Courthouse Facility DogsEnhance the Fact-Finding ProcessFlorida Judiciary

February 9, 2017

Emotional Traumain the Legal System

Rape victim's threat to jump off courthouse roof

may derail case

November 4, 2010

By Jennifer Sullivan

Seattle Times staff reporter

A 21-year-old child-rape victim who was set to confront her

alleged attacker in a Seattle courtroom Thursday afternoon,

made her way onto the roof of the King County Courthouse

and spent about three hours threatening to jump before

she was led to safety.

Inmate was at hospital hours before

jumping from Seattle courthouse window

November 30, 2010

By Mike Carter and Jennifer Sullivan

Seattle Times staff reporters

A 29-year-old Auburn man who jumped

to his death from the 11th floor of the King County

Courthouse Tuesday morning had been at Harborview

Medical Center the night before because of deepening

depression,

according to his family.

Dogs Reduce Stressin Humans

We feel safe when we are

with a relaxed dog.

Petting a dog reduces our

stress level.

What is aFacility Dog?

Facility Dog

• Dog is a graduate from an accredited

assistance dog school.

• Handler is a working professional.

• Dog and handler pass a public access test

that certifies that they can safely provide

services in a public setting.

www.assistancedogsinternational.org

Tibet

Handled by

GAL Brenda Kocher

Tibet

working in

family court

Thirteenth

Judicial District

132 courthouse facility dogs are

working in 34 states

Facility Dogs

Support Vulnerable People

in

Legal Proceedings

The Adverse Childhood

Experiences (ACE)

research links childhood

abuse and neglect with

adult onset of chronic

disease, mental illness,

violence and being a

victim of violence.

CDC and DOJ

The Need for Trauma Sensitive

Courts

Proposed amendment to current Florida legislatio

n

Accommodation applies to:

• Victim/witness under the age of 18

• Any age with intellectual disability

• Sexual offense victim/witness who

was under the age of 18 at time of

the offense

Types of proceedings

Section 92.55 (5)

• Sexual offense

• Child abuse, abandonment, or

neglect

What type of animal?

• Therapy animal

• Facility dog

Animal must be “trained

and evaluated according

to industry standards.”

Industry standards for therapy

animals (Pet Partners ®)

• Animals include: birds, rabbits, pigs, llamas, alpacas,

equines, cats, dogs.

• Interaction must be mutually beneficial to human

and animal.

• Animal must be removed at first signs of stress.

Industry standards for therapy

animals (Pet Partners ®)

• Limited to 2 hours of work a day.

• Must be attached to volunteer owner by leash at

all times.

• Liability insurance invalid if above practices are

not followed.

Industry standards for facility dogs

(Assistance Dogs International)

• Dog does not solicit attention, visit, or annoy any

member of the general public.

• Dog does not disrupt the normal course of business.

• Dog does not vocalize unnecessarily, i.e. barking,

growling, whining.

Industry standards for facility dogs

(Assistance Dogs International)

• Dog must be technically and analytically trained for

maximum control and for the tasks he/she is asked to

perform.

• Dog is not required to be attached by leash to its

handler when working.

• Dog can assist witness in courtroom for 3 – 4 hours.

Factors to consider during

pretrial hearing

Therapy dog Karl

Ninth Circuit

• Have dog and witness enter and

exit outside the presence of the jury.

• Have dog concealed in the witness

box as much as possible.

• Jury instructions

Pretrial motion –

minimizing prejudice to the defendant

Potential legal issues with the use of

therapy animals

• Term “therapy animal” comment on the evidence.

• If animal is in witness box, volunteer handler

must also be there. Nonverbal communication?

• Defense may claim that presence of both

handler and dog is prejudicial to the

defendant. State v Spence

Therapy dog with handler

Child and facility dog in witness box

Behavior of animal in the

courtroom can be an issue

on appeal.

Other considerations

How to Make a

Bullet Proof

Appellate Record

• Prosecutor must make an adequate record

for the accommodation

• Make a record of the court’s decision

• Make a record of the dog’s behavior in the

courtroom

Appellate Court Decisions

Washington

California - 2

New York

Connecticut

Ohio – 2

Michigan

Tennessee

Texas

Cases fall into two groups:

1.Use of dog allowed if it will assist witness in

testifying (New York, Michigan, Tennessee,

Texas, Connecticut, and Ohio).

2.Use of dog allowed only if it is necessary to

facilitate witness’s testimony (Washington and

California [People v Chenault, People v

Spence]).

www.courthousedogs.org

Courthouse Dogs Foundation

RESOURCES

BRENDA KOCHER , Guardian ad Litem, 13th Judicial Circuit

Director, Court Facility Dog Program

Handler for Tibet-Florida’s First Courthouse Facility Dog

(813) 545-5882

DENISE CONUS, Mental Health Director,

Kids House Wayne Densch Child Advocacy Center

Sanford, Florida

Handler for Jordon, trained by Canine Companions for Independence

(407) 324-3036, ext. 2765

CINDY FRONGELLO, Orange County

Handler for Tonx, trained by Canine Companions for Independence

(407) 227-3829