Taking Pets Away from Abusive Kids That Aren't Your Kids

[debodun]

What is the name of your state (only U.S. law)? NY

Does the ordinary citizen have a right to take a pet (assume it is a puppy or kitten) away from a child who is mistreating it? Put to this the facts that the child is about 6 years old, and the parents were nowhere to be found at the time.

This happened in my neighborhood. When the parents got home several hours later from wherever they were, the kid told them what happened and the parents demanded the neighbor that took the pet give it back. The pet needed veterinary attention and the neighbor paid for that out-of-pocket. The neighbor said if the parents reimbursed the vet costs, he'd return the animal. The parents refused to reimburse the neighbor for the vet bill, and called the cops. The even the Animal Control Officer got involved. It seemed everyone has a different opinion about what to do. The cops aren't interested in the animal. They are more concerned as to why a 6 year old kid is left alone all day and is not in school. The Animal Control Officer says that anyone has a right to remove an animal away from an abusive situation, but the ACO is not an authority on the law. So far the neighbor is keeping the animal until he is reimbursed or ordered by an authoritative agent to return the pet. Looking for advice on what to tell my neighbor - can he keep the pet or is he legally obligated to return it?

 

[Zigner]

What is the name of your state (only U.S. law)? NY

Does the ordinary citizen have a right to take a pet (assume it is a puppy or kitten) away from a child who is mistreating it? Put to this the facts that the child is about 6 years old, and the parents were nowhere to be found at the time.

This happened in my neighborhood. When the parents got home several hours later from wherever they were, the kid told them what happened and the parents demanded the neighbor that took the pet give it back. The pet needed veterinary attention and the neighbor paid for that out-of-pocket. The neighbor said if the parents reimbursed the vet costs, he'd return the animal. The parents refused to reimburse the neighbor for the vet bill, and called the cops. The even the Animal Control Officer got involved. It seemed everyone has a different opinion about what to do. The cops aren't interested in the animal. They are more concerned as to why a 6 year old kid is left alone all day and is not in school. The Animal Control Officer says that anyone has a right to remove an animal away from an abusive situation, but the ACO is not an authority on the law. So far the neighbor is keeping the animal until he is reimbursed or ordered by an authoritative agent to return the pet. Looking for advice on what to tell my neighbor - can he keep the pet or is he legally obligated to return it?

The neighbor stole the animal. The neighbor should return the animal and seek reimbursement for the vet care through small claims court.

 

[Antigone*]

The neighbor stole the animal. The neighbor should return the animal and seek reimbursement for the vet care through small claims court.

Agreed.

Although personally, I'd have done the same thing.

 

[Zigner]

I would have taken the animal and called animal control...not hold the pet hostage. It seems to me that the neighbor is now more concerned about the financial aspect than with the safety of the animal, as neighbor is willing to return the animal to the same environment...for a fee.

 

[Antigone*]

I would have taken the animal and called animal control...not hold the pet hostage. It seems to me that the neighbor is now more concerned about the financial aspect than with the safety of the animal, as neighbor is willing to return the animal to the same environment...for a fee.

That's what I meant.

 

[FlyingRon]

Unfortunately, the law is NOT on the side of the rescuing neighbor in this case. Unfortunately, animals are still considered property and while a legitimate animal control person could intervene legally, a bystander can not even to the extent Zig is proposing.

 

[Mass_Shyster]

Unfortunately, the law is NOT on the side of the rescuing neighbor in this case. Unfortunately, animals are still considered property and while a legitimate animal control person could intervene legally, a bystander can not even to the extent Zig is proposing.

I suppose the correct legal action would have been to arrest the child for the misdemeanor, and call animal control regarding the injured animal.

However, if a mistake was made, I'd rather face a petty larceny charge for stealing the dog than a kidnapping or false imprisonment charge for arresting the kid.

 

[randolph76]

I would think the neighbor's ability to collect in small claims court might be limited by the fact they stole the animal and then gave it care. It would be different if it strayed into their yard and they didn't know who it belonged to and were just being humane. For example, I can't steal your car then proceed to have a mechanic fix a few things and then sue you for the fixes.

Unfortunately, animals are still considered property.. Although they do have the right to humane treatment.

 

[FlyingRon]

I suppose the correct legal action would have been to arrest the child for the misdemeanor, and call animal control regarding the injured animal.

However, if a mistake was made, I'd rather face a petty larceny charge for stealing the dog than a kidnapping or false imprisonment charge for arresting the kid.

I didn't advocate either one. You don't get to do citizen's arrest over misdemeanors. You would have to actually witness aggravated animal cruelty to get it to a level that a citizen's arrest would be tolerated.

 

[Ohiogal]

I suppose the correct legal action would have been to arrest the child for the misdemeanor, and call animal control regarding the injured animal.

However, if a mistake was made, I'd rather face a petty larceny charge for stealing the dog than a kidnapping or false imprisonment charge for arresting the kid.

The child is too young to be too competent or have the proper ability to commit a crime.

 

[CdwJava]

I agree with the officers ... Why is a 6 year old being left home alone all day and not in school? The pet issue may be the least of the parents' worries soon enough.

as for the neighbor, I tend to agree that he legally stole the pet and hus will have a weak claim for compensation should he try to sue for the veterinary bills. It is curious why the police did not act on the matter, but it could be they turned it over to Animal Control and have washed their hands of that particular matter.

 

[mistoffolees]

I agree with the officers ... Why is a 6 year old being left home alone all day and not in school? The pet issue may be the least of the parents' worries soon enough.

as for the neighbor, I tend to agree that he legally stole the pet and hus will have a weak claim for compensation should he try to sue for the veterinary bills. It is curious why the police did not act on the matter, but it could be they turned it over to Animal Control and have washed their hands of that particular matter.

Agreed. Call Animal Control next time.

And call CPS for a 6 year old being left home alone.

 

[BOR]

What is the name of your state (only U.S. law)? NY

Does the ordinary citizen have a right to take a pet (assume it is a puppy or kitten) away from a child who is mistreating it? Put to this the facts that the child is about 6 years old, and the parents were nowhere to be found at the time.

There is probably no statutory law that addresses such. As far as a Humane officer who witnesses cruelty to the point of possible death, they are permitted to seize the animal without a warrant, this is called exigency or exigent circumstances.

Although every states public policy addresses animal cruelty and the prevention of, a private citizen would only probably be entitled to take an animal in also the same fashion, where the life is in danger. However, since that aspect may be a judgment call, individual facts control.

 

[Free_Advice]

However, if a mistake was made, I'd rather face a petty larceny charge for stealing the dog than a kidnapping or false imprisonment charge for arresting the kid.

I don't know if I would see a DA following up with this.

 

[debodun]

Update

I talked to the neighbor that took the kitten away from the kid that was trying to drown it in a a swimming pool. The neighbor said that the vet had to give the kitten a large dose of diuretics because of all the water it has swallowed and keep in an environmental room with controlled temperature because, apparently, cats are very prone to shock. The vet's bill was almost $300. Now he says the neighbors that had the mean kid are moving. It seems since that incident they don't like local cops driving by the house they rent a couple of times a day to see what's going on there. They are letting the neighbor keep the cat rather than paying him back for his trouble. It also came out that the kid doesn't go to school because he was suspended for being disruptive, to put it mildly. They also said his 19 year old half-sister was supposed to be watching him, but she claims she was sleeping at the time. I'd like to know what a 19 year old girl would be sleeping at 2 P.M. I just feel sorry for any cats and dogs in the neighborhood they eventually move to.