Posted on 04/19/2004 2:05:56 PM PDT by floriduh voter
Persistent and Loyal Friends of Terri and of the U.S. Constitution,
I'm home from today's hearing which was held at the Criminal Courthouse Complex on 49th Street, Clearwater before Judge W. Douglas Baird.
Once I collect my thoughts from today's hearing which just adjourned about a half an hour ago, I'll post them here. Initially, I wasn't going to do any reporting re: the hearing but it was enlightening.
I learned today in the hallway that Terri's parents, siblings and other relatives are still unable to see her some three weeks later due to the criminal investigation of what may have been mosquito bites. But, that's a different legal matter.
Days since Terri's husband has allowed her to see her
Days confined to a single Hospice room - 1,479
Early Thursday, Florida Senate President Jim King apologized to the Senate because a pastor opened the session and closed his prayer in the name of Jesus!
This is just the latest example of our First Amendment right to publicly and freely acknowledge God being trampled under foot.
So, the Center, is asking every member of our Florida team to take immediate action with us in two important ways:
+ + Call your Florida Senate President Jim King!
It's time the believers of this great state take a stand for religious freedom. Please take a moment to express your disappointment to Mr. King by calling his office today. Remind him that our Constitution gives us the right to freedom of expression:
You can reach him at this number:
(850) 487-5229 In addition to calling, you can also e-mail him at: king.james.web@flsenate.gov
+ + Action Item #2--Alert your friends
After voicing your concerns, we ask that you alert your friends, family members, and church leaders--urging them to call as well.
Attacks on our religious rights will only escalate unless the God-fearing believers of this nation take a stand.
Thank you for taking that stand with us today.
God bless you!
CENTER FOR RECLAIMING AMERICA
FV SAYS: "No wonder Governor Bush didn't stick around when they closed out this last legislative session. He must really be DISGUSTED WITH SENATE PRESIDENT JIM KING. I know Johnnie Byrd and I am as a Floridian. JIM KING, HOSPICE HALL OF FAMER, friend of George Felos and our foul judges. P.S. Help us send a message to the Florida Senate President that the believers of this great state are not about to let someone apologize for their God or tramp on their right to freely express their religious beliefs. The First Amendment guarantees Americans a right to freedom OF religion, not freedom FROM religion!
WE DEMAND A PUBLIC STATEMENT FROM THE CLEARWATER
POLICE DEPARTMENT EXONERATING TERRI'S PARENTS FROM
ALL FALSE ACCUSATIONS.. TERRI HAD PETECHIA ON HER ARM. NO ANNUAL
CARE PLAN EXISTS OR HAS BEEN APPROVED FOR YEARS. MICHAEL NO LONGER
HAS RIGHT OF GUARDIANSHIP. HE NEEDS TO BE OFFICIALLY REMOVED
AS GUARDIAN! TERRI IS BASICALLY BEING HELD HOSTAGE BY MICHAEL
SCHIAVO/HIS ATTORNEYS. HOSPICE OF FLORIDA SUNCOAST IS AIDING
AND ABETTING VIOLATION OF MULTIPLE FEDERAL AND STATE LAWS.
PLEASE ACT.
This is Terri's 33rd day of forced isolation from her parents, siblings,
priest, those who love her and her 1482nd day confined to just a single
small room by Hospice of the Florida Suncoast (give or take a few days
of having to be in the hospital from neglect and almost being
dehydrated/starved to death). Terri is denied any extensive/comprehensive
range of motion therapy or any kind of therapies that could make her better.
Terri is not terminal yet Michael Schiavo is trying hard to make it so. The
evidence cannot be denied. The question is WHAT ARE YOU AND YOUR
FEDERAL AND STATE GOVERNMENT OFFICIALS DOING ABOUT
BRINGING THE PERPETRATORS TO JUSTICE?
THE Assault on Terri Schiavo Continues
The Weekly Standard (subscription) - Washington,DC,USA by Wesley J. Smith.
WHAT LITTLE Terri Schiavo has left in this life, is being cruelly stripped
away. Not only has a judge ordered ...
<http://www.weeklystandard.com/Check.asp?idArticle=4027&r=bcfsv>
To Tell The Truth
The Whole Truth
Nothing but the Truth
So Help You God!
By:
Cheryl Ford RN
Fight4Terri@aol.com
On March 26th, a complaint was filed with the AHCA with regard to
1- (2 ) of Terri's teeth missing, possibly broken at the gumline.
2- her unkempt appearance,
3- a bed sore on her buttock
4- concerns with regard to her not receiving therapy or social activity of
any kind.
On April 6th, a response was received from the AHCA (Agency For Health Care
Administration) stating that on 4/1 ..they visited the facility where Terri
resides and that the "allegations made were not substanciated therefore, no
violations of state or federal were cited." (see attached pdf)
On April 20th, Deborah Bushnell (Schiavo's attorney) stated that sometime
during the week of April 12th, Terri was taken to an oral surgeon and the
surgeon saw 5 deteriorated teeth and extracted them.
Will the Honest Party Please Stand Up and Tell the Truth?
The AHCA who writes the complaint was not substanciated,
therefore, no further investigation would be completed.
~ Or ~
Deborah Bushnell who stated that 5 teeth of Terri's needed
to be extracted due to deterioration?
On March 29th, Deborah Bushnell & George Felos (Schiavo attorney's) inform
the Schindler's that there were "puncture marks" found on Terri's arm and
they reported their finding to DCF for an investigation to be initiated for
battery. Stating Terri was also receiving medical attention to determine
the extent of her injuries."
Thus, Bushnell further advised the Schindler's that Michael Schiavo removed
all visitation rights from the Schindler's and they could not see their
daughter until further notice. That was 32 Days ago.
On March 30th, the AHCA was again notified. A complaint was filed
regarding the "alleged abuse" that was reported by Felos, stating Terri had
"puncture marks" on her arm.
On April 6th, the AHCA writes "allegations were investigated on April 1st
and were not substanciated, therefore, no violations of state or federal
were cited."
On or about the week of April 12th, a telephone conversation took place with
the Nurse Inspector (D.S.) who conducted the physical examination on Terri.
She stated the red marks she saw on Terri's arms appeared to be red dots.
She was asked if they resembled that of "petechia"?
She replied, "Yes." Click petechia
Will the Honest Party Please Stand Up and Tell The Truth?
The AHCA who writes the complaint was not substancianted,
therefore, no further investigation would be completed.
~Or ~
Deborah Bushnell & George Felos who accused the Schindler's
of the alleged puncture marks, abuse and battery....
thus removing all their visitation rights from their daughter.
(See Attached response from ACHA)
___
PLEASE FOLKS---WE NEED YOUR HELP TODAY!
Please Call
Public Relations Spokes Person:
Wayne Shelor
727 562-4420
Crimes Against Children and Families Unit
Sgt D. Barry 727-562-4391
Det. R Felici 727-562-4353
Det V. Gallon 727--562-4354
We
tax paying citizens
demand to know:
1. What, if anything, is the Clearwater Police Department doing to
investigate alleged injuries inflicted upon Terri Schindler-Schiavo on March
29, 2004?
2. When does the Clearwater Police Department anticipate concluding any such
investigation?
3.We want a formal and public statement answering these two question
immediately.
The reasons for which are:
1. Terri Schindler Schiavo is the one being punished by denial of human
comfort through the restriction of family visits.
2. If it is unknown what has happened to Terri or whom may be responsible,
then Terri's guardian/estranged husband must also be considered a suspect,
yet he is not being denied access to her.
3. Any mistreatment of an disabled person with the intentions of causing
harm is a crime under FS 825.102.
Therefore, Terri has been left in an unsafe circumstances for the duration
of your investigation with and with no one, including her family being able
to advocate for her.
4. Consider that Terri's parents have, for years, advocated her safety, life
and health. Michael Schiavo, on the other hand, has advocated her death. We
citizens find it incomprehensible that Terri's parents are forbidden to see
her but Michael Schiavo may continue to do as he wishes.
5. An off-duty police person from Clearwater Police Department stands guard
over Terri during the time her family visits her. Nurses and nursing
assistants from the facility are in and out of Terri's room during the time
her parents spend with her. Can the same be said of any visits by Michael
Schiavo? If there is any questioning to be done, it should start from within
the department and the citizens want to know what is being done to address
this.
Regardless of your opinion on the Schiavo case, Terri is an innocent human
being who is entitled, by law, to appropriate care and safety. If these
entitlements have been breached, your department, the nursing staff at Park
Place and Michael Schiavo are as suspect as anyone else.
Every day that passes is another day Terri Schindler-Schiavo is denied her
statutory right to human comfort and interaction. You must address these
issues now and you must alert the public to the steps you are taking to
ensure Terri's safety - now and in the future. Anything less is a
dereliction of your sworn duty as peace officers.
Tuck Under Your Hats!
Guardians MUST
744.367. Duty to file annual guardianship report
(1) Unless the court requires filing on a calendar-year basis, each
guardian of the person shall file with the court an annual guardianship plan
within 90 days after the last day of the anniversary month the letters of
guardianship were signed, and the plan must cover the coming fiscal year,
ending on the last day in such anniversary month. If the court requires
calendar-year filing, the guardianship plan must be filed within 90 days
after the end of the calendar year.
(2) Unless the court requires or authorizes filing on a fiscal-year basis,
each guardian of the property shall file with the court an annual accounting
on or before April 1 of each year. The annual accounting must cover the
preceding calendar year. If the court authorizes or directs filing on a
fiscal-year basis, the annual accounting must be filed on or before the
first day of the fourth month after the end of the fiscal year.
(3) The annual guardianship report of a guardian of the property must
consist of an annual accounting, and the annual report of a guardian of the
person of an incapacitated person must consist of an annual guardianship
plan. The annual report shall be served on the ward, unless the ward is a
minor under the age of 14 years or is totally incapacitated, and on the
attorney for the ward, if any. The guardian shall provide a copy to any
other person as the court may direct.
(4) Unless the ward is a minor or has been determined to be totally
incapacitated, the guardian shall review a copy of the annual report with
the ward, to the extent possible. Within 30 days after the annual report
has been filed, any interested person, including the ward, may file written
objections to any element of the report, specifying the nature of the
objection.
(5) If the guardian fails to timely file the annual guardianship report, the
judge may impose sanctions which may include contempt, removal of the
guardian, or other sanctions provided by law in s. 744.3685.
(6) Notwithstanding any other requirement of this section or unless
otherwise directed by the court, the guardian of the property may file the
first annual accounting on either a fiscal-year or calendar-year basis.
Unless the court directs otherwise, the guardian shall notify the court as
to the guardian's filing intention within 30 days from the date the guardian
was issued the letter of guardianship. All subsequent annual accountings
must be filed on the same accounting period as the first annual accounting
unless the court authorizes or directs otherwise. The first accounting
period must end within 1 year after the end of the month in which the
letters of guardianship were issued to the guardian of the property.
744.3675. Annual guardianship plan
Each guardian of the person must file with the court an annual guardianship
plan which updates information about the condition of the ward. The annual
plan must specify the current needs of the ward and how those needs are
proposed to be met in the coming year.
(1) Each plan must, if applicable, include:
(a) Information concerning the residence of the ward, including:
1. The ward's address at the time of filing the plan;
2. The name and address of each place where the ward was maintained during
the preceding year;
3. The length of stay of the ward at each place;
4. A statement of whether the current residential setting is best suited for
the current needs of the ward; and
5. Plans for ensuring during the coming year that the ward is in the best
residential setting to meet his or her needs.
(b) Information concerning the medical condition and needs of the ward,
including:
1. A resume of any professional medical treatment given to the ward during
the preceding year;
2. The report of a physician who examined the ward no more than 90 days
before the beginning of the applicable reporting period. Such report must
contain an evaluation of the ward's condition and a statement of the current
level of capacity of the ward; and
3. The plan for provision of medical, mental health, and rehabilitative
services in the coming year.
(c) Information concerning the social condition of the ward, including:
1. The social and personal services currently utilized by the ward;
2. The social skills of the ward, including a statement of how well the ward
maintains interpersonal relationships with others;
3. A description of the ward's activities at communication and visitation;
and
4. The social needs of the ward.
(2) Each plan must address the issue of restoration of rights to the ward
and include:
(a) A summary of activities during the preceding year which were designed to
increase the capacity of the ward;
(b) A statement of whether the ward can have any rights restored; and
(c) A statement of whether restoration of any rights will be sought.
(3) The court, in its discretion, may require reexamination of the ward by a
physician at any time.
744.3685. Order requiring guardianship report; contempt
When a guardian fails to file the guardianship report, the court shall order
the guardian to file the report within 15 days after the service of the
order upon her or him or show cause why she or he should not be compelled to
do so. A copy of the order shall be served on the guardian or on the
guardian's resident agent. If the guardian fails to file her or his report
within the time specified by the order without good cause, the court may
cite the guardian for contempt of court and may fine her or him. The fine
may not be paid out of the ward's property.
744.369. Judicial review of guardianship reports
(1) The court shall review the initial guardianship report within 60 days
after the filing of the clerk's report of findings to the court. The court
shall review the annual guardianship report within 30 days after the filing
of the clerk's report of findings to the court.
(2) The court may appoint general or special masters to assist the court in
its review function. The court may require the general or special master to
conduct random field audits.
(3) If an initial or annual report is not timely filed, the court shall
order the guardian to file the report or to show cause why the report has
not been filed within the prescribed time. Service of the order and
subsequent proceedings shall be governed by s. 744.3685.
(4) The court must review the initial and annual guardianship report to
determine that the report:
(a) Meets the needs of the ward;
(b) Authorizes the guardian to act only in areas in which an adult ward has
been declared incapacitated; and
(c) Conforms to all other requirements of the law.
(5) Upon examining the initial or annual guardianship report, the court
shall enter an order approving or disapproving the report. If the court
disapproves the report, the court shall order the guardian to provide a
revised report or proof of any item in the report to the court. The
guardian shall do so within a reasonable amount of time set by court.
(6) If the guardian fails to comply with the court order entered pursuant to
subsection (5), the court shall take immediate action to compel compliance
or to sanction the guardian after a hearing with appropriate notice to the
ward, the ward's counsel, if any, the guardian, and the ward's next of kin.
(7) If an objection has been filed to a report, the court shall set the
matter for hearing and shall conduct the hearing within 30 days after the
filing of the objection. After the hearing, the court shall enter a written
order either approving, or ordering modifications to, the report. If an
objection is found to be without merit, the court may assess costs and
attorney's fees against the person who made the objection.
(8) The approved report constitutes the authority for the guardian to act in
the forthcoming year. The powers of the guardian are limited by the terms
of the report. The annual report may not grant additional authority to the
guardian without a hearing, as provided for in s. 744.331, to determine that
the ward is incapacitated to act in that matter.
744.371. Relief to be granted
If it appears from the annual guardianship report that:
(1) The condition of the ward requires further examination;
(2) Any change in the proposed care, maintenance, or treatment is needed;
(3) The ward is qualified for restoration of some or all rights;
(4) The condition or maintenance of the ward requires the performance or
doing of any other thing for the best interest of the ward which is not
indicated in the plan; or
(5) There is any other matter necessary to protect the interests of the
ward,
the court shall, after a hearing with appropriate notice, amend the plan or
enter any other order necessary to protect the ward.
744.474. Reasons for removal of guardian
A guardian may be removed for any of the following reasons, and the removal
shall be in addition to any other penalties prescribed by law:
(11) Development of a conflict of interest between the ward and the
guardian.
(13) A material failure to comply with the guardianship report by the
guardian.
(14) A failure to comply with the rules for timely filing the initial and
annual guardianship reports.
(15) A failure to fulfill the guardianship education requirements.
............................
(1) A person who has been determined to be incapacitated retains the right:
(a) To have an annual review of the guardianship report and plan.
(b) To have continuing review of the need for restriction of his or her
rights.
(c) To be restored to capacity at the earliest possible time.
(d) To be treated humanely, with dignity and respect, and to be protected
against abuse, neglect, and exploitation.
(e) To have a qualified guardian.
(f) To remain as independent as possible, including having his or her
preference as to place and standard of living honored, either as he or she
expressed or demonstrated his or her preference prior to the determination
of his or her incapacity or as he or she currently expresses his or her
preference, insofar as such request is reasonable.
(g) To be properly educated.
(h) To receive prudent financial management for his or her property and to
be informed how his or her property is being managed, if he or she has lost
the right to manage property.
(i) To receive necessary services and rehabilitation.
(j) To be free from discrimination because of his or her incapacity.
(k) To have access to the courts.
(l) To counsel.
(m) To receive visitors and communicate with others.
(n) To notice of all proceedings related to determination of capacity and
guardianship, unless the court finds the incapacitated person lacks the
ability to comprehend the notice.
(o) To privacy.
(2) Rights that may be removed from a person by an order determining
incapacity include the right:
(a) To marry.
(b) To vote.
(c) To personally apply for government benefits.
(d) To have a driver's license.
(e) To travel.
(f) To seek or retain employment.
(3) Rights that may be removed from a person by an order determining
incapacity and which may be delegated to the guardian include the right:
(a) To contract.
(b) To sue and defend lawsuits.
(c) To apply for government benefits.
(d) To manage property or to make any gift or disposition of property.
(e) To determine his or her residence.
(f) To consent to medical and mental health treatment.
(g) To make decisions about his or her social environment or other social
aspects of his or her life.
(4) Without first obtaining specific authority from the court, as described
in s. 744.3725, a guardian may not:
(a) Commit the ward to a facility, institution, or licensed service
provider without formal placement proceeding, pursuant to chapter 393,
chapter 394, or chapter 397.
(b) Consent on behalf of the ward to the performance on the ward of any
experimental biomedical or behavioral procedure or to the participation by
the ward in any biomedical or behavioral experiment. The court may permit
such performance or participation only if:
1. It is of direct benefit to, and is intended to preserve the life of or
prevent serious impairment to the mental or physical health of the ward; or
2. It is intended to assist the ward to develop or regain his or her
abilities.
(c) Initiate a petition for dissolution of marriage for the ward.
(d) Consent on behalf of the ward to termination of the ward's parental
rights.
(e) Consent on behalf of the ward to the performance of a sterilization or
abortion procedure on the ward.
What did you find out?
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