Why I Think the New Jersey Department of Health Should Inspect Associated Humane Societies-Newark

Associated Humane Societies-Newark has a history of doing the wrong things for its animals. In 2003, the State of New Jersey Commission of Investigation (“SCI”) issued a scathing report on AHS and concluded:

The history of AHS’s shelter operation has been dominated by deplorable kennel conditions, inhumane treatment of animals by workers, mismanagement and nonexistent or inadequate medical care. The problems were neither singular nor occasional. The accounts and descriptions provided by members of the public and former and current staff members, including veterinarians, paint a bleak picture of shelter life. The reality for the animals belied AHS’s propaganda that its “sole purpose” has been “the care and welfare of animals” and that it has “a high adoption rate.”

In 2009 and 2011, the New Jersey Department of Health detailed extensive violations of New Jersey animal shelter laws. Animals lived in filthy kennels and were covered in feces. Dogs were housed in kennels with a collapsed roof and workers were throwing damaged roof material directly over these dogs. Additionally outdoor drains were in severe disrepair, no isolation areas for sick large dogs existed, automatic dog feeders were filthy, dogs were exposed to contaminated water and chemicals during the cleaning process, and some animals were not receiving prompt medical care.

In recent years, I’ve heard several people state AHS-Newark no longer is a house of horrors. While I certainly believe the shelter is better than it was under Lee Bernstein, the organization’s current Executive Director, Roseann Trezza, has been in charge when many of these problems occurred. Is AHS-Newark just hunky dory or does it still have tremendous problems?

As described in a prior blog, I obtained a large number of intake and disposition records for animals AHS-Newark primarily impounded from animal control in the City of Newark during 2014. These records included 1,615 dogs and cats. Unfortunately, I don’t have access to other types of AHS-Newark records. Ultimately, we would need a proper inspection, which would involve reviewing additional types of records, to determine whether AHS Newark violated state shelter laws. Therefore, people should not conclude AHS-Newark violated any laws unless a New Jersey Department of Health inspection makes this determination. However, I think there are reasonable grounds to suspect AHS-Newark might not have complied with state shelter laws at times based on my review of a large sample of AHS-Newark’s 2014 intake and disposition records.

Animals Killed During 7 Day Hold Period

New Jersey animal shelter law clearly states shelters must not kill animals, whether they are strays or owner surrenders, for at least 7 days. Furthermore, the New Jersey Department of Health recently issued guidance summarizing the law’s requirements:

Pursuant to State law (N.J.S.A. 4:19-15.16 a. through l.) all municipalities must have a licensed animal impoundment facility (pound) designated where stray and potentially vicious animals can be safely impounded. Impounded stray animals shall be held at the pound for at least seven days (i.e., 168 hours) from the time impounded before the animal is offered for adoption or euthanized, relocated or sterilized, regardless of the animal’s temperament or medical condition.

Animals that are voluntarily surrendered by their owners to licensed pounds or shelters shall be offered for adoption for at least seven days prior to euthanasia or shelter/pound management may transfer the animal to an animal rescue organization facility or a foster home prior to offering it for adoption if such a transfer is determined to be in the best interest of the animal.

In practice, the New Jersey Department of Health allows shelters to euthanize animals during the 7 day hold period if both of the following conditions are met:

  1. If a veterinarian deems euthanasia necessary for humane reasons to prevent excessive suffering when illness and injury is severe and the prognosis for recovery is extremely poor
  2. Only a licensed veterinarian should perform euthanasia in the above situation and they must clearly document the humane rationale in the animal’s medical record

The New Jersey Department of Health’s July 30, 2009 inspection report detailed AHS-Newark’s killing of animals during the 7 day stray/hold period:

Killed Prior to 7 Day Hold 2009

AHS-Newark killed a number of animals in 2014 during the 7 day hold period according to the records I reviewed. Many of the intake and disposition records did not clearly document a justifiable reason for the killing in my view and/or appeared to indicate a vet tech rather than a veterinarian killed the animals. While I do not have the related medical files on these animals, the shelter does have “health records” listed and AHS-Newark did document appropriate reasons for euthanizing animals during the 7 day hold period in other records I examined. That being said, I would have to review the related medical records on these animals to say for sure that AHS-Newark didn’t have a legitimate humane reason to kill these animals during the 7 day hold period.

AHS-Newark killed dozens of dogs and cats with ringworm during the 7 day hold period. AHS-Newark stated they needed to “protect the shelter” in some of the records. However, AHS-Newark cannot kill animals during the 7 day hold period unless “a veterinarian deems euthanasia necessary for humane reasons to prevent excessive suffering when illness and injury is severe and the prognosis for recovery is extremely poor.” Frankly, ringworm is a highly treatable fungus and killing these animals for ringworm does not meet this standard in my opinion. If AHS-Newark does not have large enough isolation areas, they should contract with fewer municipalities or enact progressive programs to place animals more quickly to create room and reduce disease rates.

Cat ID# 126803 was just 13 months old and AHS-Newark killed this kitten after just 3 days of arriving at the shelter for having ringworm. The intake and dispostion record did not disclose any other health issues. Futhermore, AHS-Newark vet tech, Danya, appeared to kill this cat and not a licensed veterinarian according to the record below.

126803

AHS-Newark killed Cat ID# 129321 on the day he or she arrived at the shelter for having ringworm on the tail and right hind paw. Once again, one of AHS-Newark’s vet techs and not a licensed veterinarian appeared to kill this cat according to the following record.

129321

Furthermore, this record did not include all of the information required by N.J.A.C. 8.23A-1.13(a). Specifically, AHS-Newark did not include the cat’s age, sex or breed on this record.

There shall be kept at each kennel, pet shop, shelter or pound a record of all animals received and/or disposed of. Such record shall state the date each animal was received, description of animal, license number, breed, age and sex; name and address of person from whom acquired; date euthanized and method, or name and address of person to whom sold or otherwise transferred.

AHS-Newark also killed Cat ID# 130709 for ringworm on the day he or she arrived at the shelter. Once again, an AHS-Newark vet tech rather than a licensed veterinarian appeared to kill the cat according to this record. Also, AHS-Newark did not document the cat’s age and sex on this record as required by N.J.A.C. 8.23A-1.13(a).

130709

AHS-Newark killed a dog named Leydi during the 7 day hold period for having ringworm. Leydi was almost 4 years old and surrendered by her owner (I removed names of owners and finders of animals from records in this blog unless the case was publicized). The record states she came in on June 30, 2014 and was killed on that date. However, the record also states Leydi was at the shelter for 3 days. According to the record, “sc”, who I presume is former AHS Assistant Executive Director, Scott Crawford, approved the killing of this dog “to protect the shelter.” Once again, I fail to see how this constitutes a hopelessly suffering animal with a poor prognosis for recovery. Once again, an AHS-Newark vet tech and not a licensed veterinarian appeared to kill Leydi according to this record.

126404

AHS-Newark killed Dog ID# 130241 on the day he or she arrived at the shelter for having ringworm (“Rounded spot without hair”). Once again, one of AHS-Newark’s vet techs and not a licensed veterinarian appeared to kill this dog according to this record. Additionally, this record did not include required information, such as age and sex. Even worse, this record stated AHS-Newark killed the dog at 5:27, but then gave various vaccinations, a deworming, and Frontline flea and tick medicine 7-8 minutes later? Either AHS-Newark applies treatment to dead dogs or can’t keep proper records.

130241

 

ID 130241 Pt 2

AHS-Newark killed Dog ID# 129618 one day after she arrived at the shelter. The 4 and half year old dog was a stray that was found in a yard of a vacant home. Once again, Scott Crawford approved the killing “due to dog having ringworm on the left side of hip and under neck.” Also, one of the shelter’s vet techs and not a licensed veterinarian appeared to kill this dog during the 7 day stray/hold period according to this record.

129618

AHS-Newark also killed a number of animals during the 7 day hold period for no reasons according to the records I reviewed. Cat ID# 127278 was a nearly 11 year old cat that AHS-Newark killed within 2 days of arriving at the shelter. The record below revealed he was was given an FVCRP vaccine, a deworming, and frontline flea and tick medicine the day after he arrived at AHS-Newark. AHS-Newark killed him the next day and the record I reviewed stated no reason for his killing. Additionally, one of AHS-Newark’s vet techs and not a licensed veterinarian appeared to kill this cat according to this record.

127278 pt 1

127278 pt 2

Cat ID# 130535 was a 2 year and 5 month old stray cat. AHS-Newark killed her 6 days after she arrived at the shelter for being “aggressive” and “unable to socialize.” Once again, I fail to see how this was a hopelessly suffering animal that AHS-Newark could possibly justify killing during the 7 day hold period. Additionally, AHS-Newark appeared to use one of its vet techs and not a licensed veterinarian to kill this animal according to this record.

130535

Cat ID# 123355 was a 22 month old cat surrendered by her owner. In this case, AHS-Newark’s vet approved the killing 5 days after the cat arrived at the facility. However, the record stated this animal was “getting sick and too aggressive to be handled for treatment.” The record does not disclose what the illness was, but if it was an upper respiratory infection (URI) I don’t see how this illness would be “severe and the prognosis for recovery is poor.” If this was a URI, AHS-Newark should make sure it has enough space in its isolation area to treat animals or at least let the animals rest in a calm environment if they can’t be handled for treatment during their 7 day hold period. Even if AHS-Newark could kill/euthanize this cat during the 7 day hold period, AHS-Newark should have had a licensed veterinarian and not a vet tech euthanize the animal. According to this record, a vet tech appeared to kill/euthanize Cat ID# 123355.

123355

Separate Records Not Kept for All Animals

The New Jersey Department of Health’s August, 26, 2009 inspection report found AHS-Newark did not keep certain records in accordance with N.J.A.C. 8.23A-1.13(a). The inspectors noted AHS-Newark improperly included multiple animals on the same ID number. As a result, AHS-Newark did not keep all the required information on these animals.

Multiple Animals on Same ID#

On May 16, 2014 AHS-Newark impounded 26 cats from one person. AHS-Newark killed 25 of these cats for having ringworm on the day these cats arrived at the shelter according to the record below. While I think killing these cats only for ringworm may violate the 7 day hold period provision, I also think this record may not comply with the record keeping requirements of N.J.A.C. 8.23A-1.13(a). Specifically, the provision states:

There shall be kept at each kennel, pet shop, shelter or pound a record of all animals received and/or disposed of. Such record shall state the date each animal was received, description of animal, license number, breed, age and sex; name and address of person from whom acquired; date euthanized and method, or name and address of person to whom sold or otherwise transferred.

Given AHS-Newark included all of the animals under the same ID# on this record, we don’t know the age, sex or breed of each of these cats (except for 1 of the 26 cats).

124999

On July 30, 2014 AHS-Newark impounded 223 animals from a Newark pet shop. Unfortunately, the records I reviewed indicated AHS-Newark may have failed to comply with N.J.A.C. 8.23A-1.13(a) by including many animals on the same ID number. One example is the following record where the shelter included 45 cockatiels on the same ID number.

127408

Stray Animals Transferred and Sent to Rescues During the 7 Day Hold Period

The New Jersey Department of Health’s recent summary of the state’s shelter laws says a municipality’s designated shelter or pound must hold stray animals for seven days prior to “relocating” these animals.

Pursuant to State law (N.J.S.A. 4:19-15.16 a. through l.) all municipalities must have a licensed animal impoundment facility (pound) designated where stray and potentially vicious animals can be safely impounded. Impounded stray animals shall be held at the pound for at least seven days (i.e., 168 hours) from the time impounded before the animal is offered for adoption or euthanized, relocated or sterilized, regardless of the animal’s temperament or medical condition.

N.J.A.C. 8.23A-1.10 (b)(7) states a pound can accept a stray from a municipality it does not contract with, but it must notify the ACO in the contracting town and return the animal if the contracting municipality’s facility demands it. If that provision applied here, AHS could transfer animals between AHS-Newark and its other shelters during the 7 day hold period. However, I interpret this provision to only apply to animals initially impounded by the shelter not contracting with the municipality. Thus, I think the law requires the contracting shelter to hold stray animals for 7 days prior to transferring animals to any shelter in order to facilitate owner reclaims.

AHS-Newark appeared to transfer a number of stray animals, which included many highly adoptable dogs, to its Tinton Falls and Popcorn Park facilities during the 7 day hold period. None of the records I reviewed indicated an owner signed the dogs over to AHS-Newark. The Newark Police Department picked up a nearly 5 year old shih tzu on May 26, 2014. After 3 days, AHS-Newark transferred this dog 44 miles away to AHS-Tinton Falls according to the following record.

125293

The Newark Police Department took a 15 month old Labrador retriever mix to AHS-Newark on April 25, 2014. Less than a week later, AHS-Newark sent this dog 72 miles away to AHS-Popcorn Park according to the record. Furthermore, AHS put “Humane News – June 2014” on the record and apparently intended to promote this dog for adoption and/or fundraising.

124421

Newark Animal Control took a stray 3 year and 9 month old German Shepherd to AHS-Newark on July 10, 2014. One day later, AHS-Newark sent the dog 72 miles away to AHS-Popcorn Park according to the following record.

126764

While the New Jersey Department of Health’s interpretation of N.J.S.A. 4:19-15.16 seems clear to me, AHS-Newark’s actions are unethical to me even if they were legal. Many Newark residents do not own cars or even know where the Tinton Falls and Popcorn Park facilities are. Making these owners travel over 40 and 70 miles away decreases the chance these dogs can return to their families. Frankly, the fact that these dogs were highly adoptable breeds makes me think AHS was more concerned with earning adoption fees and/or fundraising off these animals.

AHS-Newark also appeared to send some stray animals to rescues during the 7 day hold period. While the frequency of this practice was nowhere near as common as I found at the nearby Elizabeth Animal Shelter, this would violate the 7 day stray hold period if true. On November 28, 2014, AHS-Newark impounded Cat ID# 130941 as a stray. According to AHS-Newark’s intake and disposition record, this cat, which had ear mites, spent 4 days at AHS-Newark and was sent to Mt. Pleasant Animal Shelter (record states “rescue”, but I think they meant animal shelter).

Cat 130941.jpg

On December 11, 2014 AHS-Newark took in Cat ID# 131175 as a stray. According to the AHS-Newark record below, the shelter transferred the cat to Perfect Pals rescue five days later on December 16, 2014. Thus, according to this record, AHS-Newark did not hold this stray cat the required 7 days.

Cat ID 131175 rescued during 7 day hold

On December 29, 2014 someone left a stray 6 month old pit bull named Goldie at AHS-Newark. The record below does not indicate that the owner surrendered the animal to AHS-Newark. According to this record, AHS-Newark transferred the dog to Coming Home Rescue 6 days later. Thus, if this record is accurate, AHS-Newark would have transferred this dog prior to the end of the 7 day stray hold period.

ID 131452 Rescued During 7 Day Hold

Newark Department of Health and Community Wellness Fails to Conduct Proper Inspections

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. The City of Newark’s Department of Health and Community Wellness is the agency responsible for inspecting AHS-Newark.

Newark’s Department of Health and Community Wellness performed inadequate inspections for many years. On December 5, 2008, the City of Newark inspected AHS-Newark and issued a “Satisfactory” rating. While the inspection report noted some violations, the virtually illegible comments in the report were very limited. In July 2009, the New Jersey Department of Health inspected AHS-Newark and found shocking violations. While I could write a series of blogs on this inspection, the following photos show the horrific conditions at the shelter:

6 Puppy with wounded ears

13 Dogs in feces

15 Dogs in dirty kennel

24 Closeup of Mange Dog

The City of Newark also failed to properly inspect AHS-Newark in 2011. On January 18, 2011, the City of Newark stated AHS-Newark fixed all the violations from a November 2010 inspection and issued a satisfactory rating. However, a New Jersey Department of Health inspection less than two months later found terrible problems. The state inspection report noted dogs housed in kennels with a collapsed roof and workers throwing damaged roof material directly over these dogs. Additionally the report stated outdoor drains were in severe disrepair, no isolation areas for sick large dogs existed, automatic dog feeders were filthy, dogs were exposed to contaminated water and chemicals during the cleaning process, and some animals were not receiving prompt medical care.

The following photos were taken during the 2011 inspection:

AHS 2011 Insepction Sick Rottie

AHS 2011 Inspection Cakes on Food 2

AHS 2011 Inspection Dog Near Feces in Drain

AHS 2011 Inspection Dog Under Roof Construction

The New Jersey Department of Health has not issued any additional AHS-Newark inspection reports since 2011 to the best of my knowledge.

The City of Newark’s inspection reports since 2011 do not inspire confidence. On January 7, 2012, the City of Newark inspected AHS-Newark and did not use a proper shelter inspection form. In fact, the City of Newark appeared to use a restaurant inspection form and barely wrote anything in the report. The City of Newark inspected AHS-Newark on March 6, 2013 and again barely wrote anything in its report with a “Satisfactory” rating. Similarly, the City of Newark inspected AHS-Newark on April 9, 2014 and hardly wrote anything in its report. Specifically, the comments stated the shelter used an exterminator, “checked all facilities” and “conditions are satisfactory.” In 2015, the City of Newark issued a single page report with “Satisfactory” checked off. After I began posting AHS-Newark records in 2015 and someone else obtained a number of these inspection reports during that year, the City of Newark issued a marginally better report in 2016. The City of Newark wrote several very short bullet points about the inspection and then checked off a number of items on a checklist. Given AHS-Newark is New Jersey’s largest animal shelter and the history of issues at this facility, I’d expect the City of Newark’s inspector to provide detailed comments on the shelter’s compliance with each provision of applicable state law.

Frankly, these inspections are a joke and the City of Newark has dropped the ball. The City of Newark clearly missed huge problems found in subsequent state inspections in 2009 and 2011. Furthermore, the City of Newark’s Health and Wellness Department’s subsequent inspection reports lacked any real detail to demonstrate they properly inspected AHS-Newark. Thus, I place no value on AHS-Newark’s favorable inspection reports since the 2011 New Jersey Department of Health inspection.

New Jersey Department of Health Must Perform Routine and Robust Inspections

Ultimately, only a competent inspector can determine if AHS-Newark complied with New Jersey shelter laws in the past and current does so. While I did see fewer problems in the records I reviewed for Irvington animals arriving at AHS-Newark in 2015, this was a much smaller data set. As such, I’m asking the New Jersey Department of Health to inspect AHS-Newark.

Clearly, the New Jersey Department of Health must inspect AHS-Newark on a regular basis. Unfortunately, local health departments lack the expertise and the will to properly inspect animal shelters. In fact, I’ve long called for the New Jersey Department of Health to perform legally required inspections. Sadly, the New Jersey Department of Health has only one person, Linda Frese, to inspect all of the state’s shelters, pet shops and boarding facilities. Furthermore, Ms. Frese also is responsible for rabies control in the state as well. Obviously, the Christie administration needs to add inspectors. However, in the meantime, the New Jersey Department of Health should prioritize its time and regularly inspect large shelters with a history of problems like AHS-Newark. Simply put, the stakes are much higher at the state’s largest animal shelters. Thus, the New Jersey Department of Health should inspect AHS-Newark on a quarterly basis until it can demonstrate that the shelter complies with all of the state’s shelter laws.

City of Newark Needs to Carry Out Cory Booker’s Plan for a New No Kill Shelter in Newark

Mayor Ras Baraka must complete former Mayor Booker’s project to build a new no kill shelter. In 2011, the former Mayor announced his intention to build a new no kill shelter in Newark. Unfortunately, I’ve heard nothing about this project since Mr. Booker became a senator. Even if AHS-Newark is in fact complying with state shelter laws, the shelter kills astronomical numbers of animals. Many large cities, such as Kansas City, Missouri, Austin, Texas, Jacksonville, Florida, and Salt Lake City, Utah reached no kill status (i.e. 90% or higher live release rate). In fact, urban shelters with old and outdated facilities can quickly achieve no kill status. For example, Lifeline Animal Project took over Atlanta’s animal control shelters and reached 90% live release rates at its two facilities in just three years. All these shelters take in far more animals than AHS-Newark in total and around the same or more on a per capita basis. AHS Executive Director, Roseann Trezza, has held leadership position in the organization for more than four decades and has led AHS for 13 years. Clearly, Ms. Trezza and her dysfunctional organization cannot end the killing at AHS-Newark. Thus, the City of Newark must take on sheltering its own animals as the city’s contractor has failed Newark’s and other municipalities’ animals time and time again.

Will Mr. Baraka step up for the voiceless or continue to fund the killing of many of his city’s homeless animals?

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