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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: demlosers; supercat

Have you read the new info from the doc that DCF has? he spent 90 min with Terri.

http://www.freerepublic.com/focus/f-news/1369199/posts


541 posted on 03/23/2005 4:55:48 PM PST by tutstar ( <{{--->< Impeach Judge Greer http://www.petitiononline.com/ijg520/petition.html)
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To: gopwinsin04; 68-69TonkinGulfYachtClub; MurryMom; ALOHA RONNIE; RonDog; Liz; Mudboy Slim
...intervene on behalf of a vulnerable adult who is 'suffering from abuse or neglect that presents a risk of death or serious physical injury.'

Doctors used to do this - until lawyers got involved...

542 posted on 03/23/2005 4:55:51 PM PST by Libloather (Start Hillary's recount now - just to get it out of the way...)
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To: Theodore R.
Why did it take so long to find that DCF could trump George W. Greer? Greer seems to be the master of the whole USA for this Holy Week.

If they'd acted sooner, Greer would have made them come before him four days later, dismissed their charges, and we'd be back to square one. As it is, Greer and many other people have shown their true craven nature for all the world to see. God had to let the Egyptions follow the Israelis before he could work the wonders of Exodus 14:27-28.

543 posted on 03/23/2005 4:56:04 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: blueriver; varon
You may be interested in this article:

Mercy and Practicality Must Prevail in Schiavo Case, Not Judicial Tyranny

544 posted on 03/23/2005 4:56:15 PM PST by nicmarlo
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To: supercat
It IS a hard case, because while she IS severely damaged, and the upper end of PVS is neither clearly understood or defined, she is not comatose or brain-dead - though being beyond brain death, she may or may not be cognitive at all, while not being "asleep" as with a coma. She was severely messed-up; enough so that it is not at all unreasonable to expect that if she were capable of making the decision with detailed foreknowledge, that she might indeed choose to be allowed to die. Conversely, we don't have unquestionable evidence of that.

Complicating it further is that she is not terminal and does not require extreme measures to keep her alive (I think that this is probably the strongest relevant argument). The moral premise and argument for Right-to-die not being suicide is that the individual is terminal and that further treatment only extends suffering - that the treatments main effect is to force the extension of suffering. That is pretty clearly not the case here.

Regardless of how this works out, this case sits within the gray area, and attempts to legislate a response in this case will likely have a bevy of unintended consequences.

545 posted on 03/23/2005 4:57:03 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Right_in_Virginia
Dr Cheshires affadvit filed today on behalf of DCF.
546 posted on 03/23/2005 4:57:12 PM PST by jwalsh07
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To: Theodore R.
I think it is due to new recent findings in the case. Sometimes things get down to the 11th hour before someone is willing to speak up or when someone is finally heard.

For the people that think taking her in DCF is going to be an instant thing need to realize that you just can't run in there and snatch her from her bed without possibly causing more harm to her. The area needs to be secured and everything must be setup and prepared in advance before they go in there to take custody of her.

With everyones emotions running high and at full speed. They have to make sure that no bystanders are hurt or killed. Or that they don't kill Terri by moving her and taking her into DCF custody.
547 posted on 03/23/2005 4:57:56 PM PST by stlnative
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To: shield

Jeb will be taking Terri into custody tonight...hide and watch....

I only hope and pray that you are right.


548 posted on 03/23/2005 4:58:04 PM PST by kempster
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To: Hildy
You want to give a State Agency such as Department of Children and Families this kind of power?

Ugh. That is an organization already rife with abuses of power. Even if they are right in regards Schiavo, loosening their leash to do so will have a lot of horrible consequences.

549 posted on 03/23/2005 4:59:19 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Hildy
You truly want to go there? You want to give a State Agency such as Department of Children and Families this kind of power? Are you INSANE?

They already have the power to take away my children if I abuse them or starve. So, taking away a starved abused adult [who is in a way, equivalent to a child, unable to defend herself] from the abusive spouse is not essentially an excercise of a greater power than they already have.

-A8

550 posted on 03/23/2005 4:59:27 PM PST by adiaireton8 ("There is no greater evil one can suffer than to hate reasonable discourse." - Plato, Phaedo 89d)
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To: Right_in_Virginia
You have to read the law....in a situation #2...considered an EMERGENCY...state will go in and rescue TERRI...without any approval whatsoever....no one can block them that's a law in Florida....judge can not do one little thing about it...Jeb will rescue her tonight....doesn't matter what greer does to block 'em ... its greer that is on shaky ground on what he's done...not the Governor...
551 posted on 03/23/2005 4:59:38 PM PST by shield (The Greatest Scientific Discoveries of the Century Reveal God!!!! by Dr. H. Ross, Astrophysicist)
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To: Common Tator

I hear what you are saying but it holds no water with me. We are starving a woman to death and making her parents stand there helplessly and watch. There is no reason why President Bush can not put her under protective custody until the courts do their thing. If Terri is not a criminal than what has she done to deserve an execution? Again, what is my son fighting for? I was at one time very proud to be an American but I can not say that now. I can't believe with all the great legal minds they can not devise a way to save this woman and that the liberal judges have full control. It has been proven over and over and over that Terri has been ramroded and yet we can not do anything???? It is time for the Republican Party to get their act together or we need to seriously think about starting a new political party that believes in life.


552 posted on 03/23/2005 4:59:57 PM PST by Two-Bits (I AM HEARTSICK AND SOUL MAD!!!! DO NOT GET A DNR IF YOU DO NOT WANT TO BE PUT TO DEATH.)
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To: lepton
It IS a hard case, because

Her husband legally cannot be her guardian. If those laws were followed, a new guardian would be able to call for a de novo trial on the basis that he was not present for the old one (best to have a formerly-uninvolved Schindler sibling become guardian for this). At that trial, without Michael sandbagging Terri's condition, it would be obvious that she was not PVS and there'd be no reason whatsoever to deny her reasonable care.

553 posted on 03/23/2005 5:01:14 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: lepton
a bevy of unintended consequences

This is a nice phrase. But all government is known for its "unintended consequences." One uses the ammunition at his disposal, or he forever will wonder about he outcome.

554 posted on 03/23/2005 5:01:31 PM PST by Theodore R. (Why does the GOP continue to fiddle while Terri burns? Is it cowardice?)
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To: nicmarlo
Unbelievable, I never heard of such a thing and I personally know a lot of FDLE people. Something is rotten here.

Everone should read this it is very revealing.
555 posted on 03/23/2005 5:01:56 PM PST by rodguy911 (rodguy911:First Let's get rid of the UN and the ACLU,..toss in CAIR as well.)
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To: Dante3

Jeb was advised to wait until tonight....he's goin' in!!! ;o)


556 posted on 03/23/2005 5:02:01 PM PST by shield (The Greatest Scientific Discoveries of the Century Reveal God!!!! by Dr. H. Ross, Astrophysicist)
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To: Theodore R.
It is quite a spectacle to see conservatives blaming Republicans for this situation when only a few Democrats have been dragged along (probably to save their office) but none are leading the charge.

But who are being criticized here with threats to withhold support? Republicans.

Who have been the only ones to stick their necks out to do something? Republicans.

It's insane.

557 posted on 03/23/2005 5:02:16 PM PST by Dog Gone
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Criminal...

Gabriel Keys (foreground) is arrested by police officers for
trespassing in Pinellas Park, Florida, March 23, 2005. The
young protester attempted to take a glass of water into
the Woodside Hospice for the brain-damaged Terri Schiavo.
A federal judge approved the murder of Terri Schiavo by
rejecting a request from her parents to order her feeding
tube reinserted to save her life.

http://story.news.yahoo.com/news?tmpl=story&u=/050323/ids_photos_ts/r4209066064.jpg


558 posted on 03/23/2005 5:03:13 PM PST by XR7
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To: Hildy
You want to give a State Agency such as Department of Children and Families this kind of power? That the scariest thing I have heard all week, Thanks Hildy for asking these questions.
559 posted on 03/23/2005 5:03:56 PM PST by not-alone
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To: Dan from Michigan

Well .. that's a really good name - but if he wasn't elected - then it wouldn't fit.


560 posted on 03/23/2005 5:04:09 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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