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To: tutstar

That makes you cry, so true. The hour draws near, hour by hour.


1,804 posted on 03/24/2005 10:42:12 AM PST by Orlando (THE PASSION OF THERESA MARIA SCHINDLER, DURING THE HOLY WEEK!)
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To: Orlando
That makes you cry, so true. The hour draws near, hour by hour.

At this point I can only hope one of the Bush family members can step up to the plate (I won't blame them if they can't for whatever reason).

1,820 posted on 03/24/2005 10:51:42 AM PST by easonc52
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To: Scoop 1; LegalEagle61; tutstar

"Any action would be a violation of Mrs. Schiavo's constitutional right to refuse medical treatment. It would be a violation of her civil rights. It would be an assault, a battery, a trespass on her," Felos argued, following his assessment with a threat aimed at DCF officials, "and, should that occur and should that be attempted, we will hold those to the fullest extent of the law."

But Florida statute 2004-Ch0415-Section%201051#0415.1051"415.1051 seems to contradict Felos' claim.

The statute states, "If it appears that the vulnerable adult ... 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."

Jennifer Lima-Smith, an attorney for the DCF, reminded Greer that the agency does not need his permission in advance to act.

"The law allows the department to exercise both emergency protective services -- intervention and emergency removal -- either one or both," Lima-Smith told Greer.

The statute also appears to specifically exempt DCF from an otherwise enforceable mandate to seek Michael Schiavo's permission to remove Terri.

"If the vulnerable adult's caregiver or guardian is present, the protective investigator must seek the caregiver's or guardian's consent ... before the vulnerable adult may be removed from the premises," the law states, "unless the protective investigator suspects that the vulnerable adult's caregiver or guardian has caused the abuse, neglect, or exploitation."

The only authorization or requirement for the involvement of the courts in an emergency intervention or removal comes after DCF has taken its action. "The department shall, within 24 hours after providing or arranging for emergency removal of the vulnerable adult, excluding Saturdays, Sundays, and legal holidays, petition the court for an order authorizing emergency protective services."

http://www.gopusa.com/news/2005/march/0324_schiavo_protectionp.shtml


1,821 posted on 03/24/2005 10:51:43 AM PST by amdgmary (Please visit www.terrisfight.org and www.theempirejournal.com)
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To: Orlando

We have lost the War on TERROR & EVIL it was here all along.
'The eagle will fall from within'.--Now, I know what that fully means....


1,835 posted on 03/24/2005 10:55:38 AM PST by Orlando (THE PASSION OF THERESA MARIA SCHINDLER, DURING THE HOLY WEEK. MOTHER MARY)
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