A Common Bond - The National Link Coalition

A Common Bond: Maltreated Children and Animals in the HomeGuideline 12Animal cruelty, and the presence of animals in thehome that may have been adjudicated as dangerousor otherwise determined to present high risks tochildren, should be listed in the law as factors relevantto: custody and visitation decisions (for children andanimals); judicial consideration of removal of childrenand animals from the family home; and court-imposedconditions of current or future possession of animals.Many states include in their laws on child custody decision making by thecourts (for example, in cases of family dissolution) a set of specific factorsthat should be considered in making child custody decisions that are “in thebest interests of the child.” Animal cruelty or threats of cruelty by a parent,or a parent’s possession of dangerous animals in the home, should bespecifically listed among the elements to be included in custody and visitationconsiderations by judges. Judicial consideration of removal of a child from ahome due to child maltreatment should also be guided by consideration ofthose factors. For example, in the following cases, animal cruelty was listed as afactor by a court in terminating parental rights:• Schambon v. Kentucky (1991) – In this instance, an animal controlofficer was called by a neighbor regarding animal hoarding, neglect,and dead animals. The animal control officer discovered dead andneglected animals in the home, as well as four children living there.Child protective services was contacted, and the children were removedbecause of the unsanitary conditions. Subsequently, it was disclosedthat the children had been sexually and physically abused. The courtterminated the parents’ rights and made a finding that animal crueltywas one of several factors requiring the termination.• In re SGT, 333 S.E.2d 445 (Ga. 1985) – Cruelty to the dog and the mental/physical abuse of children were linked.• In re PJM, 926 S.W.2d 223 (Mo. 1996) – Animal sacrifices and neglectedand abused children were involved.• In re AP, 42 S.W.3d 248 (Tx. 2001) – A neglectful, unsanitary home wasconnected with the father killing animals in front of the child.An increasing emphasis is being placed on the importance of safety and riskassessment in cases of alleged child abuse and neglect. Child protective servicesagencies are often using safety and risk assessment instruments that shouldbe reviewed to determine whether they address, as a factor, actual or threats of33