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DCF Considering Taking Schiavo Into Its Custody


Published: Mar 23, 2005

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March 23, 2005: News conference: Gov. Jeb Bush
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TALLAHASSEE - The Department of Children & Families said Wednesday morning it is considering invoking its right under Florida statute to provide protective services to certain ``vulnerable adults'' and applying it to the Terri Schiavo case.

In a brief conversation with reporters, Secretary Lucy Hadi said the department is considering all options, but specifically pointed to a provision that she said would allow the department to take a vulnerable person into its custody without prior judicial approval.

The provision states: ``[if] a person 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.''

The department would first have to file a petition with the court, but could act before the court is able to schedule a hearing.

Asked whether DCF would be hindered by years of litigation that have upheld the right of Michael Schiavo, Terri's husband, to remove her feeding tube, Hadi said: ``We're not required to look at prior judicial proceedings.''

Meanwhile, Bobby Schindler, Terri Schiavo's brother, lobbied state senators to seek their support for a bill that they hope would lead to the reinsertion of Terri's feeding tube. Reporter Garrett Therolf can be reached at (850) 222-8382. g



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