Recognizing and reporting suspected cases of animal abuse

 Acting as medical experts

 Assisting at crime scene investigations

 Collecting and documenting evidence

 Testifying as expert witnesses in court

 Recognizing suspected abuse and neglect of family members and reporting to appropriate authorities

 Identifying species

 Distinguishing captive versus wild caught

 Identifying parasites of specimens (to determine origin)

 Assessing the health status of confiscated animals

The AVMA recognizes that veterinarians may observe cases of animal abuse or neglect as defined by federal or state laws or local ordinances. When these situations cannot be resolved by education, the AVMA considers it the responsibility of the veterinarian to report such cases to appropriate authorities. Disclosure may be necessary to protect the health and welfare of animals and people. Veterinarians should be aware that accurate record keeping and documentation of these cases are invaluable.

In order to encourage veterinarians and practice team members to be responsible leaders in their communities and to assist in the detection and reporting of animal abuse, the profession should educate its members to recognize, document, and report animal abuse, develop forensic models, promote legislation concerning reporting by veterinarians and collaborate with other animal and humane welfare groups and professionals within communities to eliminate the incidence of animal abuse.

 Acquire a working knowledge of applicable laws pertaining to animal cruelty in their state, county, and community

 Know which agency in their jurisdiction is responsible for enforcement of animal cruelty laws and develop a working relationship with that agency

 Establish policies and procedures for recognizing and reporting abuse and provide training for all employees

Chain of Custody

Any evidence related to a crime must follow a chain of custody. This refers to a process of documentation in which the evidence is accounted for at all times, and there is a record of any alteration (e.g., testing; Figure 30-7). Evidence is anything collected or recorded from the animal and includes samples, photographs, radiographs, and the animal itself. It should be the investigating agency or their designee that transports the live or deceased animal to the veterinarian. When that is not possible, a courier service with tracking procedures may be used, and the chain of custody is still maintained.

All evidence must be properly collected, packaged, and labeled, and each item must be recorded in the evidence log (see Figure 30-7). All evidence should be kept in a locked cabinet with restricted access. If the evidence must be kept in a refrigerator or freezer without a lock, it should be located in an area with limited personnel access. A restricted access box may be placed inside the refrigerator or freezer, such as a metal lockbox, that will allow the evidence to be maintained under acceptable conditions. If the evidence is transferred to another person, location, or laboratory, it must be noted in the evidence log with the time, date, and a signature from the sender and/or recipient. This also applies to the body of the animal.

Whenever evidence needs to be transferred, including laboratory samples, chain of custody procedures should be followed. An evidence receipt form should be sent along with the evidence with instructions for the receiving agency/person to fill out the chain of custody section and fax it back (see Figure 30-7). It should be noted on any test request form that the samples are “Evidence,” “Forensic Samples,” or involve a “Criminal Investigation.” This may assist the receiving laboratory to institute certain handling protocols and assign the appropriate person to perform the analysis.

If evidence is removed from storage it should be documented in the evidence log, including the purpose, if opened, and any testing or alteration. If necessary, a sealed evidence package should be opened in a different place from the original opening; the original seal needs to be preserved. This will later provide proof that the original seal was not broken. After the examination is complete, the item is placed back in the original package, sealed with evidence tape, signed, and dated. Evidence must be held until the legal case is over. Because additional legal avenues may be pursued after a case is closed, the prosecuting authority should be consulted before disposing of any evidence.

Photography and Videography

Photographic as well as possibly video documentation of all live and deceased animal examinations should be performed. The type of camera used is important; Polaroid and film cameras should no longer be used now that inexpensive digital cameras are prevalent. Digital cameras are ideal because the quality of the photograph is immediately evident, the photographs are digitally preserved, and they may be enhanced for further evaluation, if necessary. Digital SLR cameras with interchangeable lenses allow flexibility between long range and macro photography. With digital cameras, the pictures may be copied to a computer and preserved on a CD for authentication, and the digital card may be cleared and re-used. A minimum of three CDs should be made: one for the veterinarian, one for the lead investigator, and one for the prosecutor. Each disc should be labeled with the case number, date, and the photographer’s name. A reference number should be assigned and multiples noted (e.g., the first CD of six designated “1 of 6,” and the copy number (e.g., “copy 1”). The number of CDs and copies should be recorded in the evidence log. A copy of the photo log should be included with any CD copies.

There are some general guidelines regarding photography for legal cases. The photographs may need to be enlarged for court, so the resolution of the photographs should be high enough to prevent loss of detail. After a photograph is taken with a digital camera, the image should be checked for quality and adjustments made as necessary. No photograph should ever be deleted; this is to prevent the appearance that exculpatory evidence was deleted. A photo may be altered only after the original is preserved. Any enhancements or alterations should be documented and saved separately from the original. Several photography software programs automatically record the alteration steps. Photographs should only be of items related to the case; no personal photos should be on the digital card. The photos should be professional: remember, they may end up in court. Care should be taken to avoid including personnel in the photographs, if possible. Hands in the photograph holding or pointing at the area of interest should be avoided; instruments should be used instead. All photographs should be taken at a 90-degree angle to the area of interest. The lighting should be evaluated for each photograph, and reflection off the object or tissue should be avoided. All photographs should be recorded in a photo log (Figure 30-8). The photos may be logged as they are being taken or after all photography is completed.

The photographs should begin with the case information, including the case number, date, and animal ID written on a card or dry-erase board. This first picture with the case and animal information may be taken with or without the animal in the photo. All photographs after this initial picture should only be of the examination of that animal. When cases involve multiple animals, this protocol will ensure consistency of the photographs and reduce the chance of errors. If additional photographs are needed of an animal that has already been photographed, the sequence starts again with the case and animal ID information card. General photos should be taken showing the entire body of the animal, that is, right and left side, front (facial), hind (rear), and dorsal and ventral (if possible) views. Photographs, with and without scale, should be taken of any obvious lesions, abnormal physical findings, and any evidence found on the body.

For all photos, it is important to capture the context and location, starting with overall views, then medium views, and finally close-ups. Taking only a close-up view is not useful in court without the reference or context photos. This process of narrowing down the focus and showing perspective may take several photographs to achieve. When physical evidence on the body is photographed, an evidence marker should be in the photo, including the close-up views. Special markers, scales, and pointers for small evidence are available, or a piece of paper with a letter or number system can be created. The markers, with the ID number written on a piece of paper, may be reduced in size to accommodate close-ups. Close-up photographs should be taken with and without a photo scale to show that no evidence was obscured by the scale. The purpose of a photo scale is to show the size of the item. There are special photography scales, such as American Board of Forensic Odontology (ABFO) no. 2 scales (Figure 30-9), that also have symbols and a gray scale to allow correction for size distortion (elongation) and color discrepancies. If a photo scale is not available, other items with known sizes may be used, such as a coin or dollar bill. A macro lens may be used for clear close-ups of small lesions. Because of the sensitivity to movement of fine detail lenses, it is recommended that a mini-tripod be used for stability when photos are taken.

Video may be taken of the live animal examination. The video should begin with a shot of the case and animal ID number. It is preferable to have the time and date showing on the recording. Videography is most valuable when an animal shows obvious difficulty performing certain functions, such as those affected by neurologic or ambulatory problems. It is also helpful to show certain behaviors, such as vocalizing because of pain or severe brain injury. In starvation cases, it is useful to video the animal’s response when first given water and food. It is best to videotape anything that can better be appreciated through live recording rather than still photos. The video may be copied to a DVD, and the same evidence procedures as for photography should be used.

Examination Documentation

When an animal is examined in a forensic case, the veterinarian is working on behalf of the court, and there must be full documentation of all the findings, including the positive and negative. From a legal standpoint, if it is not documented, it was not done. The examination should include written and photographic documentation. Radiographs are recommended for animal abuse cases for documentation of findings and determination of hidden injuries or disease. Digital radiographs are preferred, and CD copies should be made following the aforementioned photography protocol. Diagrams may be used to document injuries such as bruising and wounds. Videography may be helpful for documenting live animal examinations, especially where behavior of the animal is a factor in the case. It may also be helpful to have a recording device during examination of the animal for dictating findings. Some general considerations should be taken into account for all written documentation. Leaving blank areas on forms should be avoided; N/A or a strike through the item should, instead, be used if no entry is required. Editorial remarks on the record should also be avoided. Any errors should be corrected by drawing a single line through the entry, marking it “error,” and dating and initialing it.

The top of the examination form should have the investigating agency or authority information including their case number and the lead investigator’s name (Figure 30-10). The name of the examining veterinarian and any other parties present for the examination should be noted. The date and time of the examination should be recorded, including the time when the examination is concluded. No examination should be conducted without all the information from the investigators and/or owner, including crime scene findings and photographs, the investigator’s reports, and any witness statements. This information provides the proper context in which the veterinarian can more accurately interpret the examination findings. Anything provided by the investigator should be documented on the form. A description of the animal, including species, sex, coloring, distinguishing marks, and estimated or known age, should be recorded. The basis for age determination should be defined on the document. Details of how the animal arrived should be noted for live and deceased examinations. This includes the person’s name that transported the animal, the method of transport, and packaging details. For deceased animals, the external and internal packaging is recorded and photographs are taken as each layer of packaging is removed. Any tears or leakage of the packaging material should be noted, as well as the degree of decomposition. Any courier information on the package should be photographed and, if possible, removed and placed in the case file.

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