Agency Had 89 Abuse Reports on Schiavo

NewsMax.com ^ | April 2, 2005 | NewsMax.com Staff

[Bigfitz]

Florida's Department of Children and Families had received nearly 90 allegations that Michael Schiavo had abused his wife in recent years - but a Florida judge ruled yesterday that DCF summaries of those allegations must remain secret.

[pollywog]

There is a formal complaint made against Greer and the rest of Florida through the DOJ's office and they aren't doing anything about it. There will be more to come and we must keep the pressure on them to act

IF THERE is nothing done about it, it will be one of the most grave injustices done in my lifetime to a innocent handicapped person!!

[JOE43270]

"Florida judge ruled yesterday that DCF summaries of those allegations must remain secret." Why secret, how many are being covered up for?

[MamaTexan]

The FL State can investigate into the Terri's death with hearings.

One of the nurses (Carol Ivers, I believe) said in a filed affidavit that MS had injected Terri with insulin, and that the incident was duly reported to the authorities.

Shortly thereafter, the investigation was *stopped* by the state Attorney General. THIS was all going on while Greer was on the Board of Directors of the hospice where Terri was at.

I'm beginning to wonder what kind of cut the states and professional politicians/judges are getting from the estates of those folks who die without 'legal' beneficiaries, not to mention the general corruption of our entire government.

[STARWISE]

TOWNHALL.COM ARTICLE EXCERPT

(snip)

"One member of the media asked if the state Department of Children and Families (DCF) planned to take Terri Schiavo into protective custody, remove her from the hospice where she is being dehydrated and starved to death or try to reinsert her feeding and hydration tube."

"We are looking at every potential opportunity to be of assistance," replied DCF Secretary Lucy Hadi." That response apparently prompted the attorney for Terri's estranged husband and legal guardian, Michael Schiavo, to contact Pinellas County Circuit Court Judge George Greer, requesting a court order barring the state from acting.

Noted "right-to-die" attorney, author and activist George Felos argued during a court hearing later Wednesday that DCF had "no more power than ... a person walking down the street," to place Terri in protective custody.?

"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."

Nonetheless, Greer rebuked the agency, ordering it not to attempt to enforce the state law. "Since it appears imminent that the department is likely to do something in contravention of that rule of law, this court is going to grant the oral motion," Greer said. "DCF is hereby restrained from taking possession of Theresa Marie Schiavo or removing her from Hospice Woodside, administer (sic) nutrition or hydration artificially or otherwise interfere (sic) with this court's final judgment."

That final portion of Greer's oral order seems to contradict yet another portion of the statute, entitled "Emergency medical treatment.

[MHT]

Sooner or later, the truth will be known.

[STARWISE]

God Bless You, D I O!!!

[tuckrdout]

Listen, husbands in this country can do whatever they want to their wives, because they are the next of kin! The courts have said so!

It is private family business!

[adgirl]

I concur. The Schlinders attorneys were not as experienced as the Death Squad, but what bugs me is that it seemed like the standards of evidence were raised when the Schlinders wanted something entered in to evidence, but Schiavo's group got to enter hearsay (is that how you spell it?) into evidence on a life a death matter. I don't even think you could settle a small claims court matter using hearsay. The problem is that a matter like this should be tried in front of a jury not a judge!

[MamaTexan]

The fact they had the PVS law on their side

Actually, they didn't.

I'm just to sick of this whole mess to go back and look through my posts for the last week, but the Florida statutes Chapter 765 legally defines 'PVS' as a state of unconsciousness.... which Terri wasn't.

[middie]

Question - - If these reports are not disclosable to the public how do you know there were abuse allegations to the state agency from nurses, etc?

[St.VincentPaul]

I think that was one of the biggest failures made by the State. THE DCF should have never gone to Greer, it should have acted on its own authority.

Subsequently, a hearing would have taken place, and the onus would have shifted to MS to prove that the DCF had acted inappropriately. These type of hearings over administrative decisions are all nuanced with differing legal standards- and any appellate review would have been based on those different standards. It would have re-shuffled the cards.
If nothing else it would have placed Terri effectively in Jeb's possession, and at least he could have turned the tables on Greer; i.e. you come past the State Troopers and come and get her.

[AnnOutragedCitizen]

The problem is that a matter like this should be tried in front of a jury not a judge!

---------

True, but like everything else, that request was also thrown out. (If I remember right, the Schindlers lawyers filed too late on their request. But, whatever happened, they made the request and it was denied.)

[CyberAnt]

Since you mentioned "darkness" - I thought I'd share a few things GOD has already said about it and I will add some of my own comments in [brackets]. I begin in Luke 11:

35. Take heed therefore that the light which is in you be not darkness. [He was talking about the spirit of man]
36. If your whole body therefore is full of light, having no part of darkness, the whole shall be full of light, as when the bright shining of a candle gives you light.
37. And as He spoke, a certain Pharisee [leader] besought him to dine with him: and He went in, and sat down to meat [to eat a meal].
38. And when the Pharisee [leader] saw it, he marvelled that Jesus had not first washed before dinner.
39. And the Lord said unto him, Now do you Pharisees [leaders] make clean the outside of the cup and the platter; but your inward part is full of ravening and wickedness. [So - you dress up nice - but inside you plot evil]
40. Ye fools, did not HE that made that which is without make that which is within also? [If GOD made the outer part of man - the flesh - then surely GOD made the inward part - the spirit]
41. But rather give alms of such things as you have; and, behold, all things are clean unto you. [Give of yourself and your substance and do not use taxpayer monies to do YOUR giving - otherwise your gift is worthless]
42. But woe unto you, Pharisees! [leaders] for you tithe mint and rue and all manner of herbs, and pass over judgment and the love of God: these ought you to have done, and not to leave the other undone. [While you are busy giving to AIDS foundations - you forgot to LOVE the person with AIDS by teaching the truth about the affliction and how to prevent it]
43. Woe unto you, Pharisees! [leaders] for you love the uppermost seats in the synagogues, and greetings in the markets. [Just bring out a camera and hundreds of dems will show up]
44. Woe unto you, scribes [lawyers] and Pharisees [leaders], hypocrites! for you are as graves which appear not [don't have markings], and the men that walk over them are not aware of them. [people will not even remember you when you are dead]
45. Then answered one of the lawyers, and said unto him, Master, you are saying you reproach us also. [How dare you admonish me - don't you know who I am - I'm a lawyer]
46. And he said, Woe unto you also, you lawyers! for you laden men with burdens grievous to be borne, and you ourselves touch not the burdens with one of your fingers. [You lawyers have an extra duty to help the helpless and to NOT unduly burden them - but to unburden them.]

Luke 12:
3. Therefore whatsoever you have spoken in darkness shall be heard in the light; and that which you have spoken in the ear in closets shall be proclaimed upon the housetops. [Everything hidden will be revealed]

John 1:
5. And the light shines in darkness; and the darkness comprehended it not. [no matter how gross the darkness - the LIGHT OF GOD will dispel it - right under the nose of those in darkness]

John 3:
19. And this is the condemnation, that light is come into the world, and men loved darkness rather than light, because their deeds were evil.
20. For every one that does evil hates the light, neither comes to the light, lest his deeds should be reproved. [Jesus said, "They that hate me love death"]
21. But he that does truth comes to the light, that his deeds may be made manifest, that they are wrought in God. [a person who "comes to the light" receives Jesus as Lord and Savior and no longer serves darkness and death]

May GOD continue to Bless America and strengthen her for the fight ahead.

[Vermont Lt]

I agree with Dave on this one. I dont think WE have a "right" to know. The rules are set up in these cases to protect innocents from being railroaded. These are not sinister issues to put the fix on anyone.

Many folks have made assumptions and disregarded information that is found in older court filings because they dont fit in with their view of how things should have been done.

Read the court documents. Read them objectively. Your ideas of how folks have behaved might not supported.

[Pepper777]

Quick1 wrote: 90 allegations? So did 90 freepers send in allegations, or were they from people who were actually working with Terri? Since none have been proven, it's hard to tell."""


A nurse who worked at the Hospice has come out in support of Terri. She was threatened with being fired if she spoke on Hannity's show. She told them to consider her fired. She also spoke out on Michael Reagan's radio show last Saturday. Anyone who continues to believe the husband, either doesn't know the truth or is a FOOL~!!!

[txrangerette]

The nurse was Carla Iyers. Greer was not on the hospice board at any point, but Michael's lawyer Felos was on its board. A close buddy of Greer, Sheriff Rice, was on the board. There was a rumor that Greer's wife was on the board, but that was proven false.

[Pepper777]

Yes, you're probably right when you ask about Phoenix and Scottsdale. Arizona will be next or they are already working in Arizona.

This case has set precedent for removing feeding tubes from people who are disabled. It's the worst thing that has happened in this country.

[solitas]

Retribution to enemies?
Punishment of the unjust?
"Lord, smite the murderers"?
Yes.

[Arthur McGowan]

There are over 40 instances of violations of law by Greer in his decisions and his behavior.