Virginia Regulatory Town Hall
Agency
Department of Agriculture and Consumer Services
 
Board
Department of Agriculture and Consumer Services
 
chapter
Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals [2 VAC 5 ‑ 115]
Action Promulgate regulation required by Chapter 319 of the 2016 Acts of Assembly
Stage Proposed
Comment Period Ended on 12/14/2018
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54 comments

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12/2/18  10:27 am
Commenter: Waneta McKinney/Alleghany Humane Society

SB 1381 Metric
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

CommentID: 68813
 

12/2/18  11:03 am
Commenter: Alice O'Connor, VA Federaion of Humane Societies 'High Five' program

SB 1381
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust. 

CommentID: 68814
 

12/2/18  1:17 pm
Commenter: Friends of Russell County Animals

SB 1381
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

Charlene Farthing

President of FRCA

CommentID: 68815
 

12/2/18  3:10 pm
Commenter: Debra Griggs - Virginia Federation of Humane Societies

Please include a metric
 

Please include a metric in the final version of 2 VAC 5-115.  The original draft regulations proposed by VDACS had a 50% benchmark in them.  During last year's public comment period the number of organizations/citizens who asked that a metric be included was nearly three times greater than those who did not want a metric.  The currently proposed regulations have no metric, are general in nature and will not be effective in realizing the intent of SB 1381 which passed by a supermajority in the 2015 General Assembly session and enjoyed tremendous public support.  The final regulations should require that a private animal shelter adopt out (or transfer out for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  The metric would be very simple to implement because each shelter and rescue (including private shelters) must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions is the number of adoptions, so the information is already provided to VDACS.  Please include a metric in the final regulations to ensure that all private shelters in Virginia are the safe haven for homeless pets the General Assembly intended and the public trusts them to be.

CommentID: 68818
 

12/2/18  5:09 pm
Commenter: The Loudoun Community Cat Coalition

Please include a metric
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

CommentID: 68819
 

12/2/18  6:28 pm
Commenter: Melony Ellington, Rainbow Animal Rescue

Include Metric
 
Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.” The currently proposed regulations do not include a metric. A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support. The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care. All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care. This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements. Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year. One of the specific dispositions tracked is the number of adoptions. Therefore, VDACS already has this information readily available. I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.
CommentID: 68825
 

12/2/18  7:07 pm
Commenter: Suzanne Auckerman, Anicira Veterinary Services

VAC 5-115
 

Please include appropriate metrics. 

CommentID: 68826
 

12/2/18  7:13 pm
Commenter: Gloria Haislip, Animal Resources of Tidewater

Include metric for VAC 5-115
 

The currently proposed regulations do not include a metric. The final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Per manent Adoptive Homes for Animals”  should include one.  A metric is needed to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custod y each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

CommentID: 68827
 

12/2/18  9:56 pm
Commenter: Kristin Stanley

2 VAC 5-115 Metric
 
Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care. This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.
CommentID: 68829
 

12/2/18  10:15 pm
Commenter: Susan Corbitt Animal Resources of Tidewater

Include metric fo rVAC 5-115
 


Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Per manent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custod y each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.
 

CommentID: 68830
 

12/3/18  7:38 am
Commenter: Kimberly Owen, Volunteer for Feral Cat Rescue

Include VAC 5-115
 

 

Include metric fo rVAC 5-115


Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

CommentID: 68831
 

12/3/18  9:40 am
Commenter: Gina Marie Lynch, Humane Society of Fairfax County, Community Outreach Mgr

Include Metric in Regulation
 

Board Members:

I am writing on behalf of the tens of thousands of adopters, donors, volunteers and supporters of the Humane Society of the Fairfax County.  Throughout our 53 years of serving the animals in our community,  we have worked tirelessly each and every day to ensure that they are cared for until their new families come to welcome them into their new, loving home.  That is what our community expects from an animal rescue group – caring for animals, not euthanizing them because their time is up.  In 2015, Senate Bill 1381 established that the purpose of an animal shelter is to find homes for the animals in their care.  Virginia is nationally viewed as extremely animal friendly and progressive in many of its animal welfare laws.  We must continue to maintain this high standard and ensure that every shelter works to ensure that they are adopting out every animal except when circumstances are extreme.  The goal should be adoptions well into the high 90 percent.  The only way to ensure compliance is to include a means of measurement – a metric – in the final regulation by which all shelters must adhere to.  No shelter should be allowed to kill the majority of animals that walk through their doors.  Only one organization Virginia does and it should not have the privilege of being called a “shelter.”    Animal shelters by their nature are places of kindness and compassion – not a killing zone.  Please ensure that you insert the component of a metric so that adoptive animals – regardless which shelter in which they are taken – allow them to find their forever homes.  Thank you for your courage in guaranteeing that Virginia is for animal lovers.

Respectfully

Gina Marie Lynch 

 

 

 

CommentID: 68832
 

12/3/18  9:53 am
Commenter: Judith Harvell, Animal Welfare League of the Northern Neck, Inc.

Please include a metric in the final version of 2VAC 5-115-Protect SB1281 Insist on compliance by al
 

Why should one be excluded from passed laws?  Our job is to protect all animals from all shelters, all people and all rules.

CommentID: 68833
 

12/3/18  9:55 am
Commenter: Joyce Page

Please include a metric in the final version of 2VAC5-115
 

CommentID: 68834
 

12/3/18  9:57 am
Commenter: Joyce Page Shirley Perkins Memorial Fund for Animals

Please include a metric in the final version of 2VAC5-115
 

CommentID: 68835
 

12/3/18  11:19 am
Commenter: Teresa McKinney

Please include a metric in the final version of 2 VAC 5-115
 

 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 . 

CommentID: 68836
 

12/3/18  11:29 am
Commenter: Lisa Kirk

Metric 5-5115 SB 1381
 
Type over this text and comments here. You are limited to approximately 3000 words.
CommentID: 68837
 

12/3/18  12:13 pm
Commenter: Donna Essig, President, Franklin County Humane Society Inc./Planned Pethood

Include Metric in 2 VAC 5-115
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

 

 

CommentID: 68839
 

12/4/18  2:02 am
Commenter: Beth Harris

Please include a metric in the final version of 2 VAC 5-115
 

TyPlease include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.” The currently proposed regulations do not include a metric. A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support. The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care. All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care. This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements. Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year. One of the specific dispositions tracked is the number of adoptions. Therefore, VDACS already has this information readily available. I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.pe over this text and enter your comments here. You are limited to approximately 3000 words.

CommentID: 68842
 

12/4/18  10:37 am
Commenter: Sarah Canafax

Please include this metric 1381
 
CommentID: 68843
 

12/4/18  12:25 pm
Commenter: Sarah Crawford, Animal Resources of Tidewater

Please include a metric in the final version of 2 VAC 5-115
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Per manent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custod y each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

CommentID: 68844
 

12/6/18  12:17 pm
Commenter: Stephen D. Haner, Black Walnut Strategies

Support for the Proposed Regulation - Legislative Intent
 

I am registered to lobby the Virginia General Assembly on behalf of People for the Ethical Treatment of Animals in Norfolk. I was retained during the 2015 General Assembly with the specific purpose of working on the proposed Senate Bill 1381, and from that point on was involved in all of the discussions and legislative actions.  I have a very different perspective from 2015 and 2016 than the one provided in today's publlc comment period by Senator William Stanley, one aligned with the witness Sharon Adams. 

The purpose of Senate Bill 1381 as introduced was to prohibit euthanasia by private animal shelters, and the original langauge would have accomplished that goal. Stanley said it to me, more than once. The focus was on the Norfolk operation run by my client, but they were an easy target for emotion-driven attacks due to a recent terrible mistake.  Every other private shelter was also a target of the bill and the overwhelming debate the developed around the bill would never have happened had not many other private shelters recognized themselves as targets.  You saw that in the hearing today - this is not just PETA under fire, but any open admission shelter. 

Once opposition to Stanley's bill had gelled, and its prospects in the House of Delegates started to dim, negotiations with Stanley led to a compromise.   The bill did pass overwhelmingly, but only because the compromise version was no longer a prohibition on euthanasia or other outcomes not considered "life saving."  In Virginia legislative intent is not the key issue, but the wording of the bill, and the wording of the bill as passed said private shelters must have a purpose of finding adoptive homes.  PETA has that purpose, does place animals for adoption regularly, and expressed support for the compromise legislation.  Those overwhelming votes on controversial matters only happen after compromise.  It is worth noting that the section of the code in question already talked about shelters being operated to find adoptive homes.  (In other words, as amended the new bill changed very little.)  Read the original bill and the final result for yourselves. 

There was no discussion during the 2015 session about any quota or metric being used in any regulation or enforcement tool.  That appeared out the blue in a draft guidance document within the department, and drew an immediate reaction. The intent of House Bill 340 in 2016 was very simple - kill that guidance document and force an open regulatory process, with all the stakeholders involved.  It was the use of a quota in the guidance document which sparked that reaction.  House Bill 340 was not requested by the "no-kill" movement, but was opposed by it.  

As previously noted, legislative intent carries little weight in Virginia, but to the extent it does the legislature adopted a compromise 2015 bill that did not prohibit or limit euthanasia, and then mandated a re-start on the regulatory process when a proposed quota was about to be adopted.  There is nothing in the record to support a quota system and plenty to indicate legislative skepticism.   

A key point did not receive enough emphasis at today's hearing.  There is a mandate in the proposed regulation, just not a metric.  A public shelter must actually place animals in adoptive homes, and if it places no animals it can lose its license .  That was the intent of the legislature, and my client can and will continue to comply because that is its mission. It is proud of that work, saving as many animals as it can. The problems and distortions that will result if Virginia imposes specific quotas on specific outcomes were well described by others at today's hearing. 

Thank you.  

CommentID: 68847
 

12/6/18  2:19 pm
Commenter: Barry McCabe, self

Requiring metrics are
 

CommentID: 68852
 

12/6/18  4:35 pm
Commenter: Stephanie Roullet, Animal Resources of Tidewater

Please include a metric in the final version of 2 VAC 5-115
 

ease include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Per manent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custod y each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

CommentID: 68854
 

12/7/18  3:46 am
Commenter: Barry McCabe, self

Requiring metrics will become a social arms race
 

Requiring shelters to use metrics to baseline their success is an incredibly bad idea.  What starts off as good intentions causes shelter management and staff to start doing very bad things in the name of achieving an arbitrary standard. 

 

As seen in several high profile cases involving Fairfax County Animal Shelter, Forever Homes and Rescue (Virginia Beach), the primary reason why that all of these shelters are releasing violent dogs is because of “performance metrics” and the arbitrary standards set their advocates set.   Adopting a dog out requires a community standard since most dogs spend much time interacting with other people and dogs.   The concept of performance metrics cause shelters to stop caring about the public welfare and to act in their own self-interest.  Simply go look on each of their Facebook pages and see them post about how humanitarian and wonderful they are, rank their adoption rates compared to everyone else, and suddenly, it a tool intended for good becomes a weaponized social arms race to see who has the highest % adoption rate while demonizing groups who have lower rates than them. 

 

The problem with applying metrics to animal sheltering and rescues is that if they cannot count what is important (doing what is best for the individual dog), they make what they can count become important (having a low euthanization rate). These metrics give us basic numbers and ratios.  They do not do is provide details about their entire operations.  As a result, these shelters act in their own self-interest and will shove every dog out the door and hope that the dog does not get returned or doesn’t attack or kill another animal.   

 

The use of metrics causes discrimination, too.  These shelters will cherry pick the good dogs that come through their doors, while leaving the dangerous dogs to the public shelters.  It’s become a epic social faux pas to have to euthanize any dog, let alone a dangerous dog, but these private shelters make an issue of it.    

 

Assuming that every public and private shelter get an equal intake population distribution of good and dangerous dogs, the private groups will cherry pick the good dogs, forcing the public shelters to accept the dangerous dogs.  Public shelter’s policies, known as “open access” (which is a fantastic policy), require the shelter to accept all dogs.  But this behavior results in the public shelters obtaining a disproportionate amount of dangerous dogs and having to euthanize more dogs.   To compound the situation, you have groups like Fairfax County Animal Advocates and other No-Kill cults members who have emotional temper tantrums at the thought of euthanizing a dog that has killed other animals or attacked a person and poses an imminent danger to the public.   So then what happens next?  The municipal shelter will A) the public shelter will destroy the animal’s records lies to the adopter and adopts out the dangerous dog, where the dog will either attack or kill another animal or person or B) the dog earns "frequent flyer miles" at the taxpayer’s expense and gets transferred to another shelter and the same situation repeats itself.   

 

In 2016, WUSA9 did 2 investigations into Fairfax County Animal Shelter (FCAS).  FCAS was discovered to have been adopting out several dangerous dogs who had attacked and killed other animals and attacked people.

 

Trusting the Russians for information is safer than trusting FCAS staff.  FCAS staff had lied to dozens of adopters about dogs histories, has destroyed animal history records, deleted animal histories in its IT system and all 3 of its directors, 2011 to 2016, who had been subjects of numerous Fairfax County Police Internal Affairs investigations were all forced to resign. Why? Their obsession with “save rates” while not euthanizing dangerous animals.  

 

In a slight twist of fate, 2 former FCAS directors fled to Austin Texas and within 2 years, were forced to resign because they only focused on metrics and disregarded public safety.  One of them now works in Pima County Arizona and this last summer, an investigation discovered that she had been adopting out several more dangerous dogs from her shelter and is now the subject of a pending lawsuit because a dog they adopted out tore off half of the adopter's face. 

 

Shenandoah Valley Animal Service Center (SVASC), located in Augusta County Virginia is guilty of giving dangerous dogs frequent flyer miles.  Between 2013-16, 153 dogs were transferred from SVASC to FCAS custody.  8% of the dogs transferred into FCAS had some sort of violent histories in their records, which included attacking and killing other animals, and another 16% had questionable histories (multiple returns).   Did FCAS disclose their histories to adopters?  No.  FCAS adopted them out anyway.  

 

Why does PETA have a high euthanization rate?  Ironically, PETA has become a shelter of last resort for dangerous dogs and does what is necessary for public safety.  Private shelters are more worried about their metrics than public safety, but will trash PETA to make themselves appear to be as righteous as Carrie Nation.

 

If we do metrics, we should open up all of the records for every private shelter that advocates for metrics and lets see if their dogs earned frequent flyer miles and went to other shelters or if they have ever taken a dog to PETA for euthanization.  Private shelters also do this to hide their #s. 

 

In the Margaret Colvin case (Virginia Beach), the pitbull that disemboweled and ripped the arm off of the 90 year old grandmother a couple hours after arriving home, had been scheduled to be euthanized in NYC for attacking a child.  Somehow, the pitbull ended up in 5 more shelters in 6 months prior to the 2 women who felt that they were animal trainers after reading Cesar Milan’s book (according to their website).  They adopted it out to one family, where the pitbull attacked a person, then was returned, and then Forever Homes adopted it out to Margaret Colvin’s family.

 

No 2 dogs are the same and each dog is a case by case basis.  Euthanization is a necessary evil.  Most normal people will agree that it they don’t want a dog that had previously attacked and killed other pets and people, to live in our neighborhood or to be in our community.  

 

Virginia Federation of Humane Society and the No-Kill cult will argue you that their hugs and kisses can solve cure a dangerous dog.  Unfortunately, many of these groups are more interested in partaking in the “cause du jour” and don’t care or have a vested interest in the long term consequences of their actions, but rather what is in their personal and immediate best interest. 

 

If we do want metrics, there needs to be extremely comprehensive that measure the quality of the these private shelters. 

Would these shelters be open to these comprehensive metrics:  

- Is there a metric to count how many dogs they rejected at intake?  No.

- Is there a metric to determine a count of many dogs they placed and stayed at an adopters home over a 6 month period without being returned?  No.  

- Is there a metric to count how many dogs that were returned to them?  No.    

- Is there a metric to count how many dogs that were transferred to other rescue groups?  No.

- Would these groups be willing to be held criminally liable if one of their dogs, who had a violent history, attacked an adopter or killed another animal?  No. 

 

I should all know about this this.  2 years ago, a neighbor adopted a pitbull that was adopted out 4 times here in Virginia (once out of SVASC and then three more times out of FCAS), had a history – it had killed an owner’s cat within an hour of getting home, attacked a dog while in FCAS custody, failed multiple evaluation exams and almost killed its 3rd owner.  Did FCAS tell any of the adopter this?  No.  FCAS lied to every adopter.  FCAS destroyed records.  FCAS gave him the royal treatment. 

That same pitbull proceeded to kill my sweet puppy and almost killed me.  It has left me with several hundred thousand dollars in damages, permanent spine damage and I had to have a $100,000 reconstructive shoulder surgery now have 6 anchors to my shoulder to stabilize it because I fought that pitbull to save my puppy’s life but ended up fighting to save my own life because Fairfax County Animal Shelter feels that metrics take precedent over public safety. 

CommentID: 68855
 

12/7/18  6:14 pm
Commenter: Jeff Smith DVM - Danville Family Vet

I do not support a metric in the regulations.
 

I do not think that a metric in the regulation would be helpful.  Shelters are known to manipulate their numbers by denying animals and shifting animals around so that adoption numbers and euthanasia numbers look more appealing.  Including metrics will just make a bigger mess of an already confusing situation. 

CommentID: 68856
 

12/8/18  8:10 am
Commenter: Kathleen Contratto

A metric should not be included.
 

I support the proposed legislation and believe a metric should not be included. 

CommentID: 68857
 

12/8/18  2:13 pm
Commenter: Diane Miller, Louisa County Animal Shelter

Please include a metric - 2 VAC 5-115
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

CommentID: 68858
 

12/9/18  9:43 am
Commenter: Melinda Seemar, Volunteer Norfolk Animal Care Center

No metrics
 

I live in Norfolk, Virginia.  I volunteer at the Norfolk Animal Care Center and have for almost three years.  I work with dogs.  Norfolk Animal Care Center is an open admission shelter and hopefully will remain that way.  At this time, the shelter takes in all animals that come through the front door.  A dog that has previously bitten its owner or even a shelter employee or volunteer, or sits in its cage and growls and lunges all day needs a different kind of home, not a family home.  If the people that vote yes for the metrics are able to come through the front door and take these animals instead of being idealistic that the animals will miraculously be healed of their aggressiveness,  then the shelter's work would be a lot easier. Basically, these unadoptalbe aggressive or unhealthy animals need to be put into an animal jail or hospice and the person that takes them would be the animal jailer or long term care center provider. I have not seen any of these kind of people come to the shelter to take these animals.   Animals are not a numbers game, voting for metrics turns their lives into a numbers game.  Animals are a animal by animal proposition.  Do not turn it into a numbers game. Trust, as I do, those employees in charge of making the tough decisions.   I VOTE NO FOR METRICS.  

CommentID: 68859
 

12/9/18  12:46 pm
Commenter: Kelly Duer

Please include a metric in the final version of 2 VAC 5-115
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care (the majority of Virginia's open-access, public shelters save over 50% of the animals in their care as well). This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custod y each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

CommentID: 68861
 

12/9/18  9:32 pm
Commenter: Melinda See, Advocates for Valley Animals

Metric Necessary for 2 VAC 5-115
 

A metric should be included in the final regulation as it would gauge that the private animal shelter is meeting the requirement intended in SB 1351, which passed resoundedly in the General Assembky in 2015. The regulation should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care. Thank you.

CommentID: 68864
 

12/9/18  10:43 pm
Commenter: Lynne Rhode

Revision needed!
 

 This requirement is meaningless without some clear,  quantitative standards. The spirit of the legislation is gutted by the current staff recommendation. Everyone knows it is meaningless as written. Please add some actual, numeric standards and reject anything that does not do so. 

CommentID: 68866
 

12/10/18  9:59 am
Commenter: Travis Shrewsbury, Alleghany Humane Society

Give SB1381 the metric needed to meet it's intended purpose
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

This was the spirit of SB1381 and it's intended purpose. Not to include this metric would be playing games with the intent of the Virginia Assembly.

CommentID: 68867
 

12/10/18  12:29 pm
Commenter: Ann Sasser Evans

SB1381
 

The proposed Regulations for Determining Whether a Facility Meets the Purpose of Fining Permanent Adoptive Homes for Animals should NOT include a defined metric.  To require a metric would do a disservice to all animals and to open admission shelters who strive so hard to take care of ALL animals.

CommentID: 68868
 

12/11/18  9:14 am
Commenter: Josie Kinkade, M.D.

Laws, like dogs, need teeth -- please include metric
 

Greetings:

 I have 20 years' experience with private and public shelters, and have studied management of strays extensively. What I have ultimately concluded is that a shelter can pay lip service to saving animals while euthanising 80 to 90 percent of them, while other, similar shelters, through the use of modern policies and procedures, save that many.

Please include a 50% metric. This is not difficult to achieve in the 21st century, and will help prevent the most egregious mismanagement.

Thank you for your kind attention.

Josie Kinkade

CommentID: 68871
 

12/11/18  2:13 pm
Commenter: Robin Robertson Starr, Richmond SPCA

Please do not adopt the proposed regulations
 

The proposed regulations are meaningless.If regs are to be enforceable, they must include clear, quantitative standards. The sections regarding advertising, foster care and transfer provide no quantitative parameters at all. In addition, the last of the "activities," which is having programs to keep pets in homes, has absolutely nothing whatsoever to do with adopting animals to permanent homes which is the focus of the statutory provision. The proposed regs disregard the clear intent of the General Assembly and the will of the people. Please add actual, numeric adoption perecentage requirements and reject anything that does not do so. 

CommentID: 68872
 

12/11/18  9:18 pm
Commenter: Blue Ridge Dog

There NEEDS to be a metric
 

These animals cannot speak for themselves. There should be no opposition especially by said group or groups.  I've worked in animal rescue and in spay \neuter. I find it necessary to be able to have transparency and accountibility.

CommentID: 68873
 

12/12/18  10:04 am
Commenter: Sonja Musser, individual

Metric needed to count lives saved
 

It is vital to include a metric in SB 1381 regulation 2 VAC 5-115 so that it can be determined whether a private facility is fulfilling their legal duty to find permanent adoptive homes for the majority of pets in their care. The VGA voted overwhelmingly that this is what we Virginians wanted for our homeless pets rather than killing them. Without this metric, how else would or could a shelter's focus on live outcomes be evaluated? As a Virginian and a volunteer for my local animal shelter, I strongly support the addition of this metric.

CommentID: 68875
 

12/12/18  11:49 am
Commenter: Chris Bowlen

Please include a metric in the final regulations For 2 VAC5-115
 

Please include a metric in the final regulations

CommentID: 68880
 

12/12/18  4:49 pm
Commenter: Bonny T Lee RN

Metrics in legislation
 

     The proposal to include a metric -- or numbers -- in this legislation is aimed solely at one shelter organiztion in the Commonwealth, namely PETA.  PETA takes in and humanely euthanizes the sick, neglected and abandoned animals that would otherwise be hit by cars, be injured in fights or starve to death.  Most importantly, PETA handles outright dangerous animals. 

     Private shelters such as Richmond SPCA or Lynchburg Humane sit on huge assets, aggregated via lucrative contracts with municipalities, affluent boards of directors, and heartwrenching "no-kill" appeals to well-intended office holders and other Virginians.  They and others who boast of a "save rate" (the stated goal of No-Kill Virginia and Virginia High Five) greater than 90% fail to let the public know how this is achieved.  Ask yourself, how can that be done?  It can be accomplished by transfer of dogs from shelter to shelter, foster to foster, renaming, and breed disguising.  With any luck at all, the most dangerous of them can be shipped out of state before they can inflict serious mauling on an unwitting citizen or kill the citizen's domestic pets.  And how would you like to spend the next nine or ten years living in crates and being hauled up and down Virginia highways.

     As a simple nurse, I am hesitant to challenge a physician such as the one who has commented "modern policies and procedures can save 80 to 90% of shelter dogs."  That comment is in conflict with current published medical and trauma literature.  Any physician has access to these studies.

     Big Humane has taken advantage of Virginia's apparent collective guilt arising from the Michael Vick case and profiteered financially, while divorcing itself from public safety concerns.  The metrics question has no real basis in sensible legislation.  Rather, it is an attempt to suppress humane treatment of animals and human beings.

CommentID: 68883
 

12/12/18  11:36 pm
Commenter: Karen Porreca

No metrics!
 

I support the current regulations. Animals aren’t numbers. They’re individuals with individual needs. When shelters concentrate on statistics instead of animal welfare, animals suffer the consequences—they’re turned away from full shelters that are trying to meet an arbitrary metric, released to negligent owners to keep adoption statistics high, sent to languish in hoarders’ basements or barns so they can be counted as “live releases,” etc. It's not right. No metrics!

CommentID: 68885
 

12/14/18  8:29 am
Commenter: Jo Ann Abell

Please add metrics to ensure the intent of SB1381
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Permanent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

CommentID: 68893
 

12/14/18  9:41 am
Commenter: Tracy Brune, Norfolk

VOTE NO ON METRICS in the final version of 2 VAC 5-115
 

VOTE NO ON METRICS in the final version of 2 VAC 5-115 

 

This is complete nonsense and has been orchestrated, once again, by the same no-kill extremists and PETA haters that think magic math will change the realities of animal welfare in the Commonwealth. Requiring performance metrics does not save animals, but it will no doubt place more dangerous animals in the hands of unsuspecting adopters while also targeting our poorest residents who need the public service of low-cost or free euthanasia. 

If this goes forward, it will directly impact city-contracted shelters like the Norfolk Animal Care Center where I have been a volunteer for 8 years. PETA provides a valuable service to animals who would otherwise end up at NACC - they are the last-resort option for many suffering animals, including dangerous dogs.  

CommentID: 68894
 

12/14/18  11:44 am
Commenter: Michelle Keith, Volunteer Norfolk Animal Care Center

Vote NO on metrics!
 
Adding metrics & treating animals as numbers instead of living beings is not be in the best interest of animal welfare. It will tax an already floundering public shelter system where open admission facilities would become the last resort for problem animals. Keep the current regulations in place & vote NO on the new metrics.
CommentID: 68895
 

12/14/18  11:51 am
Commenter: No! NACC foster parent

No!
 
CommentID: 68896
 

12/14/18  1:25 pm
Commenter: Annie VanHook

NO on metrics
 

NO METRIC!!!!!!!

In the name (and yet the SHAME) of animal welfare, folks who deem themselves "welfare experts" (many of whom have never even volunteered in an open admission shelter, let alone be a professional in the field of animal welfare) are proposing absurdly uniformed and untrue measures.  PETA serves animals!  Period.  If you think differently, and want to blast your disinformation all over public and social media, please think twice. 

 

 

 

CommentID: 68897
 

12/14/18  1:35 pm
Commenter: Chris G, Dog Rescuer

Vote No
 

A “NO” vote will be a “YES” vote for saving more animals!

CommentID: 68898
 

12/14/18  3:30 pm
Commenter: Wendy Reidler, Advocates for Valley Animals

Please include metric in final version
 
Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Per manent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custody each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.
CommentID: 68899
 

12/14/18  3:43 pm
Commenter: Julie Sokolowski

Please include a metric in the final regulations
 

Please include a metric in the final regulations of 2 VAC 5-115.  Regulations without a metric will be ineffective.  A clear, concise metric should be implemented to make the guidelines clear and allow organizations to track their results to this metric without confusion.

CommentID: 68900
 

12/14/18  6:08 pm
Commenter: Lana Mohler, Advocates for Valley Animals

Please include a metric in the final version
 

Please include a metric in the final version of 2 VAC 5-115 “Regulations for Determining Whether a Facility Meets the Purpose of Finding Per manent Adoptive Homes for Animals.”  The currently proposed regulations do not include a metric.  A metric must be added to ensure the intent of SB 1381 which passed by a super majority in the 2015 General Assembly and enjoyed tremendous public support.  The regulations should require that a private animal shelter adopt out (or transfer for the purpose of adoption) at least 50% of the animals brought in, and may not euthanize more than 50% of the animals in their care.  All but one of Virginia’s private shelters save the lives of the overwhelming majority of animals in their care.  This metric would be very simple to implement due to Virginia’s progressive shelter and rescue reporting requirements.  Each shelter and rescue – including all of the private shelters – must report intake and disposition information to VDACS for every animal they take into custod y each year.  One of the specific dispositions tracked is the number of adoptions.  Therefore, VDACS already has this information readily available.  I ask you to please include this metric in the final regulations to ensure that all private shelters in Virginia operate in a way that reflects the legislative intent and the public trust.

CommentID: 68901