State could rescue Terri
despite judge's denial
Florida Department of Children and Families says law permits action without judicial OK
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43458
from World Net Daily
Florida's DCF indicated it might remove the brain-injured woman, by force if necessary, from the hospice where she has lived the past five years.
Department secretary Lucy Hadi told the Palm Beach Post her staff is relying on a state law giving authority to intervene on behalf of a vulnerable adult "suffering from abuse or neglect that presents a risk of death or serious physical injury."
Hadi said DCF must file a petition to remove Terri Schiavo from the Pinellas Park, Fla., hospice but could take action without judicial approval if the department believes it's warranted.
The law says emergency medical treatment can be given to the vulnerable adult as long as "such treatment does not violate a known health care advance directive prepared by the vulnerable adult."
The court history would not prevent DCF from taking action, however, according to Hadi.
"We're not compelled to look at prior judicial proceedings," Hadi told the Post. "What we're compelled to look at is the presenting circumstance and any allegation of abuse and neglect that we've received. So we have to deal with those and fulfill our statutory responsibility, notwithstanding anything else that may have gone on before."
She insisted the court decisions upholding Michael Schiavo are questionable.
"There's nothing about this case that has been clear-cut, except our concern," Hadi said. "We're doing everything we can to be of assistance."
Please let me REPOST THIS... (thanks Scoop 1)
State could rescue Terri
despite judge's denial
Florida Department of Children and Families says law permits action without judicial OK
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=43458
from World Net Daily
Florida's DCF indicated it might remove the brain-injured woman, by force if necessary, from the hospice where she has lived the past five years.
Department secretary Lucy Hadi told the Palm Beach Post her staff is relying on a state law giving authority to intervene on behalf of a vulnerable adult "suffering from abuse or neglect that presents a risk of death or serious physical injury."
Hadi said DCF must file a petition to remove Terri Schiavo from the Pinellas Park, Fla., hospice but could take action without judicial approval if the department believes it's warranted.
The law says emergency medical treatment can be given to the vulnerable adult as long as "such treatment does not violate a known health care advance directive prepared by the vulnerable adult."
The court history would not prevent DCF from taking action, however, according to Hadi.
"We're not compelled to look at prior judicial proceedings," Hadi told the Post. "What we're compelled to look at is the presenting circumstance and any allegation of abuse and neglect that we've received. So we have to deal with those and fulfill our statutory responsibility, notwithstanding anything else that may have gone on before."
She insisted the court decisions upholding Michael Schiavo are questionable.
"There's nothing about this case that has been clear-cut, except our concern," Hadi said. "We're doing everything we can to be of assistance."
The local news reported this morning that Judge Greer ordered the Pinellas County Sheriff's Office to arrest any members of the Dept of Children and Families and any other agency who attempts to take Terri into protective custody.
Probate records subject of Schiavo hearing
Wednesday, March 23, 2005
The hearing was held in a Clearwater courtroom.
Paso-Pinellas Circuit Court Judge George Greer is contemplating a motion filed by attorneys for the Department of Children and Families.
DCF attorneys asked the judge to unseal probate records in the Terri Schiavo case, including financial information, to determine if she was abused or exploited.
Greer asked the attorneys why this request wasn't made before in previous investigations. A DCF attorney argued the records are needed for the current investigation.
Possible tough decision for doctors
Another controversial topic came up during the hearing in Clearwater when an attorney for Morton Pant Hospital entered the courtroom looking for advice about what to do if its doctors are instructed by the executive branch of government to reinsert Schiavo's feeding tube.
"Obviously, my clients don't wish to be in contempt of judicial rulings, but likewise, we don't want to be in violation of an administration order," said the attorney, James Martin Jr.
Greer said he would be on standby for that type of situation, even though the courts will be closed Friday for Good Friday.
Michael Schiavo's attorney, George Felos, said he would take legal action if the feeding tube is reinserted.
"Any action would be a violation of Mrs. Schiavo's constitutional right to refuse medical treatment," said Felos. "It will be a violation of civil rights, and an assault, a battery, trespass on her, and should that occur or be attempted, we will hold those to the fullest extent of the law."
http://www.baynews9.com/content/36/2005/3/23/75550.html