I believe this statement on this FB page that these three Safe Haven dogs are at risk of being killed. I think it is important that people know that Sierra has bonded with a number of staff members. I know that one former employee has posted here about how he had developed a relationship with Chase. I dont know anything about Icarus. But what I do know is that “food aggression” is no reason to kill a dog, although it is used that way all the time by people who kill on the basis of “temperament tests.” The fact that a dog connects rarely with people is no reason to kill a dog. There is always someone out there who can connect with that dog. Safe Haven hasnt ever bothered to try to find people for Sierra, Chase or Icarus. What happened to the statement by Lofthouse on the WBOC interview last week that ALL the remaining dogs would go to No Kill shelters? Was that a lie? There are legal and procedural questions that need to be considered before Safe Haven/ASPCA kill these or other dogs. Lynn Lofthouse and Beth West: Have you contacted Sierras family to let them know that she is on death row? The family gave $10,000 to Safe Haven with a legal agreement to keep Sierra safe for the rest of her natural life. If you kill Sierra, I hope they sue you personally and ASPCA, too.. And now Safe Haven sneaks out this announcement through this FB page that is trying to promote the dogs. That does not comply with the Delaware Shelter Standards law, otherwise known as CAPA. ASPCA and the remaining Safe Haven Board, Lynn Lofthouse and Beth West, had better be very careful about following procedures before they kill Sierra, Chase, Icarus or any other dog. Otherwise the state of Delaware may take action on their failure to comply with CAPA. Where is Animal Welfare Office? They need to do something to enforce the law. Sierra, Chase and Icarus have been at Safe Haven for a good long time, so they cannot be killed under the exemption under § 8004 (c) to “protect shelter staff and/or other sheltered animals from an animal’s severe aggression.” It would be outrageous to kill these dogs under that clause, when obviously staff has been caring for them. I know Sierra has been there for a year and a half, so killing her now under the aggression clause would make a mockery of the law. Safe Haven/ASPCA are required by law to have a “registry” of rescue organizations that complies with § 8003 (d) of the Shelter Standards law, also known as CAPA. Safe Haven/ASPCA might have been able to get away with being picky about rescue groups as long as no dogs were on death row. But if they plan on killing these dogs, they must do so in accordance with the law. One of the conditions that must be met before a shelter may kill an animal is specified in § 8004.(d) Euthanasia: “ 5) Organizations on the registry developed pursuant to § 8003(d) of this title are not willing to accept the animal; “ Obviously there must be a registry before a shelter is able to certify that organizations are not willing to accept the animal to be killed. CAPA does not allow shelters to restrict the rescue groups in any way. Under the law, Safe Haven and ASPCA are allowed to inspect facilities of the rescue groups. as indicated below in the excerpt from the law. That does NOT mean that the rescue groups must have facilities, only that the shelter may inspect a rescue groups facility IF there is one. So for example, if a rescue group is going to board the dog, the shelter could go look at the boarding facility. If the rescue group is going to foster the animal, I suppose the shelter could inspect the home. But nowhere does it say the rescue group could be excluded from the registry on that basis. If the facility violated state cruelty law, that action could be taken under the cruelty statute, I suppose. Heres the excerpt of the law about those inspections of rescue groups: § 8003 (d) Animal shelters shall establish and maintain a registry of organizations willing to accept animals for the purpose of adoption, including breed specific rescues, or to provide the animals with long-term placements. The registry shall include the types and breeds of animals about which the organization wishes to be contacted. Animal shelters shall have the right to inspect the facilities of any adoption organization taking animals from the shelter. Lofthouse, West and ASPCA: are you going comply with CAPA before killing Sierra, Chase, Icarus or any other dog?
Posted on: Wed, 13 Nov 2013 17:50:52 +0000
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