Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Here's the Florida Law Allowing DCF to Take Terri
Florida Statutes | 3/23/05 | Tomahawk

Posted on 03/23/2005 4:02:52 PM PST by tomahawk

click here to read article


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 141-152 next last
This is an "emergency intervention", I'd say.
1 posted on 03/23/2005 4:02:52 PM PST by tomahawk
[ Post Reply | Private Reply | View Replies]

To: tomahawk

Well, I sure hope they're in the process of applying as we write...


2 posted on 03/23/2005 4:03:52 PM PST by Ladysmith (Wisconsin Hunter Shootings: If you want on/off the WI Hunters ping list, please let me know.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: tomahawk

Florida Law: "a representative of the department and a law enforcement officer may forcibly enter the premises".

Time to go in with law enforcement.


3 posted on 03/23/2005 4:04:31 PM PST by tomahawk
[ Post Reply | Private Reply | To 1 | View Replies]

To: tomahawk

bump for later reading


4 posted on 03/23/2005 4:05:10 PM PST by Christian4Bush ("In Common" for 1000, Alex: Beached whale, terrorist, juvenile murder 1. "Whom can U not starve?")
[ Post Reply | Private Reply | To 1 | View Replies]

To: tomahawk

Didn't Greer block this? That Greer is pure evil.


5 posted on 03/23/2005 4:06:32 PM PST by sandbar
[ Post Reply | Private Reply | To 1 | View Replies]

To: tomahawk

I wish they would just do it. Save her life, hide her from Michael Schiavo so he can't have her killed and argue about it later.


6 posted on 03/23/2005 4:07:17 PM PST by GloriaJane ("How Many Babies Are Crying In Heaven Tonight" http://music.download.com/gloriajane)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sandbar

He can't block enforcement of a law that is on the books.


7 posted on 03/23/2005 4:08:37 PM PST by tomahawk
[ Post Reply | Private Reply | To 5 | View Replies]

To: sandbar

I don't imagine he has that kind of power.


8 posted on 03/23/2005 4:09:39 PM PST by monkeywrench
[ Post Reply | Private Reply | To 5 | View Replies]

To: sandbar

The law actually requires DCF to go in and save her:

"If it appears that the vulnerable adult lacks the capacity to consent to emergency protective services and that the vulnerable adult, from the personal observations of the representative of the department and specified medical personnel or law enforcement officers, is likely to incur a risk of death or serious physical injury if such person is not immediately removed from the premises, then the representative of the department shall transport or arrange for the transportation of the vulnerable adult to an appropriate medical or protective services facility in order to provide emergency protective services. Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others."


9 posted on 03/23/2005 4:09:42 PM PST by tomahawk
[ Post Reply | Private Reply | To 5 | View Replies]

To: tomahawk

I heard a court issued an restraining order against anyone trying to remove Terri. Would the DCF have to abide by that order?


10 posted on 03/23/2005 4:10:04 PM PST by mlc9852
[ Post Reply | Private Reply | To 1 | View Replies]

To: tomahawk

The law is here in black and white: The police must save Terri.

"Law enforcement personnel have a duty to transport when medical transportation is not available or needed and the vulnerable adult presents a threat of injury to self or others."


11 posted on 03/23/2005 4:10:47 PM PST by tomahawk
[ Post Reply | Private Reply | To 9 | View Replies]

To: sandbar

I think he may have blocked the Non-Emergency #1 (that one requires a petition to the court).

I didn't see anything in the Emergency one #2 that requires a court hearing prior to action.

Someone correct me if I'm wrong, please.


12 posted on 03/23/2005 4:11:31 PM PST by feefee
[ Post Reply | Private Reply | To 5 | View Replies]

To: mlc9852

No, a judge cannot order the police to disobey the Governor's orders enforcing a law that is on the books.

Greer can't do that.


13 posted on 03/23/2005 4:11:35 PM PST by tomahawk
[ Post Reply | Private Reply | To 10 | View Replies]

To: tomahawk
the department shall petition the court for an order authorizing the provision of protective services.

Sadly, this has been denied.

14 posted on 03/23/2005 4:12:01 PM PST by housewife101
[ Post Reply | Private Reply | To 1 | View Replies]

To: sandbar

Agreed...Greer is WAY out of control. Is he a member of the 'Hemlock Society' and/or The "Church" of Scientology?


15 posted on 03/23/2005 4:12:05 PM PST by who knows what evil? (If arrogance was beauty, New England women would be supermodels!)
[ Post Reply | Private Reply | To 5 | View Replies]

To: feefee

Correct.

This is situation 2, "Emergency".

No court approval needed.

No legal basis for a court to enjoin enforcement of the law that is on the books.

Bush has all the legal cover he needs on this one.


16 posted on 03/23/2005 4:12:26 PM PST by tomahawk
[ Post Reply | Private Reply | To 12 | View Replies]

To: tomahawk

Good. Thanks.


17 posted on 03/23/2005 4:12:51 PM PST by mlc9852
[ Post Reply | Private Reply | To 13 | View Replies]

To: housewife101

That is the "non-emergency" removal.

Look at the "emergency" removal section below that one.

Bush can get her out of there.


18 posted on 03/23/2005 4:13:06 PM PST by tomahawk
[ Post Reply | Private Reply | To 14 | View Replies]

To: tomahawk

Thank Goodness!


19 posted on 03/23/2005 4:13:06 PM PST by kcvl
[ Post Reply | Private Reply | To 13 | View Replies]

To: tomahawk

Gov. Bush, it is time to enforce the law.

Save Terri under the "Emergency" provisions of this law.


20 posted on 03/23/2005 4:13:50 PM PST by tomahawk
[ Post Reply | Private Reply | To 18 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-6061-80 ... 141-152 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson