Rescue team is claiming ownership of my dog.

Question

My dog was lost and animal control took him to the shelter. He was badly hurt and was rescued from being euthanized. They have treated him and I contacted them when I came across his picture after a month of looking for him. We finally spoke and they state that he won't be adopted, has tissue scarring, suggestions of being poorly treated prior to him being missing. They told me I can't get him back and he belongs to them. Is that the law? What can I do to bring him home?

California, USA

Answer

I am very sorry to hear about this dog. I hope he makes a full recovery. It is very important to visit shelters to check on lost pets after the animal goes missing. Shelters are required to hold lost and stray animals only for a few days. The animals’ “parents” typically lose rights to their animals if they don’t reclaim them during the legal hold period. Shelters are generally allowed to rehome (and sometimes even euthanize) animals who have not been claimed by their “parents” during the legal hold period.

If you have veterinary records demonstrating that you provided good care for the dog, that may help convince the shelter to return the dog. Having your veterinarian contact the shelter may also help.

California law states that shelters must scan dogs and cats for a microchip and make reasonable efforts to contact the animal’s “parent” before the adoption or euthanasia of the dog or cat. Failure of a shelter to comply with the law could affect rights of the shelter, people claiming to be the animal’s “parent,” and the adopter.

People who believe that their animal is being wrongfully withheld can sue to try to get the animal returned. Judges may (or may not) decide that if a shelter still has a lost animal, the animal should be returned. It is likely that the court would order payment of impoundment fees. Time is of the essence. After an animal is rehomed, it is much more difficult to get the animal returned.