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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:24 PM
Original message
The Law Jebbie Boy will be stretching to take custody
Edited on Wed Mar-23-05 05:25 PM by Walt Starr
Florida Statutes 2004, Section 415.1051

(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.


<snip>

Under this law, Jebbie Boy will have to assert that the Hospice Workers or Michael Shiavo are/is causing the abuse, neglect, or exploitation.

This is a major stretch that goes beyond anything any Chief Executive has ever attempted in this nation. This is a coup against the Judiciary that warps the law in a blatant attempt to pander to political forces.
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LiberalinNC Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:26 PM
Response to Original message
1. Jebbie is relying on a doctor who never physically examined her...
"And Wednesday afternoon, Florida Gov. Jeb Bush said new information suggests Schiavo's condition might have been misdiagnosed. (Full story)

A neurologist who reviewed Schiavo's medical records for the state Department of Children and Families indicated that she is "most likely in a state of minimal consciousness," rather than the persistent vegetative state previous doctors have diagnosed, Bush said.

"This new information raises serious concerns and warrants immediate action," Bush said.

The doctor reviewed Schiavo's medical records, watched videotapes and observed her at the hospice, but was not able to personally examine her, state officials said."

Link: http://www.cnn.com/2005/LAW/03/23/schiavo/index.html
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:28 PM
Response to Reply #1
2. He has nothing. He's like Ann Coulter
Edited on Wed Mar-23-05 05:29 PM by Walt Starr
He's just making shit up to appease the religiously insane!
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MockSwede Donating Member (579 posts) Send PM | Profile | Ignore Wed Mar-23-05 05:33 PM
Response to Reply #2
9. Pagan
I like that - guess I'm a born-okay-the-first-time pagan democrat.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:34 PM
Response to Reply #9
10. I'm most definitely born again
and again and again and again (PAgan doctrine of reincarnation)

:evilgrin:
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Hard Attack Donating Member (264 posts) Send PM | Profile | Ignore Wed Mar-23-05 05:29 PM
Response to Original message
3. Jeb just killed any chance he ever had for President ...
_
Bush's move to make the state of Florida to take custody of Terri Shiavo was a very bad political move, he just blew it.

This will be used against him for the rest of his political career.

Also, the rest of the Cornballs who have taken on this ridiculous crusade will also have this used against them.

Maybe the Press is letting these idiots do a Jihad on themselves by giving this entire situation more attention that it deserves, giving the politicians a false sense of the publics support of their crusade.

What was it, 70% of those surveyed said that the Government has no business getting involved in this case?
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jdj Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:41 PM
Response to Reply #3
16. I hope so, please, please, please.
I WANT him to kidnap her. I hate to be this way, but I want him to swoop in there in a black helicopter.
the right knows there is going to be hell to pay for this if she dies without intervention.

the Schinler's have them by the balls.

LOL. when you lay down with dogs...
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Cooley Hurd Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:32 PM
Response to Original message
4. CNN just reported that the FL DCF filed a petition to have...
...Terri moved from the hospice to a hospital (presumably to be reconnected to a feeding tube), but Judge Greer denied it.
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Walt Starr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:32 PM
Response to Reply #4
7. That sets the stage for the nuclear option!
Watch out folks, this is fixin' to get even uglier!
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Nite Owl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:51 PM
Response to Reply #7
21. That is the whole point of this
it has nothing to do with her, it's the judges that they want to make an issue about. Hopefully this will backfire and the public will see that using the 'nuclear option' will produce judges that will go along with this insanity.
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Renew Deal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:58 PM
Response to Reply #7
24. What? The Florida National Guard?
:nuke:
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fob Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 06:48 PM
Response to Reply #7
27. We're talking about bush*s so shouldn't that be the "nukular option"?
How can one family (bush*s) have so much evil in it?
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LiberalinNC Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 06:25 PM
Response to Reply #4
25. This is getting to be a big waste of tax payers money!
Stop the Insanity!
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ohio_liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:32 PM
Response to Original message
5. I am fucking outraged!!
I truly have no words to express it right now.
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Pirate Smile Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:32 PM
Response to Original message
6. Florida Judge just said No to this whole thing. They can't take her
Edited on Wed Mar-23-05 05:40 PM by Pirate Smile
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Shakespeare Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:33 PM
Response to Original message
8. They have VASTLY overestimated their "base."
My parents, both (old school) republicans, live in NW Florida, which is as solidly republican an area as you'll ever find. They are both beyond outraged over this.

My mom referred to Jeb the other night as "that sleazy piece of trash."

My dad is a regular (shudder) Fox and Hannity viewer, and he calls bullshit on the whole mess.

They both regularly attend church, too--in every outward way, they "fit" the definition of the Bush base, but they are horrified by what the republicans are doing in the name of political gamesmanship.

My sister and I are hardcore liberals, and this may be the final issue that gets my parents to consider changing parties. My dad couldn't say enough nice things about Rep. Wasserman-Schultz the other night--the first time I've ever seen him genuinely excited about a democrat. "That young woman is really going to make an impact on the national political scene," he said.

Keep at it, Bushies. Keep pushing the bogus issue, DeLay. You're doing something I've been unable to do for decades: turn my parents from the republican party.
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Tansy_Gold Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:41 PM
Response to Reply #8
15. I hope you're correct, Shakespeare, and telling the truth
I admit that I take a lot of the anecdotal stuff on DU with a large grain of salt. I want to believe it, but I'm enough of a cynic and have been burned often enough by even the most well-meaning of liars that I don't trust anyone I don't know -- and I almost NEVER trust those I DO know! ;-)


But I just fear that even those who have seen the light over this Schiavo case will be easily brought back into the fold over some other well-orchestrated issue. Maybe it will be another terrattack or a gasoline crisis or bird flu or frog mumps or whatever.

That said, however, I can offer myself and my husband, my parents and my in-laws as six former moderate Republicans who are now firmly on the other side of the aisle, and we're all ready and willing to welcome your folks, too!
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Shakespeare Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:47 PM
Response to Reply #15
18. God's honest truth, Tansy.
My mom's been moving s-l-o-w-l-y away from the GOP for several years now (hence her niceties about Jeb the other night, which forced me to stifle a laugh), but my dad has been a tougher sell. Part of it, I know, is that he just can't bring himself to admit that his party has moved so far away from HIM--I can only imagine how disillusioning that must be.

All I can do is keep chipping away, and keep hoping.

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deadparrot Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:49 PM
Response to Reply #8
20. I keep hearing stories like this...
and I'm very encouraged. It's a shame that it took a case like this for people to wake up.
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Nite Owl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:55 PM
Response to Reply #8
22. That' like sweet music to
hear. Wouldn't it be nice if FL had the recall vote like CA does.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:34 PM
Response to Original message
11. People just have to stop whoring themselves out to protect
their jobs and pensions. This is ridiculous. If Jeb knew that she was "misdiagnosed" why'd he wait until now? The problem is that he probably just ordered DCF and the State's doc to do this when things went South for the Schindlers. What a piece of shit our governor is!
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scarletlib Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:49 PM
Response to Reply #11
19. yes, he uses DCF and any other state agency as his own
personal plaything. He took away civil service protections for supervisors and managers. You have 3 choices if you work for him: do what he says, refuse and get fired, or quit.

I chose option 3 because I knew upfront I was not going to do anything to break state law or ask my front line staff to break the law.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:57 PM
Response to Reply #19
23. I got switched to SES, picked up full health insurance, more
vacation, disability coverage. Vested now and under the radar. I can quit if and when.
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scarletlib Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 06:36 PM
Response to Reply #23
26. well I worked in the very high profile Dept of Children & Families
I worked in Adult Medicaid--nursing home eligibility etc. It is an area where there is a lot of political interference. It was just a matter of time before I would have been asked to break the rules to put some state senator's friend, relative who wasn't eligible in the nursing home with medicaid. I'm in Palm Beach County so there are a lot of people who have money that try to get relatives into nursing homes and keep the money too.
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rzemanfl Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 06:55 PM
Response to Reply #26
28. I used to review those trusts that people paid $5,000.00 for that
were maybe $200.00 worth of poorly done legal work. I always asked if somebody had paid their son $5,000.00 to mow their lawn the day before they applied what would be done and how were these excessive fees any different? You were smart to get out.
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aint_no_life_nowhere Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:35 PM
Response to Original message
12. Why doesn't Bush just declare her an "enemy combatant"?
In that way, he could whisk her out of any judicial proceeding, eliminate all lawyers, and keep her in an undisclosed location.
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:36 PM
Response to Original message
13. They already did this
I could swear I read they tried this a couple weeks ago and were rejected.

How many kids are missing in Florida's foster care system again?
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jdj Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:42 PM
Response to Reply #13
17. Rilya Wilson, still not accounted for....
Edited on Wed Mar-23-05 05:43 PM by jdj
Baby Doe, still not identified...
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-23-05 05:38 PM
Response to Original message
14. This is the same department that lost that little girl for 18 months!!
The Florida DCF and child services has a terrible record!
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