Elizabeth Animal Shelter Shows Improvement, But Serious Problems Remain: Part 2

Update: 8/4/17: Subsequent to writing this blog, the Elizabeth Health Department “located” its 2016 inspection report performed by the Linden Health Department. This report noted several problems. I updated the inspection section of this blog to discuss this report.

My last blog discussed several changes the Elizabeth Animal Shelter made in 2016 after animal advocates raised concerns about the facility. Elizabeth Animal Shelter stopped illegally killing owner surrendered animals during the seven day protection period in 2016. As a result, the shelter’s live release rate significantly increased, but the shelter almost entirely relied on rescues and appeared to limit the number of animals it took in. You can read that blog here.

This blog will examine whether Elizabeth Animal Shelter still kills healthy and treatable animals. Additionally, this blog will answer the question as to whether the shelter still violates state law.

Shelter Continues to Illegally Transfer Stray Animals During the Seven Day Hold Period

Elizabeth Animal Shelter transferred and adopted out 73 dogs and cats during the seven day stray hold period in 2016. 64 of the 73 animals were cats which often have very low owner reclaim rates. Of the 64 cats, 52 were kittens which are highly susceptible to catching deadly illnesses in animal shelters. Additionally, the shelter sent a number of animals to rescue groups that provided much needed medical care. Thus, Elizabeth Animal Shelter appeared to release many of these animals during the seven day hold period with good intentions.

Elizabeth Animal Shelter should retain ownership of the animals it releases during the seven day hold period. In other words, Elizabeth Animal Shelter should have the rescues and adopters “foster” these animals during this time. After seven days, the rescuers and adopters should then take ownership of the pet. While the animal is being fostered, the shelter should keep photos and other records as well as the rescue’s/adopter’s contact information to allow someone to redeem their pet. Similarly, the individual or group fostering the animal must return the pet back to the owner during the stray hold period. Thus, Elizabeth Animal Shelter can easily comply with state law, give owners a chance to reclaim their lost pets, and create much needed space to save lives.

Shelter Still Kills Healthy and Treatable Animals

Overall, Elizabeth Animal Shelter’s most commonly killed dogs for “aggression” and “severe behavior issues.” If we also add related problems, such as dog aggression, food aggression, leash behavior and bite cases, the shelter killed almost all dogs for some form of alleged aggression. In fact, Elizabeth Animal Shelter killed 19 of 22 dogs or 86% of these animals for aggression related problems.

Elizabeth Animal Shelter’s classified too many dogs with aggression and related behavioral issues. The shelter killed 6% of all dogs for aggression and similar reasons. On the one hand, Elizabeth Animal Shelter killed a much lower percentage of dogs for so-called aggression than the regressive Bergen County Animal Shelter (21% of all dogs in 2015; 29% of dogs from Kearny in 2016). However, Elizabeth Animal Shelter killed a significantly larger percentage of dogs for aggression/behavior issues than Austin Animal Center (0.5% of all dogs killed for aggression related reasons in the last quarter of of fiscal year 2016). Furthermore, Elizabeth Animal Shelter killed 18% of all pit bulls for aggression related behavioral issues in 2016 compared to just 2% of all pit bulls at Austin Animal Center during fiscal year 2016 (that number may have dropped to as low as 1% by the last quarter of the year). In other words, Elizabeth Animal Shelter killed pit bulls for aggression related problems at a rate of 9-18 times higher than Austin Animal Center.

As I mentioned in my blog last year, Elizabeth Animal Shelter brought in a former volunteer from Associated Humane Societies-Newark as a response to public outcry about the shelter illegally killing two dogs immediately upon intake in 2014. In her role, this contractor evaluates dogs, makes recommendations about whether a dog is suitable for adoption, and networks with rescues and donors to increase lifesaving and improve animal care. Clearly, this person has done an excellent job coordinating with rescues. Thus, I believe this part time contractor has done good work.

Elizabeth Animal Shelter may be misusing its part time contractor’s behavioral evaluations to justify killing dogs. Despite some concerns from other animal advocates, the part time contractor’s written evaluations did not call for the shelter to kill dogs. In fact, many of the evaluations concluded the dogs were very good. However, the shelter performed evaluations for 16 of the 19 dogs it killed for alleged aggression related issues. Based on my review of these 16 evaluations, all of them had some negative findings. In some cases, the evaluations recommended a special home, but it seems to me as if the shelter leadership used these evaluations as an excuse to kill.

Elizabeth Animal Shelter’s continued reliance on discredited temperament testing methods is concerning. Recently, a study found behavioral evaluations were scientifically invalid and recommended shelters should instead socialize dogs to truly determine behavior. Even the proponents of temperament testing, such as the ASPCA, state shelters should use evaluations to identify a behavioral rehabilitation plan to try and make the animal adoptable. I found no evidence of the shelter attempting to seriously rehabilitate alleged problem behaviors in dogs. Thus, Elizabeth Animal Shelter used scientifically invalid temperament testing methods and may have failed to use these evaluations to fix supposed behavioral problems.

Elizabeth Animal Shelter killed several dogs for alleged aggression related issues despite owners reporting no such issues. Shelter temperament testing methods are inherently flawed as the testing conditions (i.e. in a stressful shelter) do not replicate conditions a dog experiences in a home. Carez was a 7-9 year old gray pit bull surrendered to the Elizabeth Animal Shelter on December 29, 2016. The owner reported no behavior or aggression issues and stated Carez was good with dogs, kids, adults and was house trained. On January 9, 2017, Elizabeth Animal Shelter evaluated Carez, who they renamed as Cupcake, and stated she “refused handling”, attempted to bite when handled, and was fearful and timid. In other words, Carez/Cupcake was afraid after going to a scary shelter environment. Ten days later Elizabeth Animal Shelter killed Carez/Cupcake for human and dog aggression despite the owner reporting she was good with both people and dogs. Furthermore, no records provided to me indicated the shelter tried to rehabilitate this dog’s alleged behavior problems. Thus, Elizabeth Animal Shelter appeared to use its behavioral evaluation as a justification to kill Carez/Cupcake and did not seem to make any effort to fix those claimed behavior problems.

Ghost was a two year old pit bull-boxer mix that was surrendered to the Elizabeth Animal Shelter along with his house mate, Blackie, on July 7, 2016. Ghost’s owner reported he had no behavioral or health issues. Elizabeth Animal Shelter’s evaluation stated he snapped, growled with teeth, attempted to bite and darted away when handled, had “higher energy”, but was controllable, was “dominant”, “does not like other people”, was not good with other dogs except Blackie, and requires an “adult only home.” Despite Ghost’s owner surrender form contradicting this evaluation and him being at the shelter a mere nine days, Elizabeth Animal Shelter killed Ghost for having a “Severe Behavior Issue.” No records I received indicated any effort to fix these alleged behavior problems.

Ghost’s companion, Blackie, was a five year old pit bull-Labrador retriever mix that was surrendered to the Elizabeth Animal Shelter on the same day. Blackie’s owner also stated on the dog’s surrender form that Blackie had no behavioral or medical issues. Elizabeth Animal Shelter’s evaluation of Blackie was almost identical to Ghost’s temperament test except the shelter concluded Blackie was “hyper” rather than “high energy” and controllable, and grabbed treats roughly. Additionally, the evaluation made no reference to Blackie not liking people. Once again, despite the owner surrender form contradicting the Elizabeth Animal Shelter’s evaluation, the facility killed Blackie just nine days after he arrived at the shelter and on the very same day as his house mate, Ghost. No records I received indicated any effort to fix these alleged behavior problems.

Elizabeth Animal Shelter’s reasons for killing cats are listed below. Overall, the shelter still killed a significant number of cats it deemed feral or having a behavior issue. Frankly, a shelter should never kill a cat for any behavioral reason given such cats can be neutered and released or go to a barn/warehouse. Additionally, the shelter killed many cats for no disclosed reason. If Elizabeth Animal Shelter did not kill healthy and treatable feral and other cats (presumably cats killed for no reason were not hopelessly suffering), the shelter’s euthanasia rate would be 8% or the rate I target for animal control facilities. While a good number of the other cats may have been hopelessly suffering, the shelter failed to provide a specific veterinary diagnosis for a substantial portion (i.e. 13 cats with undisclosed severe injuries/illnesses and other undisclosed injuries and illnesses) of these animals. As a result, no one can say for sure how many of these animals were truly hopelessly suffering.

Elizabeth Animal Shelter killed several cats for absurd or no reasons. Cat 31-J’s owner died and she was surrendered to the Elizabeth Animal Shelter on October 24, 2016. Despite having a home previously, the shelter concluded she had a “Severe Behavior Issue” and killed her just 11 days later. Furthemore, the shelter’s euthanasia record erroneously stated she was killed on October 20 (four days before she arrived at the facility).

Cat 12-L was a 10 year old cat taken to the Elizabeth Animal Shelter on December 14, 2016 by the property managers of an apartment complex. Presumably, this cat lived in a home, perhaps in one of the apartments in this building, since the property managers noted the cat was house trained. Despite this fact, the Elizabeth Animal Shelter killed this older cat for being feral and aggressive a little after a month later.

Cat 21-F was surrendered with three other cats on June 16, 2016. According to the owner, none of these cats, including 21-F, had any behavioral or health issues. Two weeks later, Elizabeth Animal Shelter killed 21-F for no reason other than the animal being at the shelter for more than seven days.

Shelter Provides More Veterinary Care, But Must Make Further Improvements

Elizabeth Animal Shelter provided veterinary care to some animals during the year. In 2015, the shelter essentially provided no veterinary care other than killing based on the records provided to me. Several animal advocates, including myself, raised these concerns last year. In 2016, Elizabeth Animal Shelter’s veterinarian treated a number of animals at the shelter. Therefore, the pressure put on the shelter by animal advocates improved the care provided to the animals.

Elizabeth Animal Shelter must provide better veterinary care. While the shelter did treat some animals, I saw no evidence of the facility vaccinating animals upon intake. Shelter medicine experts strongly recommend facilities immediately vaccinate animals upon intake to reduce disease among the animal population. Elizabeth Animal Shelter should start doing this as its clearly better for the animals and will ultimately reduce the cost of treating sick animals. Additionally, the veterinary records I reviewed were often not very detailed and frequently illegible. Furthermore, many of the records I examined failed to fully meet the New Jersey Department of Health’s requirements. Thus, the Elizabeth Animal Shelter should vaccinate all animals immediately upon intake and improve its veterinary record keeping.

Shelter Has No Disease Control Program and Does Not Keep All Required Records

Elizabeth Animal Shelter currently has no disease control program. While the city’s Health Officer, assured me a draft program is currently under review by the Elizabeth Dog Control Committee, this is unacceptable. Under state law, a shelter must have a disease control program in order to operate. Last year, the New Jersey Department of Health made this explicitly clear:

If a facility does not have a disease control program established and maintained by a licensed veterinarian, the facility cannot be licensed to operate in New Jersey.

Therefore, Elizabeth Animal Shelter must put an appropriate disease control program into place as soon as possible.

Elizabeth Animal Shelter also failed to document the breed on many cats it took in as required by state law. The shelter should start doing so especially since it does not require much effort.

Local Health Department Inspections Reveal Problems

Under N.J.A.C. 8.23A-1.2, local health authorities must inspect licensed animal shelters each year to ensure compliance with state laws. In other words, an animal shelter cannot legally operate without an inspection showing the facility is following the law.

The Linden Health Department conducted a poor quality inspection of Elizabeth Animal Shelter in 2014. This inspection found no serious issues, but animal advocates, including myself, documented numerous shelter law violations at that time. Linden Health Department is the same health department that ran Linden Animal Control’s facility. Not only did Linden fail to inspect its own shelter for seven years, but the New Jersey Department of Health forced Linden to close its house of horrors later on in 2014. Thus, this positive 2014 inspection report lacked credibility.

To make matters worse, Elizabeth Animal Shelter provided no 2015 inspection report. In 2014, the Elizabeth Animal Shelter inspected Linden Animal Control’s dreadful facility after the City of Linden failed to inspect its shelter for seven years. Despite knowing about this law, the City of Elizabeth apparently did not have its own shelter inspected in 2015. Thus, Elizabeth Animal Shelter should not have had a license to operate in 2015.

The Linden Health Department’s 2016 inspection of Elizabeth Animal Shelter found several concerning issues. Specifically, the inspection report noted the following

Shelter did not have a required fire inspection
The exhaust fan in the isolation area did not work (i.e. could result in infectious diseases spreading)
Shelter had structural problems with the facility’s flooring
Several damaged enclosures had wires used as a repair, but those wires could injure animals
Cat enclosures were not adequate to house these animals
Outside dog cages needed repairs
Outside dog enclosures barriers not effective and might not prevent dogs from fighting
Large stones used to block outside dog enclosures’ trough did not allow staff to clean properly

Despite these issues, the Linden Health Department gave Elizabeth Animal Shelter a “Conditional A” instead of an “Unsatisfactory” grade on the inspection. If the Linden Health Department found this many problems, one must wonder what the more competent New Jersey Department of Health would find.

Currently, Elizabeth Animal Shelter has not had a 2017 inspection performed despite 15 months passing since the last required annual inspection.

Records Continue to Raise Concerns as to Whether Elizabeth Animal Shelter Humanely Euthanizes Animals

Elizabeth Animal Shelter’s records did not specify the euthanasia drug it used (the records state “Euth.” which could mean Euthasol or just an unnamed euthanasia drug) and the method of euthanasia again in 2016. As a result, we cannot determine whether the shelter euthanized animals humanely as I discussed in last year’s blog.

Elizabeth Animal Shelter use of pure Ketamine as a sedative is not humane. The Humane Society of United State Euthanasia Reference Manual states shelters should not use Ketamine alone to sedate an animal for killing as it makes the animal’s muscles rigid and the injection stings so much that the animal reacts very negatively to it. If that was not bad enough, large doses can cause convulsions and seizures. To make matters worse, Elizabeth Animal Shelter’s records indicate the facility used excessive doses as they did in 2015 of Ketamine making such horrific side effects more likely.

Elizabeth Animal Shelter also purchased a massive supply of Ketamine at the end of 2015. Specifically, the shelter purchased 600 milliliters of the branded Ketamine drug, Ketathesia, which would provide recommended sedative doses for 1,500 cats weighing 8 pounds or 240 dogs weighing 50 pounds. Clearly, this purchase greatly exceeds the 41 cats and 22 dogs killed in 2016. In fact, this amount of Ketamine is also much more than would be needed for the number of animals the shelter would kill at this rate over the five year shelf life of the drug. To make matters worse, I did not see the legally required listing of inventory of both Ketamine and Fatal Plus (Sodium pentobarbital) or whatever killing agent the facility used on hand at the beginning and end of the year. One has to wonder what the shelter is doing with this huge supply of Ketamine? Given this is a widely abused drug, it certainly raises questions in my mind.

Elizabeth Animal Shelter’s euthanasia logs list questionable weights for the animals and raise questions as to whether the shelter actually weighed the animals. Under N.J.A.C. 8:23A-1.11 (f) 3 and 4, shelters must weigh each animal and keep a log of those body weights as well as the drugs used to immobilize and euthanize the animals. Almost all the adult cats weighed exactly 8 pounds. Additionally, most of the weights listed for dogs were convenient numbers, such as 60, 65, and 80 pounds. Frankly, I find it highly unlikely that many dogs just happened to weigh in at these user friendly amounts.

Elizabeth Animal Shelter Proves Shelter Reform Bill S3019 Will Save Lives

S3019 requires shelters to notify rescues at least two business days before killing an animal. While this bill should mandate shelters give animals to rescues the shelters would otherwise kill, existing animal cruelty laws (i.e. “needlessly killing an animal”) likely would also bar shelters from killing such pets. When this provision of S3019 is combined with the state’s existing ban on killing animals, whether stray or surrendered, for seven days, shelters will have a strong incentive to send animals, particularly owner surrenders, to rescues. Furthermore, rescues will have more time to save animals from shelters.

Elizabeth Animal Shelter’s compliance with the seven day protection period in 2016 and its significantly higher live release rate show how successful S3019 would be. As mentioned above, Elizabeth Animal Shelter does not really follow 10 of the 11 No Kill Equation programs. Despite this, the shelter nearly achieved a 90% live release rate once it stopped illegally killing animals during the seven day protection period. Why? The Elizabeth Animal Shelter is extremely rescue friendly and these rescues had the time to save many pets. Thus, S3019 would significantly increase live release rates at many of New Jersey’s high kill shelters.

S3019’s other requirements would further increase live release rates. Under the bill, shelters must stay open five hours every weekday, including one day until at least 7 pm, and one weekend day. Additionally, the bill requires shelters to take numerous steps to reunite lost pets with their families that most facilities do not currently do. Furthermore, it requires shelters to use web sites and social media to promote animals for adoption. Finally, the bill mandates shelters provide improved veterinary and behavioral care that will make pets more adoptable. Thus, S3019’s requirements would clearly increase Elizabeth Animal Shelter’s live release rate and allow the shelter to save more homeless animals.

Elizabeth Animal Shelter’s Unsustainable Path

Clearly, Elizabeth Animal Shelter must fix many basic sheltering issues. Specifically, the shelter must pass rigorous inspections every year, create and implement a robust disease control program, keep proper records, comply with the stray/hold law, and only euthanize animals humanely. Simply put, Elizabeth Animal Shelter must follow the law.

While the shelter’s apparent decision to impound fewer cats is preferable to killing these animals, the shelter is allowing problems to grow. Elizabeth Animal Shelter does not practice TNR to any significant degree. Therefore, the stray cats the shelter does not neuter and release remain intact and will continue to breed on the streets. Ultimately, residents will complain and either force the shelter to catch and kill these animals or potentially take matters into their own hands. Clearly, Elizabeth needs to practice TNR or better yet, Return to Field, preferably with the help of cat advocates, to limit the community cat population and resolve conflicts with people.

Elizabeth Animal Shelter’s complete reliance on a part time contractor to network with the rescue community is not sustainable. While this person has done an admirable job networking with rescues, it is unrealistic to expect this person to remain long-term at the shelter with the city paying her no more than $16,000 a year. Furthermore, the person will have difficulty performing all her duties with her just working 20 hours a week. In other words, Elizabeth should hire this contractor on a full time basis and adequately compensate her.

At a minimum, the city should reallocate the time this contractor spends conducting scientifically invalid behavioral evaluations to activities that would improve live release rates and care provided to animals. For example, this person could help design an enrichment program in conjunction with the shelter veterinarian, and help carry it out. Similarly, the part-time contractor could use this time to take engaging photos and videos of animals and write excellent adoption profiles.

Last year, this house of cards nearly collapsed. At the time, postings on social media suggested the city might part ways with this contractor. Thankfully, the rescue community protested and the part-time contractor remained with the shelter. However, this incident reveals how easily the shelter could regress.

Ultimately, a shelter must comprehensively adopt the 11 step No Kill Equation if it truly wants to succeed. Clearly, the Elizabeth Animal Shelter significantly improved after following the state’s seven day owner surrender protection period and using one No Kill Equation program, rescue partnerships. However, if the Elizabeth Animal Shelter wants to consistently provide a refuge for all the city’s homeless animals, it must enact most, if not all, of these programs.

Bergen County Animal Shelter’s No Kill Con Job (Part 2 of 3)

Posted by njanimalobserver

In Part 1 of this series of blogs, I reported details on Bergen County Animal Shelter’s high kill rate despite the county’s elected officials claiming the facility is no kill. This blog examines the reasons Bergen County Animal Shelter uses to kill massive numbers of animals.

Data Reviewed

Under the Open Public Records Act (“OPRA”), I requested all documents supporting animals killed/euthanized, such as owner surrender forms, adoption and rescue paperwork, veterinary records and invoices, euthanasia records, and any other documents pertaining to each animal for a couple of months in 2015. Additionally, I obtained the shelter’s Standard Operating Procedures manual. My objective was to obtain a complete understanding of the job Bergen County Animal Shelter is doing.

Absurd Justifications for Killing Dogs

Bergen County Animal Shelter cited “behavior issues” and “medical issues” for killing approximately 2/3 and 1/3 of the dogs in the sample of records I reviewed. Assuming these percentages apply to all dogs Bergen County Animal Shelter killed in 2015, the shelter killed approximately 21% of all dog who had outcomes for “behavior issues.” However, the No Kill Advocacy Center’s review of shelter data found only 1%-2% of all dogs arriving at shelters are a serious danger to people and cannot be rehabilitated. In other words, Bergen County Animal Shelter kills dogs for aggression at around 10-20 times the rate of high performing no kill animal control shelters. If the percentages in my sample are consistent with all of the dogs Bergen County Animal Shelter killed in 2015, the shelter killed 11% of all impounded dogs for “medical issues.” Assuming a well-run no kill animal control shelter saves 95% of all dogs and euthanizes 1%-2% for aggression, these facilities likely only euthanize 3%-4% of all dogs due to the animals hopelessly suffering. Therefore, Bergen County Animal Shelter killed dogs at around 3-4 times the rate for medical issues as well-run no kill animal control shelters. Thus, Bergen County Animal Shelter’s reasons for killing dogs raise red flags.

The behavior issues Bergen County Animal Shelter cited are listed in the table below. Most disturbing, the shelter reported no specific reason for killing more than half the dogs for behavior issues in the sample I examined. As discussed in my prior blog, Bergen County Animal Shelter concluded every single animal it killed was “unhealthy and untreatable.”

Bergen County Animal Shelter’s killing dogs for kennel stress (i.e. barrier reactivity, cage aggression, etc.) is not consistent with no kill. Kennel stress was the second most common reason for killing due to behavior issues. As Dogs Playing for Life states, barrier reactivity is “not an accurate indicator of a dog’s social skills.” Volunteers at most animal shelters will tell you how different dog behavior is inside a cage at a stressful shelter and outside in real world situations. Thus, Bergen County Animal Shelter’s assertion that kennel stress is “untreatable” makes no sense.

The shelter’s killing of dogs who were food aggressive fails to meet no kill standards. The ASPCA, which is far from a no kill organization, removed food aggression tests from its SAFER behavioral evaluation tool and instead advises shelters to provide all adopters information on how to manage food aggression. Around half the time, dogs who display food aggression in a stressful shelter do not do so in a home. On the other hand, many dogs who pass food aggression tests in a shelter exhibit the trait in a home setting. Simply put, testing a dog who is stressed out at a shelter and may have recently not had regular access to food, is an unreliable way to determine if a dog will display this behavior in a home. Also, food guarding is a behavior that shelters can easily modify by hand feeding. Even if a dog remains food aggressive in a home, most people are willing to live with it based on a recent scientific study. As a result, Bergen County Animal Shelter’s classifying dogs displaying food guarding behavior as “untreatable” is incorrect and not consistent with no kill.

Bergen County Animal Shelter also killed a number of dogs for jumpy/mouthy behavior. As the Center for Shelter Dogs states, jumpy/mouthy behavior often occurs in adolescent dogs in shelters due to “decreased interaction with people, decreased exercise, and lack of control of their environment.” Jumpy/mouthy behavior is highly treatable in a shelter and people can effectively reduce it on walks by using a Gentle Leader collar. Furthermore, I noticed many dogs stop displaying this behavior when the animals go to a home. To argue these dogs pose a serious danger to people or other animals or that a “a reasonable and caring pet owner/guardian” would kill their pet for this reason is absurd. Thus, Bergen County Animal Shelter’s classifying jumpy/mouthy dogs as “unreatable” is incorrect and not consistent with no kill.

Bergen County Animal Shelter’s killing of dogs due to dog aggression is not consistent with no kill in my view. While I recognize some no kill shelters kill dogs with severe dog aggression, I believe that experienced owners can manage this behavior. In fact, I am one such owner. Additionally, I’ve found very few people, particularly in a wealthy area like Bergen County, would kill their dog for displaying dog aggression. However, as you will see later in this blog, the shelter’s classifying of dogs as dog aggressive is highly suspect.

Bergen County Animal Shelter killed numerous dogs for “behavior issues”, but never actually documented what those problems were. Dog ID# 16973 in the table below (right click table and click “Open image in new tab” to see a more legible image) was a pit bull like dog that arrived as a stray at Bergen County Animal Shelter on July 8, 2015. After 17 days, Bergen County Animal Shelter killed her for “behavior issues”, but never specified what those alleged behavior problems were.

Dog ID# 17068 was a stray pit bull mix who arrived at Bergen County Animal Shelter on July 15, 2015. After just 11 days, the shelter killed her for “behavior issues” despite not specifying what those alleged problems were.

On July 15, 2015, Dutchess was surrendered by his owner to Bergen County Animal Shelter. After 26 days, Bergen County Animal Shelter killed him for “behavior issues”, but never documented what those alleged problems were.

Temperament Testing Dogs to Death

Bergen County Animal Shelter used discredited harsh behavioral evaluation methods. Recently, a new scientific study found behavioral evaluations were scientifically invalid and recommended shelters instead socialize dogs to truly determine behavior. Even the proponents of temperament testing, such as the ASPCA, state shelters should use evaluations to identify a behavioral rehabilitation plan to make the animal adoptable. Based on my review of numerous evaluations of dogs that the shelter killed, the shelter simply used these tests to justify killing “untreatable” animals.

Captain was a 5 year old poodle surrendered by his owner to the Bergen County Animal Shelter on November 3, 2015. Based on his evaluation below, Captain, like many toy breeds, was traumatized after arriving at a scary shelter. In his kennel, he barked, which is not unusual in toy breeds and other dogs at shelters. Once out of the kennel, Captain allowed the temperament tester to check his teeth, which is quite intrusive for many dogs. Additionally, Captain let the tester pick him up despite being “a little unsure and nervous” at first. In fact, Captain “went belly up for petting” and sat by the tester while the person typed up the evaluation that would ultimately kill him.

Bergen County Animal Shelter condemned Captain to death for displaying protective behavior in his kennel and nipping a stranger’s leg during his evaluation. During Captain’s evaluation a stranger entered the room and Captain “tentatively bit stranger’s leg”, but caused no puncture wound. Captain then retreated to “his handler for safety.” Captain, like so many toy breeds, nipped the legs of a stranger and caused no injury. In a re-test conducted the very next day, Captain would not approach the stranger and “lunged when the stranger moved away.” The evaluation also dinged Captain for being aggressive in his kennel, which has no relationship to real life conditions.

Clearly, Captain was a small dog who was fearful. As the evaluation showed, Captain exhibited many positive behaviors, but displayed some fearful ones. After all, Captain was on death row in a shelter that is quick to kill. Wouldn’t you be a bit scared in that environment especially if a stranger just barges into your evaluation room or towards your kennel? Let’s be real, a small poodle is never a serious danger to people, especially if put in the right home (i.e. no small children). Despite calling itself a no kill shelter, Bergen County Animal Shelter never tried to rehabilitate Captain, never documented any attempt to send him to a rescue or a foster home, and recommended killing him “due to unpredictable aggressive nature, dog will likely bite when protecting his territory or home environment.” Thus, Bergen County Animal Shelter did nothing more than temperament test Captain to death.