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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: truthluva
Why hasn't the DCF been involved before now?

That's the $1.7 million question.

501 posted on 03/23/2005 4:43:30 PM PST by mtbopfuyn
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To: pa mom
"Does anyone know what the neurological effects could be from not having had water for so long?"

I've been wondering that too. There DOES come a point of NO return and whatever lies they have said about Terri WILL BE TRUE IF they keep pussy footing around on this. Time is of the essence.
502 posted on 03/23/2005 4:43:41 PM PST by nmh (Intelligent people recognize Intelligent Design (God).)
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To: Common Tator

And instead we have now the power of death placed in the hands of a judge. And this is an improvement?

Somehow arbitrary exercise of power is still evil and these judges who had nothing to lose by erring on the side of caution and humanity still exert their arrogant will no different from some ancient king and the result is the same for the powerless... Death!


503 posted on 03/23/2005 4:44:06 PM PST by Aloysius88 (Antonin Scalia for Chief Justice.)
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To: Defiant
the Clintonistas got it into federal court somehow and got a federal judge to order that the father was the legal guardian. They used that order to go grab him.

The libs sure know how to use the judiciary to their benefit, eh? And it's pretty much all they have left, so they use it fully.
504 posted on 03/23/2005 4:44:25 PM PST by over3Owithabrain
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To: mtbopfuyn; truthluva
Why hasn't the DCF been involved before now?

Part of your answer is in this article:

FDLE Agent Implicates McCabe in Halting Schiavo Probe; New Evidence, Subpoena Could Save Terri

505 posted on 03/23/2005 4:45:51 PM PST by nicmarlo
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To: over3Owithabrain

It was always amazing to me how the Clintons always seemed to draw the judge they wanted when a case involving them was assigned. The only one they lost was when Royce Lamberth got some cases early on, but they learned that lesson, and made sure to control the assignment of judges for the rest of their reign.


506 posted on 03/23/2005 4:46:56 PM PST by Defiant (Make unconstitutional rulings unconstitutional.)
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Comment #507 Removed by Moderator

To: Phx_RC
I am getting ready to send a contribution to Casey in PA for starters.

Santorum seems to be going off his rocker. Now he is talking about "rethinking" his previous opposition to capital punishment. He promised that Terri would not die "on my watch," and out of the Senate came an ineffective bill that he helped to cobble together. Casey, Jr., is an economic liberal but anti-abortion. That is the formula PA may be looking for. Rick's time may have come and gone, but were I a PA voter, I would still prefer Rick in the general election to Casey. At least for now. I think Santorum will have a tough time winning in 2006. He may go into panic mode by September 2006.

508 posted on 03/23/2005 4:47:16 PM PST by Theodore R. (Why does the GOP continue to fiddle while Terri burns? Is it cowardice?)
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To: supercat
Michael has been deliberately sandbagging Terri's condition. His actions prove that her condition is much better than he claims. Give Terri a week with sunshine, fresh air, a kitty cat, and some quack doctor who waves magic crystals over her head, and she'll be much better. Substitute an honest and good doctor, and she'll be better yet.

You have touched on what MS and Greer fear most. They will be exposed for their treachery as Terri's life improves. The world will be a witness.

509 posted on 03/23/2005 4:47:23 PM PST by demlosers (Soylent Green is made in Florida)
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To: rodguy911

and I believe we will witness this on live TV sometime before daybreak. I am sure the plan is being worked out right now and they are planning carefully in advance so that it situation goes smoothly and as peacefully as possible for the sake of Terri's delicate condition. It would just be horrible if she dead while they were trying to take her out of the hospice when they are trying to save her life.

The best thing to do is send in the State police to secure the area and then fly in a helicopter to take her to the area they have set up to treat and protect her. All this takes time because I think they just discovered that DCF could really take her into protective custody.

They also have to think about if this would bring on riots by the people who think that the tube should stay out and that she should die.

It is not as simple as just marching in and then out without some planning being done in advance.


510 posted on 03/23/2005 4:47:41 PM PST by stlnative
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To: utahagen

Of course, I favor a rescue, but I don't think there is the will.


511 posted on 03/23/2005 4:47:42 PM PST by Theodore R. (Why does the GOP continue to fiddle while Terri burns? Is it cowardice?)
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To: pw2000

You are looking at her like there is no life. She was walking w/assistance after the incident when she was getting minimal therapy. Once the $$ came - her guardian stopped every means of helping her. She is only in this condition because of her guardian's wishes. And STILL without any therapy - TODAY she could be on her way to a new life - under her parents/family.

The neurologists said she can be helped to live a productive life - not a house plant!! What you see is because of no care - there is a young woman inside wanting to express herself better and wants to eat and drink. A brain injury is all she has wrong with her - and that takes therapy and a will - we know she has the will - but no therapy.


512 posted on 03/23/2005 4:47:49 PM PST by presently no screen name
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To: supercat

Hmmmm? I hadn't thought of that - but what is your evidence it was "patently illegal".

And .. even if it is "illegal" enough to have him removed from the case .. who would do that - and how quickly could it be done ..??


513 posted on 03/23/2005 4:47:53 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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To: Edmund Burke
Judge Green does not take into account "natural law", only statutory law.

Then he should not be a judge, and any unjust rulings he issues do not have force of law, and can be justifiably violated.

-A8

514 posted on 03/23/2005 4:48:08 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: Theodore R.

That's why we beg God for miracles: because men sometimes lack the will to do what is right.


515 posted on 03/23/2005 4:48:44 PM PST by utahagen
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To: brigette
they just discovered that DCF could really take her into protective custody.

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.

516 posted on 03/23/2005 4:49:04 PM PST by Theodore R. (Why does the GOP continue to fiddle while Terri burns? Is it cowardice?)
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To: rodguy911

Me, too. I'm probably not doing all I can for my part, but homeschooling two is where I chose to begin. At least that one institutional bias won't envelop my kids. I wish all families (that want to) could do the same.


517 posted on 03/23/2005 4:49:04 PM PST by lainie
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To: nicmarlo

Very interesting. Thanks.


518 posted on 03/23/2005 4:49:39 PM PST by Defiant (Make unconstitutional rulings unconstitutional.)
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To: nicmarlo
"my days are blending together this past week."

Most of my days are like that anymore.

I've been following all of this and praying for Terri. I just can't bear to get too involved. My job is stressful enough.

I know how DCFS works here, but laws and policies are not uniform from one state to another. If it were here, she could be taken on a 72 hour hold without a court order, but an affadavit would have to be filed and an emergency ex parte order issued within that 72 hour window, to be followed by a probable cause hearing within 5 business days. DCFS cases here do NOT go before the same judges that preside over civil and/or criminal matters.

519 posted on 03/23/2005 4:50:04 PM PST by sweetliberty (Somebody please pull the death brigade's feeding tube!)
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To: Defiant

yw, defiant.


520 posted on 03/23/2005 4:50:12 PM PST by nicmarlo
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