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Old 01-31-2011, 09:41 PM   #1
mr.calisto

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Default rescue adoption contract question
We are working on a will. Such a fun thing to thing to think about...NOT! Anyway in the event of our untimely death the relative that would raise our daughter would be taking our dog to. We all felt it would be best in a situation like that that she get to keep her pets. Here is where my question comes in. I was looking at the dogs adoption paperwork. We signed a spay/neuter agreement and then then I remember them saying in the event we cannot keep the dog she is to be returned to the shelter. I have all the paperwork and that is no where in anything we signed regarding sasha. I think it was more of an understanding because there was no contract. So I know there are no issues regarding our plan.
NOW FOR A HYPOTHETICAL
Now that got me thinking because I've seen the adoption agreements at the shelter I'm involved and it made me wonder if we had signed something like that? It is really vague and that makes me wonder a few things. Basically at our shelter it says "If you can't keep the animal or the animal becomes ill it is to be returned to the shelter." So if Sasha had come from this shelter 1st does that mean if we were to pass away God forbid, would she have to go back to the shelter? If she got sick and needed to be put down are we within our rights to do that? Or would they expect us to bring our sick or injured animal back to them?

Now here is the other side of things, the communication between the shelter and owner ends at adoption. You go in sign a few forms give them the adoption fee and you leave with your dog or cat. They don't do follow up home inpection and they don't check up on the animals. You basically go in and by a dog. I'll admit I don't like the way its done BUT the clause protects the dogs and does work because they have a high return rate.


Basically I would like to know what the fine line is when it comes to these adoption agreements
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Old 01-31-2011, 10:49 PM   #2
rikdpola

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I'd just like to point out that the shelter doesn't have a high return rate because it has a return policy...it has a high return rate like most other shelters, because most shelters do not properly screen the homes they adopt out too.

As far as your worries...I'm not one to tell folks to ignore rules and contracts, but contracts from your average local shelter or AC (as opposed to rescue) are rarely enforced. They seem to me more of an attempt to deter poor adoption candidates. Lying is easy enough, and since they rarely verify anything, they're generally pointless.

The only time their contracts ever actually mean anything is if someone ends up in a cruelty case or something with an animal they adopted. Since they don't check up on animals, how else would they ever find out about any breach of contract.

It seems to me the clause about ill or injured is in the case that the animal is saveable but the owner doesn't have the funds or doesn't want to pay for medical care. I would hope that any entity that made this a clause would realize that a painless death in it's owner's arms is prefferable to a long painful death without cure, and to being killed anyway after being abandoned in a kennel.

In your particular case, you probably have nothing to worry about. If this were a real rescue that checks up on dogs, I would suggest you discuss these details with them. If you ever adopt again, these might be issues you want to cover before signing any contracts.
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Old 01-31-2011, 11:10 PM   #3
mr.calisto

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I'd just like to point out that the shelter doesn't have a high return rate because it has a return policy...it has a high return rate like most other shelters, because most shelters do not properly screen the homes they adopt out too
yeah that wasn't what I meant I feel the clause is a good thing because I'd rather the dog be returned to the shelter than just dumped somewhere . The reason I like the clause sn ince so many dogs are returned to our shelter it protects them. Its not ideal but if the dogs have to be rehomed its better they end up back with us and I get that much

---------- Post added at 06:10 PM ---------- Previous post was at 06:00 PM ----------

In your particular case, you probably have nothing to worry about. If this were a real rescue that checks up on dogs, I would suggest you discuss these details with them. If you ever adopt again, these might be issues you want to cover before signing any contracts.
Yeah as far as Sasha goes she came from a rescue, not a shelter. She and all the other dogs were in foster homes. They required a lot of info, references, vet references, and inspection. Ofcourse after the adoption they never kept tabs or anything but we actually have copies of all the paperwork and there is nothing about having to return her if we cant keep her thankfully . But I agree with you something to remember and ask before we adopt next time thanks
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Old 02-01-2011, 12:34 AM   #4
rikdpola

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Don't get me wrong...it's deffinately a good thing when adoption agencies include a strong return policy...in fact...I wouldn't trust one that didn't.

It's just worth asking those questions...chances are, the agency themselves may not have even thought of what happens if adoptive families have a death or things of that nature.
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Old 03-02-2011, 06:55 PM   #5
nd90t3sf

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The shelter I got my dog from has the same policy. When they resucue a dog they commit to the dog they rescue for life and do not want the dog winding up in a kill shelter. As a matter of fact, my dogs micro chip lists the shelter as the contact so if the dog were ever lost he might be returned to them and then they would return to us.

Six months after I adopted the dog he ate my daughters bra. Under wire and all, which caused it to be stuck in the dogs stomach and upper intestine, the vet wanted six grand to surgically remove it. I called the rescue and asked if they had any options for me. They referred me to their vet who was willing to perform the procedure for $3,000. When I asked the rescue what would happen if I did not pay for the surgery, They said I could return the dog to them and they would have the procedure done. So I asked if I could then re-adopt him and they said no. Then I asked if they would take the dog and perform the surgery, and I offered to then re adopt him and donate $3,000 to the rescue which would have covered the expense of the surgery and allow me to at least take a tax deduction for the money which would have saved me about $1200 on my taxes. They would not do that as they said it was illegal. In the end I just paid the vet.
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Old 03-02-2011, 07:26 PM   #6
Stasher11

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As someone that runs a rescue myself, in the OPs case, I would be perfectly fine with any dog I adopted out being willed to a family member that's in agreement to keep the dog. I would want to verify that the family member DOES in fact WANT the dog, though. I can't imagine being told by a rescue group that my relative's pet, which may be the only thing I have left to remember that person by, would be taken from me since the adopter died. That's just awful.

If the person the dog was willed to does not want the dog, then I would gladly take the dog back into my rescue program.

Atheist, I don't know of any rescues that will take a dog back and then re-adopt it, or any other dog for that matter, back to that same person (unless in the very specific case that the dog returned was just a really, really bad fit initially and the adopter truly wants a dog better suited for them).
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