Posted on 03/23/2005 8:07:00 PM PST by sonsofliberty2000
TAMPA, Fla. (AP) A lawyer for Terri Schiavo's parents says an appeal to try to keep the brain-damaged woman alive has been filed with the U.S. Supreme Court.
I'm not.
They need someone to blame.
Cannot hold the Judiciary accountable.
Cannot hold Michael accountable.
Cannot accept our own part in the culture reaching the point it has.
Cannot accept we allowed the Judiciary to be stregthened.
Cannot accept that no human on this earth is more powerful than the evil we are against, only God holds that form of power.
So latch onto the most convenient target and scapegoat him for not being king.
It is becoming clearer and clearer as the days have gone by that the family's legal team is not very good. If I didn't know better, I would say they prefer TV to doing their job.
I'm getting to that mode of thought too. All those judges looked at this. This would have been halted at some point if their legal team had brought up all the points that have been brought up here.
It's very disappointing to read this stuff. Of all the people to blame, by all means, let's blame the Bush brothers.
Oh, well. I imagine they're used to it at this point.
It's called strategy-congratulations to you. When I next get to West Virginia, I'll let you know and maybe we can get together!!
No but maybe stretch it. We got in this mess because of one broken law after another solely to kill Terri. I see no way out but radical action.
Help him if it's not too late Torie.
No email address. Gibbs realizes his error now however.
I didn't necessarily mean that as a compliment! - - but if you want to take it that way, suit yourself. The problem with "Transcendentalists" is that they really don't believe there's anything transcendent. A pretty bleak perspective, when stripped of the gauzy rhetoric.
Gimme a break. He can protect citizens from murderers disguised in judicial robes, and should. NOW.
It did me over the top when I heard on our local radio that the original pleading to the district judge was the wrong way to go. Then I find out it took them ten hours to get to the 11th Circuit to appeal the initial finding of the three judges? I don't like their spokesman either -- he gives me the creeps.
Fla. Stat. § 415.1051 (2004)
§ 415.1051. Protective services interventions when capacity to consent is lacking; nonemergencies; emergencies; orders; limitations
(1) NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS. --If the department has reasonable cause to believe that a vulnerable adult is being abused, neglected, or exploited and is in need of protective services but lacks the capacity to consent to protective services, the department shall petition the court for an order authorizing the provision of protective services.
(a) Nonemergency protective services petition. --The petition must state the name, age, and address of the vulnerable adult, allege specific facts sufficient to show that the vulnerable adult is in need of protective services and lacks the capacity to consent to them, and indicate the services needed.
(b) Notice. --Notice of the filing of the petition and a copy of the petition must be given to the vulnerable adult, to that person's spouse, guardian, and legal counsel, and, when known, to the adult children or next of kin of the vulnerable adult. Such notice must be given at least 5 days before the hearing.
(c) Hearing.
1. The court shall set the case for hearing within 14 days after the filing of the petition. The vulnerable adult and any person given notice of the filing of the petition have the right to be present at the hearing. The department must make reasonable efforts to ensure the presence of the vulnerable adult at the hearing.
2. The vulnerable adult has the right to be represented by legal counsel at the hearing. The court shall appoint legal counsel to represent a vulnerable adult who is without legal representation.
3. The court shall determine whether:
a. Protective services, including in-home services, are necessary.
b. The vulnerable adult lacks the capacity to consent to the provision of such services.
(d) Hearing findings. --If at the hearing the court finds by clear and convincing evidence that the vulnerable adult is in need of protective services and lacks the capacity to consent, the court may issue an order authorizing the provision of protective services. If an order for protective services is issued, it must include a statement of the services to be provided and designate an individual or agency to be responsible for performing or obtaining the essential services on behalf of the vulnerable adult or otherwise consenting to protective services on behalf of the vulnerable adult.
(e) Continued protective services.
1. No more than 60 days after the date of the order authorizing the provision of protective services, the department shall petition the court to determine whether:
a. Protective services will be continued with the consent of the vulnerable adult pursuant to subsection (1);
b. Protective services will be continued for the vulnerable adult who lacks capacity;
c. Protective services will be discontinued; or
d. A petition for guardianship should be filed pursuant to chapter 744.
2. If the court determines that a petition for guardianship should be filed pursuant to chapter 744, the court, for good cause shown, may order continued protective services until it makes a determination regarding capacity.
(f) Costs. --The costs of services ordered under this section must be paid by the perpetrator if the perpetrator is financially able to do so; or by third-party reimbursement, if available. If the vulnerable adult is unable to pay for guardianship, application may be made to the public guardian for public guardianship services, if available.
(2) EMERGENCY PROTECTIVE SERVICES INTERVENTION. --If the department has reasonable cause to believe that a vulnerable adult is suffering from abuse or neglect that presents a risk of death or serious physical injury to the vulnerable adult and that the vulnerable adult lacks the capacity to consent to emergency protective services, the department may take action under this subsection. If the vulnerable adult has the capacity to consent and refuses consent to emergency protective services, emergency protective services may not be provided.
(a) Emergency entry of premises. --If, upon arrival at the scene of the incident, consent is not obtained for access to the alleged victim for purposes of conducting a protective investigation under this subsection and the department has reason to believe that the situation presents a risk of death or serious physical injury, a representative of the department and a law enforcement officer may forcibly enter the premises. If, after obtaining access to the alleged victim, it is determined through a personal assessment of the situation that no emergency exists and there is no basis for emergency protective services intervention under this subsection, the department shall terminate the emergency entry.
(b) Emergency removal from premises. --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. If the vulnerable adult's caregiver or guardian is present, the protective investigator must seek the caregiver's or guardian's consent pursuant to subsection (4) before the vulnerable adult may be removed from the premises, unless the protective investigator suspects that the vulnerable adult's caregiver or guardian has caused the abuse, neglect, or exploitation. 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.
(c) Emergency medical treatment. --If, upon admission to a medical facility, it is the opinion of the medical staff that immediate medical treatment is necessary to prevent serious physical injury or death, and that such treatment does not violate a known health care advance directive prepared by the vulnerable adult, the medical facility may proceed with treatment to the vulnerable adult. If a person with legal authority to give consent for the provision of medical treatment to a vulnerable adult has not given or has refused to give such consent, examination and treatment must be limited to reasonable examination of the patient to determine the medical condition of the patient and treatment reasonably necessary to alleviate the emergency medical condition or to stabilize the patient pending court determination of the department's petition authorizing emergency protective services. Any person may seek an expedited judicial intervention under rule 5.900 of the Florida Probate Rules concerning medical treatment procedures.
(d) Emergency protective services petition. --A petition filed under this subsection must state the name, age, and address of the vulnerable adult and allege the facts constituting the emergency protective services intervention and subsequent removal of the vulnerable adult or provision of in-home services, the facts relating to the capacity of the vulnerable adult to consent to services, the efforts of the department to obtain consent, and the services needed or delivered.
(e) Notice. --Notice of the filing of the emergency protective services petition and a copy of the petition must be given to the vulnerable adult, to that person's spouse, to that person's guardian, if any, to legal counsel representing the vulnerable adult, and, when known, to adult children or next of kin of the vulnerable adult. Such notice must be given at least 24 hours before any hearing on the petition for emergency protective services.
(f) Hearing. --When emergency removal has occurred under this subsection, a hearing must be held within 4 days after the filing of the emergency protective services petition, excluding Saturday, Sunday, and legal holidays, to establish reasonable cause for grounds to continue emergency protective services.
1. The court shall determine, by clear and convincing evidence, whether an emergency existed which justified the emergency protective services intervention, whether the vulnerable adult is in need of emergency protective services, whether the vulnerable adult lacks the capacity to consent to emergency protective services, and whether:
a. Emergency protective services will continue with the consent of the vulnerable adult;
b. Emergency protective services will continue without the consent of the vulnerable adult; or
c. Emergency protective services will be discontinued.
2. The vulnerable adult has the right to be represented by legal counsel at the hearing. The court shall appoint legal counsel to represent a vulnerable adult who is without legal representation.
3. The department must make reasonable efforts to ensure the presence of the vulnerable adult at the hearing.
4. If an order to continue emergency protective services is issued, it must state the services to be provided and designate an individual or agency to be responsible for performing or obtaining the essential services, or otherwise consenting to protective services on behalf of the vulnerable adult.
(g) Continued emergency protective services.
1. Not more than 60 days after the date of the order authorizing the provision of emergency protective services, the department shall petition the court to determine whether:
a. Emergency protective services will be continued with the consent of the vulnerable adult;
b. Emergency protective services will be continued for the vulnerable adult who lacks capacity;
c. Emergency protective services will be discontinued; or
d. A petition should be filed under chapter 744.
2. If it is decided to file a petition under chapter 744, for good cause shown, the court may order continued emergency protective services until a determination is made by the court.
(h) Costs. --The costs of services ordered under this section must be paid by the perpetrator if the perpetrator is financially able to do so, or by third-party reimbursement, if available.
(3) PROTECTIVE SERVICES ORDER. --In ordering any protective services under this section, the court shall adhere to the following limitations:
(a) Only such protective services as are necessary to ameliorate the conditions creating the abuse, neglect, or exploitation may be ordered, and the court shall specifically designate the approved services in the order of the court.
(b) Protective services ordered may not include a change of residence, unless the court specifically finds such action is necessary to ameliorate the conditions creating the abuse, neglect, or exploitation and the court gives specific approval for such action in the order. Placement may be made to such facilities as adult family-care homes, assisted living facilities, or nursing homes, or to other appropriate facilities. Placement may not be made to facilities for the acutely mentally ill, except as provided in chapter 394.
(c) If an order to continue emergency protective services is issued, it must include the designation of an individual or agency to be responsible for performing or obtaining the essential services on behalf of the vulnerable adult or otherwise consenting to protective services on behalf of the vulnerable adult.
(4) PROTECTIVE SERVICES INTERVENTIONS WITH CAREGIVER OR GUARDIAN PRESENT.
(a) When a vulnerable adult who lacks the capacity to consent has been identified as the victim, the protective investigator must first request consent from the caregiver or guardian, if present, before providing protective services or protective supervision, unless the protective investigator suspects that the caregiver or guardian has caused the abuse, neglect, or exploitation.
(b) If the caregiver or guardian agrees to engage or provide services designed to prevent further abuse, neglect, or exploitation, the department may provide protective supervision.
(c) If the caregiver or guardian refuses to give consent or later withdraws consent to agreed-upon services, or otherwise fails to provide needed care and supervision, the department may provide emergency protective services as provided in subsection (2). If emergency protective services are so provided, the department must then petition the court for an order to provide emergency protective services under subsection (3).
(5) INTERFERENCE WITH COURT-ORDERED PROTECTIVE SERVICES. --When a court order exists authorizing protective services for a vulnerable adult who lacks capacity to consent and any person interferes with the provision of such court-ordered protective services, the appropriate law enforcement agency shall enforce the order of the court.
(6) LIMITATIONS. --This section does not limit in any way the authority of the court or a criminal justice officer, or any other duly appointed official, to intervene in emergency circumstances under existing statutes. This section does not limit the authority of any person to file a petition for guardianship under chapter 744.
What laws have been broken to date?
Understand that I am on your side - I want her to live, and I pray someone will find a way to save her - but I want a legal solution, not lawmakers willy-nilly doing whatever it is they feel like doing.
Do you know how many self professed Christians on this board alone are rooting for Terri Schiavos demise?
Torie has more morality in his little finger than many Christians will have in a life time.
And I say that as a Christian, a Catholic who practices at it and as a man who is not prone to bs.
Still, with all these judges,being petitioned,especially the 11th district guys today, at some point if they are good people,they have to talk to each other and say "You know her legal team blew this but you know she is starving out there In Florida,and well we can't let that happen for all the world to see. So we'll disregard this deficiency and because we are brilliant scholars of the law,we will find language that works."
But they don't do that so I think,deep down they don't give a da**. about her,and care more about their legal legacy.
It works for me. I am not blessed with the gift of faith, but I am still a relatively happy chap. I try despite all to do what is right, as I see the right, much of which of course due to my upbringing and culture, which of course is suffused by values that emanate from Christ and other serious men. So call me a derivative moral Christian maybe. Call me whatever you like.
Tell me how. And when you do, please be realistic. This isn't an episode of The West Wing or 24.
One would assume the governor of Florida would be bound by the laws of the state. Within the law, what does Jeb Bush have the authority to do?
But .... I can't see taking Randall Terry on as chief spokesman. Uphill as it may have been, they needed to woo the media - they had a real story to tell (the odious character of Michael - a story that's finally getting out); but aligning themselves with the most controversial wing of the pro-life movement put a big barrier in the way of media relations. They should have linked up with the disabilities movement instead. They should have had a disabled advocate as their spokesperson - and their court pleadings should have been seconded by a blizzard of amicus briefs from advocates for the disabled.
And they should have reached out to the Federalist Society for top-flight pro bono legal help -- A Team attorneys who practice constitutional law at the highest levels for a living.
On the other hand, it seems that God seldom chooses the most polished candidates to be his disciples, witnesses and martyrs -- and the Schindlers have clearly been dragooned by a higher power into that role.
I just posted the statute above. It is what his news conference was all about today.
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