STATE TOLD NOT TO ENFORCE LAW PROTECTING TERRI SCHIAVO

CNSNews.com ^ | March 24, 2005 | Jeff Johnson

[sinanju]

"Florida Gov. Jeb Bush said the new information "raises serious concerns and warrants immediate action.

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.

[sinanju]

As far as this one states, Governor Bush is within his authority to take charge but, like Gov. Romney of Mass. last year, he stands around wringing his hands. This is a splendid opportunity to start breaking the hold of the blackrobes on our country but no politco is willing to take a stand and force a showdown. Where's Andrew Jackson when you need him?

[shadowman99]

If this woman dies, Jeb need not waste any time or money running for President. He won't have my vote.

[joesnuffy]

Anne Coulter pointed out that when segregation was ended
a governor had no problem brigning out the Guard and the President had no problem sending in the regular Army to get the job done..

Sometimes for the good of the one such things needs be done

[SwinneySwitch]

I rebuke you, judge Greer!

[BikerNYC]

Good point, but I think those actions were taken to enforce court orders.

[TAdams8591]

Agreed. I don't know how he can sit back at this point and do nothing!!!!

[vin-one]

Please Jeb, grow a set of B*lls, and go rescue this woman,

NOW, do it now............

[Bigh4u2]

"Greer rebuked the agency, ordering it not to attempt to enforce the state law."

Greer has no legal authority to do this.

He is circumventing the law to fulfill his judicial fiat.

He should be removed Immediately from the bench!

[Juan Medén]

Since when are law enforcement agencies under the judicial branch? This is the clearest violation of the separation of powers that I have seen in a long time. If this goes uncontested, we will truly have a tyranny of the courts.
Jeb better do something or we will all become slaves of the courts.

[Bluegrass Conservative]

Where's Andrew Jackson when you need him?

In his grave laughing hysterically as the Bushes are criticized. After all, he is credited as being the founder of the modern Democrat Party!

[Logical me]

Jeb Bush is a coward. I would encourage the people of Florida to impeach him for not obeying the law of the Constitution of Florida, not to mention the Constitution of the United States.

[truthseeker2]

Greer and Jeb Bush have a long standing disagreement with each other over this case. Greer's ego has been hanging out in the wind for a while now.

Read this:

www.terrisfight.org/documents/Motion%20to%20Disqualify%20090503.pdf

[mozrock]

This is about ridiculous! Who next...GW? Who do we stop at while we are out crucifying all of our ELECTED leaders! Damn!!

[whershey]

Rolling over in his grave along with Jefferson.

[ordinaryguy]

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.

If they take custody of her at one minute after minute tonight, they won't need to petition the court until Monday morning. If they take custody now, they will need to petition the court tomorrow afternoon.

[kingattax]

Youre absolutely correct

[Sola Veritas]

"This is a splendid opportunity to start breaking the hold of the blackrobes on our country but no politco is willing to take a stand and force a showdown."

I agree. You need to read Ann Coulter's excellent editorial of yesterday.

[MortMan]

I bet tomorrow's a holiday in FLA. That means he can act TODAY.

[Digger]

As far as this one states, Governor Bush is within his authority to take charge but, like Gov. Romney of Mass. last year, he stands around wringing his hands.

Pontius Pilot fo 2005. Remember this especially tomorrow - Good Friday.

[Saundra Duffy]

Where are you, Jeb Bush?!!!!!!!!