Suspicion of Animal Cruelty
Implementation Date: 7/10/2024 |
Date of Last Revision: 7/10/2024 |
Next Review Due: 7/10/2027 |
Reviewed by VTH Administrative Team: 1/23/2024 |
Reviewed and Approved by Hospital Director: 6/15/2024 |
Reviewed by Legal Counsel: N/A |
Reviewed by Biosecurity Subcommittee: N/A |
Subject to modification by the VTH Director without approval.
Printable PDF: Suspicion of Animal Cruelty Policy
Policy
Veterinarians licensed by the State of Illinois are required to report a case of suspected aggravated cruelty, torture, or animal fighting pursuant to 510 ILCS Section 3.07 or 4.01 of the Humane Care for Animals Act. All veterinarians practicing under the VTH are expected to follow the above.
Staff and students who have any concerns about animal welfare or suspected animal abuse should consult with the Service Head, the clinician on the case, and/or the VTH Director’s Office (vthdirector@vetmed.illinois.edu). Staff and students should not directly report to reporting agencies (including Champaign County Animal Control (CCAC), Urbana Police Department, Illinois Department of Agriculture, etc.).
Clinicians may call reporting agencies without any prior consultations based on their own judgment but must document all conversations in the patient medical record communication log and must notify the Service Head. Documentation of suspected abuse or neglect of patients includes patient histories, photographs, examination notes, and all documentation of other gathered information.
In the event of reporting a case to reporting agencies, the Service Head and Hospital Director must be notified.
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Animals who are brought in by agencies such as Champaign County Animal Control or the Police Department should be treated like an owned animal, with the Agency as the owner. Details of the circumstances are between the Agency and the individual who owned the animal before the animal transitioned custody to the Agency. The Client in the health information system (HIS) record is the only authorized agent for medical decisions and/or medical updates.
Guidelines
It is the position of the VTH that we strongly encourage our clinicians and staff to recognize and report suspicions of animal cruelty or neglect to the appropriate agencies. Such reporting is supported by professional veterinary organizations including the American Veterinary Medical Association (AVMA) and the American Animal Hospital Association (AAHA).
Animal Health Care providers are not responsible for making a diagnosis of neglect or abuse, but for sharing their concerns appropriately. It is important for veterinarians to recognize that their report of suspected neglect or abuse is only the first step in evaluating a case and that other experts and legal authorities will determine the circumstances of the case and whether legal action is indicated.
Five Key Considerations:
- Safety first: Never compromise the safety of humans or animals. If you are concerned and there is a feeling of risk or harm, call 911.
- Treat the animal - If the animal is neglected or abused, you need to collect and document the evidence—but do not compromise the timely treatment of the animal.
- You are not the judge or jury - veterinarians are health professionals, and what is required of you (professionally, ethically, and legally) is to report suspected or known animal maltreatment. Do not determine if a case is neglect, cruelty, or abuse— that is for law enforcement to investigate, the prosecutor to prove, and the jury or judge to decide. Reporting allows other authorities to investigate the incident further to make sure the animal in question—and other animals and humans—are not at risk of harm.
- Avoid bias; be impartial – It is the veterinarian’s responsibility to make an accurate and truthful determination of the animal’s health. Avoid any bias and document the medical facts. Industry standards, or a client’s economic status, age, ignorance, or other factors may be used by the defendant as excuses for his or her behavior, but these factors should not be used by a veterinarian in assessing an animal’s health.
- This is not an exact science- Identifying and recognizing animal cruelty may not be an exact science, but it is a science. This is why a veterinarian’s medical expertise is critical. A standard approach of “what to do and look for” in all cases is helpful, but each case will be unique.
Procedure (if applicable)
Anytime VTH staff and students have reasonable knowledge or suspicion, in good faith, that an animal has been subjected to cruelty or neglect, the Service Head should be informed at the time the suspicion arises. Should the Service Head be unavailable, the designee or clinician on duty should be informed. The Service Head will review the situation and report any appropriate findings to Animal Control or appropriate authorities and inform the Hospital Director of the report.
During the hours when Champaign County Animal Control (CCAC) Wardens are on duty, they will handle all calls of animal cruelty. During hours when the CCAC Wardens are off-duty, or if they are otherwise unavailable, animal-related calls for service may be handled by an on-duty Urbana Police Officer. Officers will respond to animal-related calls and conduct a preliminary investigation into all reports of animal cruelty and forward the information to the CCAC for follow-up.
Reference: Urbana Police Department | Section 809 - Animal Control https://www.urbanaillinois.us/sites/default/files/attachments/Urbana_PD_Policy_Manual_Redacted_Release_010923.pdf
Champaign County Animal Control
217-384-3798, Monday - Saturday 8:00 a.m.- 5:00 p.m.
217-333-8911, After-hours
217-384-1238, Fax
Urbana Police Department
217-384-2320, Non-emergency line
Definitions (if applicable)
Animal abuse/cruelty: failing to provide care or doing something harmful. Abuse implies maltreatment occurred regardless of the intent, motivation, or mental condition of the perpetrator, whereas cruelty connotes more deliberate intention.
Animal physical abuse: the infliction of injuries or causing unnecessary pain and/or suffering. May be caused by hitting, kicking, throwing, beating, shaking, poisoning, burning, scalding, suffocation, etc.
HIS: Health Information System
Neglect: lack of care, often resulting from ignorance, poverty, or extenuating circumstances. Usually results in a failure to provide the basic necessities of life: adequate levels of food, water, shelter, veterinary care, grooming, or sanitation resulting in poor physical conditions. Neglect is the most common form of animal maltreatment investigated by animal protection authorities.
Maltreatment: Animal maltreatment is “intended to encompass any type of cruelty, abuse, torture, abandonment, or neglect, regardless of the degree of underlying motivation or intent (or lack thereof) on the part of the offender.
Veterinary Teaching Hospital (VTH): The collective clinical services of the Large Animal Clinic, Midwest Equine, the Small Animal Clinic, and the Veterinary Medicine South Clinic.
Regulations (if applicable)
(510 ILCS
70/3.07)
https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1717 Sec.
3.07. Veterinarian reports; humane euthanasia. Any
veterinarian in this State who observes or is presented with an animal or
animals for the treatment of aggravated cruelty under Section 3.02 or torture
under Section 3.03 of this Act must file a report with the Department of
Agriculture and cooperate with the Department of Agriculture by furnishing the
owner's name, the date of receipt of the animal or animals and any treatment
administered, and a description of the animal or animals involved, including a
microchip number if applicable. Any veterinarian who in good faith makes a
report, as required by this Section, has immunity from any liability, civil,
criminal, or otherwise, that may result from his or her actions. For the
purposes of any proceedings, civil or criminal, the good faith of the
veterinarian shall be presumed.
(510 ILCS
70/4.01)
(from Ch. 8, par. 704.01)
https://www.ilga.gov/legislation/ilcs/documents/051000700K4.01.htm
(k) Any
veterinarian in this State who is presented with an animal for treatment of
injuries or wounds resulting from fighting where there is a reasonable
possibility that the animal was engaged in or utilized for a fighting event for
the purposes of sport, wagering, or entertainment shall file a report with the
Department of Agriculture and cooperate by furnishing the owners' names, dates,
and descriptions of the animal or animals involved. Any veterinarian who in
good faith complies with the requirements of this subsection has immunity from
any liability, civil, criminal, or otherwise, that may result from his or her
actions. For the purposes of any proceedings, civil or criminal, the good faith
of the veterinarian shall be rebuttably presumed.