Full Title Name:  Brief Summary of the Laws Regulating Rescue and Foster Care Programs for Companion Animals

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Kristen Pariser Place of Publication:  Michigan State University College of Law Publish Year:  2014 Primary Citation:  Animal Legal & Historical Center
Summary: This summary briefly examines laws relating to foster-care and non-profit rescue organizations. It discusses concerns that arise relating to contractual liability, local ordinances, and tort claims.

As the popularity of companion animals in our society has increased, the number of households with pets has tripled since the 1970s. The role of our companion animals has changed over those past few decades and many Americans consider their pets to be part of the family. To take care of their pet’s essentials, Americans spent close to $56 billion last year on their pet’s food, vet care, supplies, grooming, and training needs. Although not all dogs and cats go to loving homes. Some animals become unwanted, stray or homeless, and end up in shelters. Pet overpopulation has become a problem and although shelters have worked to reduce euthanasia rates, other new methods began to spring up in the 1980s and 1990s in the form of rescue groups and foster homes.

Rescue groups and foster homes are non-profit organizations that began taking in unwanted animals with the goal of finding new, adoptive families. Rescue groups can be breed specific or may be general groups but are often managed by volunteers and funded through donations. Foster care homes are temporary placements for the animals awaiting adoption. These homes are also offered up by volunteers. Rescue groups may have a central facility with enclosures to house the animals or they may use a network of foster homes to place the animals. Rescue groups and foster care providers help to clear space in shelters, and help animals avoid euthanasia by providing additional time and care to the animals in need. Rescues and foster homes will provide medical care, training, and socialization for the animals while they wait for adoption.  

There are no national laws regulating pet rescues or foster care homes. Also, very few states define these terms in their statewide legislation. However, other general pet care facilities laws may apply to these groups. These laws may be on the state, county, or city level. To start a pet rescue or foster home, there may be licensing requirements, annual fees, record-keeping requirements, and inspections. In addition, these non-profit organizations should be aware of contractual issues, property claims involved with animals, and other laws that will impact their daily operations. Rescue and foster care programs will need to investigate their local and state laws concerning sterilization and vaccination requirements, laws on importing animals from across state lines, laws that limit the number of pets permitted on private property, zoning and nuisance laws, tethering restrictions, breed specific legislation, tort liability, and financial reimbursement for when they are involved in aiding animals during criminal animal cruelty cases.

Although there are few laws that directly regulate rescue and foster care groups, there are a small handful of laws that do. However, even with the laws in place, often there is a lack of enforcement. Issues with rescues or foster homes usually do not surface unless someone files a complaint. Until further legislation properly defines these groups and holds them to specific standards, those involved in managing rescue and foster care programs should work to hold themselves to high standards. Running an ethical non-profit is crucial to gaining and maintaining the public’s trust, which will ultimately allow these organizations to further their adoption goals.

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