Q&A from the "Legal Meets Best Practices - Part 2" Webinar on 12/13/23
Why call it a foster program? Doesn't that imply that the shelter is involved? Having to provide medical care, etc?
I think this question came in early in the presentation and we did discuss that the shelter is involved from the beginning with specifics on how that works. Review the slide deck as a PDF for more information. You can access the recorded webinars, CE information and the presentations' slide decks here - https://university.maddiesfund.org/p/MMPC_Learniverse_Legal_Meets_Best_Practices_CA- Delany
What if a finder-fostered animal escapes and is lost or injured, is there any liability for the shelter?
The answer to this question would very much depend on the specific facts, but in general the liability for the shelter would be the same as if any other foster animal escapes and is lost or injured. - Bruce Wagman
Can you vaccinate a dog during the hold period?
Yes, you can and should be vaccinating animals on arrival to protect the animal and the shelter population. Here's some more information on this topic - https://www.sheltermedicine.com/library/resources/vaccination-in-animal-shelters
– Delany
Just to clarify, most dogs (in our area) do not have ID ... so if you cannot confirm ownership of abandoned or injured one can refuse pick up?
According to the requirements of CA law, that is correct. However, most shelters/animal control officers will pick up injured animals and transport them to a veterinarian or the shelter. Additionally, local laws (ordinances), contracts with municipalities, or shelter policies may require pick up. Finally, as part of local rabies control programs, jurisdictions may require pick up of all dogs running at large. - Bruce Wagman
Our local animal control agency is refusing to pickup abandoned dogs who are dumped off at our shelter. Is that legal?
We are assuming from this question that you are running a private shelter not connected with any municipality and with no municipal contracts. In that case, the question is whether the dogs have an indicia of ownership that would trigger the pickup requirement. If not, there is no requirement to take them. - Bruce Wagman
Hello Bruce, is there a law that mandates all shelters to vaccinate upon intake?
There is not a mandate, but shelters are permitted (and encouraged by shelter medicine experts) to vaccinate upon intake to protect the animal and human community. - Bruce Wagman
How could one enforce neglect for a chronic at large animal, is known to wander over 1/2 mile from home, crossing busy roads, etc.?
This would be a criminal matter and the conduct you reference could be the basis for a cruelty charge under the California Penal Code. Local law enforcement and the district attorney's office would need to be involved. - Bruce Wagman
On mandatory hold periods, are private shelters with public contracts considered public or private?
Private shelters with public contracts are considering "Public" for the purposes of legally mandated holding periods. Generally contracts cover stray animal intake and so stray holding periods would apply to the private shelter with the contract. - Delany
Holds: if stray kitten of 4-5 weeks (healthy) available for immediate transfer but euthanasia must wait till 72 hours? please confirm
Weaned (but underage for adoption) healthy kittens can have an immediate positive outcome (adoption, transfer, foster to adopt, regular foster) but should not be euthanized during the 72 hour hold period unless determined to be irremediably suffering. - Delany
Do chickens count as birds or as livestock?
There are many local laws that pertain to chickens and livestock so there is no certain answer without reviewing your local codes. And it may also depend on the manner in which the chickens are kept, so it is impossible to answer this question without additional facts. - Bruce Wagman
If there is a CA law to hold for 72 hrs and then you can do anything to the animal, but you say it is not true that holding an animal for 30 days lets the person own the animal. I'm not understanding this.
The difference is that the 72 hour hold period applies when the shelter is involved and making efforts to locate the animal's owner and the animal is held on-site and available for viewing or housed off-site (such as in a foster home) and is posted on the shelter's website so that an owner could find it. - Delany
If shelter will not intake a stray (either physically or on paper) how long does finder have to keep/look for owner before keeping/rehoming/sending to rescue? I am hearing there is 'no law' regarding but what is a person to do?
A finder is under no obligation whatsoever to keep an animal or look for an owner, for any period of time. If a local shelter will not take the animal, the finder can rehome or send to a rescue. A finder cannot claim ownership of such an animal without going through legal requirements, or a formal Finder-Foster program. - Bruce Wagman
I thought i heard you say that if a shelter voluntarily takes in a animal that we are not legally mandated to take in - i.e healthy dog with no indication of ownership - the Hayden act holds apply, maybe I missed it but when you went through the case studies and what hold applies didn't you give a 72 hr hold to the healthy, unowned dog? did I misunderstand/hear?
If a shelter takes in a "Stray" animal that is not a California state legally mandated intake the animal must be given a stray hold (72 hours per the state of California but also review any local laws/ordinances or contract requirements for your shelter). Stray animals taken in, even if not expressly mandated under CA state law, must be given a stray hold (unless determined to be irremediably suffering).
The Hayden Act holds apply to public shelters when they elect to take in "Owner Surrenders." So, owner surrenders are available for a positive outcome (adoption, transfer, etc.) immediately but must be held the applicable 4 or 6 business days (not including the day of impoundment). - Delany
Where can we get the laws spreadsheets?
You can get the full slide deck as a PDF including the slide that included those 2 cheat sheets here - https://university.maddiesfund.org/p/MMPC_Learniverse_Legal_Meets_Best_Practices_CA - Delany
Can you please give references regarding lack of impact on wildlife by community cat programs?
This is a bit outside the scope of this webinar. We discussed laws related to Community Cat Programs in Part 1 of this series here - https://university.maddiesfund.org/p/MMPC_Learniverse_Legal_Meets_Best_Practices_CA
This webinar did not cover the impact of community cats on wildlife. Community Cat Programs are intended to be a way to help stabilize community cat programs and have been found to be effective in this regard. To the extent that there is a concern for wildlife predated by community cats, stabilizing their population (community cats) is intended as a harm mitigation program. - Delany
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Cindi Delany, DVM, KPA-CTP, FFCP
Director of Online Learning
Maddie's Million Pet Challenge
UC Davis Koret Shelter Medicine Program
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Original Message:
Sent: 12-08-2023 02:05 PM
From: Cindi Delany
Subject: Join us Wednesday, 12/6/23 at 10 AM Pacific - "Legal Meets Best Practices" - special focus on California Animal Shelter Laws
Q&A from the "Legal Meets Best Practices - Part 1" Webinar on 12/6/23
For your risk calculation I don't see altered status included which to me is one of the top concerns.
In the slide discussing "risks" to the cat the focus was really on medical issues, age-related issues, threats in the environment, etc. that would put the cat's own individual survival at risk. In that context, being an intact animal doesn't represent a risk to survival in their current environment. - Dr. Delany
Our officers are regularly having owned pets that need veterinary care, some cases more severe than others, signed over to us for veterinary care. If these aren't cases we are going to send to the DA for criminal animal neglect, would we be liable under 597.1 for the owners not getting the animal veterinary care.
If the animals are being surrendered, which you suggest, then at that point the shelter is responsible for them, and they should be treated as an owner-surrender. If they would be a seizure case, with ownership still with the owner, you would treat them like a 597.1 case – BW
Do community cat programs include flea control? In my area community cats are infested with fleas that carry flea-borne typhus. What do you recommend for moving those cats when necessary (at work site or other location that no longer wants free-roaming cats)?
The specifics of medical care beyond spay/neuter, vaccination and ear tipping can vary across community cat programs based on resources and area concerns. Applying flea control while providing community cat program medical is done by many programs with the resources to do that.
In general we reserve relocating community cats for very specific cases where there is a concern for the cats' welfare. In cases where members of the community are seeking to control community cat populations the best solution is through a community cat program - by sterilizing the cats so that the population stabilizes. In cases where community cats are removed (including historical catch and kill programs) the vacuum effect results in new cats entering the area if the resources are still accessible. In many communities it is helpful to educate members of the community with concerns about the benefits of community cat population control through community cat programs. - Dr. Delany
Is anyone discussing Community Dog Programs? I definitely think a lot of the strays being picked up have homes and are on walkabouts when they get into trouble. They have loving homes that do not even know the shelter exists, then come here and end up living here or facing euth.
I fully agree that most dogs who end up in shelters in this country do have owners. In most of the United States it is less common to truly have unowned free-roaming dogs. We'll be having a "Back Where They Belong" event in February (half-day 2/21 and 2/28/24) where we discuss this at length - you can register for that event here - https://tinyurl.com/BackWhereTheyBelongReg. At that event we'll especially be focusing on getting dogs (and cats) back to the place they came from in cases where there is no imminent threat or concern. We'll discuss how to engage with your community so that getting dogs back to their homes (and cats back to their origin) is more effective.
Regarding actually returning dogs to their origin without an owner involved, the way we are able to do with community cats, the discussions I (Dr. Delany) have heard about this have often landed on some increased concerns about dogs vs cats - including safety to people and other owned dogs (especially dogs being walked on leash). In light of leash and confinement requirements for dogs and those safety concerns, returning dogs to their origin without an owner involved is less likely to be a widespread tactic.
I have seen some shelters working within communities in which free-roaming dogs are more common but not to the extent we see with free-roaming community cats. - Dr. Delany
So bringing in a cat like "Freddy", bring them in as a separate intake. We use ShelterLuv. We service them in as Feral/Wildlife? Should we do something differently?
I would recommend actually creating an intake type of "Community Cat Program Candidate". Also a specific Outcome Type - "Community Cat Program Release". In some cases I've helped create "Subtypes" for those intake and outcome types to capture more information. Subtypes such as "Good Sam," "CC Caretaker," etc. on intake and things like "CCP Medical Care Completed," "Medical Issue Re-intake as Stray," "ID Found - re-intake as stray," etc. can help you keep your intakes/outcomes clean (double entry system balances in that everything that comes in as CCP goes out as CCP) and still allow you to see how many animals came in as CCP and how many received full CCP services, vs being re-intaken as Stray if that is required based on medical or ID findings, etc. This should be done for every cat that you bring in as a CCP. - Dr. Delany
Would you take the "separate" cats that are going to be returned to the community and flea-treat them if fleas were visible - prior to returning to the community?
Providing flea control is a common (but not mandatory) practice in many CCP programs. Resources available and medical need would be the primary considerations. - Dr. Delany
So if the known location is not safe to return the cat to and you are looking for another outdoor placement, can you NOT take them in as CCP?
You can still take them in as a CCP. But if the location they were found in is not conducive to a return, we suggest returning them to a close, known safe area where other community cats have been seen. - BW
Do you rec'd microchipping the cats that are outcome to working cats/ap programs?
Microchipping cats with a barn cat/working cat program is at the shelter's discretion. As cats being relocated in that way are not taking part in a CCP program (in which there is no ownership claim by any party at any time and microchipping as a sign of ownership is not recommended) microchipping for tracking purposes is at the discretion of the shelter, its policies and any legal requirements for animals being rehomed by the shelter. - Dr. Delany
I only see orgs talk about a CCP as a reactive option. There are rarely any proactive steps by shelters to promote proactive community involvement in CCPs. They are underresourced, poorly communicated, and put a tremendous burden on volunteer trappers. How can a CCP partner better with the community to build a more successful program for more of the stakeholders?
I agree that in the past, especially when these programs were first being implemented, many shelters did not openly publicize them due to concerns about the public's reaction. What we've seen over the past 12+ years that many shelters have been serving free-roaming cats with CCPs is that the public - once we explain the benefits of these programs - is surprisingly receptive. In many communities CCPs at the shelter or through another organization have become much more mainstream, well-communicated and supported.
In communities where that is not yet the case, we do have more information about the benefits of these programs now (including documented reduced intakes, lower euthanasia rates and static to decreased DOA rates in communities with robust CCP programs). By clearly communicating the benefits of improved free-roaming cat population health and stabilizing free-roaming cat populations through these programs to members of your community, as well as explaining the additional benefits to informal cat caretakers and human populations with less access to resources, many shelters are seeing increasing community support for these programs. - Dr. Delany
Can you explain the vacuum effect?
Yes, thank you for asking, the "vacuum effect" is what we see when attempts are made to control a population of animals using catch and remove (including catch and kill) programs. It is not exclusive to community cats and can be seen in other free-roaming animal populations.
Essentially when an environment exists that can support that population (access to food, water, shelter) removing animals leads to more of the same animals coming in to utilize those resources. It also typically leads to increased breeding and increased litter sizes in the animals that remain. This leads to new animals coming in and taking the place of the ones that were removed. The removal of some animals destabilizes the population and can result in an increase in the population.
We can avoid these through programs like CCPs where instead of removing the cats and destabilizing the population, we sterilize them and return them. That way they are still making use of the existing resources but without being able to breed the population is more likely to stabilize (or reduce) over time. - Dr. Delany
If you take in a healthy kitten as a stray and down the road for whatever reason aren't able to adopt him out, can you return the cat to the location found as CCP?
Following Shelter PALs advice that would not be advised. It could put you at risk of being considered to have "abandoned" the animal. It is recommended that animals be put on an appropriate pathway on arrival - CCP or Stray or Owner Surrender, etc. Once an animal has been admitted as a stray the expectation would be that for a live outcome to occur a continuation or transfer of ownership would take place at some time - Redemption (ownership stays with original owner), Adoption (transferring ownership to adopter), Rescue/Transfer (ownership transferred to partner org), or Barn Cat/Working Cat program (ownership transferred to human taking the cat to that location and providing care). - Dr. Delany
What is the abandonment issue you have referred to?
Under California law, it is a crime to "abandon" a domestic animal. This law was written to prohibit owners of animals from dumping their animals who were dependent on them, and to prohibit exposing animals who were not thriving outdoors to an environment to which they might not be able to adapt. It is one of the "animal cruelty" laws in California. CCPs are not abandonment for many reasons, but principally because (1) they are the most humane option for these cats, and (2) the cats are being returned to the outdoor homes where they are thriving. - BW
What is the legal status of CCPs? in other words, have they been recognized legally?
In some localities, they have been approved and are encouraged by local ordinances. There is no state law that either recognizes or prohibits them. - BW
Are community cats included in intake totals, since they are not processed like intakes?
Community cat program cats should not be considered an "at risk" shelter impound. They are instead a medical service the shelter provides to improve animal welfare in the community. In the same way that shelters should not be including "Public Spay/Neuter" or "Wellness Clinic" animals as at-risk shelter impounds, but instead a medical service, CCP cats should be removed from your "At-Risk Impounds" totals when reporting out shelter statistics.
And, in the same way that I highly recommend tracking other shelter outreach activities - like Public Spay/Neuter, Food Pantry Services, and Wellness Clinic care, you do want to keep track of both the number of cats served by your CCP but also other metrics like "Length of Stay" (LOS) to be able to evaluate the effectiveness of these activities, their scope and to set goals around these activities. - Dr. Delany
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Cindi Delany, DVM, KPA-CTP, FFCP
Director of Online Learning
Maddie's Million Pet Challenge
UC Davis Koret Shelter Medicine Program
Original Message:
Sent: 12-07-2023 03:28 PM
From: Cindi Delany
Subject: Join us Wednesday, 12/6/23 at 10 AM Pacific - "Legal Meets Best Practices" - special focus on California Animal Shelter Laws
We'll be posting the Questions that were submitted during the webinar along with responses from Dr. Delany and Bruce Wagman here in this thread. If you have a question that you didn't submit during the event please post it here (using the "Reply" button).
Thank you!
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Cindi Delany, DVM, KPA-CTP, FFCP
Director of Online Learning
Maddie's Million Pet Challenge
UC Davis Koret Shelter Medicine Program
Original Message:
Sent: 12-04-2023 10:11 AM
From: Cindi Delany
Subject: Join us Wednesday, 12/6/23 at 10 AM Pacific - "Legal Meets Best Practices" - special focus on California Animal Shelter Laws
When:
Part 1 - Dec 6, 2023 from 10:00 AM to 11:30 AM (PT)
Part 2 - Dec 13, 2023 from 10:00 AM to 11:30 AM (PT)
Legal Meets Best Practices: Translating California regulations into best practices that benefit you, your shelter, and the people and animals in your community.
The webinar series you've been asking for!
Join Maddie'sⓇ Million Pet Challenge in this two-part series as we embark on a fun, interactive journey to demystify California's legal landscape and discover how California laws and regulations can work in harmony with shelter policy to reduce unnecessary intakes and shorten shelter stays.
In this series, we will cut through the legalese, distill key takeaways, and provide you with practical, "what does this mean for me and my work?" guidance. If your shelter squad only ever attends one webinar series about how legal guidelines can be used to your advantage, let this be the one.
At the end of this series, you'll understand how California laws and regulations should impact and inform best practices in how your shelter approaches critical areas including:
- Improving Community Cat Programs
- Getting lost animals home fast
- Focusing intake on the neediest animals
- Knowing intake & holding period requirements
- Knowing who can do what in the shelter
Learn More: https://tinyurl.com/LegalMeetsBestPractices
Register Now: https://tinyurl.com/LegalBestPracticesRegister
Powered by partnership. This webinar is brought to you by the Maddie'sⓇ Million Pet Challenge Learniverse at the UC Davis Koret Shelter Medicine Program, San Francisco SPCA's Shelter PALS program, and CalAnimals. By sharing our diverse expertise and working together to find the intersections where California law impacts animal shelters, we've formulated holistic shelter practices that allow you to better leverage the law.
Want to invite others to this webinar?
Download, print, and share this flyer and post it at your shelter to invite other staff members!
Click to Download: https://tinyurl.com/LegalFlyer
***AFTER THE WEBINAR - We'll post QUESTIONS AND ANSWERS from the Event here on this discussion thread.***
#AdmissionsandIntake(includingIntake-to-placement)
#CaseManagement*
#CommunityCatManagement
#FosterPrograms
#LawsandPublicPolicy
#PetSupportServices*
#Rehoming
#ReturntoHome(LostPetReunification)
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Cindi Delany, DVM, KPA-CTP, FFCP
Director of Online Learning
Maddie'sⓇ Million Pet Challenge
UC Davis Koret Shelter Medicine Program
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