Facility found for Jahi McMath, Calif. teen declared brain dead

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Facility found for Jahi McMath, Calif. teen declared brain dead
Nailah Winkfield, mother of 13-year-old Jahi McMath, cries before a courtroom hearing regarding McMath, Friday, Dec. 20, 2013, in Oakland, Calif. McMath remains on life support at Children's Hospital Oakland nearly a week after doctors declared her brain dead, following a supposedly routine tonsillectomy. (AP Photo/Ben Margot)
Nailah Winkfield, center, mother of 13-year-old Jahi McMath, places her hands to her face before a courtroom hearing regarding McMath, Friday, Dec. 20, 2013, in Oakland, Calif. McMath remains on life support at Children's Hospital Oakland nearly a week after doctors declared her brain dead, following a supposedly routine tonsillectomy. (AP Photo/Ben Margot)
Nailah Winkfield, mother of Jahi McMath, cries before a courtroom hearing regarding McMath, Friday, Dec. 20, 2013, in Oakland, Calif. McMath remains on life support at Children's Hospital Oakland nearly a week after doctors declared her brain dead, following a supposedly routine tonsillectomy. (AP Photo/Ben Margot)
Nailah Winkfield, left, mother of 13-year-old Jahi McMath, enters a courtroom hearing Friday, Dec. 20, 2013, in Oakland, Calif. McMath remains on life support at Children's Hospital Oakland nearly a week after doctors declared her brain dead, following a supposedly routine tonsillectomy. (AP Photo/Ben Margot)
Attorney Christopher Dolan, left, representing the family of Jahi McMath, gestures beside Omari Sealey, Jahi's uncle, during a media conference Monday, Jan. 6, 2014, in San Francisco. Dolan said Monday that a critical care team has delivered Jahi McMath to a new facility, but wouldn't say where it was located. McMath, who had surgery for sleep apnea at Children's Hospital Oakland and then had complications, was declared brain dead on Dec. 12, 2013. McMath left the hospital in a private ambulance shortly before 8 p.m. Sunday. She was moved by a critical care team while attached to a ventilator but without a feeding tube. (AP Photo/Ben Margot)
Martin Winkfield places his arm around his wife Nailah Winkfield, mother of 13-year-old Jahi McMath, as they wait outside a courtroom Friday, Jan. 3, 2014, in Oakland, Calif. A federal magistrate was expected to meet Friday with lawyers to try to resolve a dispute over the care ofJahi McMath, who was declared brain dead after tonsil surgery. (AP Photo/Ben Margot)
Nailah Winkfield, right, mother of 13-year-old Jahi McMath, touches her husband Martin Winkfield as they wait outside a courtroom Friday, Jan. 3, 2014, in Oakland, Calif. A federal magistrate was expected to meet Friday with lawyers to try to resolve a dispute over the care ofJahi McMath, who was declared brain dead after tonsil surgery. (AP Photo/Ben Margot)
The entrance to the Children's Hospital of Oakland is barricaded on Monday, Dec. 30, 2013, in Oakland , Calif. Without another court action, a California hospital on Monday could unhook a 13-year-old girl from a breathing machine after she was declared brain dead. Jahi McMath could be removed from life support at Children's Hospital of Oakland at 5 p.m. PST under a Dec. 24 ruling by an Alameda County Superior Court Judge. The family is awaiting word on whether a facility in New York would accept the girl as a transfer patient. (AP Photo/Marcio Jose Sanchez)
Omari Sealey, at right, shakes hands with well-wishers Frank Somerville, at left, and his daughter Callie, 9, after Sealy made a statement for the media on the condition of his niece Jahi McMath on Monday, Dec. 30, 2013, in Oakland, Calif. Without another court action, a California hospital on Monday could unhook a 13-year-old girl from a breathing machine after she was declared brain dead. Jahi McMath could be removed from life support at Children's Hospital of Oakland at 5 p.m. PST under a Dec. 24 ruling by an Alameda County Superior Court Judge. The family is awaiting word on whether a facility in New York would accept the girl as a transfer patient. (AP Photo/Marcio Jose Sanchez)
Omari Sealey makes a statement for the media on the condition of his niece Jahi McMath on Monday, Dec. 30, 2013, in Oakland, Calif. Without another court action, a California hospital on Monday could unhook a 13-year-old girl from a breathing machine after she was declared brain dead. Jahi McMath could be removed from life support at Children's Hospital of Oakland at 5 p.m. PST under a Dec. 24 ruling by an Alameda County Superior Court Judge. The family is awaiting word on whether a facility in New York would accept the girl as a transfer patient. (AP Photo/Marcio Jose Sanchez)
Children's Hospital of Oakland spokesman Sam Singer gives an update on the condition of Jahi McMath on Monday, Dec. 30, 2013, in Oakland , Calif. Without another court action, a California hospital on Monday could unhook a 13-year-old girl from a breathing machine after she was declared brain dead. Jahi McMath could be removed from life support at Children's Hospital of Oakland at 5 p.m. PST under a Dec. 24 ruling by an Alameda County Superior Court Judge. The family is awaiting word on whether a facility in New York would accept the girl as a transfer patient. (AP Photo/Marcio Jose Sanchez)
Nailah Winkfield, left, mother of 13-year-old Jahi McMath, enters a courtroom hearing Friday, Dec. 20, 2013, in Oakland, Calif. McMath remains on life support at Children's Hospital Oakland nearly a week after doctors declared her brain dead, following a supposedly routine tonsillectomy. (AP Photo/Ben Margot)
Attorney Christopher Dolan, left, leads Omari Sealey, second from left, who is the uncle of 13-year-old Jahi McMath, and other family members prior to a courtroom hearing regarding McMath, Friday, Dec. 20, 2013, in Oakland, Calif. McMath remains on life support at Children's Hospital Oakland nearly a week after doctors declared her brain dead, following a supposedly routine tonsillectomy. (AP Photo/Ben Margot)
Omari Sealey, left, uncle of Jahi McMath, speaks with attorney Christopher Dolan prior to a media conference Thursday, Dec. 19, 2013, in front of Children's Hospital in Oakland, Calif. Jahi McMath remains on life support at Children's Hospital Oakland nearly a week after doctors declared her brain dead, she had tonsil surgery on Dec. 9 to help her with sleep apnea but began bleeding and experienced cardiac arrest later that night. Doctors declared her brain dead on Dec. 12.(AP Photo/Ben Margot)
Oakland, Calif, USA. 23rd Dec, 2013. Nailah Winkfield, center, mother of Jahi McMath, receives hugs and support from family and friends in front of Children's Hospital Oakland in Oakland, Calif., on Monday, Dec. 23, 2013. © Susan Tripp Pollard/Bay Area News Group/MCT/Alamy Live News
Oakland, CA, USA . 05th Jan, 2014. The exterior of Children's Hospital Oakland on January 5, 2014 in Oakland, California. The hospital is currently involved in a legal battle over Jahi McMath, a 13-year-old girl who became brain dead after complications from surgery to remove her tonsils. The hospital has declared McMath dead and want to remove her from the ventilator keeping her alive and her family has sued to prevent the move. © Kristoffer Tripplaar/Alamy Live News
Oakland, CA, USA . 05th Jan, 2014. The exterior of Children's Hospital Oakland on January 5, 2014 in Oakland, California. The hospital is currently involved in a legal battle over Jahi McMath, a 13-year-old girl who became brain dead after complications from surgery to remove her tonsils. The hospital has declared McMath dead and want to remove her from the ventilator keeping her alive and her family has sued to prevent the move. © Kristoffer Tripplaar/Alamy Live News
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OAKLAND, Calif. (AP) - An attorney says a nursing home has agreed to provide long-term care for a 13-year-old girl, who has been declared brain dead but whose family maintains is still alive.

A southern California facility agreed after another nursing home backed out, the family's lawyer, Christopher Dolan, said Friday.

He wouldn't provide its name, saying "we're afraid they'll be inundated with press" and decide to back out as well.

Time is short for the family, as Alameda County Superior Court Judge Evelio Grillo on Tuesday ruled that the Children's Hospital Oakland may remove Jahi McMath from life support at 5 p.m. Monday unless an appeal is filed.

Jahi underwent tonsil surgery at Children's Hospital on Dec. 9 to treat sleep apnea. After she awoke from the operation, her family said, she started bleeding heavily from her mouth and went into cardiac arrest. Doctors at Children's Hospital concluded the girl was brain dead on Dec. 12 and wanted to remove her from life support. The family said they believe she is still alive.

Before Jahi can be transferred, she must undergo two more medical procedures - the insertion of a breathing tube and a feeding tube, both of which would be necessary for her long-term care but which the nursing home is not equipped to perform.

The hospital has refused to perform the procedures.

"Children's Hospital Oakland does not believe that performing surgical procedures on the body of a deceased person is an appropriate medical practice," David Durand, its chief of pediatrics, said in a statement Thursday.

Douglas Straus, a lawyer for the hospital, said in a letter made public Friday that before the hospital would comply with the family's request to move Jahi, it would need to speak directly with officials at any nursing home to make sure they understand her condition, "including the fact that Jahi is brain dead" - and to discuss needed preparations, including transportation.

"Children's Hospital will of course continue to do everything legally and ethically permissible to support the family of Jahi McMath. In that regard, Children's will allow a lawful transfer of Jahi's body in its current state to another location if the family can arrange such a transfer and Children's can legally do so," Straus wrote in the letter.

He also said the Alameda County coroner needed to sign off on the move "since we are dealing with the body of a person who has been declared legally dead."

The letter was sent to Dolan after Dolan said he was preparing a federal civil rights lawsuit to force the hospital to outfit Jahi with breathing and feeding tubes. He said the hospital's refusal to cooperate violated her family's religious, due process rights and privacy rights.

In fulfillment of the hospital's request, Dolan said he had held a three-way conference call Friday with Straus and the director of the nursing home.

Dolan also told the Associated Press on Friday that he had already obtained signed consent from the coroner for Jahi's transfer.

The Alameda County Coroner's Bureau said it had no comment.

Jahi's uncle, Omari Sealey, said earlier on Friday the family was in talks with three nursing homes - two in Los Angeles and one in New York - that might be willing to take her.

The girl's relatives had announced on Thursday that they had found a nursing home in the San Francisco Bay Area that was willing to care for the girl if she had the tubes. Within hours, the hospital's chief of pediatrics issued a statement saying Children's would not cooperate because it "does not believe that performing surgical procedures on the body of a deceased person is an appropriate medical practice."

Upon learning of the hospital's position, that facility backed out.

Dolan said he is hoping the hospital officials will change their mind about the surgery after speaking with the nursing home officials.

If they don't, he said, the family's options are slim, but he is hoping the Alameda County judge will give them some more time Monday to find a doctor willing to perform the surgeries.

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