We all agree that animal cruelty should be prosecuted to the fullest extent of the law - but caring for an animal with a visible chronic medical condition should not be grounds for charging an owner with cruelty.

Delaware law should be amended to include:

 

• A timely, mandatory hearing to determine cause before cruelty charges can be filed, allowing the owner of the animal to present his side/documentation of care and conditions.

 

•  Provision for owners not to be held liable for sheltering and vet care when no cruelty is found – either after the hearing or later after a trial.

 

• Provision that the court can decide to place impounded animals with a shelter, organization, veterinarian, rescue or individual other than the impounding agency, or appointment of a temporary custodian appointed to make that decision.

 

In Delaware, animal cruelty laws are handled by FSAC/SPCA and DESPCA.  Either organization can impound an animal and a pet owner can be charged with cruelty if they decide they have a case.  And as both the impounding and sheltering agency, they get to keep your animal until the issue is resolved in court.  Yes, they charge kennel and vet fees, and your pet can be forfeit if you don't pay on time. 

 

And yes, this happened to Michael Jopson, a Bear resident. His dog, Chuckie, was found at large and impounded by the FSAC/KCSPCA. When Mr. Jopson tried to redeem his dog, he was told FSAC/KCSPCA was keeping the dog and charging him with animal cruelty because of a chronic and long-documented condition, acral lick granuloma. FSAC/KCSPCA held the dog for 6 weeks. (See Chuckie’s photo 2 days after his release. The lick-sores are typical of ALG. You will note that FSAC did not cure the problem, despite their claims.)  In the end, Mr. Jopson wanted Chuckie out of FSAC, and accepted a deal with the Attorney General’s Office that required him to relinquish his dog to House of Hope, the animal rescue agency that placed Chuckie with him in 2012. In exchange, the AG’s office declined to prosecute. Mr. Jopson did this despite his belief that he would have been exonerated in court - he did what he felt was best for his dog.  Because the earliest court date would have caused Chuckie to be in FSAC care for another 2 months or more.