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Why ‘therapy dog’ is the wrong term for critical incident response K9s

Mislabeling public safety K9s creates confusion, liability and access issues during high-stakes deployments

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Photo/Courtesy of Janeen Baggette

In public safety, language matters. While the term “therapy dog” is common in other fields, it can create confusion in EMS, fire and law enforcement. Janeen Baggette, founder of K9’s for Freedom & Independence and a Texas law enforcement officer, notes that the label is often misunderstood, suggesting a purpose that doesn’t align with the needs of first responders.

Beyond perception, the terminology also has operational consequences. Mislabeling dogs as therapy, emotional support or service animals can lead to legal and policy issues, compromise crime scene integrity and conflict with FBI Criminal Justice Information System (CJIS) security protocols.

That’s why Baggette created a Critical Incident Response Team (CIRT) K9 program specifically tailored to first responder deployments.

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1. CIRT K9 terminology matters

CIRT K9s and their handlers, unlike therapy animals, are certified to operate in protected spaces where CJIS rules apply through the Alliance for Emergency Response Instructor and Examiners (AERIE).

On-scene handlers without AERIE certification who witness the exchange of sensitive information could make the agency vulnerable to civil or criminal liability. These non-certified handlers or “do-gooders,” as Baggette describes them, sometimes show up at scenes uninvited.

“I’m absolutely sure they mean well, but sometimes a therapy dog team will show up at a huge incident without being called, and that’s an issue on its own,” she said. “You have to have specific types of training under the FBI to be able to see and hear any type of criminal information about an individual while a case is being adjudicated.”

The lack of handler accountability for emotional support dogs or therapy dogs on scene is a major liability, according to Baggette. If the handler isn’t currently an employee of an agency with a current criminal background check and CJIS test, it leaves the agency vulnerable.

If the handler ends up on scene or inside a police department and hears something as a non-employee, they can be subpoenaed and compelled to testify to whatever they heard — which they shouldn’t have heard to begin with, she said.

2. Annual K9 CIRT training is critical

Therapy dogs are often linked to civilian organizations or online certifications that require little-to-no oversight. Some therapy dog handlers certify once and never retrain or recertify the animal again, Baggette noted.

This weakens credibility and opens agencies up to risk, especially when civilian dogs are brought into restricted areas.

Baggette’s program requires annual recertification through an independent national body, following the ruling in Garcia v. San Antonio Transit Police. That case — though not K9-specific — created a precedent for treating K9 handlers as distinct roles.

“If you train the dog, you can’t certify the dog,” Baggette said. “That’s the buy-in. We were the first organization to come up with a national third-party certification process. And we’re the only ones doing this.”

3. Critical response K9s are not pets

Some departments treat critical incident K9s as comfort animals — but this may create a liability risk.

Beyond training and certification, agency affiliation is non-negotiable; Baggette’s program doesn’t work with individuals. Only verified agency handlers are accepted into the program, and teams must comply with K9-specific transport, housing and liability policies.

“You can’t transport them in your personal vehicle. If you do, and you get into an accident, whether it’s your fault or not, the agency’s liable,” she said. “Your clock starts when you leave your driveway. Your commute is part of your paid time.”

4. A K9 vest or ID does not prove legitimacy

One of the most persistent myths Baggette combats is the idea that a vest or ID card validates a dog’s status.

“There is no such thing as an ID for a real handicap service dog,” she said. “And I try to use very specific words — handicap service dog, police K9, search and rescue K9 — so nobody can wiggle around those generic words.”

Many websites let people purchase vests and ID cards online, claiming to “register” service dogs. But in states like Texas, where Baggette serves on the governor’s advisory board for service dogs, that kind of misrepresentation can be criminal: “If you are portraying your dog as a handicap service dog and it’s not, that’s considered a crime,” she said.

In the future: A FEMA-style K9 response team

Though therapy dogs can be a liability for agencies, that doesn’t mean they don’t have any place in assisting public safety, Baggette said. Implementation just needs to be strategic.

“If there are civilians with therapy dogs available, why double up the work?” she said. “Let’s communicate. While I deal with the law enforcement personnel, I can say, ‘Hey, they’re really wanting people at a candlelight vigil later’; that’s a public place. They can be there, and that helps us out. We can stretch that resource.”

The idea of being a resource is also where her vision for a FEMA-style CIRT K9 response team for large incidents began.

“My end goal is to start something like a FEMA disaster K9 team, specifically for CIRT dogs because they’re owned by the agency,” she said. “So, they’re responding as the agency, not as my organization.”

But remember, Baggette said, CIRT K9s are not therapy dogs — “which may have their place, but it’s not on scene.”

Learn more about K9’s For Freedom & Independence through their website.

The benefits are clear, but where to start? Learn how to find, fund and implement a therapy dog program, and download a fillable caretaking schedule

Rachel Engel is an award-winning journalist and the senior editor of FireRescue1.com and EMS1.com. In addition to her regular editing duties, Engel seeks to tell the heroic, human stories of first responders and the importance of their work. She earned her bachelor’s degree in communications from Cameron University in Lawton, Oklahoma, and began her career as a freelance writer, focusing on government and military issues. Engel joined Lexipol in 2015 and has since reported on issues related to public safety. Engel lives in Wichita, Kansas. She can be reached via email.