031105 Fla. Agency Can't Delay Feeding Tube Removal-Judge

By Robert Green

CLEARWATER, Fla. (Reuters) - A Florida judge refused a government agency's request to delay removing a feeding tube that keeps a severely brain-damaged woman alive and characterized the request on Thursday as an attempt to circumvent a court order.

The ruling by Pinellas County Circuit Judge George Greer means that unless an appellate court steps in, Terri Schiavo's feeding tube will be removed on March 18 and she would probably die within two weeks.

The Florida Department of Children and Families had asked Greer to extend that date by 60 days to allow it time to investigate anonymous allegations that Schiavo was being abused and neglected.

Schiavo has received food and water through a tube implanted in her stomach for 15 years, since she suffered a heart attack that cut off oxygen to her brain and left her unable to swallow or communicate.

Her husband and legal guardian, Michael Schiavo, won Greer's permission five years ago to remove the feeding tube and end what some doctors said is a persistent vegetative state. He said his wife would not want to remain alive in her unconscious condition.

Terri Schiavo's parents, Robert and Mary Schindler, say their daughter responds to them and might improve with treatment. They have battled their son-in-law in court and won numerous stays to pursue appeals, but no court has ruled in their favor. Greer said last month he would not issue any further stays.

In his ruling on Thursday, he said the Department of Children and Families could not intervene so late in the process.

"DCF admits that it has received scores of abuse reports in this case, which it has obviously investigated and found to be unfounded," Greer wrote.

He said the agency's request, though ostensibly made to ensure it could fulfill its duty to investigate abuse complaints "appears to be brought for the purpose of circumventing the court's final judgment."

A spokesman for the Department of Children and Families said it was still reviewing the decision and weighing its options.

Earlier this week, Greer rejected the Schindlers' last-ditch efforts to keep their daughter alive, denying their request for new medical tests and their request to feed Terri by mouth once the feeding tube is removed. The Schindlers had said they thought she could be taught to swallow, with additional therapy.