this is the explanation I was looking for of the rationale for the denial of DCF intervention. Apparently the law governing the agency does not require intervention if there is a guardian. What is overlooked to my mind is the case where it's the guardian who is accused of abuse and the judge who is accused of allowing it. So essentially the ruling is that the law says she cannot be removed from the custody of her guardian, who is alleged to be abusing her, because she has a guardian. Doh. Imho there is a need here for improved legislation.
As for your comments, this is NOT the DCF spokesperson's testimony, which the judge does not appear to have taken very seriously. But these are not paperwork violations. Failing to repair the wheelchair, which you conveniently did not mention, meant that she had to stay in bed all of the time, increasing a risk of bedsores and other unnecessary complications. A bit slow in filing bureaucratic paperwork! he was years and years behind in filing the reports summarizing how what he was doing what is her best interests. Years. The judge was allowing this because she was scheduled to die anyway. The failure to provide legal representation was not a matter of paying legal bills. It's the decision that directly led, in my opinion, to this decision that she'd be better off dead. The failure to provide therapy directly affected the quality of every day of her life. If she had recovered the ability to open her hands, she would not have needed pads in her hands to be changed etc, just for an example. But hey they had already decided that she wasn't going to get better and she'd be dying soon anyway. Thus it was ok in their view to put her in a hospice facility designed for the dying even though she was not in any way shape or form terminal and the hospice was not equipped to provide medical care. There are other allegations I have seen mentioned, such as refusing to allow the blinds in her room to be opened ever, which are not addressed here. I am not sure if that is because they were found to be trivial or found to be unfounded. Whether she was abused in the hospice is a separate issue from whether the marriage was originally abusive. As for your dismissive comments on the checklist... Gruss asked for the bullets and I gave him the bullets. It's written for a general audience of possibly abused spouses. There's plenty of studies out there, and I have posted some of them. Frankly this conversation reminds me of the adage about none being so blind as those who will not see. Dana On 4/14/05, Larry C. Lyons <[EMAIL PROTECTED]> wrote: > Those instances of abuse are according to the court decision include > (this is from page 3 of > http://abstractappeal.com/schiavo/trialctorder031005.pdf) > > failure to provide independent legal counsel, > failur to provide timely guardian plans, > failure to provide therapy in the hospice setting. > paying for legal fees. > The nastiest thing they could come up with is failure to move her arms > once in a while. > > The DCF petition also discusses other allegations that have been made > but were unfounded and the case involving these allegations was > closed. > > Some abuse. Failure to move her arms. Paying legal bills. Being a bit > slow in filing bureaucratic paperwork. You got it Terri Shiavo was > really abused here. Another big case of the Burning Bed. The horrors > of paying a legal bill. That just resonates throughout history along > side the torture and massacre of thousands. We'll be though of as > complete barbarians because Michael Shiavo didn't move her wrists 3 > times a day. Hey I bet you could also accuse him of not killing > himself in remorse as other evidence of abuse. After all he fits the > profile. What the heck those magazine quizzes are certainly accurate, > almost as good as a Crackerjack secret decoder ring. > > It seems to me that the DFA and the Schindlers were really > stretching it with this set of accusations. If this is the rock solid > evidence of abuse you keep talking about, then you've lost all > credibility in this matter. > > On 4/14/05, Dana <[EMAIL PROTECTED]> wrote: > > Matthew > > > > http://abstractappeal.com/schiavo/DCFpetition.pdf for the document > > filed in court > > > > The main page, http://abstractappeal.com/schiavo/infopage.html is an > > excellent summary of the legal proceedings. The author mostly confines > > himself to the legal issues in the case, though I seem to recall > > reading comments from him that said he was mildly of the opinion that > > dying was in her best interest. But there is a lot of consensus out > > there that this si an authoritative site as to testimony and > > timelines. > > > > The document refers to 30 specific and detailed allegations that they > > wanted to investigate, as well as to a number of others that were > > closed as unfounded. The 89 number may well have come from testimony > > and referred to number of calls or... who knows. > > > > Hope that helps > > Dana > > > > On 4/14/05, Matthew Small <[EMAIL PROTECTED]> wrote: > > > Hey Sam - That article was written by the editor of LifeNews.com - and I'm > > > just not sure that it's an unbiased, reputable news organization. Are > > > there > > > any other sources? > > > > > > - Matt Small > > > > > > > > > -----Original Message----- > > > From: Sam [mailto:[EMAIL PROTECTED] > > > Sent: Thursday, April 14, 2005 2:47 PM > > > To: CF-Community > > > Subject: Re: Gruss - Schiavo question > > > > > > Let me remind you what I said: > > > "The Department of Children and Families had received 89 allegations of > > > abuse and neglect in the years leading up to Terri's starvation death." > > > > > > I would list the abuses but Judge Greer has ordered them kept secret. > > > I don't know where the original press release is but here's a copy I > > > found from google. :) > > > http://fuckfrance.com/read.html?postid=1169832&replies=31&page=1 > > > > > > A local judge refused to open the records of a Florida agency that is > > > looking into allegations of abuse and neglect against Terri Schiavo by > > > her estranged husband Michael. Florida media outlets had wanted copies > > > of previous investigations in the case. > > > ...... > > > > > > On 4/14/05, Larry C. Lyons wrote: > > > > You claimed 78 instances of abuse. Well where are they from? Provide a > > > > citation or do we just assume that you're pulling them out of your > > > > imagination. > > > > > > > > > > > > > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Purchase Captivate from House of Fusion, a Macromedia Authorized Affiliate and support the CF community. http://www.houseoffusion.com/banners/view.cfm?bannerid=52 Message: http://www.houseoffusion.com/lists.cfm/link=i:5:154214 Archives: http://www.houseoffusion.com/cf_lists/threads.cfm/5 Subscription: http://www.houseoffusion.com/lists.cfm/link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5 Donations & Support: http://www.houseoffusion.com/tiny.cfm/54
