- (CNSNews.com) - The Florida agency responsible for protecting
disabled and elderly individuals released a sealed, 30-count allegation
against Michael Schiavo Friday. The "motion for intervention and stay"
charges that Terri Schindler Schiavo's husband has abused, neglected and
exploited her while seeking the court's permission to end her life.
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- The Florida Department of Children and Families (DCF)
asked Pinellas-Pasco County Circuit Judge George Greer last week to give
it 60 days to investigate the 11-page complaint.
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- The DCF motion, released Friday, argues that the agency
cannot complete the investigation or provide Terri with services required
by law if the 60-day stay is not granted.
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- "The allegations in the abuse reports go to the
heart of whether abuse, neglect and/or exploitation [have] been perpetrated
by [Michael Schiavo]," DCF attorneys wrote, "such that any relief
afforded by this court to [him] prior to the conclusion of such investigation
would be tragically misplaced."
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- The complaint accuses Schiavo of:
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- * Failure to exercise Terri's arms, resulting in "severe
contractures,"
- * Failure to provide appropriate medical therapy,
- * Failure to investigate the rehabilitation value of
newly available technologies,
- * Interference in communication with and visitation by
Terri's family members and friends,
- * Denial of access to independent legal counsel,
- * Failure to file guardianship reports as required by
law,
- * Failure to provide required legal notices to Terri,
and
- * Performing experimental procedures without following
proper medical and legal procedures.
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- The agency concluded that an injunction against Michael
Schiavo removing Terri's feeding tube, "would prevent irreparable
and immediate harm from occurring by allowing these and other allegations
to be investigated."
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- The agency also reminded Judge Greer that "The court's
determination that it has reviewed some or all of these facts does not
relieve DCF from discharging its investigative duties."
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- The motion notes that DCF is bound by Florida law to
investigate the allegations and that the courts have been denied authority
to prohibit such investigations. Additionally, the agency is responsible
for providing protective services to disabled individuals when their loved
ones cannot or will not provide those services.
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- "Plainly stated, due to the investigation and potential
need for examination of the alleged victim, surroundings and circumstances
as required by law," DCF attorneys wrote, "DCF is interested,
directly and immediately, in that part of the guardianship proceeding which
calls for the removal of life support, because such action would deny DCF's
ability to meet its statutory duty."
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- Greer is expected to rule next week on whether he will
allow the agency to intervene in the case and proceed with its investigation.
If he refuses, DCF could seek a protective order from a higher court giving
the agency access to Terri and forbidding anyone from removing her feeding
tube.
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- George Felos, attorney for Schiavo and a recognized "right-to-die"
advocate and author, has previously denied that his client was mistreating
Terri in any way. He accused DCF's actions of being politically motivated.
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