Straight Up with Sherri

Wednesday, March 23, 2005

I'm Going OUT ON A LIMB! FOX News IS WRONG!

Right now Shephard Smith is reporting that according to Governor Bush's Press Conference that the Governor is waiting for the Florida Senate to pass legislation before he is authorized to send DCF in and take custody of Terri.

I am going out on a limb here...

I UNDERSTOOD THE WOMAN SPEAKING TO THE QUESTION OF AUTHORITY OF DCF TAKING TERRI INTO CUSTODY TO SAY THAT AS IT STANDS NOW, THEY HAVE AUTHORITY. GOVERNOR BUSH STATED IT IS HIS DECISION!!!

SEE FOR YOURSELF!

Florida Statutes, Article 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.

GO HERE

Chapter 415

server seems to be down... must be overloaded....

Imagine that!!!

UPDATE:

GOT IT!

2004->Ch0415->Section%201051#0415.1051">415.1051 Protective services interventions when capacity to consent is lacking; nonemergencies; emergencies; orders; limitations.

UPDATE II:

Watch the Press Conference for YOURSELF!

Click on "Governor sides with DCF" under Video Headlines.

29 Comments:

  • Shep is accurately reporting what Bush has said (which isn't the same as what your interpretatino is).

    Try to remember that in the eyes of the law, Michael is the only one who can now consent for Terri. So that last line in the statute becomes crucial: If the vulnerable adult has the capacity to consent and refuses consent to emergency protective services, emergency protective services may not be provided.

    The consent is there and it comes from Michael. It's subtle. Terri does have the power to consent -- through Michael.

    Clearly that's how Bush is interpreting it too (or should I say, his lawyers). That's why everything still hinges on legislative action.

    By Anonymous Anonymous, at 3:53 PM  

  • You may be right....

    I thought SHE said (didn't catch the name), that under this statute they do have authority...

    I am getting so confused...

    You really may be right....

    that would explain why he has not acted yet...

    By Blogger Straight Up with Sherri, at 3:58 PM  

  • I think the allegations of abuse (and worse) against Michael Schiavo are beyond outrageous. I hope he sues everyone who's made such allegations for libel. (Slithery Snake DeLay can hide behind congress, others, cannot).

    By Anonymous Anonymous, at 3:59 PM  

  • Anon: I think the politicians were very careful to not be slanderous (as heated as their remarks were, they still conditioned everything with words like "allegations" etc).

    As far as the more extreme things spoken by the everyday layperson...you can't sue for things like that. (Thanks goodness for that!)

    By Anonymous Anonymous, at 4:02 PM  

  • Just heard Bush state that Terri might very well not be in a PVS - and that DFS needed time to make that determination.

    FWIW.

    By Anonymous Sarah D., at 4:04 PM  

  • The Nazi Doctors were CHARGED AND CONVICTED OF CRIMES AGAINST HUMANITY for following LAWS that told them to STARVE THE DISABLED TO DEATH.

    By Anonymous Anonymous, at 4:05 PM  

  • Hannity just replayed the governor's aide confirming the DCF has the authority to take Terri, in the right circumstances...

    ----

    I can't think of a more ripe circumstance.

    By Anonymous Anonymous, at 4:06 PM  

  • What are they waiting on! Go and get her so she can LIVE!

    By Blogger francn, at 4:08 PM  

  • anonymous is right up to a point. The statute says consent has to be receive UNLESS the protective investigator suspects the guardian has caused the abuse, neglect, ect.

    By Anonymous Dee, at 4:10 PM  

  • I think the allegations of abuse (and worse) against Michael Schiavo are beyond outrageous. I hope he sues everyone who's made such allegations for libel. (Slithery Snake DeLay can hide behind congress, others, cannot).

    EXACTLY.

    And I believe he should start with the author of this webpage as this is LIBEL and SLANDER published in the public domain.

    By Anonymous Anonymous, at 4:10 PM  

  • Just heard Bush state that Terri might very well not be in a PVS - and that DFS needed time to make that determination.

    HOW THE HELL DOES JEB BUSH KNOW? IS HE A DOCTOR??????

    HE HAS NO RIGHT IN THIS MATTER.

    DFS HAS HAD 15 FRIGGIN YEARS TO MAKE THAT DETERMINATION IF IT'S FALSE.

    By Anonymous Anonymous, at 4:12 PM  

  • The change in Jeb's attitude between now and a few years ago is striking. He's much more cautious. Is that what inevitably becomes of most politicians? (rhetorical)

    By Anonymous Anonymous, at 4:13 PM  

  • HOW THE HELL DOES JEB BUSH KNOW? IS HE A DOCTOR??????

    Well, I would expect Rove told him. How else?

    By Anonymous Sarah D., at 4:15 PM  

  • Copying an email:

    - DR WILLIAM CHESTSHIRE (SP) WORLD RENOWN NEUROLOGIST FROM MAYO CLINIC HAS COME FORWARD TO SAY THERE IS REASON TO BELIEVE THAT TERRI IS NOT IN A PERSISTENT VEGETATIVE STATE.

    -THERE IS A MOTION RIGHT NOW IN FRONT OF JUDGE GREER ENCOURAGING HIM TO ALLOW THE DCF TO CONDUCT THEIR INVESTIGATION.

    - GOVERNOR WAS ASKED BY REPORTER DURING THE CONFERENCE IF HE WOULD PLACE TERRI INTO PROTECTIVE CUSTODY ACCORDING TO 415.1051. GOVERNOR REPLIED: THAT WILL BE HIS DECISION.

    - IF THE STATE PASSES THE CURRENT BILL THAT HAS BEEN IN TALLAHASSEE FOR THE LAST FEW WEEKS 701 ND 804, BY 2/3RDS VOTE, MEANING 21 SENATORS WILL HAVE TO SIGN THE BILL, THE GOVERNOR STATES HE WILL SIGN THE BILL BY THE END OF THE DAY.
    THE GOVERNOR HAS ASKED THAT THE SENATORS PLEASE GIVE CAREFUL CONSIDERATION WHEN REVIEWING THE BILL TODAY.

    -GOVERNOR BUSH SENDS MESSAGE TO ALL OF TERRI'S SUPPORTERS: YOUR PRAYERS AND PETITIONS ARE WORKING. THERE IS NO NEED FOR THREATS, PLEASE REMAIN PEACEFUL EVEN THOUGH HE RECOGNIZES SUPPORTERS ARE DISTRESSED.

    By Anonymous Sarah D., at 4:19 PM  

  • Well, some good has come out of this. God is using this to help the conservative movement. Tom Delay explains to the Family Research Council:

    "One thing that God has brought to us is Terri Schiavo, to help elevate the visibility of what is going on in America," DeLay told the crowd.

    "This is exactly the issue that is going on in America, of attacks against the conservative movement, against me and against many others," DeLay said. He
    complained that "the other side" was leading the attack, with a goal "to defeat the conservative movement."

    The 'attacks' he refers to are the ethics investigations, including the $70,000 junket he went on paid for an Indian gambling tribe (just before he passed legislation in their favor).

    Could anything be lower than linking Terri Schaivo to his ethics investigation?

    Slithery Snake is right.

    By Anonymous Anonymous, at 4:23 PM  

  • Right on; Sarah! Everybody knows that Rove is omnicient :) He just told me so.

    Bad Troll!!!!! No Donut!!

    By Anonymous texanista, at 4:24 PM  

  • "Sekulow just said the DCF has the authority."

    Sekulow knows his stuff. I hope DCF acts quickly.


    BTW

    SARAH D- ROVE? LOL!

    YOU ARE HILARIOUS!! I love how the mere mention of his name drives people NUTZ! LOL!!

    You are sooo good!

    By Anonymous Anonymous, at 4:31 PM  

  • According to this, should DCF act on the custody thing, they need only file a petition with the court (Greer) and they don't have to wait for a response. They can go in and take custody after filing.

    My question is: say Greer responds to the petition an hour later and rules DCF's actions illegal. Now Terri gets yanked back right away, feeding tube removed again.

    What a horrible mess this has become.

    By Anonymous Anonymous, at 4:31 PM  

  • easy on the language folks...

    If you disagree with me- fine.. but if we cuss, I delete--
    I want to hear your voice-- so please keep it clean...

    if you somment is deleted you don't have the chance to be heard..

    thanks!

    By Blogger Straight Up with Sherri, at 4:32 PM  

  • I LOVE Karl Rove!

    By Anonymous Marine Momma, at 4:42 PM  

  • blogeforterri listed names and phone numbers to call in the Flor. senate. Jim King will not answer nor will an answering machine pick up...wimp.

    By Anonymous Marine Momma, at 4:53 PM  

  • looks like the Florida legislature failed to pass a bill for Terri.Also heard that despite Jebs latest attempt, it won't be possible without a bunch of Judicial reviews,. It looks like it is all over for Terri,unless there is a miracle.

    By Anonymous Anonymous, at 4:53 PM  

  • DCF has up to 24 hrs to file the petition after the emergency removal. A hearing has to be held within 4 days (excluding Sat & Sun) to justify continuing the services.

    On another positive note, the "vulnerable person" has the right to be represented by legal counsel at the hearing. Maybe Terri will finally have her own attorney.

    By Anonymous Dee, at 4:59 PM  

  • The 24 hours to file petition have already elapsed, no? Is the right to a hearing contingent on the correct filing of petition?

    By Anonymous Anonymous, at 5:04 PM  

  • According to this, should DCF act on the custody thing, they need only file a petition with the court (Greer) and they don't have to wait for a response. They can go in and take custody after filing.

    My question is: say Greer responds to the petition an hour later and rules DCF's actions illegal. Now Terri gets yanked back right away, feeding tube removed again.

    What a horrible mess this has become.


    yes it has .. why? because thousands of people are putting their noses in where it never belonged in the first place.

    this was a private family matter and the Schindler family pimped themselves out to Congress and the media because they weren't getting what they wanted.

    pray that Congress doesn't interfere in your personal, private life if someone in your family decides they don't like something you are doing ... bla bla bla ....

    this is a travesty ... of colassal proportions.

    the right wing agenda riding on the coat tails of someone's tragedy for political gain.

    pathetic.

    By Anonymous Anonymous, at 5:09 PM  

  • she hasn't been removed yet, so the time on filing the petition hasn't started yet; unless I'm badly mistaken.

    By Anonymous Dee, at 5:11 PM  

  • Anonymous,

    Please explain to all of us why you are so gleefully waiting for this woman to die? Why does that make you so happy?

    By Anonymous Sarah D., at 5:37 PM  

  • Sarah D ...

    where did i once say i wanted her to die? please cut and paste where i've said that. see how you twist and skew facts and reality to suit your own agenda and purpose?

    what i have said .. over and over ... that you fail to hear .. or understand is that this is not YOUR BATTLE to fight! this is not your business. this is not YOUR family. this is not YOUR RIGHT to get involved in something that doesn't concern you.

    you "all" have time and time again made horrific accusations against Michael Schiavo. time and time again you put down everyone who doesn't agree with you. you twist facts to suit you .. you twist the truth to put you in a better light.

    you ignore reality.

    WHY AREN'T YOU FIGHTING FOR ALL THE HOMELESS CHILDREN IN THE UNITED STATES WHO GO TO BED EVERY NIGHT HUNGRY?

    WHY DON'T YOU FIGHT FOR HOMELESS PEOPLE WHO HAVE NO WHERE TO EAT OR SLEEP?

    WHY DON'T YOU FIGHT FOR THE ELDERLY WHO SIT IN A NURSING HOME DAY AFTER DAY WITH NO ONE TO VISIT THEM OR TO CARE ABOUT THEM?

    why don't you try and do something that you can effect .. rather than trying to get involved in something that doesn't concern YOU?

    this always was ... Michael Schiavo's battle. He is married to Terri Schiavo. He is her husband. He is her guardian. He lived with her. He loves her.

    you can degrade him all you want .. you can lie all you want .. but ultimately GOD knows the truth ... and what is happening is God's will. do you not get this?

    if God wasn't ready to take Terri Schiavo .. He would preform a miracle right now .. wasn't it Miami Motor Mouth Momma who said that God raised Lazarus?

    By Anonymous Anonymous, at 6:38 PM  

  • here is a comment i thought i'd share with a Maryland Minister:

    On JollyBlogger (search), maintained by Maryland minister David Wayne, a correspondent who calls himself "Public Theologian" presents a strictly pragmatic view:

    "The overwhelming evidence is that she is not going to get any better. This business about her communicating verbally is bunk — her physicians have testified repeatedly that this is not the case. If she could do this there would be no question in the matter — the courts would simply ask her what she wanted. Her husband has the right, as next of kin, to make her health care decisions for her. Tampering with this right by conservatives will undo centuries of legal precedent by taking that out of the hands of families ..."


    http://www.foxnews.com/story/0,2933,151301,00.html

    why is this so hard to grasp?

    By Anonymous Anonymous, at 6:41 PM  

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