Legal Investigations in Shelter Medicine

Introduction

Animal shelters frequently encounter victims of animal cruelty ranging from misdemeanor-level negligence to intentional felony level abuse. Members of the shelter staff, including veterinarians, animal intake personnel, and animal control officers, are responsible for recognizing, documenting, and reporting evidence of animal cruelty. Animal control officers are often the first to respond when animal cruelty is reported. Likewise, animal intake personnel are the first to witness victims when citizens surrender their pet or deliver a stray animal to the shelter. Personnel must be trained on how to recognize signs of animal abuse, document findings, and collect evidence. In addition, shelter personnel must recognize situations necessitating the input of the shelter veterinarian, who must in turn be familiar with how to recognize animal abuse, collect and process evidence, perform a forensic examination, and process remains for a postmortem examination.

Animal Welfare Laws

Animal welfare laws vary by jurisdiction (ALDF, 2017). Fundamentally, most animal welfare laws state that it is unlawful for any person to perform harmful activities toward any animal. Commonly used words include “overload,” "torment,” “torture,” and "deprive of necessary sustenance” (ALDF, 2017). Definition of these terms is not always detailed within the written law so it is imperative that shelter personnel understand appropriate animal husbandry. A helpful resource regarding acceptable animal care is the decades-old doctrine of the Five Freedoms (FAWC, 2009). These five statements were originally developed as guidelines for appropriate care for livestock, but they have been widely used as guidelines for animal welfare, regardless of species (Table 19.1).

In addition to varying state laws, shelter personnel have differing levels of authority. It is important that all personnel responsible for the investigation of animal cruelty understand their legal responsibilities and restrictions. For example, an officer employed by a municipal shelter may be restricted to issuing summons for city ordinance violations, where in the same jurisdiction, an officer for a private humane society may have enforcement power similar to that of a police officer. Because of the varying authority, it is usually necessary for police officials and animal control officers to collaborate during an investigation for animal cruelty.

Some states mandate veterinary reporting of suspected animal abuse. This is due to increased awareness, stricter laws regarding animal cruelty, and the association between violence toward animals with that of violence toward humans, particularly child and elderly abuse, and domestic violence, as described in works such as those by Ascione and Arkow (1999) and Linzey (2009). The American Veterinary Medical Association has an available list of reporting requirements by state (AVMA, 2018). Shelter veterinarians frequently encounter victims of animal cruelty and should be familiar with the legal obligations regarding reporting, not only for the welfare of the animal involved but also for potential human victims. Communication between shelter personnel,

Table 19.1 The Five Freedoms provide guidance for the basics of acceptable animal care

Recognition of Animal Cruelty the police department, child and adult protective services, and domestic violence services should be established and utilized whenever necessary.

Recognition of Animal Cruelty

Many animals entering the shelter system show physical evidence of neglect. Some of the obvious physical symptoms frequently observed include:

■ Low body weight

■ Poor body condition

■ Starvation

■ Unkempt hair coat

■ Matting of hair coat

■ Overgrown toenails

■ Parasites including fleas, ticks, heartworms, ear mites, intestinal parasites

■ Scars

■ Untreated wounds or fractures

■ Untreated medical conditions such as KCS, otitis, periodontal disease, and dermatitis

■ Fecal/urine scald

■ Dehydration

■ Ravenous appetite and excessive thirst upon intake

■ Exhaustion

■ Embedded collar; ligature wounds from tether/restraint

■ Hypothermia

■ Hyperthermia

■ Anemia

In addition, nonaccidental injuries may be seen including:

■ Gunshot wounds

■ Stab wounds

■ Burns

■ Ligature wounds (e.g., rubber bands on testicles, tails, extremities)

■ Strangulation

■ Evidence of nonprofessional surgery (e.g., ear/tail cropping, dubbing of fighting birds)

■ Scars and wounds consistent with organized dogfighting

A large percentage of shelter animals are strays and must be placed on a stray hold for a period of time, allowing the owner time to reclaim their pet. It is common for stray pets to show evidence of abuse, particularly in the form of neglect. Since seeking the owner of every stray pet requires manpower that is beyond the capabilities of most shelters, a process should be established in the event that the responsible owner attempts to reclaim an abused pet. Although the rate of reclaimed pets is typically low and forensic examinations require time that is scarce in most shelters, protecting stray animals from returning to an abusive home is a fundamental duty of an animal shelter. Basic exam findings and concerns should be documented in the medical record, recommending the issuance of a citation should the pet owner attempt to reclaim the pet. Thorough documentation is especially worthwhile when a microchip or other identifier is found on a stray pet with evidence of abuse, since this type of identification increases the likelihood of locating the responsible party.

If an owner appears to reclaim, a citation is issued with requirements for improved care, and a follow-up visit is scheduled to monitor compliance. At times the pet’s condition is severe enough to justify refusal if the owner attempts to reclaim. The veterinarian and investigator in chargeusually make this decision collectively. Under these circumstances it is not uncommon for the owner to surrender the pet to the shelter. This is ideal, as it allows the shelter to find suitable placement without waiting for the stray hold to expire. Surrendering an abused pet does not mean the owner will not be held accountable. Pursuance of legal action, including a citation and further investigation such as inspection of the home to determine if other victims are involved, is sometimes warranted and is usually based on information gained during the consultation with the owner. This information could include veterinary records, financial restrictions that prevent appropriate care, and reveal true ignorance and remorse for a pet’s condition. Sometimes the information provided by the owner will alleviate fears of abuse and the reclaim is allowed.