[Mb-civic] The Terri Schiavo Case

[Rhaerther at aol.com]

>From the St. Petersburg Times.  This case has drawn international  attention. 
 The governor, the Legislature and now the Department of  Children and 
Families have tried several ways to interfere in individual rights  as have various 
religious right to life groups, including Randall Terry, founder  of Operation 
Rescue.  The latest twist is by the DCF, who claim abuse at  the Hospice 
facility she is being cared for, while her parents seek removal of  her husband as 
guardian.  DCF should be ashamed of themselves as the  Hospice of Pinellas 
County is a wonderful organization.  My mother worked  18 years for Hospice of 
Pinellas County as a volunteer coordinator and  my older brother spent the last 
week of his life in the same facility Ms.  Schiavo is in.  Many people feel 
the poor woman should be allowed to die in  peace, however she has become a 
political pawn.
 
The Terri Schiavo Case
Reticent lawmakers keep distance
As a court  order keeping a feeding tube in Terri Schiavo ends, her parents 
ask for time to  investigate abuse claims.
 
By CARRIE JOHNSON,STEVE BOUSQUET and WILLIAM R. LEVESQUE
Published  February 25, 2005
 
It was 15 years ago today that Terri Schiavo collapsed in her St. Petersburg  
home, her heart stopping long enough to cause severe brain damage. 
Today, the attention of a nation is focused on her fate as a Pinellas-Pasco  
judge is expected to decide whether Schiavo's feeding tube should be removed  
immediately or left in place. 
A judicial stay that prevented removal of the feeding will expire at 5 p.m.  
today.Barring a new order from Circuit Judge George Greer, the lawyer for  
Schiavo's husband says he will have the tube removed. 
If that happens, Schiavo is expected to die within two weeks at the Pinellas  
Park hospice where she lives. 
Her parents, Bob and Mary Schindler, want more time to pursue additional  
court fights that might keep their daughter alive. 
Schiavo's parents are pinning many of their hopes on action by state  
lawmakers who, in 2003, passed a law allowing Gov. Jeb Bush to have the tube  
reinserted after she went six days without food and water. 
But now, lawmakers are being far more restrained and appear unlikely to  
intervene. Unlike 2003, even the most conservative legislators say they will  
allow the courts to take the lead. 
"The court has before it much better solutions than we could come up with so  
far," said Sen. Daniel Webster, R-Winter Garden, one of the sponsors of 
"Terri's  Law," which allowed the governor to reverse the removal of the feeding 
tube. 
The law was later declared unconstitutional by the Florida Supreme Court. 
Webster said any action the Legislature takes would have to apply to all  
citizens, not just Schiavo. Also, a new law may not be enforced retroactively,  
which makes it difficult for the Legislature to enact something to help 
Schiavo,  he said. 
During the latest flurry of legal developments, Bush and several lawmakers  
cited court rulings that reversed "Terri's Law," saying they didn't want to act 
 outside the law. 
But while lawmakers remained on the sidelines, the state's Department of  
Children and Families jumped into the middle of the controversy by filing an  
11th-hour motion to investigate reports of abuse and neglect against  Schiavo. 
Tim Bottcher, DCF's deputy director of communications, said he was prohibited 
 by state law from discussing any allegations of abuse. 
The court declined to release DCF's filing, and Greer has not yet set a  
hearing to consider DCF's request for a stay that would allow it to investigate  
the allegations. 
Bush said he was not aware of the motion before the DCF announced it in court 
 Wednesday. 
"They responded to a hotline call. Apparently there had been lots of them  
related to ... Schiavo's case," said Bush, who said he wants the judge to give  
DCF time to investigate. 
"If there is a legitimate abuse case, that should go through," Bush said.  
"There should be an appropriate period of time for them to do their  
investigation. There are allegations about her situation in the facility she's  in and 
there ought to be a way to check that out." 
Several lawmakers met with lawyers throughout the day Thursday to search for  
solutions, but Senate President Tom Lee, R-Brandon, and House Speaker Allan  
Bense, R-Panama City, said it was unlikely the Legislature would be convened 
to  act on the case. 
"I don't want to call a special session," Bense said. "I think we need to  
deal with this issue in a very thoughtful and not a knee-jerk manner, and do it  
properly and correct." 
Rep. Dennis Baxley, R-Ocala, is behind a House bill that would allow feeding  
tubes to be removed from only those with living wills, which Schiavo did not  
have. "We're at a juncture right now where everything is being explored," 
Baxley  said. 
Michael Schiavo has said his wife made statements before her collapse saying  
she would not want to live by artificial means. Her parents dispute that. 
After a 2000 trial, Greer agreed with the husband. 
Bense said it was unlikely the Legislature would make the case a top priority 
 when the annual session opens March 8. 
"We want to be thoughtful," Bense said. "Even my legal friends who are sharp  
tell me I don't know the answers to all these questions, in terms of what's  
constitutional and what's not." 
Times staff writer Graham Brink contributed to this report.[Last modified 
February 25, 2005,  01:02:55]

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