Re: service dog paperwork
[Re: Willie Tilton ]
#284512 - 07/13/2010 11:10 AM |
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Cool! Thanks Willie. Great links. This is what I came up with, and why I questioned the wording:
“Service animal means any guide dog, signal dog or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability including, but not limited to guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, minimal protection or rescue work, pulling a wheelchair or fetching dropped items.
Reference: 28 CFR 36.104; (CFR = Code of Federal Regulations);
Website: http://www.gpoaccess.gov/cfr/index.html
I seem to remember some brouhaha around the wording not so long ago. It was my understanding that "to do work" was left in the phrasing after some big legislative argument between service dog groups with different need emphasis. The big issue was that the wording (with the inclusion of "to do work") leaves the specifics more open to interpretation, but would allow for the inclusion of a broader segment of the disabled public. EX: sometimes an Autism dog's only task is to 'be there', but without the dog the child is unresponsive. Being there is not a trained task, but IS work performed by the dog for a disabled person. By limiting the definition to performing physical tasks, it excludes those who's disabilities aren't physical. I guess that's why I feel he wording is so important, and am concerned about the exclusion of "to do work" if it is indeed now excluded.
It's true that an instinctive behaviour can be shaped and reinforced, and in that way be considered a 'trained' behaviour. The explanation of training could be as simple as "he's trained to mitigate panic attacks", as long as the disabled person isn't asked to show the behaviour I suppose it's all good. It would be pretty awful to have to initiate a panic attack to prove that the dog alerts.
In any case, ANY service dog should have public access training and be able to behave appropriately in public. It doesn't sound at all like the "service dogs" mentioned in the original post are the least bit appropriate.
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Re: service dog paperwork
[Re: Kristel Smart ]
#284547 - 07/13/2010 02:50 PM |
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You guys are all fantastic and such a huge help. My friend didn't know where to start and I am running on bare edges of energy still. (Turns out pneumonia triggered the 'flare up' I had last week. so I am whooped...just able to run my business with my kid's WONDERFUL help!)
I know this lady is trying to jerk folks around...it is her nature. She doesn't pull it with me cause I can just say...Never come back. I love owning my own business.
Thanks again.
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Re: service dog paperwork
[Re: Willie Tilton ]
#284551 - 07/13/2010 03:09 PM |
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This is an interesting subject that I have wondered about. We know a family who's dad has epilepsy. They got a yellow lab puppy a couple years ago, for a pet. Then they found out last year that right before a person with epilepsy has a seizure, the copper levels in their blood goes way up and apparently dogs are really sensitive to that smell. So basically ANY dog would start sniffing you if they smelled this copper smell. This family was able to call the dog a service dog and even get a vest for him that said 'service dog'. Now they can take him into stores, state and national parks that don't allow dogs, etc. This person has only had 1 or 2 seizures in 5 years, but because it's a possibility their dog can go anywhere - and none of this was trained, certified or even applied for. Seems kind of weird to me when Kasey and I are practically having to get security clearances for doing therapy work!
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Re: service dog paperwork
[Re: Lori Hall ]
#284560 - 07/13/2010 03:29 PM |
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The two get confused a lot, but the rules governing service dogs vs. therapy dogs are entirely different. And let's not forget ESA's (emotional support animals).....
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Re: service dog paperwork
[Re: Kristel Smart ]
#284566 - 07/13/2010 05:09 PM |
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Re: service dog paperwork
[Re: Tammy Moore ]
#284599 - 07/13/2010 09:58 PM |
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Tammy,
I don't mean to offend you, but you said some things that I wanted to clarify for any lurkers out there reading this thread.
I have taken my information right from the federal ADA site.
This is totally not personal, I enjoy you and your posts.
They should, but many don't! There are only a handful of legitimate organizations which trains and certifies their dogs as federally recognized service animals ,
I don't understand this statement. It makes it sound as if only those dogs trained and "certified" (There is no such thing as federal certification) by a legitimate organization are federally recognized.
This isn't true.
The ADA which is a federal law, defines a service animal as such....
"The ADA defines a service animal as any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. If they meet this definition, animals are considered service animals under the ADA regardless of whether they have been licensed or certified by a state or local government."
According to this, if the dog meets the above requirements...it is considered a service animal and thus federally recognized...no special certification or training by a special organization.
I have no problem with people training their own service dogs, but I do feel if any service animal has public access, they need to be tested.
There is no federally approved test or testing standards. If the dog or animal meets the ADA requirements it is a service animal.
The delta society, Iaadp, or Assistance Dogs International and any other number of organizations have their own standards and tests..but there is no FEDERAL test or certification.
I REALLY wish there was a federal test and testing centers, but right now there isn't.
Some states have standards, but since federal law takes precedence over state law they those standards can't be enforced.
I am sure a dog with no OB, and not housebroken would qualify!
According to the ADA, a dog like this would not qualify to be a service dog and a business would be able to legally dismiss the dog.
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Re: service dog paperwork
[Re: Willie Tilton ]
#284602 - 07/13/2010 10:24 PM |
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You beat me, Willie. I had a big ol' explanation typed. lol
I think MOST folks have read or heard that there is a federal certification/oversight SD arm, so it's good that this topic came up.
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Re: service dog paperwork
[Re: Connie Sutherland ]
#284605 - 07/13/2010 10:30 PM |
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Well, I'd love to hear it from your angle!!!!!!!
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Re: service dog paperwork
[Re: Willie Tilton ]
#284612 - 07/13/2010 10:41 PM |
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Well, I'd love to hear it from your angle!!!!!!!
Just pretend your post was crappy and with only half the info included.
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Re: service dog paperwork
[Re: Connie Sutherland ]
#284614 - 07/13/2010 10:54 PM |
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lol Connie......I doubt that.
I've prolly helped several people drift off to sleep tonight with all my information......
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