State could rescue Terri despite judge's denial

Florida Department of Children and Families says law permits action without judicial OK

The Florida judge who has consistently ruled against efforts to keep Terri Schiavo alive has said no to an effort by the state's Department of Children and Families to rescue the brain-injured woman by physically removing her, but a department spokeswoman says the state agency still could take action without judicial approval.

Pinellas Circuit Court Judge George Greer said the state cannot take Schiavo into custody, nor provide her food or water.

Florida's DCF indicated it might remove the brain-injured woman, by force if necessary, from the hospice where she has lived the past five years.

Department secretary Lucy Hadi told the Palm Beach Post her staff is relying on a state law giving authority to intervene on behalf of a vulnerable adult "suffering from abuse or neglect that presents a risk of death or serious physical injury."

At a news conference this afternoon, Gov. Jeb Bush confirmed the DCF, under his authority, was considering the move.

Bush said new information has come to light warranting intervention, including a review of Terri Schiavo's condition by neurologist Dr. William Cheshire, who claims she may have been misdiagnosed. Cheshire believes Schiavo to be in a "minimally conscious state," not a "persistent vegetative state" as courts have determined.

"It is imperative that she be stablized so the DCF team can fulfill their statute to review the facts surrounding the case," Bush said.

Hadi said DCF must file a petition to remove Terri Schiavo from the Pinellas Park, Fla., hospice but could take action without judicial approval if the department believes it's warranted.

The law says emergency medical treatment can be given to the vulnerable adult as long as "such treatment does not violate a known health care advance directive prepared by the vulnerable adult."
Terri Schiavo did not have a written directive, but courts have backed her husband's claims that she made her wishes known orally in informal conversations.

The court history would not prevent DCF from taking action, however, according to Hadi.

"We're not compelled to look at prior judicial proceedings," Hadi told the Post. "What we're compelled to look at is the presenting circumstance and any allegation of abuse and neglect that we've received. So we have to deal with those and fulfill our statutory responsibility, notwithstanding anything else that may have gone on before."

She insisted the court decisions upholding Michael Schiavo are questionable.

"There's nothing about this case that has been clear-cut, except our concern," Hadi said. "We're doing everything we can to be of assistance."