# Service Dog Designation



## adas (Nov 22, 2008)

Aloha, I am in a wheelchair 59 M yr old, and even though independent and athletic, I am now interested in making Rasa my 4 yr old F GSD Rescue of 11-21-08 an official "Service dog". I know there is no "official title", just an obvious task that the dog is performing. When I watch some youtube service dog tasks, Rasa is already doing those things and much more. Here in Hawaii there is an outcry of banning Pits and maybe going into Rotties and GSD as "dangerous breeds". Having a "service dog" would put me into an exempt class as being in a Wheelchair I certainly have the appearance of being in Need. Soooo what steps should I take now... get a little vest that says "Service Dog". (I don't want Rasa to look too sissy as the GSD appearance and her velcro posture is a very valuable deterent to potential bad guys). Should I go for a CGC? Any advice would be appreciated

thanks frank


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## IliamnasQuest (Aug 24, 2005)

Frank, I'm going to give you the link to a post I made in July regarding training your own Service Dog.

http://www.germanshepherds.com/forum/ubbthreads.php?ubb=showflat&Number=751705&page=2#Post751705

ILGHAUS is the expert on these issues and will probably respond to you, too. There are legal considerations for you to look at and you'll have to specifically check out the laws for Hawaii as each state can be different (well, for the Service Dog In Training at least). In addition to making sure your dog has the proper temperament and health to do the Service Dog tasks, you will want to be able to prove the following:

1) Obedience training
2) Public Access work -- training can be done in creative ways
3) Trained task to mitigate the handler's disability

SD's need to be absolutely solid in public and that takes more than just typical obedience training or typical socialization. While your dog is in training it isn't considered a Service Dog - it's a Service Dog In Training (SDIT). There are different laws regarding SDs and SDITs. You don't want to put a Service Dog vest on your dog until she is fully trained and obedient.

Just FYI - my girl had more than three years of obedience training, four performance titles, a therapy dog certification and then specialized training in tasks to assist me before I felt she was qualified as a SD. You do need to be able to show that your dog has the proper training. Keeping a training log and evidence of your dog's obedience training (certifications from classes you've finished, titles, etc.) is important too.

All that being said .. training your own SD is a possibility but you should attend some training classes and find ways to assess her social behavior as well as obedience around distractions. Having a CGC is a start, but it's a very simple title and doesn't address anything done in a very public way. You will want Rasa to walk calmly beside you on a loose leash regardless of the distractions, stop and stand quietly while you are doing things (and stay standing quietly while your attention is elsewhere), not be reactive to carts or noises or people bumping up against her, not be reactive to little kids running up and screaming "LOOK, THERE'S A DOGGIE IN THE STORE!" .. *L* (this has happened to us more than once). She'll need to learn specific tasks for you - maybe pulling you on the wheelchair, picking up items and bringing them to you, helping you balance when you get out of the wheelchair, turning on and off the lights, etc. She also needs to learn to lay down quietly at your feet while you do things - and sometimes those stays last a considerable amount of time. 

Good luck with this, and there are people here who also have SDs who will help with advice as you go through this. You may even find someone near you in Hawaii who has experience in training SDs and who could give you some advice. 

Melanie and the gang in Alaska


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## AbbyK9 (Oct 11, 2005)

I am no expert regarding Service Dogs laws, so take anything I say with a grain of salt.







I'm sure TJ will clear up anything I am getting wrong!

The ADA (Americans with Disabilities Act) is what governs Service Dogs and what makes them Service Dogs. On a national level, there is no one certification a Service Dog needs to pass - as long as the dog is trained to do specific tasks for its disabled handler, on command or cue, that mitigate the person's disability and allow them to live a normal life, the dog is considered a Service Dog.

Some states, such as California, require Service Dog users to apply for an Assistance Dog Identification Tag, which you get from the same place as your license tag - usually from Animal Control or the Treasurer's office at the courthouse. I don't know if your state requires this, but here's what California's law says about how to get one, as an example:



> Quote:30850. Application for assistance dog identification tag; endorsement of tag number; affidavit; death or retirement of dog
> 
> (a) The animal control department shall endorse upon the application for an assistance dog identification tag the number of the identification tag issued. As used in this chapter, "assistance dogs" are dogs specially trained as guide dogs, signal dogs, or service dogs. All applications that have been endorsed shall be kept on file in the office of the animal control department and shall be open to public inspection.
> 
> ...


The most important thing is that your dog must be trained to do specific, trained tasks for you on command: pulling a wheelchair, picking something up that you've dropped, open a door, carrying something, etc. are all examples of trained tasks. 

And, also important, your dog must have the temperament to be a service dog. That means she can't growl or bark at people in the store, or lunge at other dogs. She needs to be calm in all situations, no matter where you go, and always be well behaved when you are in public. Store and restaurant owners can ask a Service Dog and his disabled handler to leave if the dog is behaving in a way that is threatening or dangerous, even though the dog may well be task trained.

When you use a Service Dog, it's best for him or her to be clearly identified as a Service Dog by means of a collar, leash, or vest that say "Service Dog" on them, even if you are obviously disabled. This helps people recognize that she is working, although it may not always stop them from trying to pet.









You can purchase orange or red collars and leads with the words "Service Dog" embroidered onto them, and a variety of Service Dog vests in all kinds of colors and shapes. Some have ID windows, some have zippered pouches, some are reflective, etc. It depends on what you want to use.

If you want a small pack instead of just an ID vest, WolfPacks makes a great little Saddlebag that fits little things. It comes in blue, red, and orange. You can get Service Dog patches for it.
http://wolfpacks.com/products/dogpacks/saddlebags.html

ActiveDogs has a huge selection of packs, saddle bags, ID vests, ID harnesses, etc. for Service Dogs (and Therapy Dogs, too).
http://www.activedogs.com/servicetherapydog.html


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## ILGHAUS (Nov 25, 2002)

Looks like you have gotten some very good info.
Yes do check out your state laws ... but for now I could not find any reference to a SDIT which usually means that the state does not recognize SDITs. 

There was a publication that in fact stated that all service/assistance dogs must be certified by an approved facility. _Now we know that they must recognize any dog trained properly and of the correct temperament as a SD per the ADA, but trainers of dogs that are in-training have no extra rights. _

Old link is now broken but this publication did say (Bolding is mine):

_HRS 515-3 defines the various types of assistance dogs as follows:

* a guide dog is any dog individually trained by a licensed guide dog trainer for guiding a blind person by means of a harness attached to the dog and a rigid handle grasped by the person,

* a signal (hearing) dog is any dog individually trained and certified by a nationally recognized signal dog organization to alert a deaf person to intruders or sounds, and

* a service dog is any dog individually trained and *certified by a nationally recognized service dog organization* to assist a person with a disability in performing essential activities of daily living._

and

Quote:
_Who certifies a dog as an assistance dog?

If a dog was *trained by a certified trainer or school*, the owner should have been provided with certification papers upon completion of the dog's program.

Copies of these papers should be submitted to the Hawaiian Humane Society with a completed application and a determination will be made to license a dog as a certified guide, signal, or service dog. A list of certified organizations and licensed trainers has been provided to the Humane Society by the Disability and Communication Access Board. The list will be updated routinely with input from all appropriate community resources._



Bottom line is unless you can find a law somewhere about SDITs then your dog currently can not be taken anywhere that any other pet dog is not allowed. According to your state (unless a law states otherwise) your dog is considered a pet. 


Also you may want to take a look at this State Statute --

*§143-4 Issuance of license and tags.*

Upon the receipt of the license fee the director of finance shall issue to the person paying the fee a license stating the following:

(1) The name and address of the person to whom the license is issued;

(2) The year for which the license is paid;

(3) The date of payment;

(4) A description of the dog for which the license is issued;

(5) The number of the metal tag issued for the dog; and

(6) Any dog approved by the director of finance pursuant to rules established by the director to be a guide, signal, or service dog shall be so designated on the license.

The director of finance shall at the same time issue and deliver to the person a metal tag of such form and design as the director of finance may designate with a serial number and the year for which it is issued plainly inscribed thereon, which tag shall be attached to a collar around the neck of the dog for which the license has been issued. The fee for the tag shall be set by each county council; provided that until and unless provided by ordinance the fee shall be 10 cents.

The director of finance, pursuant to chapter 91, shall adopt rules for the licensing of guide, signal, and service dogs.


You may want to verify this info for yourself. 

Hawaii Attorney General
425 Queen Street
Honolulu, HI 96813 (Map)
Telephone: (808) 586-1500
Fax: (808) 586-1239

Hawaii Civil Rights Commission
830 Punchbowl Street, Room 411
Honolulu, HI 96813
Tel: (808) 586-8636
Fax: (808) 586-8655


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## ILGHAUS (Nov 25, 2002)

I just wanted to throw this bit of info out there to really get everyone's brain cells going --

ADA is Federal Law. Correct? *(Yes)*

ADA and the Dept. of Justice does not require any special colors, equipment, or tags. Correct? *(Yes)*

Ok then why are some states able to come up with laws that say a SD needs to wear a certain color leash or that they must have a special tag. This is only a State Law. Correct? *(Yes)*

We all have heard from various sources -- and from some people in this section over the years -- that Federal Law always trumps State Law. Correct? *(No)* 

Think about it for a minute .....


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## ILGHAUS (Nov 25, 2002)

The answers would be long involved and best on another thread of their own but to give a short version ...



> Quote: We all have heard from various sources -- and from some people in this section over the years -- that Federal Law always trumps State Law. Correct? (No)


The correct answer is the law (either Fed or State) which gives the disabled person the most benefits. Which in some cases is a state law. But the catch here is if the state gives more protections and benefits over the Federal than the person must comply with *ALL* state regulations. A person can not choose bits and pieces from both. Example: Cannot claim extra state law protections and refuse to comply with what the state has mandated while claiming you do not have to per the federal law.


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## adas (Nov 22, 2008)

We all have heard from various sources -- and from some people in this section over the years -- that Federal Law always trumps State Law. Correct? (No)

Aloha, my understanding is that it trumps it if the Fed law is more restrictive and suppliments it if the State law is more restrictive. ie when combining the state and fed, you will always get a more restrictive law than if you looked at each law individually
Frank


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## ILGHAUS (Nov 25, 2002)

On the topic of SDITs there is no legislative law and not at this time any regulatory law, only mentions in Technical Assistance Letters. 

So in this case individual state laws regulate SDITs in their state boundaries. If someone lives in a state that recognizes SDITs and gives Public Access Rights to a trainer or owner and they visit a state that does not, they then have no Public Access Rights. Such rights of an owner or trainer do not cross state lines. 
**If you have a SDIT which is of a breed banned in a state and that state does not recognize SDITs, then your dog has *no* protection and is under the same regulations as any other pet dog of that breed. 

The ADA does not address SDs or SDITs. The DOJ (Department of Justice, regulatory agency of Title II and Title III of the ADA) writes Technical Assistance Letters to clarify the regulatory law on those sections of the ADA. 

In the words of Isabelle Katz Pinzler, Acting Assistant Attorney General, Department of Justice, Civil Rights Division in a <u>Technical Assistance Letter</u> to The Honorable Vernon J. Ehlers, 
Member, U.S. House of Representatives on July 3, 1997:

_Section 36.302 of the Department of Justice regulation implementing title III of the ADA states that a public accommodation must modify policies, practices, or procedures to permit the use of a service animal by an individual with a disability. The ADA does not specifically require such modifications for persons who are training service animals. ..._

Link to Technical Assistance Letter


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## Brightelf (Sep 5, 2001)

An example:

If the state law says that SDITs DO have public access rights with both owner and trainer, than your trainer (or yourself) may responsibly work & proof the SDIT in public areas. BUT...

If the state law says also that your SDIT by state law MUST wear a vest, have ID, be plainly "marked" as a SDIT-- even though the Federal law does not put these strictures in place-- in that state, your dog must wear a vest/harness/ID cards, whatever is required.


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## Lin (Jul 3, 2007)

I disagree with Iliamnas on a vest, I think it would be a good idea to get a vest now. You can place a Service Dog in Training patch on it, you can either get the specific patch or a regular service dog patch with a "in training" patch to go below it, or I've even seen a combo patch that allows you to swap out the bottom half from "in training" to "on duty" later on. Personally I think the vest is a great idea as it makes it obvious to others that your dog is a service dog (or in training to be one, in this instance.) The law doesn't (federal law, and my state law) require any specific SD identification but it can be really helpful. Another thing many people do is carry fliers with information on service dogs and access rights to hand out when people give questions. This of course isn't required, but can help diffuse a situation and is great for educating the public. I don't think service vests are "sissy" at all, and really like the pocket/saddle bags ones because then the dog can carry things for you (mentioned fliers, bottle of water, meds, keys, wallet etc.) 

Since you're in a wheelchair, something to look into is a mobility harness. It can be used when you're using the dog to steady yourself (such as getting in or out of your chair.) You can also hold on to the handle to be pulled, or most come with rings to attach a pulling leash (has 3 clips, one on either side and one for above the shoulders) for your dog to pull your chair. Mobility harnesses come in a wide range of prices and qualities so if you'd like to know more I've been searching them extensively lately. 

Another website that hasn't been mentioned yet is http://www.sitstay.com and they have a good selection of service dog vests, patches, and more.


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## ILGHAUS (Nov 25, 2002)

> Quote: Should I go for a CGC?


Personally I would not even consider a dog a SDIT before they had <u>or at least had the ability </u>to pass a CGC. Before that along with all age appropriate health tests and temperament testing *I* would only consider the dog a Service Dog Candidate. 

For an owner trainer here in the U.S. a CGC is one item of great importance to add into your record & training log. I believe this so strongly that I and the other CGC evaluators in our non-profit will waive testing fees for owners training a candidate/SDIT. And something that many people do not know is that some accomodations in equipment and handling can be made for disabled owners testing their dogs for a CGC. 

So for a 4yr old, I would highly recommend OFA hips & elbows, heart, thyroid, CERF (eye), vet approval for not only basic SD work but since she is to be used for mobility also need to have her back/spine and legs x-rayed and approved, have a CGC, and be temperament tested such as the ATTS. LINK When all of this was accomplished than I would say she is ready for advanced work toward becoming a SD. 

And remember for _an owner or private trained _Assistance Dog it is VERY important to keep all health and temperament records, obedience certs and titles, along with a detailed training log in case you must ever present your case in the legal system. A Program Dog of course would have all necessary documentation through the program itself.


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## Prize (Feb 5, 2009)

Thought I would add this link in, as it might be helpful. http://www.servicedogsamerica.org/certification/index.html


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## AbbyK9 (Oct 11, 2005)

> Quote:Thought I would add this link in, as it might be helpful. http://www.servicedogsamerica.org/certification/index.html


No offense, but people are better off simply ordering the service dog vest and patches from Active Dogs, for $40, than they are wasting $250 on "certification" from this organization. 

I don't know what's worse about organizations like this: that they are preying on truly disabled people who need a trained service dog, telling them that this counts as "certification"; or that basically anyone can send them $250 and *think* they now have a certified service dog they get to take everywhere.

A pretty good hint that they're aimed at people who want to take their pet dogs places is this, on their front page: "SDA recognizes that every person in America may have some form of disability. Most persons rely on their dog to assist them in many different ways. Ensure your dog will be allowed to accompany you where ever you need to go by properly identifying him/her as a service dog with an indentification kit provided by Service Dogs America."


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## ILGHAUS (Nov 25, 2002)

Thanks for giving the link as I know you really were trying to be helpful and my remarks are not against you but against these organizations that claim to certify SDs. 
______________________________________________________

Quote from their website:
_Service Dogs America recognizes that you may train you own dog and supplies you with the appropriate identification to allow your dog to accompany you anywhere you wish to go._

If you are disabled and if your dog has been trained tasks and meets other criteria ... then legally your dog can accompany you almost anywhere you wish to go. That is per ADA/Dept. of Justice.


The test is well .... you check off the box and send in your money.

Also from their website:
_ I verify that my dog complies with the above guidelines

By checking this box, you personally assure Service Dogs America that your dog can fulfill most of the above criteria._




--- I see Chris and I replied at the same time.









I also came back to edit out part of my post as it was filled with too much of my own opinion.


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## Sara Bellum (Feb 15, 2013)

Hello all: I was searching for service dog patches when I stumbled on this site. Upon reading the many questions on service dogs, I decided to join. 

The ADA is very clear on what constitutes a service dog.


THE most important thing here to remember is that it is the DISABLED PERSON that affords the protection to the service dog, not the other way around.

The person with the dog needs to meet the legal definition of disabled as defined by the ADA. If not? Then none of the rest of it matters.


As far as the length of training and all the tests?

There is NO requirement BY FEDERAL LAW that your dog be certified, pass a public access test or anything else. PERIOD.

There are a lot of people in the training community that have a chip on their shoulder about this but the truth is there are no current, consistent training standards to go by.

When it comes to service dogs the two main LEGAL points are this:

1). Is the person legally disabled?

2). What 3 TASKS does the dog perform to mitigate that disability for the disabled person.


*It's all quite simple. I'm disabled and the dog PROVIDES A SERVICE FOR ME specific to my disability.*


I'm sorry for all the caps but lately there has been a lot of confusion and misinformation being spread out there by so called 'experts'.

Also, it's a felony to try to pass a pet off as a service dog.

No matter what kind of vest or certification you have, if your dog doesn't behave a business can ask you to leave.

You don't need to go have the dog tested or certified to know if your dog is going to behave in public or not.

Thank you for letting me join, from what I've read on here you all are an intelligent crowd! (must take after your dogs, 'eh?)


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## Sara Bellum (Feb 15, 2013)

ILGHAUS said:


> On the topic of SDITs there is no legislative law and not at this time any regulatory law, only mentions in Technical Assistance Letters.
> 
> *So in this case individual state laws regulate SDITs in their state boundaries. If someone lives in a state that recognizes SDITs and gives Public Access Rights to a trainer or owner and they visit a state that does not, they then have no Public Access Rights. Such rights of an owner or trainer do not cross state lines.
> **If you have a SDIT which is of a breed banned in a state and that state does not recognize SDITs, then your dog has no protection and is under the same regulations as any other pet dog of that breed.
> ...



(Color edited to emphasize content by me): 

 I have to apologize, I didn't realize how OLD this thread was until just now. The above information is EXACTLY correct.

I live in a state that recognizes and affords the same protection to the SDIT as SD. (As long as he is with me). 

In the state right next to us, where we go shopping frequently, NOT the same. So, when he was in training he didn't go in.

We learned early on that we are making it difficult for us and for any other teams of SD's coming after us if we violate laws and cause problems. Better to represent with pride.:wub:


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