Uitspraak Nº C/09/596207 / FA RK 20-4599. Rechtbank Den Haag, 2020-07-29
Court | Rechtbank Den Haag (Neederland) |
Docket Number | C/09/596207 / FA RK 20-4599 |
ECLI | ECLI:NL:RBDHA:2020:7429 |
Team Jeugd- en Zorgrecht
Zaak-/rekestnummer: C/09/596207 / FA RK 20-4599
Datum beschikking: 29 juli 2020
Beschikking naar aanleiding van het op 13 juli 2020 door het Centrum Indicatiestelling Zorg (CIZ) ingediende verzoek tot het verlenen van een machtiging voor de duur van zes maanden als bedoeld in artikel 24 van de Wet zorg en dwang (Wzd), ten aanzien van:
hierna te noemen: cliënt,
geboren op [geboortedag] 1944 te [geboorteplaats] ,
wonende te [woonplaats]
advocaat: mr. J.I. Echteld te Gouda.
Het procesverloop blijkt uit het verzoekschrift, ingekomen ter griffie op 13 juli 2020.
Bij het verzoekschrift zijn de volgende bijlagen gevoegd:
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een op 29 mei 2020 ondertekende verklaring (consultbrief) van een [specialist ouderengeneeskunde]
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een aanvraag voor een rechterlijke machtiging aan het CIZ van 19 juni 2020;
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een zorgplan van 18 juni 2020;
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een kopie van een specialistenbrief d.d. 5 juni 2019;
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een bericht aan de huisarts over de voortgang van de behandeling d.d. 19 juni 2020.
De mondelinge behandeling van het verzoek heeft plaatsgevonden op 29 juli 2020.
Bij die gelegenheid zijn op grond van artikel 2 Tijdelijke wet COVID-19 Justitie en Veiligheid de navolgende personen gelijktijdig telefonisch gehoord door de rechtbank omdat het houden van een fysieke zitting vanwege de geldende veiligheidsmaatregelen met betrekking tot het coronavirus niet mogelijk was:
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de [zorgverantwoordelijken] , in aanwezigheid van cliënt.
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de advocaat van cliënt.
De zorgverantwoordelijken hebben verklaard dat cliënt onvoldoende in staat is om goed voor zichzelf te zorgen en dat zij de hulp die haar geboden wordt consequent afwijst. Daardoor is er geen zicht op de dagelijkse verzorging, bijvoorbeeld of zij goed en genoeg eet, en op de inname van medicatie (insuline). Er zijn aanwijzingen dat zij de medicatie onjuist gebruikt, naar aanleiding van de bloedresultaten die mevrouw [zorgverantwoordelijke] wekelijks afneemt (meer hulp laat cliënt niet toe). Als gevolg daarvan dreigen ernstige complicaties. Cliënt staat niet open voor thuiszorg of een andere vorm van ondersteuning en laat ook haar familieleden niet toe. Met passende ondersteuning zou zij thuis kunnen wonen, maar omdat zij dit consequent blijft weigeren is de opname in het...
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