Service Dog/Certification
FAQ on Service Dog Certification What does the media often get wrong about service dog certification? What is the truth regarding service dog certification? If certification is not mandated by law, why do some people claim to have a certified service dog? How does the laissez-faire approach of a free society not deteriorate into an anarchic free-for-all? Is there nothing that can be done about so-called“fake” service animals? If certifications are available, can businesses fight fraud by strongly preferring certified service dogs? What do certifications certify? Can an individual person be a certified service dog handler? Can self-certification play a role? What does the media often get wrong about service dog certification? Media reports are often flatly incorrect regarding service dog certification, typically reporting that there is a certification which is mandatory and which conclusively legitimizes a service dog. Another common error is report that there is no certification for service dogs. What is the truth regarding service dog certification? Certifications do exist for service dogs. The correct information is that there is no certification which is legally mandated, required by or recognized under the terms of the Americans with Disabilities Act and corresponding Code of Federal Regulations. It is not lawful for local governments or private entities to require certification. If certification is not mandated by law, why do some people claim to have a certified service dog? There is nothing in the law preventing anyone from certifying anyone or any dog for any thing whatsoever. Not can there be, in a free society. One may certify that a dog has a wet nose, a dry nose, or something in between. To place this freedom in context, consider that anyone can ordain anyone into any religious entity, one may confer membership and leadership status onto any consenting individual into any club, party or association. In a free society, people have the right to certify one another and the only limitation is the level of credibility established in the general public or marketplace. How does the laissez-faire approach of a free society not deteriorate into an anarchic free-for-all? Certifications which verge onto the extreme of fraud is distinguished from mere spoof if there is an intent to profit by deceit. When public opinion is outraged by illicit certifications, such as by stock market swindlers, overtly false certifications intended to defraud can be subject to criminalization. Is there nothing that can be done about so-called“fake” service animals? States can and do subject fraudulence with respect to service animals to criminal sanctions such as the California Food and Agriculture Code, which provides for prosecution of fraudulence. The FAC also requires an affidavit under penalty of perjury, which may be a separate criminal count adding additional penalties, It might also be possible to prosecute each separate fraudulent entry into public space as a separate criminal charge. The tone of media reports which suggest that under current law there is nothing that can be done about so-called “fake” service dogs is simply mistaken. If certifications are available, can businesses fight fraud by strongly preferring certified service dogs? Individual service dog handlers have the freedom to proffer any certification they may have available; any such certification is a voluntary, private matter. If a pattern emerged where it became customary for service animals in a given locality to have some specific kind of certification, and some people with legitimate service dogs were subjected to exclusion or negative preferential treatment, a complaint might result in an investigation by the Department of Justice. What do certifications certify? Private training programs generally certify their own graduates. Certifications may certify that a dog available for placement with a human handler is sufficiently trained or suitably disposed for placement. Typically, however, certification is seen as a certification of a dog and a specific human handler, as a team. Can an individual person be a certified service dog handler? Theoretically there could be a certification of a handler, without certification of a specific dog. This would presumably based on knowledge, skills and abilities in caring for and controlling a dog in its’interaction with people and animals in public places, Can self-certification play a role? Self-certification is also a possibility, and self-certification can be backed up with records in written form or even videos which demonstrate that an animal has the knowledge, skills and abilities claimed. These videos can be made publicly available online or can be demonstrated from handheld devices such as tablets or even cell phones. Self-certification occurs informally all the time, for instance in the affidavit process recognized under California law, and every time any individual asserts “this is a service dog”. A formalization of self-certification might serve a salutory purpose by establishing clear cut parameters, formalizing such self-certifications. This would not necessarily eliminate intentional fraud, but it could inspire self-certifiers to improve the level of competency with which their canine assistance training is conducted. Another benefit of self-certification along clearly established guidelines is that it would be easier to distinguish deliberate fraud from what is perhaps wishful thining on the part of dog owners who have disabilities but whose dogs do not meet the standard of a lawfully-defined service animal. Some trainers or training schools which certify may also themselves be certified as trainers. This does not guarantee however that their certifications are themselves subject to comprehensive peer review. The certification may assure that the training school has ADA accessibility, fire extinguishers, adequate insurance, an emergency preparedness plan and proper handling of the rights of often vulnerable consumers. These are essential qualities of ethical business but do not go to the bona fides of their training skills, let alone the credibility of their certification. Obviously the general professionalism, sensitivity to disabled consumers of a training entitiy tends to support the credibility of their certification, but only in a general way. A sensitively and diligently operated training program does not necessarily have a sufficiently rigorous certification with respect to the task/work requirement, Many of the iron clad requirements of the certifications seem to be arbitrary standards made up from whole cloth to impress the public, regulators,adjudicators and legislators. This is a good thing and no doubt has long run implications which will benefit the public at large and service dog handlers. But such stylized canine behavioral conventions are not at all mandated by law, or really even any established custom, and are largely irrelevant. For example, the requirement that a dog remain within two feet of the handler is very nice, but a dog which insists on a two and one half foot distance would fail such a certification test but might actually be the very best service dog in the whole wide world. There are also accreditations available for those training entitites such as Assistance Dogs International. According to their website, “ADI member programs currently use the ADI Public Access Test to certify their own graduate teams. Some ADI member programs do offer to certify owner-trained dogs..” However, the public access really just certifies that the dog behaves well to a certain standard, which is well and good, but not particularly relevant to the ADA requirements. The latter are quite minimal with respect to public good conduct required of the dog, primarily proscribing outrageously disruptive behaviors such as uncontrolled aggression or lack of housetraining performance. What the law does require, and good conduct public access testing does not really evaluate is the performance of tasks or work for a person with a qualifying disabilitiy. Such tests may throw in a station to demonstrate compliance with the task/work provision of the law, but the standards and documentation are minimal and therefore not adquate to prevent arbitrariness and inconsistency among the evaluators.