When a dog attack leads to criminal charges, animal shelters must follow strict procedures to ensure the safety of the community, the welfare of the animal, and the integrity of the legal process. In cities like Hurst, Texas—a community of over 40,000 residents nestled in the Dallas–Fort Worth area—animal control and shelters are often the first responders after a reported attack. This article offers a detailed look at what shelters should do with an attacking dog during a criminal case, backed by local and Texas state protocol.
Contents
First Steps After a Dog Attack
Once authorities are notified of a dog attack, the immediate concern is public safety. Animal control officers respond to assess the situation and secure the dog involved. If possible, they remove the animal from the scene and transport it to a designated shelter or animal control facility.
- Quarantine: In Texas, any dog suspected of causing injury—especially when there is broken skin—must be quarantined for observation. Typically, the law requires at least a 10-day quarantine to monitor for signs of rabies. During this period, the dog is isolated from other animals and the public.
- Veterinary Assessment: The dog is examined for injuries, illnesses, and vaccinations status. This check ensures that any urgent health needs are handled and determines if the animal might pose a disease risk.
Maintaining Evidence Safely
The dog involved is not just an animal in need of care—it is considered evidence in a criminal case. Shelters must keep records of the dog’s intake, health status, and behavior during quarantine.
- Documentation: All documents, including incident reports, veterinary records, and logs of the dog’s behavior, must be preserved. These documents could be called as evidence in court.
- Chain of Custody: Just like with physical evidence, shelters need to demonstrate who had access to the dog and when, to prevent claims of tampering or mishandling.
- Safe Housing: The dog must be housed in a secure kennel, separated from other animals, especially if it has a history or display of aggression. This protects staff, other animals, and ensures the attacked dog does not come into contact with the public.
Legal and Ethical Considerations
Owner Notification and Due Process
Texas law requires that the owner of the dog be notified about the investigation and the dog’s custody status. Owners are afforded certain rights, including the opportunity to respond to allegations, present evidence, or contest the seizure and possible destruction of their pet.
Shelter Obligations
- Provide Adequate Care: While held, the dog must receive proper food, water, shelter, and medical attention. Failure to meet these standards could result in legal consequences for the shelter and could compromise the entire case.
- Minimize Stress: While public safety is the priority, shelters should also lower the stress levels of the animal. Dogs in stressful situations may behave unpredictably, making behavioral assessments critical.
During the Criminal Case
Court Orders and Dispositions
The shelter cannot decide on the dog’s final outcome (for example, adoption, return to owner, or euthanasia) until the case is resolved legally. Courts in Texas may order:
- Return to Owner: If the court finds the dog is not dangerous, it may be returned to its owner with or without restrictions.
- Transfer to Animal Control/Shelter: The dog may be surrendered permanently.
- Euthanasia: If the court declares the dog dangerous, especially if it has inflicted severe injuries, it may order humane euthanasia.
Working With Legal Professionals
Shelter staff often work with animal control officers, local prosecutors, and experienced attorneys. When legal questions arise, such as determining what constitutes a dangerous dog, consulting resources like a Hurst dog bite lawyer provides valuable local expertise.
Testimony and Reporting
Shelter staff may need to testify about the dog’s condition, health, and behavior while in custody. Clear and objective reports help the court understand the dog’s demeanor outside the stressful incident.
After the Case: What Happens Next?
Once the court orders a final disposition:
- Adoption: If the dog is deemed safe, it may be placed for adoption. Behavioral assessments and disclosure to potential adopters are mandatory.
- Euthanasia: If ordered, the process must be humane and carried out by qualified veterinary staff, following Texas law.
- Owner Reclaim: The owner may reclaim the pet, sometimes with specific restrictions such as mandatory training, muzzling, or the installation of secure fencing.
Risk Management and Community Safety
Statistics show dog attacks, while rare, have serious effects on community trust and public safety. In Texas, there are several dozen dog bite fatalities each year, and hundreds more severe injuries, many involving children. Proper shelter procedure not only protects the legal process but also public health.
Shelters should conduct regular staff training, maintain strict protocols for aggressive animal handling, and build strong relationships with local law enforcement and animal control. This ensures smooth, safe management in the event of a criminal investigation.
Final Thoughts
Shelters play a critical role after a dog attack under criminal investigation. Their main duties are to ensure safety, comply with Texas law, support the legal process with solid evidence, and care for the animal as humanely as possible. A clear understanding of these responsibilities, combined with thorough documentation and ethical animal care, supports both justice for the victim and fair treatment of the animal involved. When questions arise about liability, dangerous dog definitions, or legal process, consulting with a qualified local attorney—like a Hurst dog bite lawyer—can provide the guidance needed to do things right.