Question
I am part of a 501 c3 that placed a nursing mom and 5 kittens into foster in Fairfax county Virginia. Unfortunately we didn’t have a foster agreement signed; she completed a foster interview, have numerous text messages going back and forth, and was regularly reimbursed for food. She even applied to adopt one of the kittens. Now she is refusing to return any of the cats and kittens. Do you know if we have any legal standing?
District of Columbia, USA
Answer
People and organizations that believe their animals are being wrongfully withheld can sue to try to get the animals returned. A foster agreement should clearly delineate rights, obligations, and remedies for non-compliance.
Note that Virginia law relating to foster agreements states, in part: “No private animal shelter shall place a companion animal in a foster home with a foster care provider unless the foster care provider has read and signed a statement specifying that he has never been convicted of animal cruelty, neglect, or abandonment, and the shelter shall update the statement as changes occur...”
If a lawsuit is commenced, the court will review the evidence presented, which may include such things as the written foster agreement (when there is one as there should be) and other evidence that demonstrates the animals were fostered. Time is of the essence since after animals are rehomed it becomes much more difficult to get the animals returned.
The police can also be contacted, although the police do not usually intervene in animal custody disputes. I hope that your organization and the foster “parent” can more amicably resolve this matter in the best interests of the cats.
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