Service Animals – The federal government defines a service animal as any dog that

Service Animals – The federal government defines a service animal as any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Dogs that provide only emotional support are not considered service animals. Though not included in the federal definition of a service animal, federal regulations also provide certain specific protections related to the use of miniature horses by individuals with disabilities. Service animals are allowed to accompany individuals with disabilities in MDCPS facilities where the public, program participants, clients, or other invitees are normally allowed to go. Service animals must be harnessed, leashed, or tethered unless these devices interfere with the service animal’s work or the individual’s disability prevents use of these devices. An individual must control the service animal through voice, signals, or other means if a harness, leash, or tether cannot be used. 1. Use of Miniature Horses as Service Animals. A miniature horse is allowed as a service animal if it has been individually trained to do work or perform tasks for the benefit of the individual with a disability and it is reasonable for MDCPS to permit the animal to be used as a service animal. There is a four- part assessment determination whether a miniature horse can be accommodated in the facility: a. The type, size, and weight of the miniature horse and whether the facility can accommodate these features. b. Whether the handler has sufficient control of the miniature horse. c. Whether the miniature horse is housebroken. d. Whether the miniature horse’s presence in a specific facility comprises legitimate safety requirements that are necessary for safe operation. 2. Inquiries. a. MDCPS employees will not ask an individual any questions when the task performed by an animal is obvious – e.g., if the service dog is observed guiding a blind person or pulling a wheelchair. b. MDCPS employees will not ask about the individual’s disability, require medical or other documentation, such as proof the animal has been certified, trained, or licensed as a service animal, or ask that the dog demonstrate its ability to perform a task. c. When the task an animal performs is not obvious, MDCPS employees will ask two questions: i. Is the animal required because of a disability? ii. What work or task has the service animal been trained to perform? 3. Excluding a Service Animal. Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals. 4. Removing a Service Animal. a. MDCPS employees will not ask an individual with a disability to remove his or her service animal from the premises unless: b. the animal is out of control and the owner does not take effective action to control it, or c. the animal is not housebroken. d. MDCPS employees will offer the individual the opportunity to obtain services without the animal’s presence if there is a legitimate reason to remove the animal. 5. Care and Supervision. MDCPS employees are not responsible for the care or supervision of a service animal on Agency premises.