Posted on 03/24/2005 9:09:56 AM PST by davidosborne
Breaking News
(Excerpt) Read more at foxnews.com ...
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.
Jeb can pick her up no matter what Greer says. Period.
As if there is no executive branch in America.
As if there is only judicial.
This has nothing to do with the family or WHittemore, this is a new application to take custody of Terri by DCF.
We need one person with executive authority who answers to GOD ALMIGHTY and then, and only then, will Terri be saved. All this legal and political mish-mash is killing Terri as we speak. Jeb, can you hear us!
"I think Jeb knows he's dealing with a loose cannon and doesn't want to do anything to set him off."
I think Jeb takes his responsibilities as head of the executive branch seriously. He wants to give the judicary every chance. He knows how Greer will likely rule. Jeb's not stupid. In fact, he's always impressed me as the smartest, most articulate, and most conservative of all the Bushes. Let's wait and see what happens next.
ping
FANATIC = When your current approach isn't working, just redouble your efforts....
Naaah, they have been just "treating the chart" anyway, as evidenced by Greer not going to see his victim. And any nurse would essentially be suing Michael and he sure ain't going to kill himself, he's got Felos!!
Will check back later.
Please tell me it will be a with different legal team! Those current lawyers blew it big time the first time they went to Federal Court.
Judge has NOT ruled yet
the Fox graphic on the screen says.....WAiting for judge's decision.....i guess they werent told the "surprising" news
I know what this is about :)
This is not the legal situation at all.
Due to your post I changed channels to CNN where it says they're waiting for the judge so you are wrong.
Anyone surprised?
No, I'm not surprised at the disinformation posted on FR these days.
Heavenly Father - We ask that You bolster our little sister, Theresa Marie Schiavo, with Your Power and Strength. Please comfort our little sister's Mother, Father, Brother and Sister, and all those who look to You for our help. In the Mighty Name of Jesus Christ, our Savior and Lord. Amen.
Pray for Terri. One way or another, this nightmare needs to end for her soon.
Greer MUST be on MIchael's payroll. How else can it be explained that he's sided with that adulterous POS EVERYTIME?
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