Posted on 03/24/2005 9:44:50 AM PST by Para-Ord.45
The Florida judge who has consistently ruled against efforts to keep Terri Schiavo alive has said no to an effort by the state's Department of Children and Families to rescue the brain-injured woman by physically removing her, but a department spokeswoman says the state agency still could take action without judicial approval.
Pinellas Circuit Court Judge George Greer said the state cannot take Schiavo into custody, nor provide her food or water.
WFLA Radio in Tampa says the ruling will likely be appealed.
The possible "rescue" scenario emerged today with Schiavo now in her sixth day without food or water.
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."
Schiavo's feeding tube was removed Friday by a court order requested by her husband, Michael Schiavo, who contends Terri had expressed a wish to not live under her present condition. Parents Robert and Mary Schindler dispute the court's finding that their daughter is in a "persistent vegetative state," citing numerous physicians who believe she is responsive and could benefit from therapy.
At a news conference this afternoon, Gov. Jeb Bush confirmed the DCF, under his authority, was considering the move.
Bush said new information has come to light warranting intervention, including a review of Terri Schiavo's condition by neurologist Dr. William Cheshire, who claims she may have been misdiagnosed. Cheshire believes Schiavo to be in a "minimally conscious state," not a "persistent vegetative state" as courts have determined.
"It is imperative that she be stablized so the DCF team can fulfill their statute to review the facts surrounding the case," Bush said.
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."
Terri Schiavo did not have a written directive, but courts have backed her husband's claims that she made her wishes known orally in informal conversations.
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."
Meanwhile, a coalition of religious and political groups is urging President Bush and his brother Florida Gov. Jeb Bush to use their executive powers to order police to take Terri Schiavo into protective custody.
Earlier today, the Schindlers asked a federal appeals court to review immediately its three-judge panel's denial of a motion to restore the feeding tube.
The request for an "expedited rehearing" of the full 11th U.S. Circuit Court of Appeals came 10 hours after the panel said in a 2-1 ruling that the parents ''failed to demonstrate a substantial case on the merits of any of their claims.''
Today's ruling was the latest legal blow for the Schindlers. Doctors have said Schiavo could survive one to two weeks without water and nutrients.
Michael Schiavo's lawyer, George Felos, said both sides were likely to pursue their appeals all the way to the U.S. Supreme Court.
Schiavo collapsed under disputed circumstances Feb. 25, 1990, suffering severe brain damage when her heart stopped momentarily. Her husband attributes the collapse to an eating disorder, but the Schindlers strongly suspect he tried to strangle her.
The Schindlers have pleaded with Michael Schiavo to divorce their daughter, pointing out his live-in relationship with another woman, with whom he has two children.
Well, if they're gonna make a move I'd think it'll certainly be today. This could obviously set up a very interesting confrontation between the Florida branches of government. Won't there be LEO's on opposing sides here? Wonder what'll happen with that.
....can't Gov. Bush call out the Florida National Guard? Are the FNG a state agency?
I somehow doubt this will happen. Everyone seems content to let the clock run out on this poor woman. If only she'd been a terrorist, she might have had a chance. (I doubt they'd have permitted so much as a pair of underpants on her head.) Alas, she's committed no crime, except to marry the wrong guy.
Personally, I think all these political idiots are just stalling and buying time in hopes that Terri will die in the meantime and then none of them will have to use force to go and get Terri. Sorry, but I am so discusted with this whole thing, as most of us are, that I can't come to any other conclusion. It's a standoff where no one dares to do the right thing.
State troopers come in, the locals stand down at the orders of their respective superiors...who are also subject to the Guv's orders.
That's been my concern for several days. I think (sadly) that you are right.
Since Jeb is asking the court before sending in DCF, Greer has to rule on this first, but he can only rule on whether the law gives the state the authority to do this. If he blows this decision again, Bush will appeal it. Apparently he intends to exhaust every avenue he can under the law. If Greer and a higher court rule that the DCF doesn't have the power, when it clearly does, we can say conclusively that the Judiciary has taken over power and doesn't pay attention to any laws it doesn't like.
He is the chief executive, no need for the national guard, the police have to obey HIS orders period
What exactly is the practical downside of executive intervention in this case? I really don't see one.
....can't Gov. Bush call out the Florida National Guard? Are the FNG a state agency?
Perhaps if 80,000 people showed up for peaceful acts of civil disobedience Jeb would be forced to declare a state of emergency and spirit Terri out of there for her own safety.
Ain't that the truth...
so did nicole simpson and laci peterson and perhaps many more women.
I think that the move will come after the state's official close of business today, if it comes at all.
My reasoning is as follows. State law permits emergency action by DCF, but then requires DCF to seek judicial review within 24 hours. However, if the weekend intervenes, then DCF doesn't have to seek judicial review until the following Monday.
If DCF intervenes before close of business today, DCF must seek judicial review before the close of business tomorrow (unless tomorrow, Good Friday, is a holiday for state workers). If DCF intervenes well after close of business (say, 9 pm or so), then DCF can tell the murdering filth greer to shove it up the lower side of its alimentary canal until Monday morning.
Just my theory.
sitetest
I don't see the downside either especially after it has been exhausted in the courts already.
Nomination for Quote of the Day!
Jeb should first switch parties to the constitution party in order to not do damage to the republicans. Then do what he must do. We will all be for him and his selfless actions.
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