# Question for rescues



## sharlin (Feb 26, 2007)

I'd sure want to see some paperwork---some vet records, pictures, etc---and I wouldn't be bashful about asking for reimbursement for any costs.


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## Old Gold Mum2001 (Feb 25, 2007)

Wow, least someone WAS looking for their pet. I'd make owners re-pay any amount your rescue has put into this dog.

(MaeMae is proned to ear infections, and has lymes, has been totally vaccinated for it since I've had her, but still tested +)

and a 2 day hold is not that long


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## MyGoldenCharlie (Dec 4, 2007)

The dog was found 10 days ago, we have had her for 5 days.
Not sure how this is going to pan out..will let you know!


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## Dallas Gold (Dec 22, 2007)

You need to check the laws regarding holds in your state. Here in Texas we have 72 hour holds except under emergency situations. It also depends on whether the Humane society is required to follow state laws regarding holds. Technically the dog is personal property and is the property of the original owner, unless the humane society/rescue can rely upon state laws regarding strays that the shelters are governed by or they can prove abandonment under common law (involves litigation). You need to have an attorney familiar with your state and municipal laws to advise you. What goes elsewhere in the nation may not go in your jurisdiction. We've had this situation arise. In one case the dog was returned and the owner voluntarily paid for the veterinary treatment the dog received when in the rescue's care. In another case the owner reclaimed (due to the shelter releasing early to rescue) but they did not pay for the medical costs. In one very early case in our rescue the owner was strongly advised to release the two dogs to the rescue or face criminal actions by the authorities (long story, involving abuse). You've got to consider the law and also how the public perceives these types of situations. In our area we have a local newspaper columnist who loves to write derogatory stories about rescues and in a couple of cases this type of situation has been written about (not my rescue thankfully).


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## Faith's mommy (Feb 26, 2007)

two days is a really short hold - unreasonably so imho.


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## mylissyk (Feb 25, 2007)

As long as the shelter followed any applicable laws on how long they have to hold the dog, and then did proper paperwork turning the dog over to the rescue, legally the previous owner has no claim to the dog. Though it can get sticky if they can prove ownership.

If the shelter followed applicable laws they technically have no obligation to the previous owner to even tell them where the dog went. Has the shelter already told the owners the rescue has the dog?


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## Frenchy (Jun 1, 2008)

mylissyk said:


> As long as the shelter followed any applicable laws on how long they have to hold the dog, and then did proper paperwork turning the dog over to the rescue, legally the previous owner has no claim to the dog.


 Exactly , if you signed a paper that says the shelter has release the dog to your rescue , the dog would now belong to the rescue.


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## gold'nchocolate (May 31, 2005)

I would be devastated if my dog was lost and was then turned over to a rescue group who decided they didn't have to return her. There was a member on the lab forum that looked for her lost dog for around 6 weeks and she was finally found. The dog had spooked on a walk in the city and took off running. I also remember when Kimm's neice/nephew lost their golden last year. I think it took around 3 weeks to find it.


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## Maggies mom (Jan 6, 2006)

Here we cant take them until after 10 days and the person who is turning the dog in has show proof they attempted to find the owners.


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## Dallas Gold (Dec 22, 2007)

In cases where the owner has been actively looking for the dog and can establish responsible ownership perhaps it is in the best interersts of the dog, the owner and the rescue to return the dog, especially if the dog is still in foster care and available for adoption. That disposition is obviously a case by case situation. Of course the most responsible thing any owner can do is get a microchip (with current contact information) in their dog so any veterinary office or shelter can scan and contact the owner. Most rescues microchip intakes almost immediately, meaning if the dog was found again after being returned to the original owner the rescue might be called first! 
I understood the original question concerned a humane society, which might not be subject to the same hold requirements as municipal animal shelters. In other words is the humane society in question like a rescue group and not subject to the same hold requirements the state has imposed on municipal animal shelters/controls? Here in Dallas our humane society is just like any other rescue. They have arrangements with the municipal animal controls to pull dogs from the shelters but as far as I know they don't have the same hold requirements shelters do for strays turned in by good samaritan finders. In that situation, a rescue group may not want to rely upon the humane society to establish "legal" ownership. That's why I advised consulting an attorney in the area for a legal opinion.


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## BeauShel (May 20, 2007)

My opinion on this is if the owner can show the vet paperwork for all vaccinations, pictures and will pay for any treatments that the rescue gave the dog, then I think I would give the dog back. Unless the dog shows some mistreatment. That way the space could open up for another dog. 
That is such a short period of time for holding a dog before releasing them for adoption or rescue. 
Good luck in making your decision on what to do.


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## Old Gold Mum2001 (Feb 25, 2007)

BeauShel said:


> My opinion on this is if the owner can show the vet paperwork for all vaccinations, pictures and will pay for any treatments that the rescue gave the dog, then I think I would give the dog back. Unless the dog shows some mistreatment. That way the space could open up for another dog.
> That is such a short period of time for holding a dog before releasing them for adoption or rescue.
> Good luck in making your decision on what to do.


Exactly, with all the rescues etc being so full, one would think a happy re-uinion would be the best way to go.


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## BobLoblaw (Nov 24, 2008)

My two cents - I am actually looking into this for a humane society in my area.

For the record - Under most property laws, dogs are considered personal property. That is to say, they are considered the same type of 'chattel' as a chair or a stereo system. When you lose a 'chattel' unintentionally, you still retain property rights to it. So, even if somebody rescues the dog, they only have better ownership to the dog against anybody in the world EXCEPT the rightful owner. 
The only possible way to override this (known as the finder's rule) is to prove abandonment. Abandonment of property strips somebody of their right to property. This would be tough to prove in the absence of some good evidence. Most people could probably make a pretty good case that they didn't intend to abandon the dog. Keep in mind, this isn't the usual meaning of the word 'abandon' that dog-lovers are known to use.
Finally, it was a well-made point earlier that proof of animal neglect is important. If an owner comes back for the animal but you can prove that the animal has been mistreated in a way that would contravene that law in your jurisdiction - you could threaten them pretty easily with that fact to get them to relinquish custody of the animal.


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