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HomeMy WebLinkAboutAbused and Neglected Surrenders ASAB Latest 05 07 2018 Abuse/Neglect Charges for Surrendered Animals: A. Intentional Harm In cases of intentional harm identified by visible signs of physical abuse, including suspected use in animal fighting or as a bait dog for training for fighting, ASAB supports placement of the individual responsible for the harm on a permanent "do no adopt" list, to the extent such action is consistent with existing law. This action would not supplant, and would be in addition to, referral to the District Attorney for prosecution in Animal Services' discretion. Individuals falling in this category will be notified in writing of the finding. The notification will include a specific explanation as to why this finding was made. Individuals and will be given an opportunity to appeal the finding of Intentional Harm to the Hearing Panel. B. Gross Negligence In cases of gross negligence, defined as reckless disregard for the wellbeing of the animal, ASAB supports suspension of the ability of the owner or keeper of the surrendered animal to adopt from Animal Services until the individual has completed a consultation with Animal Services staff regarding community resources for low or no cost medical care. ASAB welcomes input regarding staff's capabilities for providing such consultations in light of limited resources. A finding of gross negligence should be made considering the totality of the circumstances, including: 1. The length of time a condition has been allowed to persist. 2. The severity of the distress to the animal caused by the condition. 3. The costs associated with proper prevention and treatment of the condition. a. Lower cost should weigh in favor of finding gross negligence; higher cost should weigh against a finding of gross negligence. 4. Whether the animal was voluntarily surrendered to Animal Services by the owner or keeper. a. If the animal was voluntarily surrendered, this factor should weigh against a finding of gross negligence. Individuals falling in this category will be notified in writing of the finding. The notification will include a specific explanation as to why this finding was made. Individuals and will be given an opportunity to appeal the finding of Gross Negligence to the Hearing Panel. Revised as of February 16, 2018—MMW