6 minute read
The Veterinarian’s Role in Animal Abuse and Neglect
By Jean Schmidt, DVM Assistant State Veterinarian, Missouri Department of Agriculture Veterinarians may, on occasion, be involved in some manner with a potential animal abuse or neglect case. Some ways you may be involved in potential cases of animal abuse or neglect include the following: 1. You may have a client who comes to you with concerns of potential abuse or neglect. 2. You may discover firsthand knowledge of a suspected abuse or neglect case. 3. You may be called upon by local law enforcement to assess an animal during development of their investigation. 4. You may be called upon by the prosecution or defense to serve as an expert witness in a suspected abuse or neglect case. In whatever manner you become involved, it is important for you to know your responsibility and steps you can take to ensure animal welfare. Currently, Missouri veterinarians are not mandated to report animal abuse or neglect. However, most veterinarians will feel a responsibility to report suspected abuse or neglect. Knowing your role and to whom to report will simplify the process. In Missouri, animal abuse and neglect laws are under the jurisdiction of local law enforcement. This means that only local law enforcement has authority to take action regarding an abused or neglected animal. There may be other agencies that investigate complaints regarding animal abuse and/or neglect, but those agencies do not have authority to enter someone’s property without permission or seize animals from harm’s way. They must work with local law enforcement when action is needed. If you have not already done so, it would be a good idea to get to know your local law enforcement officials and determine which official is tasked with animal complaints. Clients who come to you with concerns of neglect or abuse should be made aware that there are a number of exemptions to the law, including practices which are considered normal and accepted among various professions, industries, and the public. The exemptions can be found in 578.007, RSMo and include such things as veterinary care under the provisions of the Missouri Veterinary Medical Board; scientific experiments under the auspice of IACUC; hunting, fishing or trapping under the provisions of the Missouri Department of Conservation; rodeo practices accepted by the PRCA; normal or accepted farm animal husbandry practices; and others. If the concerns of neglect or abuse seem valid, your client should be encouraged to make a report with the local police or sheriff. Complainants should be willing to provide their identity and contact information, specific allegations, documents or photos which might substantiate their claims, and also names and contact information for any potential witnesses. It is unlikely that law enforcement will take action on complaints that are not of firsthand knowledge or that are given anonymously. There also may be instances in which you suspect abuse or neglect. In those instances, you should yourself make a report to the local police or sheriff. Be prepared to provide any and all documentation showing evidence of the suspected abuse or neglect upon request from law enforcement. You should not present any records or other privileged documents until and unless they are requested by law enforcement. As a basis for reference, a person commits the offense of animal neglect if he or she: (1) Has custody or ownership of an animal and fails to provide adequate care; or (2) Knowingly abandons an animal in any place without making provisions for its adequate care. A person commits the offense of animal abuse if he or she: (1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030; (2) Purposely or intentionally causes injury or suffering to an animal; or (3) Having ownership or custody of an animal knowingly fails to provide adequate care which results in substantial harm to the animal. It’s important to note that law enforcement officials are tasked with investigations, but there may be those instances in which they would rely upon a veterinarian to assist during case development. If you are sought out by law enforcement for this role, it is important that you be ready to leave written recommendations for adequate care as defined under law. Adequate care is defined as, “normal and prudent attention to the needs of an animal, including wholesome food, clean water, shelter, and health care as necessary to maintain good health in a specific species of animal.” It is important to provide your recommendations in writing so that if conditions aren’t improved, there is
documented evidence that the owner was made aware of the issues and what could be done to correct them. If the issues remain ongoing, and no attempts have been made by the owner to correct them, this helps to build a case in instances when a warrant may be sought to remove the animal(s) from the situation. In some circumstances, it may be warranted to seek removal of the animal(s) in a timely fashion. In this instance, law enforcement will rely on your opinion as an animal welfare expert of the animal’s condition for probable cause in seeking a warrant for seizure of the animal(s). If this is the case, it is extremely important to document in great detail what you saw that led to your opinion that the animal(s) was/were suffering and needed to be removed. The better and more detailed your report, the less likely you will be called upon to provide testimony should the case go to trial. You may rely upon photos for documentation and recollection. If you do, every photo (or a copy) taken from the scene must be provided to law enforcement. If you are called upon as an expert witness, preparation is key because you may be asked to make a determination based upon the facts presented at trial. It is important that you ask to review all documents in advance of any legal proceedings. When being examined, be honest, factual, and to the point. Only answer the question that is asked and pause before answering to gather your thoughts. Try not to offer more information than is requested. As an expert, it is your role to bring clarity to any controversy, so stick solely to the facts of the case at hand. Legal counsel should offer you the opportunity for practice before trial to prepare you for the stand. And again, the better your documentation, the better your case.
Veterinarians take an oath to protect animal health and welfare and prevent animal suffering. Veterinarians can play an important role in animal abuse or neglect cases while at the same time adhering to the oath by maintaining a familiarity with the laws and having a plan in place if presented with a potential case of animal abuse or neglect. Keep a list of important contacts and resources readily available. Reach out to local law enforcement officials to develop relationships which may prove to be valuable in a time of need. Above all, trust your training and understand the responsibilities of animal owners, law enforcement, and the veterinary community.
Available to ship today! BUPRENORPHINE
0.5 mg/mL, 10 mL or 50 mL
INJECTION SOLUTION
Tested for potency and sterility Manufactured following cGMP, the same regulations used by pharmaceutical companies Available for hospital administration
Call to order today! 888.508.5032
THE FUTURE OF COMPOUNDING IS MANUFACTURING™
FDA Registered Facility
