[nagdu] researching programs

[Mark J. Cadigan]

So, from what I understand, owning the dog is nice, but not essential. From 
what you are saying, it appears that if the school owns the dog there should 
be no problems so long as I treat the dog properly. Correct me if I am 
wrong.

What schools let you own the dog either immediately after graduation, or 
after a trial period.

I don't know why someone would ever mistreat an animal, but that is off 
topic.



----- Original Message ----- 
From: "Jenine Stanley" <jeninems at wowway.com>
To: "'NAGDU Mailing List,the National Association of Guide Dog Users'" 
<nagdu at nfbnet.org>
Sent: Saturday, February 13, 2010 1:49 PM
Subject: Re: [nagdu] researching programs


> 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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