Ever wondered what's the difference between a Service Dog, a Therapy Dog and an Emotional Support Animal? Does it even matter? Absolutely! Each is a different type of working dog and each is governed by different laws.  If you're thinking you want to train your dog in one of these areas, or if you want to know your rights as a business owner, this is the article for you!

According to Federal ADA (Americans with Disabilities Act) law, a Service Dog is a dog trained to perform work or tasks for a DISABLED individual that he or she CAN NOT do for his or herself. The disabled individual has the right to have a Service Dog with him or her in all public access locations.

There are two major qualifiers of a Service Dog.
First; the handler must have a disability. If you do not have a disability you do not have the legal right to be accompanied by a Service Dog.
​Second; the dog must be work or task trained to do something that aids with that aids and directly relates to that disability. If the dog does something on it's own, even if it is super helpful, without the actual training it does not qualify as a task. So if, for example, your dog starts alerting to your seizures, that does not suddenly make your dog a Service Dog. You must take those alerts mold them into something you want, such as teaching the dog to paw your leg or something whenever it starts alerting.

Businesses may ask if the dog is a Service Animal required because of a disability. They may then ask what the dog has been trained to do to assist you. They may not ask about your disability, they may not ask for a demonstration of tasks, and they may not ask for training certificates, ID, or proof of disability. If your dog is out of control, however, and you fail to take action to get him or her under control, the business has every right to ask you to remove the dog from the premises (they must still allow you without the dog). This includes but is not limited to barking (unless the dog is barking to alert to a medical condition), defecating or urinating, growling or behaving aggressively, harassing others, and damaging property. They may not ask you to leave if someone nearby is allergic or afraid of dogs. The other individual must be accommodated in another way. Each incident is handled on a case-by-case basis, so you are welcome to return another day and try again.

While there are a lot of different "certifications" out there that offer to certify your dog as a Service Dog, none of them are required in order for your dog to be a Service Dog, none of them will make your dog a Service Dog if you do not meet the two above qualifying factors, and none of them are officially recognized under ADA law.

The laws can get sticky with landlords, employers, schools, etc. so make sure you do your research before obtaining a Service Dog.

A Therapy Dog is a working dog trained to comfort the sick and infirm in hospitals, nursing homes, treatment centers, schools, etc. They are also used in programs that help children with speech and/or learning disabilities. Therapy Dogs are invited by businesses to work in their facilities on a case-by-case basis.  Handlers do not have any legal right to have a Therapy Dog with them in public places, or in housing or employment situations - they must always be invited.

While certification is not required in order for your dog to be a Therapy Dog, most businesses will require your dog to have some sort of certification in order to allow your dog to work there. They have the right to require this if they wish and can even require a specific certification should they choose.
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Other working dogs, such as Police Dogs, Rescue Dogs, and Military Dogs, follow similar restrictions. Police, Fire, and Military handlers may have these dogs with them in public places if the dogs are actively working. When off-duty, however, handlers do not have any legal right to bring these dogs into public places.

An Emotional Support Animal, or ESA, is an animal that soothes anxiety and depression or other mental health disability simply by his or her presence. You must be diagnosed by a mental health professional with a mental health disability that is recognized in the most current version of the DSM in order to qualify for an ESA.

An ESA is NOT a Service Animal. The individual does NOT have the right to have an ESA with him or her in public places.

Under the Fair Housing Act, an individual with an ESA has the right to keep this animal in the home regardless of a landlord's pet rules (landlords who own 4 rental properties/units or less are exempt form this), so long as the individual can provide proper documentation (a doctor's or mental health professionals note) confirming the disability and recommending the individual the use of an ESA. The landlord may not charge pet fees, but he or she may hold the individual responsible for any damages done by the ESA. .

As of January 7, 2021, ESA's are no longer allowed on planes.

While no specialty training is required in order for your dog to be an ESA, if the dog is a nuisance (barks uncontrollably, harasses other tenants, etc), is aggressive or a danger in any way, or is overly destructive (causes damage that you cannot afford to replace yourself) the landlord can require removal of the ESA from the premises.

Just as with Service Dogs there is no actual certification required in order for your dog to be and ESA and without a mental health disability there is no certification that can turn your dog into an ESA.

If you want to learn more, are interested in training your dog in one of these areas, and/or are interested in obtaining a Service Dog, I will be happy to answer your questions and help you find the resources you need.

Call the ADA helpline for information about public access, employment, and landlords with regard to Service Dogs.

Contact the Federal Housing Administration (FHA) for information about working dogs in housing situations.

Contact the Utah District Attorney's Office for specific information regarding Utah law and working dogs or to learn how to file a complaint against a business, landlord, or employer.

It has happened; your kid is asking for a puppy – and he is NOT letting up.  You’ve explained that you don’t want a dog in your house; dogs shed, drool, bark, jump up on people and have accidents in the house.  Your child (who is far more intelligent than you gave him credit for) explains that there are non-shedding, non-drooling dogs.  There are even dogs that don’t bark!  And for the ones that do, you can train them not to bark – or only to bark on command.  And you can train them to do whatever you want (or don’t want) them to do!  You inform Jr. that you don’t want the responsibility of caring for a dog and, of course, Jr. insists that he will take care of the dog and you won’t have to do ANYTHING!

This is where most parents start to struggle.  You know that within a week you’ll be 100% responsible for anything and everything the new puppy does; but Jr. doesn’t believe you!  Jr. insists that you’re wrong!  And Jr. feels hurt and betrayed that you don’t trust him with this task.  So what do you do?  You give Jr. the opportunity to PROVE it!  You tell Jr. that if he wants a puppy, it’s going to take some time – as in several years time – and if he can show you that he’s responsible enough, then yes, you will let him have a puppy.  Most kids will never get there – and if they do, you really will be able to live with a non-shedding, non-drooling, non-barking, accident-free dog in your house with minimal effort on your part!

Sounds too good to be true, but it really does work.  If you’re truly not willing to let Jr. have a dog – EVER – this same process can be used to make Jr. feel better about not getting a dog while teaching him valuable life lessons (I personally believe EVERY child should go through this process, whether they end up with a dog or not).  Each of these pets (until you reach “dog”) can be kept in Jr.’s room, where they won’t bother you or other members of the household that may be allergic.

The trick is to start with a small and simple pet (like a beta) and work your way up.  The child really does have to do EVERYTHING.  First, take him to the library and help him learn how to research in books and online.  Next, he must tell you what he has learned (or, if he’s a little older, provide a written report) and make a list of all the supplies he’ll need.  Then you help him shop for supplies online until he knows how much money he needs (lessons in shopping and money management).  Help him decide the best source for his new pet - is a pet store okay or is a breeder a more responsible option? - and help him develop and carry out a plan to save the money.  Depending on his age, this plan may include mom and dad “matching” his earnings or helping out in some other way once he’s done the agreed upon chores, work, etc.  Finally, you let him make his purchase.  Betas are rather boring pets and if your child can successfully care for a beta for one year, he’s already proven he’s more responsible than you thought he was.  If he fails and the beta dies, you don’t have to feel as bad as if he caused the death of a more sentient animal, such as a cat or dog.  You may be lenient if the beta dies for reasons outside his control – in this case, you simply replace the beta and don’t make him start his year over.

Once he can keep a fish for a year, you let him move on to a slightly more complicated pet for 1-2 years and start the process over (research, discussion, shopping, saving money, purchasing and keeping the pet).  This pet can be a hamster, gerbil, mouse, rabbit or guinea pig.  Keep in mind that rabbits and guinea pigs live up to 10 years or more, so you may want to stick with a smaller pet with a 1-4 year lifespan - unless you’re willing to keep this pet its entire life when you can’t find a loving home later.  Stay away from birds, ferrets, chinchillas, reptiles, amphibians and other exotic pets; these are far too complicated for a young child to manage properly.  And don’t forget about the beta!  Betas have varying life spans and some can live for several years.  Jr. will now be caring for both the beta and the small pet until the beta dies (next great learning opportunity: dealing with death and loss*).

*If you’re not willing to teach your child to deal with death and loss, you should NEVER bring an animal into the home.  I hated seeing parents run to the pet store with Jr.’s dead fish, hamster, bird, etc. and frantically inform me that they had to replace it with an identical animal before Jr. got home from school.  I hate to break it to you, but Jr. isn’t stupid.  Jr. will notice.  And now Jr. has to learn to deal with death AND with losing his trust in his parents – and he has to do it on his own because you’re pretending nothing happened.  Don’t do it.  Either teach your child to deal with loss or don’t get your child a pet.

At this point, you should have a pretty good idea whether or not Jr. will be able to care for a puppy or adult rescue dog.  You may want to add a third pet or move straight to a dog, but in either case, Jr. should be at least 12 years old before moving onto anything more complicated.  Rats make a perfect third step, since they are incredibly docile, don’t smell (unless Jr. fails to replace the bedding), keep themselves clean, and are very dog-like.  They can be trained to go in a litter box, learn their names and the names of their cage-mates, come when called, and do a variety of tricks (such as standing on their hind legs, turning in circles, running a maze, etc.).  Requiring Jr. to get a pair of rats (rats are extremely social and cannot be kept solitary) and to successfully train them to do a variety of tasks can be the perfect “final test” before getting a dog.  If Jr. was already older when you began this process, pet rats can be used as the second pet and the third step can be skipped over.  Keep in mind that none of these “steps” are set-in-stone; it is up to you as the parent to know your individual children and tailor this process to meet each of their needs.

Finally, Jr. can begin preparing to bring home a dog (unless you’re one of the NO DOGS EVER parents).  The research phase of this process should take a very long time.  Jr. should read a variety of books on training, socializing, communicating with, feeding and generally caring for a dog.  He should look up local trainers and have enough money saved to pay for a socialization class as well as a set of in-home training sessions (most personal trainers offer a “pack-of-four” sessions or something similar).  He should take the time to teach the family what he has learned and decide in advance, with the family, what rules the dog will have to follow and how the dog will be trained (any family member who participates in training must follow the exact same training style to avoid confusing the dog).  Jr. must then research breeds, breeders, rescue dogs and rescue groups to determine what dog will be the best fit for your family (not just for him!) and where to get a dog from (NEVER get a dog from a pet store).  Keep in mind that rescue dogs come with their own set of problems.  If you and your family are not familiar with dogs, a rescue may not be a good choice for a first dog.  Have Jr. obtain experience with dogs by offering dog walking to neighbors and friends with dogs.  Find someone willing to let Jr. practice training simple behaviors with their dog.  You can even have Jr. “dog-sit” for a neighbor or friend to get a feel for what it’s like to have a dog in the house.  When you actually bring the new dog home, do so at the beginning of summer vacation so Jr. has the entire summer to spend training and housebreaking the dog.  If you let Jr. bring the dog home during the school year, you will have to step in and help housebreak the dog when Jr. is at school; so avoid this unless you’re truly willing to help.

The golden rule of bringing home a dog is that you keep the dog!  Dogs are incredibly social and view their humans as their “family pack.”  Dogs are incredibly intelligent and they understand when they've been abandoned in the same way a child understands when his father disappears and never returns.  It is unfair to bring a dog home and let it settle in only to get rid of it because you failed to train it to behave properly.  This is the entire reason you've required Jr. to go through this long process.  Make sure you've discussed what Jr. will do with the dog when he goes to college because “getting rid of the dog” is NOT an option.  Will the dog stay with mom and dad?  Will the dog stay with a friend or family member (in this case, the dog should be bonded to this person BEFORE being left with them)?  Does Jr. have to find a way to take the dog with him?  These questions should be addressed BEFORE the dog comes home.  If you’ve followed all these steps, Jr. will bring home the right dog for your family.  He will care for him properly and do almost all the work.  The rest of the family will still have to participate some in helping the dog understand the rules.  For example, if the dog is not allowed to beg at the table, but someone in the family continues feeding the dog from the table, the dog is never going to learn.  Still, your participation will be minimal – and you’ll be able to enjoy having a well-behaved dog in the house and you’ll hardly have to do ANYTHING!  The best part, however, is that you’ll have a well-adjusted Jr. who knows how to handle money, be responsible, work hard, and learn new things.

Open play daycare can be a great option during vacations and work - they can also be a great way to socialize your dog.  It can be difficult to find a safe, responsible doggie daycare, so choose carefully and do your research first!  Below is a list of things to watch out for.

1. Reviews: reviews are important, but can be misleading, as customers are far more likely to post negative reviews than positive ones.  That said, if a facility has hundreds of poor reviews and only a handful of good, avoid them.  Don't be afraid to ask the owner about negative reviews.

2. Tours: make a visit without your dog, unannounced, and ask for an on-the-spot tour (continue to do this periodically after selecting your daycare).  If they are hesitant to let you see their facility and/or ask to reschedule, don’t give them your business.  A reputable facility will have nothing to hide; if they don’t have enough staff present to give you a tour immediately, then they don’t have enough staff to keep your dog safe.  Going without your dog will allow you to focus on the facility rather than your dog.

3. Excessive Barking: this is usually due to anxiety or boredom, which is a good indicator that there aren't enough staff to take proper care of the dogs.  It could also mean the staff are ignoring the dogs. A random surge of barking whenever a new dog or person enters the building is normal but should not last more than a minute or two.

4. Staff to Dog Ratio: there should be one staff member for every 10-15 dogs.  If there are multiple “yards,” there should be at least one staff member in each of them (even if there is only one dog) in addition to a front desk attendant.  Do not be afraid to ask how many dogs are present, how many yards are being used, and how many staff are present.  Having the appropriate number of staff is the #1 means to resolving destructive dog behavior and maintaining a clean, safe facility.  Keep an eye on these numbers during your tour.

5. Wounds: dogs play with mouths and nails and some love to play rough!  You should expect your dog to come home with minor punctures, cuts, and scratches, just as you'd expect some minor scrapes and cuts on a child playing rough at the playground.  These heal quickly and are generally not even noticeable (to you or the dog) until they begin to scab.  In addition, your dog may develop a minor limp a few days later, just as you might feel sore after exercising.  If your dog is obviously hurt, bleeding or seriously limping, however, and you weren't informed when you picked him or her up, it is time to look for a new facility.  Staff should check each dog as they come and go (keep in mind that it may be difficult to find injuries, especially on fluffy-haired and/or black dogs) and should be aware if the dog was involved in a scuffle or was just playing rough.

6. Doggy Friends: ask how your dog did and who he or she played with that day.  Staff members should be able to tell you and may even have a funny story for you.  If you receive a generic “they did great/fine today,” your dog may not be getting the attention you would like them to have (after all, you’re paying for it).  This answer is only acceptable if your dog is a regular and they always do great.

7. Communication: are all of the employees/owner(s) are on the same page?  Ask how they keep each other informed during shifts changes.  Do they keep notes, do they pass information verbally to incoming staff, or do they do both?  Ideally, incoming staff will spend 15-30 min in the yard with outgoing staff preparing both the staff and the dogs for the change.  Do they have a profile on each dog of likes, dislikes and behavior quirks?  Communication is key to keeping dogs happy and safe.

8. Customer Service: staff should be friendly, helpful, and upbeat.  Beware if they are grumpy, rude, unwilling or unable to help you and/or are not willing to find someone who can.  Do not trust these individuals with your dog.

9. Food: do not leave your dog with a daycare/boarding facility that doesn't require you to bring your own dog food.  Facilities that provide food generally use cheap, unhealthy kibble that can cause a wide range of health issues in a short time.  Adding upset tummies from a sudden dietary change to the stress of staying in a strange place is a recipe for disaster.  Don’t be surprised if your dog doesn't eat much during the stay - this is a normal behavior for dogs in new or unusual environments.

10. Medications and Other Instructions: a facility should be willing to administer medications and follow individual instructions for each dog, so long as the medications are not given through injections (by Utah law, professionals must have a vet tech or doctor’s license to give injections).

11. Sleeping Arrangements: dogs should be kenneled securely and separately during the night for their safety and comfort.  Multiple dogs from the same family should be able to sleep together unless you request otherwise.  You should be given options to provide your own bedding, to have the facility provide bedding, or to have no bedding.  If your dog is not used to being kenneled, don’t be surprised if he rips or shreds his bedding during his stay, even if he has never done this at home before.  It is normal for dogs to display unusual behaviors in new or unusual environments.

12. Cleanliness: a “doggy smell” is OK.  On rainy or snowy days (or in a facility that provides a pool) a “wet doggy smell” is OK.  If it smells heavily of feces or urine, however, or if you see multiple messes on the floor, this is a hazard to your dog’s health.  Find another facility.  Trash or clutter anywhere in the facility is also a health hazard.  If your dog comes home and throws up or defecates something that didn't come from your home or backyard, the facility may not be cleaned properly or the dogs may not be monitored properly.

13. Happiness: dogs will need a few sessions of daycare or boarding to learn they’re not being abandoned.  But if after 5-7 visits your dog still does not want to be left behind, this may not be the right environment.  Regardless of what the staff say, pay attention to what your dog tells you, as some facilities will lie to you to keep your business.  If your dog hates to go to daycare or leaves a daycare shaking with his or her tail tucked, you need to find another facility.

14. Mental Stimulation: do you see any toys, agility equipment, or play things?  If not, THIS IS A PROBLEM!  Dogs need mental stimulation - for most, interaction with other dogs is is not enough.  If they do not have these items "because the dogs destroy them” or "for safety reasons" this indicates poor supervision, poorly trained staff, and/or insufficient staff.  Well trained staff can handle basic levels of toy guarding or high stimulation, especially if there are enough staff.  If a dog is toy aggressive or easily stimulated to the point of being beyond control unless all toys are removed, this dog should not be allowed at the daycare!  He or she may show this behavior in other situations and is a danger to other dogs and staff.  Be grateful if the staff tell you your dog has one of these problems, as this allows you to correct the behavior before it escalates to something worse.

15. Down Time: A good daycare/boarding facility does not leave the dogs to roam the play yard all day. This creates an environment of too much stimulation and stress and greatly increases the likelihood of fights breaking out. A good facility will provide your dog with downtime. Ideally a dog will have about 2 hours of down time for every 2-3 hours of play. Be sure to ask the staff what their ratio of playtime vs downtime is.

16. Temperament Testing: a good open play daycare/boarding facility will require your dog to pass a temperament testing process before being allowed to stay there.  If they don’t, do not give them your business.  Ask what they do for their interview process.  They may ask you to wait up front while they interview your dog.  This is fine because most dogs act differently when their owners are around and the staff needs to see how the dog will react while you are not present.  Expect this process to take 30 min to an hour.  The daycare/boarding environment is different from any environment most dogs are used to.  This means dogs have the potential to show behavior they have never shown before (anxiety, aggression, etc.).  A good facility will be up front and honest about your dog's behavior and will not accept your dog if he is not a good fit for this environment.

17. Play Groups: Play groups can be divided up in multiple different ways. Simply dividing dogs up by big dogs and little dogs is rarely enough though. Some big dogs love to play rough while others may be much more laid back, mellow, and timid. Some large, older dogs may actually be much happier and fit better in a group of smaller dogs. Many small dogs can be very active and boisterous and some can be a bit temperamental and not a good fit to be in the same yard with young puppies. Personality and temperament should be taken into account just as much, if not more so, than size and age when it comes to dividing up play groups. 

18. Credit Cards: NEVER give your credit card information to a daycare or boarding facility. Some facilities will ask to keep this information on file as a protection for their business and for use in case of illness or injury while you are out of town.  This is a terrible idea for you AND for the business and is legally questionable.  First, this gives the business the ability to use your credit card at their discretion.  Second, reputable veterinarians will not charge bills to your card if you are not present – even if you've given written permission.  Finally, it only takes one employee or ex-employee with knowledge of the business’s security (or lack thereof) for your credit card information to be stolen.  A responsible daycare or boarding facility will maintain a fund to pay for emergency medical expenses and abandoned animals.  This fund will be used only in accordance with the contract you signed; they will then bill you the appropriate amounts and use a collections agency if you refuse to pay.

19. Cameras: While these are not an absolute requirement, they are a really good thing to look for in a facility. A great facility will have cameras throughout the entire facility. Ideally these cameras will all be live streaming footage that you can hop on and watch at any time. If a facility only has live stream cameras in some areas, but not others, again, they may be trying to hide something.