Allow owner-return or deny request?

Question

I have an 8 month old Boxer/Shepherd and her 14 puppies in my foster right now. The dog and litter were owner surrenders to the animal shelter for two reasons-the lady didn't want puppies to deal with and she was going on vacation and didn't want to take the puppies and didn't want to pay boarding. Well here we are 5 weeks later and she called the shelter wanting the mother dog back now that she's home from her vacation and the pups are old enough for us (the shelter) to place in homes, so she doesn't have to deal with them anymore. As an animal rescue, it's my job to make sure every animal placed in a home is going there indefinetly. I need reassurance that the dog will not be returned to me, become a stray or returned/picked up by animal control. I don't have that with this lady. But perhaps she'd be willing to follow my adoption policy and if not I can sue her for breach of contract. But I still have to consider the welfare of the dog. In my position, would you return the dog???

Well here's the thing....she was a GREAT dog owner. I spoke with her vet who said in 6 months he saw this dog more than he sees most dogs in a lifetime. Regular grooming, monthly flea/tick preventative, heartworm preventative (and treatment), the list goes on. But for some reason she wouldn't spay and didn't want the puppies. Evidentally she had planned on taking the mom dog with her on vacation but wouldn't because of the puppies. She could have surrendered just puppies, which would have said I don't care about them, but instead she surrendered them with mom so they could nurse (which says I care enough about puppies). So she just wants mom back (which could say I care enough about the pups to know I can't take care of them but you can find someone who can). And yes, our adoption contract REQUIRES spay so once she's spayed there's no possibility of this happening again. So do I assume she'll continue to get the treatment she had been getting before pups came along?

To the 11th poster--I am a private rescue group that adopts mothers with litters, cares for them and then rehomes them. This lady surrendered the dog to the shelter (where she was given the legal 7 days to reclaim) and then the dog was put up for adoption. She signed her rights away and on day 8 I legally adopted this dog and her puppies. So she and them are legally mine. My adoption contract will give all rights to the adopter EXCEPT the dog will still legally be mine (so if I feel the situation is no longer working out I can legally reclaim it). So yes, everything will be in the end what you suggest. BUT my concern is would returning her, even knowing all my grounds are covered, be the right decision?? I'm really torn between this but right now my decision is no.

Answer 1

In your position, no, I wouldn't return the dog. It doesn't sound like she's the most responsible of pet owners, and like you, I'd be worried that the dog is only going to come back to you next time it poses an inconvenience to her. That she allowed such a young dog to become pregnant worries me as well...

I'm not sure where you stand legally though. The shelter I work for requires anyone surrendering an animal to sign a release type form acknowledging that the shelter is now the legal owner of the animal, so that there are no hassles if they change their minds later on. If your shelter has anything like that, I think you'd be on safe ground in NOT returning to dog to her. Otherwise, I'm not sure.

Our situation is a little different to yours- we deal only with donkeys/hybrids, and any animal rehomed remains a shelter animal so that we can remove it from the carer if they don't stick to the terms of their contract- but perhaps you can come up with something similar for this particular case if the woman makes trouble.

If you haven't got any of the above to work in your favour, I would initially refuse to return the dog to her- explain to her that surrender means that she's given it up and has no right to demand it back, and as you say, that your job is to make sure that an animal is placed in a secure home.

If she really makes difficulties for you, I guess you could seek legal advice. There is the odd person around who will give free initial advice to charitable organisations, so perhaps someone like that could help you work out where you stand.

Good luck anyway. There are far too many people around who just shouldn't be allowed to keep animals, and they always cause trouble...

IN RESPONSE TO YOUR UPDATE...If you're covered from a legal standpoint, and your gut feeling is to NOT return the dog, go with your gut.

Answer 2

OK IMO if you adopted the dog from the shelter and the lady took excellent care of her till she got pregnant and didn't want the puppies to deal with this is what I would do. I would let her have the girl back BUT she would be spayed BEFORE I let her go back to the lady. I think that pregnant, puppies, vacation that she was gonna take the dog with her on (until she got pregnant) all indicate to me that she may have been overwhelmed. Yes, she took the easy way out but.....I think and I think you think that she was was a good owner. The only way she would get the dog back is if she was spayed and I would tell her that. Rescues ALWAYS spay or neuter the animals before they adopt them out.
Stick to you guns. If she doesn't want the dog spayed, then she doesn't want the dog period......... You sound like a very good person who has the best interest of the animals at heart. Follow your heart.

Answer 3

NO WAY. I have worked for the Humane Society in the past, and one thing a dog doesn't need is a fair-weather owner. She can't deal with puppies, but did she bother to spay the dog? NO! She didn't want to pay boarding fees, so do you think she will pay for spaying, vaccinations, heartworm test, etc, that cost hundreds of dollars every year? NO! And what if the dog gets sick, or injured? Do you really think she will hang in there for the duration? I don't think so.

A pet can be a 20 year commitment. ( I know, I've got a cat who will be 20 soon.) This woman is not commitment material. She should not be allowed to have a goldfish, let alone a dog.

Answer 4

With the reasons why the lady didn't keep the dogs, I find it very hard that you would even consider giving the dog back to her. Going on vacation is a pretty poor excuse to not want to take care of a new litter of puppies that that lady is fully responsible for. I believe that with her track record, you should find a good home for all of the pups and a REALLY good home for the mother. You can usually trust your gut on those kind of things and I think that you know you should just not give the mother dog back.

Answer 5

I would deny her request for mama dog. Every animal deserves a good, safe, loving home. I don't want to badmouth the original owner, however she should have been more responsible with her dog in the first place. If you're not willing to take the responsibility for a litter of puppies (i.e. care, finding them good homes, etc.) then have your pet fixed! It's not that expensive of a procedure, and there are a ton of groups out there that are willing to help if you can't afford it.

Even if she's willing to follow your adoption policy, I don't think you should honor her request for this dog back. Legal battles are stressful and expensive. Frankly, I think you'd have much less frustration avoiding that and just taking care of mama dog and pups. Btw, from all of us pet lovers, thanks for being willing and able to help out this dog and her pups. I hope they find wonderful homes soon.

Answer 6

That's a tough one. I'm not sure what I'd do if it were me. But common sense seems to say that this lady is obviously not a responsible pet owner and the dog should not be returned to her. If she's not willing to pay for boarding, what's going to happen when the dog is sick? She won't be willing to pay for vet bills. Do you think you would be able to find a better home for the dog? I assume it will be spayed before it is placed anywhere.

Answer 7

I wouldn't return the dog to this owner. No way. She's already proven herself to be an incompetent dog owner by not having this animal spayed in the first place, not to mention putting the dogs into rescue instead of caring for them like a responsible adult. Forget about her. The dogs deserve better than this.

Answer 8

No way should she get this dog back. No way! She allowed her pup to get pregnant and then dumped her so she wouldn't have to deal with the consequences. This mother dog should never have been bred so young, and not at all. She was an irresponsible pet owner. There should not even be a question of whether she should get the dog back. Once she gave it up, she relinquished all rights to her forever.

Answer 9

a couple of red flags raised as i read your question, (1) the owner allowed her 8 mo. old mix get pregnant (i'm going to assume that she was not bred) (2) she didn't want the responsibility of the dog and her puppies due to a conflict of the owner's plans, (3) now that it's more convenient, she's willing to take the mother dog back.....i don't know, it doesn't appear that she is a conscientious pet owner. in too many ways she was negligent, and in that position i think i would want to err on the side of caution. every situation is different, of course, and i wish you the best on your decision. i'm glad you are concerned.

Answer 10

If she surrendered the dog then I would think that the shelter, or you, should have every right to deny the woman.

Good luck. I hope you get to keep the dog or at least adopt it out to someone who cares.