Post by sally Foster on Jun 15, 2009 7:17:09 GMT -5
:'(I do cat rescue and am a legitimate member of the rescue community. I am also a personal care provider for a paraplegic woman named Debe who lives in Los Gatos. She has 3 cats and a small dog that I provide care for, as well. Since I am here around 20 hours/day, I keep several of my fosters here that require daily meds/treatment or are being taken to adoption fairs in this area on weekends. Most of the rescues in my care are housed at my own home, which is in unincorporated SC Co.
On 5/29/09 an officer with San Jose Animal Care and Services came to the house in LG accompanied by a police officer. He said they had received a complaint from a vet and had an order to seize a cat from me for euthanasia. I was stunned...I had no idea whether or not such an action was legal. It was a Friday afternoon and there was no way for me to try and verify if this was the case or try to get legal help. The officer asked to enter the house and I refused. I stepped outside and tried to reason with him. I explained that I did have a cat who was terminally ill, but that he was receiving hospice care and had been seen by more than one vet and that when it was deemed time for Mac to be euthanized, I had arranged for a vet to come to the home to do so. I suggested that it was rather presumptuous for a vet who had seen Mac just once, for only a few minutes, to make such a life/death judgement and who appointed her God? I mentioned that he had been seen by another licensed vet the day before who had NOT considered he needed to be euthanized at that point. I finally brought Mac to the door so the officer could see that he was not depressed or "suffering." At first the officer seemed to be listening and considering what I had to say. He even told me that a peaceful crossing at home is what he would prefer for his own pets. He commented that I seemed to know a lot and I told him I'd been doing rescue for a lot of years and if one is going to be caring for animals it was necessary to become knowledgeable in that regard. I told him I was a legitimate rescuer and mentioned some of my affiliations.
But even after all that I had explained, which should have indicated that Mac and all the cats in my care were being cared for responsibly, and that there was "reasonable doubt" as to that vet's assertion, the officer still insisted that I must give Mac to him. When I objected, strenuously, he threatened that if I did not cooperate and turn him over, I would be arrested and criminal charges would be filed.
My sweet little boy Mac in his basket was forcibly pulled from my arms; he was looking at me with terror in his eyes and trying to climb out and come to me...they shoved him back down into his basket and shut him up in a compartment of the truck. The officer then demanded entry to search the house. At this point, I do not clearly remember the exact sequence of events; I was feeling intimidated and traumatized and I think I got rather hysterical. Debe, who is bedridden. asked to speak to the officer...I guess she thought that if she could speak as witness to the care Mac had received and that the other vet who had come to the house had NOT recommended euthanasia, it might somehow make a difference. He had to enter the house to speak to her, but we never gave permission for them to search, which they did, while keeping me outside and not allowing me to try and contact anyone. Another cat was also seized who has multiple health issues (and was also receiving ongoing care) who was "not in plain view," but only found upon searching. A second truck and two more officers were called in, with the intention of seizing ALL the cats that were here except the three belonging to Debe, which amounted to 5 teenagers and 2 adults, who were being taken to adoption fairs on weekends plus a surrogate mom cat with 4 4-wk. old kittens being fostered for a rescue partner. The house is a large, 2-story one with ample room and it is well maintained. All of the other cats were in excellent health. Debe objected to this strenuously, insisting they had no cause to take away the healthy cats. In the end, the only other cats they removed were the mom/kittens who belonged to another rescuer. The officer indicated he would be taking them TO HER as she was working at the shelter that evening. They were, however, taken to the shelter and impounded, risking exposing them to who knows what and held for almost a week "pending investigation." Such action on their part was totally uncalled for. The mom/kittens were finally released to the other rescuer six days later.
The officer came here with extreme prejudice; he refused to consider anything I had to say and made disparaging comments to the woman I care for about how he "sees it all the time," people with too many animals who "get overwhelmed." She told him I was NOT a hoarder and that I was NOT overwhelmed but taking excellent care of all the animals, including Mac the subject of the vet's complaint. He commented on how dirty the house was (NOT so, except for the floor in the kitchen where the little dog who has weak kidneys sometimes piddles so it has to be cleaned daily) which I was getting ready to steam mop, with the mop sitting in plain view.) The litterboxes are scooped twice daily and washed out weekly. He implied that I was endangering her health by having so many cats there, and suggested she could call him any time she felt "threatened." As she is an awesome foster mom for bottle babies, she found his attitude insulting.
The cat who was the subject of the vet's complaint, Macao, was terminally ill, with a probable diagnosis of non-effusive FIP. The complainant vet, Dr. R., had provided misinformation indicating that he had "tested positive for FIP" when there is no definitive test for it, and that I was endangering other cats by exposure to him, but cats with end stage are NOT contagious. I told the officer she was misrepresenting the facts and gave him the names of two reknowned researchers who would contradict the basis for the complaint, which should have established that there was reasonable doubt" as to the validity of her complaint.
In any case, Mac had been receiving intensive supportive care since a crisis developed on 3/21/09 and he had been seen by another vet, Dr. M., prior to that on 2/05/09 at which time a tentative diagnosis of a possible partial obstruction in the bowel had been suggested. Mac had been seen/treated at the clinic where the vet who filed the complaint was employed three times since 3/21/09, but by another vet, Dr., V. He was seen, very briefly, by the complainant vet, Dr. R., on 5/27.
The reason for that 4th visit to the clinic was to obtain injectable antibiotics and to ask for further instruction in properly expressing Mac's bladder. He had experienced a temporary episode (for one day) of partial paralysis on his left side about a week prior which made it difficult for him to walk. A treatment of high-dose calcium had resulted in his being able to walk again, though he was still a bit wobbly, so I called a vet who does accupuncture to come treat him on 5/26/09 to see if that might improve his equilibrium. At that time it was discovered that Mac's bladder was not emptying properly and had become engorged. Dr. M. showed me how to express the urine, but with some difficulty. She indicated to me that if the treatment did not result in a return to normal bladder function, I would need to express his bladder several times a day or the urine would back up into his kidneys and result in fatal toxicity. I discussed with Dr. M. that in the eventuality Mac's bladder function did not improve or his condition deteriorated further, it would be time to let him go and asked her for the phone number of a vet who makes house calls for euthanasia. She told me to let her know if he was maintaining OK and she would send some herbs to treat a recurrence of diarrhea.
I tried again to express more urine from Mac's bladder later in the day and my technique was evidently less than proper for Mac reacted by biting me. This told me that I needed further assistance to get the job done properly...I called to inquire about the possibility of having him catheterized to drain his bladder, but that would require anesthesia and the cost was prohibitive. I called a friend who is a vet tech, and then another friend who had a cat for many years who could not empty her bladder, who told me such cats are prone to bladder infections and need to be kept on antibiotics. As per her helpful suggestions, I was able to express most of the urine from Mac's bladder that evening without causing him distress. The next morning I was again successful, but I decided to take him back to the clinic again for injectable antibiotics and asked for further instruction, just to make sure.
After seeing Mac for only a few minutes and without asking me how he was doing at home, this vet who filed the complaint told me that she thought his quality of life at that point was pretty poor. I disagreed with her...she was seeing him in a clinical setting which was stressful for him and he had difficulty standing on the slippery stainless steel exam table. He was still alert, motivated to eat on his own, able to get around and enjoyed walking out into the garden in the morning to lie in the grass and catch some rays, then move to a shady spot when it got too hot there. He had a little basket with a heating pad and snuggly fleece blanket he liked to curl up in and at night he would seek me out and crawl onto my chest, to snuggle up, giving me nose butts and kisses while I gave him reiki treatment; he would purr us both to sleep. I told her that he was admittedly a very sick cat and probably experiencing some discomfort, but he wasn't letting me know he was ready to leave his body yet and not exhibiting signs of serious pain or depression. I told her that when that time came, I had a vet who makes house calls for euthanasia. I prefer that my furkids are able to cross over in a loving, peaceful and familiar setting, not in a stressful, strange clinical one.
Dr. R. to accept my explanation. She did not say that she thought Mac's condition mandated euthanasia. She showed me how to express his bladder, gave him a Convenia injection (which lasts for two weeks!), said she would call in an Rx for him for liquid Pred, took my money and I left.
The next day, the 28th, Mac had a relatively good day. He was able to go out into the garden on his own and enjoy the fresh air. He moved about on his own volition and came back in to snuggle in his basket in the afternoon. He ate well, on his own, and seemed to have regained some bladder function, as it was not necessary for me to express his bladder. At night, he snuggled with me for his reiki treatment, as usual.
Friday morning, the 29th, Mac seemed to feel less energetic and when he tried to get up and go outside for his morning constitutional, his hind legs were too weak to support him so I carried him outside. Later, when he tried to come back in, his hind legs dragged behind him so I carried him in, put him in his basket and turned it so he could look out the screen into the garden. He was resting peacefully while I prepared afternoon meds and supps for he and another cat who had multiple health issues, when the Animal Control "Gestapo" arrived.
My sweet boy Mac was taken to the shelter and summarily PTS. The would not allow me to go be with him, but my rescue partner who works part time there was able to hold him. It was a dreadful experience for him to be taken from me like he was and a far cry from the gentle, peaceful crossing I would have given him. How can that horrrid vet justify that putting him through that was a better alternative? What Dr. R. caused to happen was far more cruel than what she had accused me of by not having him immediately euthanized the day she saw him. Why did she go ahead and treat him and take my money, then betray me and report me to the authorities who have cited me for violating section 597.1 of the CA Penal Code for "not providing adequate/veterinary care," which amounts to animal abuse. Mac most certainly did receive more than adequate care; he was receiving intensive, loving, supportive care. It is outrageous!
I thought that Kimball, the other cat seized, had also been PTS, but my friend found out a week later that he is still alive and being held at the shelter in a medical ward and receiving treatment, though the meds they had him on (Metacam) had given him stomach ulcers when I had tried that treatment for him some months prior. He has multiple health issues (FIV+, CRF and severe stomatitis) and had been/was receiving treatment utilizing a variety of modalities, including nutritional therapy, homeopathic remedies, herbal therapy, accupuncture and some traditional meds as well. He was just getting over a persistent URI and due to a malabsorption issue had lost a lot of weight; he looked much like someone who has undergone chemo and has a gaunt, wasted appearance. But one cannot make a judgement as to overall quality of life based on outward appearance, alone. It did hurt me to look at how thin he had become, and how sore his mouth was at times, but Kimball has a very determined spirit and still has a strong will to live, so I kept trying to find some type of treatment that would help him.
I went to the shelter last Sunday when I found out Kimball was still alive and asked that he be returned to me, but was refused. I was told very rudely that he is being held "pending investigation." To hold an immune compromised cat in a stressful shelter environment is much more of a threat to his life than anything I may have done for or to him. They have removed him from a loving home where he was receiving far more intensive care than he is getting at that shelter. There he is confined to a cold stainless steel cage...no soft blanket or heating pad, no chance to go out in the garden to lounge in the grass and enjoy fresh air, no chance to snuggle at night and get reiki or steal salmon chunks off my plate. These morons have no inclination to think of what is in an animal's "best interest" but only in their own narrow-minded agenda to enforce some law. In this case, the intent of section 597.1 is being perverted, for I most certainly did not fail to provide adequate care to either of these unfortunate, innocent feline souls.
To add insult to injury, when there had been no response to my request for the post-seizure hearing to which I am entitled, by law, and for which I had submitted the request, in person, within the required 48-hour period post-seizure, I was informed that I had not submitted such a request. When I stated that I had, indeed, done so, I was told, with attitude, they had no record of receiving the request, that I would NOT be given a hearing and that CRIMINAL charges would be filed against me.
I cannot believe this is happening! How can a loving, responsible caretaker such as myself be accused of cruelty to animals?? If I am not able to successfully defend myself, they can seize all the animals in my care and prevent me from being able to have animals in the future. I've had animals all my life...they ARE my life! I do not have the financial resources to hire a competent criminal attorney to represent me. And each day my poor Kimball remains imprisoned in that Animal Auchwitz they call a "shelter," I will be liable for more treatment and fees, which I doubt I will be able to pay. With his health issues, Kimball is not considered "adoptable" and no other rescue would be inclined to pull him out...he will just be killed.
I can't believe this is happening to me! Has anyone out there heard of a similar situation? What can I do to stop this travesty from ruining my reputation and forcing me into bankruptcy to say nothing about what may happen to the many innocent feline souls in my custody/care.
Sincerely, Sally Foster in San Jose, CA
and had been seen by another vet who does accupuncture/Chinese medicine just the day before on 5/26. On that day Mac was given accupuncture
On 5/29/09 an officer with San Jose Animal Care and Services came to the house in LG accompanied by a police officer. He said they had received a complaint from a vet and had an order to seize a cat from me for euthanasia. I was stunned...I had no idea whether or not such an action was legal. It was a Friday afternoon and there was no way for me to try and verify if this was the case or try to get legal help. The officer asked to enter the house and I refused. I stepped outside and tried to reason with him. I explained that I did have a cat who was terminally ill, but that he was receiving hospice care and had been seen by more than one vet and that when it was deemed time for Mac to be euthanized, I had arranged for a vet to come to the home to do so. I suggested that it was rather presumptuous for a vet who had seen Mac just once, for only a few minutes, to make such a life/death judgement and who appointed her God? I mentioned that he had been seen by another licensed vet the day before who had NOT considered he needed to be euthanized at that point. I finally brought Mac to the door so the officer could see that he was not depressed or "suffering." At first the officer seemed to be listening and considering what I had to say. He even told me that a peaceful crossing at home is what he would prefer for his own pets. He commented that I seemed to know a lot and I told him I'd been doing rescue for a lot of years and if one is going to be caring for animals it was necessary to become knowledgeable in that regard. I told him I was a legitimate rescuer and mentioned some of my affiliations.
But even after all that I had explained, which should have indicated that Mac and all the cats in my care were being cared for responsibly, and that there was "reasonable doubt" as to that vet's assertion, the officer still insisted that I must give Mac to him. When I objected, strenuously, he threatened that if I did not cooperate and turn him over, I would be arrested and criminal charges would be filed.
My sweet little boy Mac in his basket was forcibly pulled from my arms; he was looking at me with terror in his eyes and trying to climb out and come to me...they shoved him back down into his basket and shut him up in a compartment of the truck. The officer then demanded entry to search the house. At this point, I do not clearly remember the exact sequence of events; I was feeling intimidated and traumatized and I think I got rather hysterical. Debe, who is bedridden. asked to speak to the officer...I guess she thought that if she could speak as witness to the care Mac had received and that the other vet who had come to the house had NOT recommended euthanasia, it might somehow make a difference. He had to enter the house to speak to her, but we never gave permission for them to search, which they did, while keeping me outside and not allowing me to try and contact anyone. Another cat was also seized who has multiple health issues (and was also receiving ongoing care) who was "not in plain view," but only found upon searching. A second truck and two more officers were called in, with the intention of seizing ALL the cats that were here except the three belonging to Debe, which amounted to 5 teenagers and 2 adults, who were being taken to adoption fairs on weekends plus a surrogate mom cat with 4 4-wk. old kittens being fostered for a rescue partner. The house is a large, 2-story one with ample room and it is well maintained. All of the other cats were in excellent health. Debe objected to this strenuously, insisting they had no cause to take away the healthy cats. In the end, the only other cats they removed were the mom/kittens who belonged to another rescuer. The officer indicated he would be taking them TO HER as she was working at the shelter that evening. They were, however, taken to the shelter and impounded, risking exposing them to who knows what and held for almost a week "pending investigation." Such action on their part was totally uncalled for. The mom/kittens were finally released to the other rescuer six days later.
The officer came here with extreme prejudice; he refused to consider anything I had to say and made disparaging comments to the woman I care for about how he "sees it all the time," people with too many animals who "get overwhelmed." She told him I was NOT a hoarder and that I was NOT overwhelmed but taking excellent care of all the animals, including Mac the subject of the vet's complaint. He commented on how dirty the house was (NOT so, except for the floor in the kitchen where the little dog who has weak kidneys sometimes piddles so it has to be cleaned daily) which I was getting ready to steam mop, with the mop sitting in plain view.) The litterboxes are scooped twice daily and washed out weekly. He implied that I was endangering her health by having so many cats there, and suggested she could call him any time she felt "threatened." As she is an awesome foster mom for bottle babies, she found his attitude insulting.
The cat who was the subject of the vet's complaint, Macao, was terminally ill, with a probable diagnosis of non-effusive FIP. The complainant vet, Dr. R., had provided misinformation indicating that he had "tested positive for FIP" when there is no definitive test for it, and that I was endangering other cats by exposure to him, but cats with end stage are NOT contagious. I told the officer she was misrepresenting the facts and gave him the names of two reknowned researchers who would contradict the basis for the complaint, which should have established that there was reasonable doubt" as to the validity of her complaint.
In any case, Mac had been receiving intensive supportive care since a crisis developed on 3/21/09 and he had been seen by another vet, Dr. M., prior to that on 2/05/09 at which time a tentative diagnosis of a possible partial obstruction in the bowel had been suggested. Mac had been seen/treated at the clinic where the vet who filed the complaint was employed three times since 3/21/09, but by another vet, Dr., V. He was seen, very briefly, by the complainant vet, Dr. R., on 5/27.
The reason for that 4th visit to the clinic was to obtain injectable antibiotics and to ask for further instruction in properly expressing Mac's bladder. He had experienced a temporary episode (for one day) of partial paralysis on his left side about a week prior which made it difficult for him to walk. A treatment of high-dose calcium had resulted in his being able to walk again, though he was still a bit wobbly, so I called a vet who does accupuncture to come treat him on 5/26/09 to see if that might improve his equilibrium. At that time it was discovered that Mac's bladder was not emptying properly and had become engorged. Dr. M. showed me how to express the urine, but with some difficulty. She indicated to me that if the treatment did not result in a return to normal bladder function, I would need to express his bladder several times a day or the urine would back up into his kidneys and result in fatal toxicity. I discussed with Dr. M. that in the eventuality Mac's bladder function did not improve or his condition deteriorated further, it would be time to let him go and asked her for the phone number of a vet who makes house calls for euthanasia. She told me to let her know if he was maintaining OK and she would send some herbs to treat a recurrence of diarrhea.
I tried again to express more urine from Mac's bladder later in the day and my technique was evidently less than proper for Mac reacted by biting me. This told me that I needed further assistance to get the job done properly...I called to inquire about the possibility of having him catheterized to drain his bladder, but that would require anesthesia and the cost was prohibitive. I called a friend who is a vet tech, and then another friend who had a cat for many years who could not empty her bladder, who told me such cats are prone to bladder infections and need to be kept on antibiotics. As per her helpful suggestions, I was able to express most of the urine from Mac's bladder that evening without causing him distress. The next morning I was again successful, but I decided to take him back to the clinic again for injectable antibiotics and asked for further instruction, just to make sure.
After seeing Mac for only a few minutes and without asking me how he was doing at home, this vet who filed the complaint told me that she thought his quality of life at that point was pretty poor. I disagreed with her...she was seeing him in a clinical setting which was stressful for him and he had difficulty standing on the slippery stainless steel exam table. He was still alert, motivated to eat on his own, able to get around and enjoyed walking out into the garden in the morning to lie in the grass and catch some rays, then move to a shady spot when it got too hot there. He had a little basket with a heating pad and snuggly fleece blanket he liked to curl up in and at night he would seek me out and crawl onto my chest, to snuggle up, giving me nose butts and kisses while I gave him reiki treatment; he would purr us both to sleep. I told her that he was admittedly a very sick cat and probably experiencing some discomfort, but he wasn't letting me know he was ready to leave his body yet and not exhibiting signs of serious pain or depression. I told her that when that time came, I had a vet who makes house calls for euthanasia. I prefer that my furkids are able to cross over in a loving, peaceful and familiar setting, not in a stressful, strange clinical one.
Dr. R. to accept my explanation. She did not say that she thought Mac's condition mandated euthanasia. She showed me how to express his bladder, gave him a Convenia injection (which lasts for two weeks!), said she would call in an Rx for him for liquid Pred, took my money and I left.
The next day, the 28th, Mac had a relatively good day. He was able to go out into the garden on his own and enjoy the fresh air. He moved about on his own volition and came back in to snuggle in his basket in the afternoon. He ate well, on his own, and seemed to have regained some bladder function, as it was not necessary for me to express his bladder. At night, he snuggled with me for his reiki treatment, as usual.
Friday morning, the 29th, Mac seemed to feel less energetic and when he tried to get up and go outside for his morning constitutional, his hind legs were too weak to support him so I carried him outside. Later, when he tried to come back in, his hind legs dragged behind him so I carried him in, put him in his basket and turned it so he could look out the screen into the garden. He was resting peacefully while I prepared afternoon meds and supps for he and another cat who had multiple health issues, when the Animal Control "Gestapo" arrived.
My sweet boy Mac was taken to the shelter and summarily PTS. The would not allow me to go be with him, but my rescue partner who works part time there was able to hold him. It was a dreadful experience for him to be taken from me like he was and a far cry from the gentle, peaceful crossing I would have given him. How can that horrrid vet justify that putting him through that was a better alternative? What Dr. R. caused to happen was far more cruel than what she had accused me of by not having him immediately euthanized the day she saw him. Why did she go ahead and treat him and take my money, then betray me and report me to the authorities who have cited me for violating section 597.1 of the CA Penal Code for "not providing adequate/veterinary care," which amounts to animal abuse. Mac most certainly did receive more than adequate care; he was receiving intensive, loving, supportive care. It is outrageous!
I thought that Kimball, the other cat seized, had also been PTS, but my friend found out a week later that he is still alive and being held at the shelter in a medical ward and receiving treatment, though the meds they had him on (Metacam) had given him stomach ulcers when I had tried that treatment for him some months prior. He has multiple health issues (FIV+, CRF and severe stomatitis) and had been/was receiving treatment utilizing a variety of modalities, including nutritional therapy, homeopathic remedies, herbal therapy, accupuncture and some traditional meds as well. He was just getting over a persistent URI and due to a malabsorption issue had lost a lot of weight; he looked much like someone who has undergone chemo and has a gaunt, wasted appearance. But one cannot make a judgement as to overall quality of life based on outward appearance, alone. It did hurt me to look at how thin he had become, and how sore his mouth was at times, but Kimball has a very determined spirit and still has a strong will to live, so I kept trying to find some type of treatment that would help him.
I went to the shelter last Sunday when I found out Kimball was still alive and asked that he be returned to me, but was refused. I was told very rudely that he is being held "pending investigation." To hold an immune compromised cat in a stressful shelter environment is much more of a threat to his life than anything I may have done for or to him. They have removed him from a loving home where he was receiving far more intensive care than he is getting at that shelter. There he is confined to a cold stainless steel cage...no soft blanket or heating pad, no chance to go out in the garden to lounge in the grass and enjoy fresh air, no chance to snuggle at night and get reiki or steal salmon chunks off my plate. These morons have no inclination to think of what is in an animal's "best interest" but only in their own narrow-minded agenda to enforce some law. In this case, the intent of section 597.1 is being perverted, for I most certainly did not fail to provide adequate care to either of these unfortunate, innocent feline souls.
To add insult to injury, when there had been no response to my request for the post-seizure hearing to which I am entitled, by law, and for which I had submitted the request, in person, within the required 48-hour period post-seizure, I was informed that I had not submitted such a request. When I stated that I had, indeed, done so, I was told, with attitude, they had no record of receiving the request, that I would NOT be given a hearing and that CRIMINAL charges would be filed against me.
I cannot believe this is happening! How can a loving, responsible caretaker such as myself be accused of cruelty to animals?? If I am not able to successfully defend myself, they can seize all the animals in my care and prevent me from being able to have animals in the future. I've had animals all my life...they ARE my life! I do not have the financial resources to hire a competent criminal attorney to represent me. And each day my poor Kimball remains imprisoned in that Animal Auchwitz they call a "shelter," I will be liable for more treatment and fees, which I doubt I will be able to pay. With his health issues, Kimball is not considered "adoptable" and no other rescue would be inclined to pull him out...he will just be killed.
I can't believe this is happening to me! Has anyone out there heard of a similar situation? What can I do to stop this travesty from ruining my reputation and forcing me into bankruptcy to say nothing about what may happen to the many innocent feline souls in my custody/care.
Sincerely, Sally Foster in San Jose, CA
and had been seen by another vet who does accupuncture/Chinese medicine just the day before on 5/26. On that day Mac was given accupuncture