Shelter adopted out my service animal.

////Shelter adopted out my service animal.

Question

I'm a musician (touring artist) and had my service animal staying with my mother for a bit as I was traveling. She lost the dog, when the shelter received the dog, they adopted it in three days. My every attempt to locate my dog has been thwarted and denied by the shelter even though they didn't go through proper protocol. The dog is microchipped and registered as a service animal in my name. Is there anything I can do?

Answer

People who believe that their animal is being wrongfully withheld can sue to try to get the animal returned. In the course of the lawsuit, contact information for the adopters may be requested (although courts have been very reluctant to order that such information be released). Shelters are typically required by law to hold dogs for a specified number of days before rehoming (that number varies throughout the country). While it is good practice for shelters to contact people when an animal who was reported lost appears at the shelter, people should visit local shelters daily to see if their missing animal is there to best ensure that they will be reunited with their animal. Some states have laws that require shelters to scan for microchips and to contact the owner of a microchipped animal. For example, Georgia’s law, provides, in part: “When any dog, cat, or other large animal traditionally kept as a household pet is brought to an animal shelter or other facility operated for the collection and care of stray, neglected, or abandoned animals, the operator of the facility shall, if the owner of the animal is not known, within 24 hours or as soon as possible scan for the presence of an identifying microchip through the use of a microchip reader. If a microchip is found, the operator shall make a reasonable effort to contact the owner of the animal. Prior to euthanizing a dog, cat, or other large animal traditionally kept as a household pet, any facility referred to in this subsection shall again scan for the presence of an identifying microchip through the use of a microchip reader… Shelters and facilities and their employees and the Department of Agriculture shall not be liable for failing to detect a microchip or failing to contact the owner of the animal. Shelter personnel shall not be required to scan any animal they deem to be too vicious or dangerous to permit safe handling.”

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By |2020-12-01T17:13:30-04:00December 1st, 2020|