i have a legal question about dogs. do you have any lawyers who can help with that? I found a stray dog and contacted a rescue group, who paid to have her spayed and chipped with their information. I was only going to keep her until they could find a foster home for her. Too late, I discovered that i was going to be the foster home. When the dog proved very difficult, i asked them repeatedly to find her another foster home, which they did not do. Then my niece decided to adopt her. she has had her for 4 months and has made great progress with training her. When she took the dog, the rescue group had asked for paperwork to be signed, which didn't get done because we were seeing if the dog was going to be able to stay there. The rescue group was mad because we didn't wait for them to get around to doing the paperwork to transfer the dog to her house. She needed the dog to come there on the day after Christmas so that she would have a week's vacation to train her. Now the dog has grabbed the wrist of a neighbor and tore the skin. None of think she did it on purpose, but my niece doesn't want to keep her now. The neighbor is fine, and is very upset that she thinks the dog will have to leave (or worse) because of what happened. but my niece doesn't want the liability and the fear that the dog might (even accidentally) hurt someone else. What is our legal responsibility with this rescue group? How can we either get them to take the dog or release us from their umbrella so that we can do what we need to do?
Country relating to Question: United States
State (if USA): Illinois
We have contacted the rescue group to see if they will take the dog back, but they won't. Also, the dog is in Indiana but was found in Illinois. the rescue group is in Illinois. They do have an agreement that is with Indiana.
Hi and thank you for using JustAnswer!Please clarify: do you have a written contract with the rescue group?
I filled out a foster application with the rescue group. My niece doesn't have any paperwork on file with them.
Thank you. What is your obligation to the rescue group?
that is the question. I have been told by another rescue group that once a group takes a dog under their umbrella, they are responsible for it forever, but in this case, they don't seem to be willing to do what they need to do. I am going to copy and paste the e-mail that they sent to my niece in here. Hi Carrie, Nancy contacted me today about Lucy and a neighbor. I do not have any details except that it happened yesterday and the neighbor entered your yard and Lucy bit someone. I do not know under what circumstances or how the neighbor is. I do hope that they are ok and if possible we would like to get the details from you on the way it happened. I myself am not a trainer, so I have cc'd Debbie and Karen who are and then Janey as she is on the board, and Nancy so she knew our response. Today you called Nancy for us to come and pick up Lucy. I have been trying to get in contact with you about foster paperwork first and then Adoption paperwork after you emailed that you would like to keep her. I sent several emails with both the foster and then adoption contract prior to this email. I also left a message or two for you. I was in Crown Point a few weeks ago and tried to make arrangements to meet, so when that did not happen, I suggested you come to the Petsmart for our adoption event May 5th & 6th. Your response is below. Carol approached us about Lucy. She found her as a stray and wanted to foster her with our help. We told her would help her. I believe Debbie worked with her and I know that Nancy talked with her and worked with her a great deal. Then without it going through the proper process, you wound up with Lucy. I started to contact you at that point to get foster paper work done. We offered free training with Debbie but you would not travel. Karen has said that she tried to contact you as well with no response. At this point we all just need to move forward. I have attached both an adoption and foster contract for you. If you want to keep her and arrange for training we have a new person that does go to people homes. Christine XXXXX. If you want her rehomed then I will need you to get the attached foster contract back to me. Then we will need current pictures and a bio of her. We will need you to post her out on FB and get her to events to help get her rehomed. We do not have the ability to just come and pick up dogs. We need the homes to work with us to help make this happen. I know this has been an unusual circumstance and honestly you are the only home that we do not have paper work on a dog that has gone through our system. I do hope that we can start to work together from this point on to find the best home for Lucy whether it is your or someone else.41022.0198964468
Has a foster contract already been signed?
Below is the foster contract that I filled out. Nothing else has been filled out by either one of us. their website is rescueapittie.org I have been on it and can't find what my level of obligation is. Please fill out the following application. There is a “Captcha” verification image at the bottom of the application. You MUST fill out the verification image or your application will not submit. If you cannot read the text, there is a blue refresh icon to the right of the verification image. Click it to get a new one. Verify the text, and then click the “Submit” button to complete your application. Which dog(s) are you interested in fostering? Have you or anyone in your home ever been charged with a felony? Yes No Have you or anyone in your home ever been charged or cited for any type of cruelty or neglect to an animal? Yes No Name: Home Address: Phone Number: Alternate Phone Number: Email Address: Driver's License Number: Driver's License Issuing State: How did you hear about It's a Pittie Rescue? List names if possible. Birth Date: Occupation: Employer: How many years have you been in your current position? Previous Employer: How many hours a day will the dog be left alone? Do you rent or own your home? Rent Own Years at current address: If you have been at your current address less than one year, please list your previous address: If you rent, please provide your landlord's name and contact information. If you have a written lease, would you be able to provide a copy? Yes No Has your landlord consented to you adopting a dog? Yes No If your community has a Home Owner's Association, please provide the name and contact information. How would you describe your activity level? Who else resides in your home with you? Does everyone in your home approve of you fostering a pit bull/bully breed? Yes No Does anyone in your home have allergies or asthma? Please provide detail. List all other animals in your home. Are all of your animals up to date on vaccinations? Yes No List any other animals you have owned in the past 10 years and where they are now. Have you ever abandoned or surrendered an animal to a shelter/rescue, police station, or person? Yes No How long are you able to provide a foster home? Name and phone number of your veterinarian. What would cause you to return your dog to It's a Pittie Rescue? Please detail how you would deal with these common dog behavior issues. Excessive barking: Chewing: Marking or urinating in the house: Jumping on people: Digging: Nipping or mouthy behavior: What is your experience with fostering? Are you currently fostering any animals? If so, for what rescue(s)? Please provide 4 references, with 2 being unrelated to you. Help It's a Pittie control spam! Please enter the verification text. Please click the submit button ONCE and wait for on-screen confirmation. cforms contact form by delicious:days Share this: Email Facebook PITTIE PAGES Click here to see available dogs! Click here to apply to foster a dog! Click here to apply to adopt a dog! HEALTHY HOUNDS Stop by Healthy Hounds Canine Nutrition Center & Boutique to peruse a wide variety of quality dog and cat foods, treats, and toys! Healthy Hounds is generously donating 1% of their sales to It's a Pittie Rescue every month. Every time you stop in to buy a couple cans of food or some yummy treats for your best friend it helps a dog in need. The knowledgeable and friendly staff at Healthy Hounds would be happy to answer any questions you might have about what to feed your animal friends. Your pooch is welcome inside the boutique! Please stop by when you can! DONATE UPCOMING EVENTS Dream Bead Design - Ongoing Dec 5, 2011 Chicago Lake County Pet Expo May 19, 2012 Crown Point Windy City Pet Expo Jul 21, 2012 Villa Park all events FACEBOOK XXXXXXXXXX XXXXXXXXXXXXXXXXXX Phone: (XXX) XXX-XXXX Fax: (XXX) XXX-XXXXXXX@XXXXXX.XXX We are a 501(c)3 tax-exempt, Not for Profit Corporation registered with the State of Illinois and licensed by the State of Illinois Department of Agriculture, Bureau of Animal Health and Welfare Theme: Coraline by Automattic Proudly powered by WordPress.41022.0210951042
The facts that you've described suggest that there is no existing contractual legal obligation. The rescue group cannot be forced to take the dog if they don't want to. Thus, the person who possesses the dog can do whatever they want.It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied.
at this point would you just move forward with no contact with the rescue group or actually try to get them to release any obligation with them formally?
If there's no contract in place, there's no need to continue any dialogue with them. There's nothing to be released. One can do whatever they want with the dog.
because they paid for her vet bills and her food, and have her on their website, even though they don't seem to want to take her, i feel like their wrath would come down upon us if we take matters into our own hand. i just read their adoption contract. it is below. it's very specific XXXXXXXXXX XXXXXXXXXXXX Phone: (XXX) XXX-XXXX Email:XXX@XXXXXX.XXX www. Rescueapittie.org Animal Shelter License No. XXXXX ADOPTION CONTRACT ADOPTION DONATION SCHEDULE: PUPPIES UP TO 6 MONTHS $300 DOGS 7 MONTHS TO 12 MONTHS $250 DOGS 1 YEAR AND OLDER $200 Additional donations are always appreciated!!! It's A Pittie Rescue ("IPR Rescue") and Adopter, ______________________________ agree to the following terms: 1. __________________________________, hereinafter referred to as "dog" is being transferred to me as the adopter and owner. I am taking possession of the dog to treat and to be responsible for, as my own dog. My address, phone number and email listed below are correct and I will keep IPR Rescue informed as to any changes. 2. The dog will be treated as a family member with loving care and affection. I will do my best to ensure the dog's safety and well‐being. I will feed the dog at least twice a day and will provide a fresh supply of water at all times. 3. The dog will live inside my home and will not be isolated from the family. I will walk my dog on a leash or exercise my dog in a fenced yard daily. I will never let my dog run loose or roam, keep my dog chained or tied up, keep him continuously in a yard, garage, patio, balcony, or pen, or leave my dog outdoors, even in a fenced yard when no one is at home. I understand that crate training is an essential training method and I will use crate training methods as described to me by my IPR Rescue volunteer. 4. I will not physically alter my dog, including through elective surgery, such as debarking, having the dog's ears cropped or tail docked. I will never allow any physical, mental, or emotional abuse of the dog. 5. If not done, I will have the dog spayed/neutered and micro chipped by ____________________ and will bring the dog to the IPR Rescue's veterinarian for spay/neuter on the date set by IPR Rescue. If I chose to have the dog spayed/neutered by another veterinarian, I will immediately advise IPR Rescue and I understand I will be completely responsible for any and all costs of said procedures and will forward proof of same to IPR Rescue immediately. I will take the dog to a licensed veterinarian every year for a checkup, heartworm test, and keep all immunizations current. I will give my dog heartworm and flea/tick prevention medication year round unless otherwise advised by my veterinarian. I will ensure prompt treatment by a licensed veterinarian for any illness or injury. Failure to comply with these requirements will result in the immediate return of the dog to XXXXXXXXXXXX. 02/06/12 version ktb 6. I affirm that no member of my household has been charged or convicted of a animal welfare law violation such as neglect, cruelty, Abandonment etc. and I shall notify IPR Rescue if that changes. 7. I will ensure proper licensing of the dog and will attach the appropriate license tags, rabies tag, and personal identification tag to a flat, buckle collar to be worn at all times. I will ensure compliance with all applicable local and state statutes and ordinances. 8. I am adopting the dog for myself and I agree to not give it away, sell, or trade my dog, even as a gift to a friend or family member. I will neither take the dog to a shelter nor abandon the dog. I understand that I must notify IPR Rescue, without delay, if I can no longer care for or keep my dog and agree to give IPR Rescue reasonable time to rehome my dog or place my dog in an approved foster home, if available. If an approved foster home isn't available I understand that I will be liable for all costs and fees for boarding the dog until an approved foster home has an open spot for the dog. UNDER NO CIRCUMSTANCES WILL I HAVE THE DOG EUTHANIZED (UNLESS IT IS A PALLIATIVE CARE MEASURE, TO BE VERIFIED BY A LICENSED VETERINARIAN), TAKEN TO A SHELTER, ANOTHER IPR RESCUE OR ABANDON THE DOG WITHOUT NOTIFYING IPR RESCUE. IF THE EUTHANIZATION IS A PALLIATIVE CARE MEASURE, I WILL ONLY HAVE THE DOG EUTHANIZED BY A LICENSED VETERINARIAN, TO BE PERFORMED IN A HUMANE MANNER. 9. I must notify IPR Rescue of any behavioral problems that have occurred at any time before I return my dog and I agree to pay for a professional trainer's evaluation in the case of biting or aggression, prior to a return. 10. I agree to accept responsibility and ownership of the dog at my own risk and I release IPR Rescue, its officers, board of directors, volunteers, and agents from any and all liability arising out of possession and ownership of my dog. I agree that I am assuming total financial responsibility for my dog as of the date of this contract. IPR Rescue and its agents will not be held responsible for any damages or expenses (veterinary or other) incurred by me. 11. I agree to take the dog to IPR Rescue approved obedience training classes as a puppy, and/or as an adult. 12. In the event the dog becomes lost or dies, I will immediately notify IPR Rescue. 13. The dog's known background and medical history have been discussed with me. I understand that IPR Rescue has made no representation concerning health, condition, training, behavior, or temperament of the dog. 14. I agree to permit IPR Rescue to make inquiry about and enforce any of the above conditions and requirements at any time after adoption. This can include visits to my home and contact with my veterinarian. I UNDERSTAND THAT FAILURE TO COMPLY WITH ANY OF THE ABOVE PROVISIONS WILL RESULT IN FORFEITURE OF THE DOG TO IPR RESCUE. 15. I understand that by voluntarily signing this agreement, I am entering into a legal and binding contract with IPR Rescue. If IPR Rescue determines that I have breached any of the terms of this agreement, I agree to pay a $2,000 Restitution fee and a minimum of $500 in damages, for each instance of a violation. If I do not voluntarily pay the damages requested by IPR Rescue, I understand that IPR Rescue will, in its sole discretion; pursue any available legal remedies to effectuate payment of the damages. Additionally, I waive any challenge to venue and agree the appropriate venue is the State of Illinois, County of Cook. I agree to accept service of the process by certified mail to my most recent address on file with IPR Rescue and specifically waive any right to receive personal service. 16. I have received a copy of the Disclosure for this dog and marketing materials for ShelterCare and 24PetWatch. To be eligible for the free 30 days of coverage from ShelterCare, I understand I must provide a valid email address I will not be eligible to receive this offer from ShelterCare. I understand I may need to check my spam folder to receive the email regarding this offer and I will hold IPR Rescue harmless if I am unable to receive offer for any reason. 02/06/12 version ktb ADOPTER: _______________________________________________ Dog _______________________________________________ DATE: EMAIL ADDRESS: APPROVED BY XXXXXXXXXXXXXXXX VOLUNTEER SIGNATURE EMAIL ADDRESS: XXXXXXXXXX.41022.0228300116
Thank you.If you signed that contract then you are bound to its terms. I hope this helps to clarify what, and the extent, of your obligations.
Explains legal matters based on 14+ years experience.
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