[CyberAnt]

"The judge bluffed, and Jeb folded."

Okay -- I'm going to start from square one.

First of all - DCF issued an order to remove - lawmen were gathered - the order was filed with the circuit court (Judge Greer), and the circuit court had 24 hours to respond - for or against the removal order.

You're correct that DCF can do this in emergencies when they believe a child's life is in danger - and I don't think Judge Greer would stop them. But this was to remove Terri - and Judge Greer - legally - ISSUED A COURT ORDER STOPPING THE DCF FROM TAKING TERRI OUT OF THE HOSPICE. His reason - the DCF did not have sufficient evidence to support their claim for removal.

I believe DCF did - but this judge seems determined to kill this woman and nothing is going to stop him - not even common sense.

Now .. The DCF has done their job - issued the order for removal .. the circuit court has done their job (within the 24 hours required) .. and ruled against removal.

Are you trying to tell me that the Governor has the power to override that court order against DCF - when police were standing there at the hospice ready to enforce the order (and said they would) - and Jeb could just walk in there - with no authority - take over - order the police around - take Terri ..?? Done Deal!!! To believe that was possible is just nuts.

According to FL people - the police were ready to go - but did not go because the DCF told them to stand down - the court had ruled against the order to remove.

The judge wasn't bluffing - he issued a court order.

And .. Jeb didn't fold - Jeb obeyed the court order (why is that looked at as folding?).

[michigander]

(why is that looked at as folding?)

It's could'a, would'a, should'a.
Yes, he could'a (which you seem to dispute).
Should'a and would'a will be based on his decision of could'a. But, in the end, those were his decisions to make and the consequences are what he (and no one esle) will have to deal with.

[Nick Danger]

I'm going to start from square one.

Then start with the law, and the facts. There is an "emergency" provision in the law that allows the DCF to act without a court order if it believes that a disabled person is in imminent danger of harm. This was the provision that the DCF intended to act under.

Under that provision, the DCF could have seized Terri and gotten her into a hospital. Having done that, they would have 24 hours to notify a court of what they had done, and to petition for continued custody of Terri. Weekends and holidays do not count toward the 24 hours. So had they seized her any time after midnight Friday, they would not have to notify a court until Monday.

Once the court is notified, it must schedule a hearing. Parties wishing to appear at the hearing must be given 24 hours notice. So the hearing can't happen before Tuesday.

They would have had almost four days to bring Terri back to whatever state they could, and get a PET scan (which is not an MRI scan, for all you magnetism fans) in an effort to prove that she has higher-brain activity. Had a PET scan shown activity in the cerebral cortex, all the doctors would have stepped back from the "vegetative state" diagnosis, and the talking heads on TV would have been going, "Whoa!"

As to the facts: the DCF did not petition Greer for permission to enter the facility to take Terry. They petitioned for legal custody, a subtly different thing under a different law. The order that Greer issued forbidding the DCF to act under the "imminent harm" law was issued in response to a filing by Felos, who heard Jeb on the TV saying he was going to send in the DCF under the "emergency" provisions. Felos rushed to court and got an order forbidding that... an order that is likely to be found highly illegal if ever reviewed.