCCABE, Sheriff Rice - now Representative Rice, AG Crist, and a HOST OF OTHERS!"


382 posted on 03/23/2005 4:01:06 PM PST by nicmarlo
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To: Hildy
You want to give a State Agency such as Department of Children and Families this kind of power?

They have always had the power.

383 posted on 03/23/2005 4:02:05 PM PST by NautiNurse ("I'd rather see someone go to work for a Republican campaign than sit on their butt."--Howard Dean)
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To: NautiNurse
A judge (don't know who yet) has ordered LEO that she is not to be removed from the Hospice.

According to Fox News, it's dear old Judge Greer.

A man hell-bent, literally, on making sure Terri dies.

384 posted on 03/23/2005 4:03:05 PM PST by shhrubbery!
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To: Cherokee Conservative

yes it's eerie how prescient Jefferson's warnings still are regarding the judiciary. scary!


385 posted on 03/23/2005 4:03:08 PM PST by Fudd Fan (MaryJo Kopechne needed an "exit strategy")
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To: Dog Gone
What is being contemplated here is using force to provoke a constitutional crisis. The vast majority here at this forum say, "go for it." The problem I have with that is that the good guys won't always be in charge, and an unbridled executive branch can do to you or me whatever it wants and you'll have no one who can effectively tell them to stop.

Right now the Judiciary is too strong. Therefore, it is necessary for the Executive to override the Judiciary sufficiently to keep it in check. If the Executive were getting to strong, then it would be necessary for the Legislature or Judicary to override it.

386 posted on 03/23/2005 4:03:17 PM PST by supercat ("Though her life has been sold for corrupt men's gold, she refuses to give up the ghost.")
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To: nicmarlo

I hope they go get her soon...anyone that has access to FL. news, please post as soon as possible.


387 posted on 03/23/2005 4:03:22 PM PST by sissyjane (Silk pajamas for dress up, and flannel for everyday-perfect Freeper wardrobe!!)
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To: justche; holdonnow; hummingbird; Carl/NewsMax; Peach; jeffo; D-fendr; blownawaybylibs
"...She's been nourished this way because her husband denied her the therapy that would allow her to get better. I've said this before, I have pictures of my brother in nearly the same state as Teri (we didn't allow him to get the drop foot, or his hand muscles to atrophy like Michael Shiavo has ordered for his wife.) He came home with a feeding tube. It's been an 11 year journey so far. He now eats on his own (although there is a choking hazzard, so someone has to be with him during meal times) He doesn't understand why he got hurt and hasn't had full restoration yet, he's not necessarily rational all the time either (but I'm not sure I know anyone that is). Not one of us wishes he wasn't here now, we're all so thankful he made it. He's loved very much and he loves much. Who cares what a rational person might or might not want. He would not be where he is today, if he didn't have a mom who was there every step of the way and FOUGHT for his therapy and worked hard for 11 years with him. I feel so much empathy for the Shiavo family."

"Life isn't fair, and life doesn't throw the punches we all wish it did. But we must not allow someone who doesn't meet our standards of rationality to be literally starved and thrown away. This isn't about the right to die with dignity, this is a case someone choosing to kill another with the court's blessing."

Justche, I am so sorry about your sweet brother, but I am so GLAD that he is doing much better. I had a somewhat similar experience with my little sister, who benefitted GREATLY from therapy to re-learn to swallow. I was with her during this therapy. It is INCREDIBLE. These therapists work WONDERS. Micheal SPECIFICALLY deinied Terri this basic help. God bless you and your brother justche. And thank you for your heartfelt post.

I'd like other FReepers to see your brother's story. And I thank you for sharing it here.

388 posted on 03/23/2005 4:03:28 PM PST by Miss Behave (Man who fart in church sit in own pew.)
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To: shhrubbery!
According to Fox News, it's dear old Judge Greer.

Who is Judge Greer?

;o)

389 posted on 03/23/2005 4:03:56 PM PST by NautiNurse ("I'd rather see someone go to work for a Republican campaign than sit on their butt."--Howard Dean)
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To: Jimmyclyde

You are trying to force others to live with your "standards'. You think that everyone that is handicapped does not want to live. Just because you don't have the guts or desire does not mean others do not. Some people think it brutal to have to watch tv on a itty bitty 27 inch screen, or live with only one bathroom. She smiles,she laughs she tries to talk. if you want to live you will live(she is living). If you want to die,you will. Do you avert your eyes when a cerebral palsy victim goes by in a wheel chair at Walmart,and think to yourself "put them out of their misery". You sure sound like it. Lets follow all you anti handicapped anti-terri types for many years and see what you do if handicapped and given the choice of life or death.


390 posted on 03/23/2005 4:03:59 PM PST by samantha (relax, and cheer up the adults are in charge)
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To: Soul Seeker

"Jeb Bush has EARNED my respect no matter the outcome."

good for you. mine too and may God bless him and Terri.


391 posted on 03/23/2005 4:04:06 PM PST by Fudd Fan (MaryJo Kopechne needed an "exit strategy")
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To: maryz
Felos is Michael Schiavo's lawyer, and a leading light of the Hemlock Society.

Geez...is there ANYONE in Florida who ISN'T a member of the 'Hemlock Society'?

392 posted on 03/23/2005 4:04:56 PM PST by who knows what evil? (If arrogance was beauty, New England women would be supermodels!)
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To: Hildy

You want to give a State Agency such as Department of Children and Families this kind of power? Are you INSANE?

What are you worried about? Can't you see - it's all about power. Who gave Michael the power he has? Should he have it - NO!



393 posted on 03/23/2005 4:05:04 PM PST by presently no screen name
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To: sissyjane
I hope they go get her soon...anyone that has access to FL. news, please post as soon as possible.

Me too, and ditto!

394 posted on 03/23/2005 4:05:16 PM PST by nicmarlo
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To: gopwinsin04

^


395 posted on 03/23/2005 4:05:20 PM PST by Miss Behave (Man who fart in church sit in own pew.)
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To: nicmarlo

Maybe theres some national guard left,Most are dying in iraq looking for WMD.So if armed men (national guard) were to barge in and do whats necessary to get this women out,Even when other people were to surely get injured or killed,People think thats reasonable! Insanity


396 posted on 03/23/2005 4:05:31 PM PST by xcable
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To: Edmund Burke

I don't consider 1989 "lately." But if Florida legislators thought the Florida judiciary was overstepping its bounds in this case, impeachment was an option. I don't think it was even seriously considered.


397 posted on 03/23/2005 4:05:38 PM PST by Dog Gone
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To: not-alone

That particular hospice is under investigation for Medicare fraud. Add to that complaints by nurses who cared for Terri about Michael's refusal of any treatment or therapy for Terri and the doctor in charge who went along with it. I sincerely hope anyone with a loved one there is looking for other arrangements.


398 posted on 03/23/2005 4:05:54 PM PST by maryz
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To: Hildy
well have you seen ann coulter's take on it?
399 posted on 03/23/2005 4:06:07 PM PST by xsmommy
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To: MplsSteve
Would the Pinellas Park police guarding the hospice stand aside or would they physically try to prevent DCF from taking custody of Terri? What's their responsibility in this? Are they guarding the hospice due to a court order? Anyone?

Just a guess, but I think an executive branch agency such as DCF likely would use state police when they have to take custody by force (and I'm sure DCF has done this many times.).

I'd think Pinellas Park Police would have to stand aside for that.

400 posted on 03/23/2005 4:06:08 PM PST by shhrubbery!
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