[nagdu] researching programs

Jenine Stanley jeninems at wowway.com
Sat Feb 13 18:49:57 UTC 2010


Mark, 

I have my own personal feelings about ownership but for purposes of this
discussion, I'll give you the technical answer to the difference between
ownership and custody, or whatever term the particular school uses that
means they have legal ownership of the dog. Others here will more eloquently
give the philosophical perspective. 

When you legally own your dog, you literally own it. The school cannot take
your dog away without a third party being involved, and usually without some
type of legal action against you. 

Let me preface that by saying for most school staff the last thing we want
to do is to take a dog away from someone. We want to help make the team as
good as it can be. 

Now, let's say the rare, and it is extremely rare, instance occurs when we
misjudge someone's ability to handle the responsibility of a dog. The person
might be fine initially but life may change and for this example, let's say
he or she is seen physically abusing the dog. There is also evidence,
through the dog's medical condition, that it is being neglected. People in
the community have called the school to report this person. 

The first thing any school should do, and again, most do this, is to contact
the handler directly and discuss the complaints, offering help. We all know
that sometimes things can be misinterpreted. 

Let's say this "worst case scenario" continues and the handler in question
refuses the school's help. Complaints continue and the dog's condition
worsens or doesn't improve. 

Most local animal cruelty statutes don't include the kinds of things we
would think of as cruelty toward a guide dog. They involve excessive times
without food, water, shelter, or witnessed beating, open wounds,
malnutrition, etc. Also, many animal control officers don't want to get
involved with service animals because they fear being sued for civil rights
violations. 

Yes, I know, there are other animal control officers with the very opposite
point of view and actions, overreacting to a standard leash correction. I've
actually talked to both types in the same department, sadly in the same day
once. 

So, what are all of us who are worried about the welfare of this dog to do?
Well, if the handler legally owns the dog, all we can do is to go through
the legal processes of his or her community, city, county, etc., to take the
dog away. This could mean anything from petitioning a court to getting a vet
to testify about the dog's condition. It all depends on the local laws. 

Now, on the bright side of ownership, the bright technical side that is, if
you are ever involved in an accident, struck by  a car, etc. owning the dog
means that you are legally entitled to ask for any number of things in a
settlement that you may not have gotten if you didn't legally own the dog.
There have been cases, and I wish I still had the citations, in which a
judge stated that because the school owned the dog, only it could come
forward to collect reimbursement of vet expenses, etc. 

This issue is less important now than it was even 10 years ago thanks to
many states passing guide dog protection laws that specify people be
reimbursed regardless of who legally owns the dog.  

The truly positive technical part of ownership is that you are the final
arbitrator of all decisions regarding your dog, from where it goes when it
retires to its medical care, etc. 

If the school retains custody of the dog for whatever reason or under
whatever conditions, then in most cases, it can reclaim the dog without a
third party being involved. Again, for most schools this is an absolute last
resort. 

If you want ownership because you are worried that a school will take your
dog, you may want to consider another school. Ownership is a trust issue.
Granting it is the school's way of saying that they trust you and your
abilities to care for and work this dog. 

Hope that helps. It in no way means that those who choose schools that don't
grant any form of ownership have made poor choices or are less valued by
their schools. 
Jenine Stanley
jeninems at wowway.com




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