MEDIA: Kazakhstan - Senate passes ratification of convention on protection of children and foreign adoption

Parliament ratified convention on protection of children and foreign
adoption

Astana. February 25. Kazakhstan Today - The deputies of the Senate of Parliament of Kazakhstan at the plenary session today passed the Law on Ratification of Convention on Protection of Children and Foreign Adoption, the agency reports.

According to the conclusion of the Senate Committee for Welfare Development, "the convention establishes the requirements to foreign adoption, the fact of recognition and the consequence of such adoption, the principles of the work of the central bodies that deal with foreign adoption, possibility of granting powers to the authorized organizations. "

"The purpose of the convention is maintenance of guarantees that foreign adoption is carried out in the best interests of children and with observance of their fundamental rights."

According to the Ministry of Education and Science of Kazakhstan, there is a tendency of increase of cases of adoption of children by Kazakhstan citizens. The citizens of the Republic adopted 3 thousand 44 children, which is by 271 children more than in 2008. Foreign citizens in 2009 adopted 669 Kazakhstan children that is by 40 children fewer than in 2008.

Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption was signed in the Hague on May 29, 1993 and accepted based on the UN Convention on the Rights of the Child, the UN Declaration on Social and Legal Principles.

According to the Minister of Education of Kazakhstan, Zhanseit Tuymebaev, joining the convention and its ratification will promote joining the efforts of Kazakhstan and other states in settlement of the questions of international adoption, legal protection of children during the process of foreign adoption.

http://engnews.gazeta.kz/art.asp?aid=141764


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

UPDATE: Haiti February 24 Teleconference

Haiti Teleconference-February 24, 2010

PEAR was in attendance for the first hour of the teleconference.

The first 30 minutes were updates on

• This past weekend’s delay of 6 children
• Establishment of commercial flights to Haiti
• US Embassy hours of operation in Port Au Prince
• Information on the next steps for regularizing immigration status of children who were granted Humanitarian Parole.

Questions and Answers were taken after that. There was a reiteration of strong commitment to this Humanitarian Parole program from both Haitian and US governments.

Delays

The delay of 6 children that garnered much press were able to leave Haiti today. As commercial flights resumed at the airport on Friday February 19, the Haitian government was back in control of the airport for the first time. This group of children were the first to pass through the airport after the change of power. The Haitian police who were there to ensure proper documents were leery of the paperwork since they had not seen that type before. The Prime Minister’s signature was on all the paperwork and Haiti and US immigration officials were never in doubt of the authenticity of the paperwork. The Police wanted to double-check everything and the children were placed under UNICEF care in a Haitian facility until the process was clarified for the police. The Prime Minister will continue to approve each and every case that the US Embassy processes before each child will be able to leave Haiti.

Commercial Flights

There are now two American Airline commercial flights per day from Port Au Prince to Miami. All children will be processed through Miami. Spirit Air may begin flights soon. Charter flights may occur but the USCIS and DOS cannot guarantee those flights. In the event that children are scheduled on a charter flight and the charter flight fails to materialize, the children’s travel arrangements can be changed to commercial flights.

US Embassy Hours

The US Embassy in Port Au Prince has returned to regular hours for the public. They will be open Monday through Friday 7 AM to 3:30PM with the ability to schedule Saturday appointments. They will not be open on Sundays. Adoptive parents should continue to work with USCIS to get an appointment for their child.

Regularization of Immigration Status for Children on Humanitarian Parole

The issue of how to proceed is not dependent on Category I or Category II status, but rather will be based on documentation of a full and final adoption decree in Haiti.

If you have a full and final adoption decree that is documented, you may file an
I-600 and I-485.

If you do not have a full and final adoption decree, you can either

(1)wait and finalize the adoption in Haiti to gain legal status of your child and then file I-600 and I-485 (timeframe for the ability to do this is unknown at this time) or

(2) Obtain legal custody of your child in the US by adopting the child in the US. Then citizenship will be granted after 2 years of living with the child and 2 years of having physical custody of the child, which can be concurrent. The Humanitarian Parole timeframe can be extended as long as it is applied for before the time has expired. After the 2 year period, an I-130 and I 485 package can be filed. After I-485 is filed a Certificate of Citizenship can be issued and a US Passport can be issued.

Travel outside the US during this 2 year period may have limits. An I-131 form can be shown for entry back in to the US, but the foreign government may not accept the child into their country with the documents that parents may have during this time.

The child must be under 16 or have a sibling, who is under 16 that is being adopted at the same time in order to go through this process. If your child is older than 16 and does not have a sibling younger than 16 concurrently being adopted, a clear path is not yet established but USCIS and DOS will work with you individually.








Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

UPDATE: Poland - PEAR's Cautionary Statement on Adoption from Poland

PEAR's Cautionary Statement on Adoptions from Poland

Over the past four months PEAR has received numerous complaints and requests for assistance from families who are in the process of adopting from Poland or who have completed a recent adoption from Poland. The majority of these situations involved inaccurate, incomplete, or falsified medical and psychosocial histories of the children to be adopted. In each case, the families have chosen to either disrupt the adoption process in Poland or dissolve adoption once in the US.

One of PEAR's goals is to ensure that all families are provided the opportunity to make a wholly informed and educated decision to adopt. Part of this includes the accurate and full conveyance of a child's known or suspected medical and psychosocial history to the family prior to adoption, and this is one of the requirements listed under PEAR's Prospective Adoptive Parents Bill of Rights. The purpose of this requirement is two-fold, one preparing parents to best meet the needs of their children is always in the best interests of the child, and two, prevention of disruptions or dissolutions harmful both to the child and his/her potential family.

We understand that some of the motivation behind the innacurate and incomplete medical histories may be the good intentions of those involved in these adoptions to find homes for children with special needs. However, good intentions or not, these childrens and families are being placed in very risky and possibly harmful situations as a result.

In addition, adoptions from Poland are subject to the Hague Convention on the Protection of Children in Respect to Intercountry Adoption. Article 9 (a) and Article 16(1)(a) of the Hague Convention require that Central Authorities to provide medical histories and records to the adopting family. Failure of the Central Authorities to act in accordance with the Hague Convention on the Rights of the Child may result in the halt of adoptions from that country. Under the US regulations promulgated in support of the Hague Convention, accredited adoption service providers and their incountry representatives must provide adopting families with accurate medical histories both known and suspected at least two weeks prior to the family traveling to the receiving country. Failure to abide by the Hague Regulations found at 22 CFR sec. 96.49 can result in sanctions or the loss of accreditation on the part of adoption service providers.

As an additional caution to adoptive families and adoption service providers, please know that families who present at the US Embassy interview in Warsaw can be, and in fact have been, denied visas on the basis that the child they adopted does not fit within the parameters of the child they were prepared and approved for in their homestudy.

PEAR respectfully requests adopting parents to be vigilant in their review of medical records and to request clarification or further information if they suspect undisclosed issues. We also ask accredited adoption service providers and their incountry personnel to convey full and complete medical and social histories to adopting parents in accordance with the Hague Regulations and the Hague Convention. Additionally, we are calling upon the Central Authorities of Poland and the US to investigate and work with Polish and US individuals and organizations involved in caring for or placing children to convey the importance and necessity of conveying complete and accurate records about the children to their potential adoptive parents.

Resources: If you have adopted or in the process of adopting from Poland and have received inaccurate, incomplete or falsified medical records you can report your situation to any or all of the following:

PEAR at reform@pear-now.com or via our online Web Comment form www.pear-now.org.

The US Embassy in Warsaw:
American Embassy – Consular Section
IV Unit/Adoptions
Ul. Piekna 12
00-540 Warsaw, Poland
Tel: 48-22-625-1401 or 48-22-504-2106;
Fax: 48-22-504-2039
adoptwrw@state.gov

The DOS and COA via their online Complaint registry at:
http://www.adoption.state.gov/hague/overview/complaints.html

The Polish Adoption Authority:
Mrs. Elzbieta Podczaska, Director
Publiczny Osrodek Adopcyjno-Opiekunczy
ul. Nowogrodzka #75
02-018 Warszawa
Tel/fax: 48-22-622-0370, 0371, or 0372 (Please note that Mrs. Podczaska does not speak English, but members of her staff do.)
e-mail: poaowa@poczta.onet.pl




Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

UPDATE: Haiti - Next Steps to Citzenship for Children Brought to US Post-Earthquake

February 23, 2010:
Information for Adoptive Parents of Paroled Haitian Orphans
Obtaining Lawful Permanent Residence (LPR) Status and U.S. Citizenship

Introduction:
Under normal circumstances, a child immigrating to the United States from Haiti as the adopted orphan child of a U.S. citizen is adopted before leaving Haiti, and is then admitted to the United States with an immigrant visa for Lawful Permanent Residence (LPR) status. The adopted child then acquires citizenship upon entry as specified in section 320 of the Immigration and Nationality Act (INA).

In light of the devastating earthquakes in Haiti, the Secretary of the Department of Homeland Security authorized Haitian children, who were adopted or were in the process of being adopted by American families prior to the earthquake, to be paroled into the United States. “Category 1” parolees are Haitian orphans who were already legally adopted in Haiti. “Category 2” parolees are certain Haitian orphans whose cases had not yet resulted in final adoptions. You may find more information about the parole policy on USCIS’ Haiti Earthquake Response page at www.USCIS.gov.

To determine what steps to take next, it is most important to understand where you were in the adoption process in Haiti, regardless of the category you believe your child fell within at the time of parole. The following is provided for informational purposes to U.S. citizen adoptive parents and prospective adoptive parents.

If the adoption process was completed in Haiti before the child was paroled into the United States the Next Steps for Obtaining LPR Status are:
After U.S. Customs and Border Protection (CBP) or the U.S. Department of Health and Human Services (HHS) has released the child into your physical custody, you should file the following forms BEFORE the child’s 16th birthday.

These forms can be filed together to significantly reduce the processing time.
• Form I-600, Petition to Classify Orphan as an Immediate Relative, and
• Form I-485, Application to Register Permanent Residence or Adjust Status.

After USCIS approves the Form I-485, you may file an Application for Certificate of Citizenship (Form N-600), to obtain evidence of citizenship for the child, or apply for a U.S. passport.

You may file a Form I-600 after the child’s 16th birthday but before his or her 18th birthday, only if:
• You legally adopted the child’s birth sibling before his or her 16th birthday, or you filed a Form I-600 for the birth sibling before his or her 16th birthday, and
• The birth sibling immigrated to the United States based on your legal adoption of him or her, or for the purpose of your legal adoption of the birth sibling.


If the child was paroled into the United States, but there was no actual adoption or grant of legal custody from a Haitian court the Next Steps You Should Take Are:
If you did not legally adopt the child in Haiti, you must decide whether to seek LPR status for the child as an “orphan” under the INA section 101(b)(1)(F) or as an “adopted child” under INA section 101(b)(1)(E).

Orphan case

DHS regulations, at 8 CFR 204.3(k)(3), allow for approval of a Form I-600 on behalf of a child in the United States in parole status.

Under the DHS regulation, however, you must still adopt the child in Haiti.

It is not known, currently when Haiti will be able to resume normal processing of adoption cases, or whether Haiti would require the child to return to Haiti for an adoption proceeding.

Adopted child case

Instead of following the Form I-600 process, you may adopt the child in the United States, under resident state laws and then wait to file a Petition for Alien Relative, (Form I-130), after the child qualifies to immigrate under INA section 101(b)(1)(E).

This means that you can file the Form I-130 only after you have lived with the child for at least two years and have had legal custody of the child for at least two years.

Note: the U.S. federal government’s release of the child into your physical custody is not legal custody for purposes of the adoption requirements for immigration as an adopted child.

After the child has been released into your physical custody, you should file a petition to adopt the child with the proper court in your home state, which will establish that you are legally the child’s parents and that you have legal custody of your child.

We urge you to begin the adoption process in your home state as soon as possible, because you must obtain the adoption decree before the child’s 16th birthday.

If the child is age 16 when you adopt the child, then you will not be able to use the Form I-130 route under INA section 101(b)(1)(E).

Filing a Form I-600 before the child’s 16th birthday does not meet the requirement of INA section 101(b)(1)(E) that the child must be adopted before the child’s 16th birthday.

If the child is already age 16, you will need to wait until Haiti resumes processing of adoption cases, and obtain approval of your Form I-600 after you adopt the child in Haiti, provided that the Form I-600 was filed before the child turned age 16 (as in an ‘orphan’ case).

• The only exception to this is for a child whom you legally adopted after his or her 16th birthday but before his or her 18th birthday, if:
• The child is the birth sibling of another child who was legally adopted by you, if you adopted or filed a Form I-600 for the birth sibling before his or her 16th birthday, and
• The birth sibling obtained LPR status based on adoption by you.

• After you have had legal custody of the child and have resided with the child for two full years you should file both Form I-130 and Form I-485.

• The period of legal custody will generally begin on the date of the adoption unless a state court in the United States grants you legal custody before the actual adoption.

• The Form I-130 and Form I-485 can be filed together to significantly reduce the processing time.

• After the Form I-485 is approved, you may file Form N-600 to obtain a Certificate of Citizenship

Questions & Answers

Q1. Are there any additional requirements from the Haitian government that I should be aware of during this process?
A1. The U.S. Department of State (DOS) is working closely with the Haitian government regarding the Haitian children, who were identified and matched for adoption by U.S. citizens before the earthquake, and who entered the United States under the special humanitarian parole program for those children. The DOS will inform adoptive parents on the Web page, www.adoption.state.gov, of any requests the Haitian government makes concerning these children and their adoption by U.S. parents. For example, the DOS understands that the Haitian government may want adoptive parents to complete the Haitian adoption process at some point in the future. In addition, the Haitian government may wish that adoptive parents complete post-adoption reports about their adoptive children. We are seeking details on these and any other requests from the Haitian government. We strongly encourage adoptive parents to fulfill any such requests. Failure to respond appropriately could have an adverse impact on future adoptions from Haiti as well as other countries.

Q2. What if I had already filed a Form I-600 for my child?
A2. As indicated in the table above, if you have adopted the child in Haiti, and the child qualifies as an “orphan” as defined in section 101(b)(1)(F) of the INA, the Form I-600 may be approved, even after the parole of the child into the United States. If you have filed Form I-600 for a child who has been adopted in Haiti and it is approved or pending, you may file Form I-485 with USCIS. However, if you are not able to complete an adoption in Haiti, and you decide to adopt the child in the United States instead, you will still need to file a Form I-130 and Form I-485 in order for the child to immigrate as your adopted child based on your adoption of the child in the United States, provided all of the relevant requirements are met.

Q3. Why is the age of my adoptive child important?
A3. For a Form I-130 case, U.S. immigration law requires that the child must be adopted before his or her 16th birthday. For a Form I-600 case, U.S. immigration law provides that the Form I-600 must be filed before the child’s 16th birthday. The only exception to this is for a child whom you adopted or filed a Form I-600 for after his or her 16th birthday but before his or her 18th birthday, if:
• The child is the birth sibling of another child who you legally adopted, if you adopted or filed a
Form I-600 for the birth sibling before his or her 16th birthday, and
• The birth sibling obtained LPR status in the United States based on adoption by you.

Q4. My adopted Haitian child entered the United States with an immigrant visa. Do I need to do anything else in order for my child to obtain evidence of U.S. citizenship?
A4. This depends on how your child was admitted to the United States.
• If your adopted child was admitted to the United States with an immigrant visa, he/she became a lawful permanent resident upon admission to the United States.
• If your child was admitted with an IR-3 immigrant visa, your child should receive a Certificate of Citizenship soon after admission.
• If your child was admitted with an IR-4 immigrant visa, you must complete the adoption process in the United States and file a Form N-600 if you wish to obtain a Certificate of Citizenship or apply for a U.S. passport for your child.
• If your adoptive child was admitted with an IR-2 visa (which is extremely rare), you may file a
Form N-600 to obtain a Certificate of Citizenship or apply for a U.S. passport for your child.

Q5. My adoptive child’s period of humanitarian parole will expire before the child acquires LPR status. What do I need to do?
A5. The expiration date for your child’s parole is shown on the DHS Form I-94, issued upon the child’s arrival in the United States. If your child’s humanitarian parole is going to expire before the child acquires LPR status, you should apply for an extension of your child’s humanitarian parole. Be sure to file the extension application before the period of parole expires. This is important because any lapse in your child’s lawful immigration status could affect future applications.
To apply for an extension of parole with USCIS you must:
• File an Application for Travel Document, (Form I-131), and on the first page write
‘EXTENSION REQUEST’ in big, bold letters,
• Include the filing fee,
• File an Affidavit of Support (Form I-134),
• Include current supporting documentation, and
• Include a copy of your Form I-94, Arrival/Departure Record, which your child was issued upon
parole into the United States.

You must submit requests for extensions of parole to USCIS at the following address:

Department of Homeland Security/USCIS
Attn: Chief, Parole Branch
20 Massachusetts Avenue, NW Suite 3300
Washington, DC 20529-2100

USCIS recommends that you file for an extension of parole at least 30 days (and up to 120 days) before the expiration date on your Form I-94, Arrival/Departure Record.

Q6. When can my adoptive child travel outside the United States?
A6. Your child may travel outside the United States after the Form I-485 or N-600 is approved, and your child has received his or her permanent resident card or Certificate of Citizenship. Once your child is a citizen, he/she may need to obtain a passport to travel abroad and return to the United States.

Before the Form I-485 is approved, your child may travel if you file a form I-131, Application for Travel Document, and your child has received the advance parole document, which may be used as a travel document for return travel to the United States.

Remember to check the CBP Web site, www.cbp.gov to determine what other documents your child will need to return to the United States.

You should also find out what documents any foreign country may require your child to have, such as a passport or visa, to enter and leave that country.

Q7. Where can I get the forms mentioned above?
A7. All USCIS forms are available for free download at http://www.USCIS.gov/forms. Individuals may also call the toll-free USCIS forms hotline, (800) 870-3676.



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Call for Full Investigation into Amelya Frances Kirkpatrick's Adoption in Utah

According to a court document obtained by PEAR, on February 9, 2010, Scott and Karen Banks, former owners of adoption agency Focus on Children, were allowed to adopt another child, originally from China. The Banks were indicted on 135 Federal counts in 2007 for a fraudulent adoption scheme in Samoa. In 2009, they pled guilty to Aiding and Abetting the Improper Entry of an Alien in a plea deal made with the US Attorney's office in Utah. They were given a sentence of five years probation during which time they are forbidden to participate in the adoption business and are required to make payment into a trust for the victims.

The recent adoption occurred after evidence of their illegal activities with their Samoan adoption program were put on record in Utah courts. Also supplied was information regarding the Banks two previously adopted Romanian children.

According to numerous media sources and their now-adult Romanian daughter's own affidavit, this child and her sibling were flown to Samoa by Scott Banks and left without legal documentation in 2000, leaving these adoptees in a legal limbo. In addition, according to an affidavit given by their caregiver in Samoa, the Banks have had no contact with either child since their arrival, nor have they supported the children in any way since abandoning them in Samoa.

Furthermore, a third child of the Banks, suffering from cerebral palsy and also adopted from Romania, has been alleged in various documents to have been severely neglected in their home. This child was placed in a group home in Utah.

PEAR believes that anyone convicted of crimes involving children should be barred from the possibility of adopting any other children. We also believe that any parents convicted of or with a history of legitimate allegations of child abuse and neglect should be barred from adopting children.

PEAR opposes any practice that does not protect the rights of the child to live a life free from abuse and neglect with qualified and loving adoptive parents. To not hold these rights paramount in an adoption proceeding undermines every moral and ethical standard that each child deserves.

We are sponsoring a petition to be sent to the Governor of Utah asking his office to open an investigation into how and why this family was allowed to adopt another child given their dubious history. If you agree with the statements made please take a moment to sign the petition.

The petition can be found at http://www.ipetitions.com/petition/utahadoption/

Measure passed by PEAR’s board 2/19/2010



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Announcing Ethica's Ethiopia Transparency Survey

In the interest of advancing transparency in adoptions in Ethiopia, Ethica has invited all U.S. agencies with Ethiopia international adoption programs to provide information about their Ethiopia program by taking part in a brief survey. Agency responses will be posted and participating Adoption Service Providers will be acknowledged on Ethica's website. All agencies known by Ethica to have licensed Ethiopia programs have been notified about the survey.

Ethica's Ethiopia Transparency Survey may be found at:

http://www.ethicanet.org/ethiopiasurvey

If you have any questions about the survey, please contact Ethica at andrea@ethicanet.org

PEAR is encouraging all prospective and adoptive parents to request that their agencies participate in this survey. Like Ethica, we have had a very difficult time reconciling the vast difference in information from agency to agency concerning the adoption process and post adoption experiences of PAPs and APs. As a result, we have a difficult time offering guidance and support to those who contact us for assistance. We believe that participation in Ethica's survey will be a key piece in sorting out the truth and working together to ensure that Ethiopian adoption programs are transparent and ethical.


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

UPDATE: Haiti Teleconference

Today PEAR took part in the first hour of a teleconference with USCIS International Operations Division, DHS, DOS and other government agencies to discuss the ongoing process of bringing children into the US on Humanitarian Parole visas.

The primary discussion was effect that resumption of commercial flights will have on getting HP children to the US. Once commercial flights resume on Friday, February 19, the military will have to reduce its flights so as not to compete with the commercial flights. DHS will continue to work with adopting families to secure remaining military flights during the transition period (approximately two weeks) or to locate other private aircraft flights able to escort the children into the US.

Once it becomes necessary to book commercial flights for the children, adopting parents will have to reserve seats for their children and possibly for an adult escort and cover those costs. American Airlines is the only commercial carrier resuming flights. American requires an escort ratio of 2:1 for infants and all children under 15 must be escorted. DHS will work closely with adopting parents to secure the proper number of seats and coordinate timing. Adopting families are discouraged from attempting to fly to Haiti to retrieve the children.

The following is the outline of the process DHS foresees:

1. HP is approved at the Embassy.
2. The child is immediately placed on the prime minister list for travel approval.
3. The Prime Minister will sign the travel approval (this process has slowed down due to other obligations of the Prime Minister but is still occurring).
4. The Embassy will immediately notify parents when the approval is signed and will inform parents of the options available for bringing home their child.
5. If there is no military or private flight available, parents will need to book a flight with American Airlines. The only point of entry the children will be permitted to enter the US is Miami, so all flights must be booked from PaP to Miami. Once a flight is booked, parents will notify the Embassy and the Embassy will secure the proper documents and escort the child to the airport. The Embassy will work with parents on contacting the orphanage or guardian of the child with travel plans and coordinating the process.

The process is malleable at this point as DHS works though the complications this transition may present.

DHS also provided the following information on the process to date:

So far, travel has been authorized for over 800 children. They expect a considerable number of cases to receive travel authorization tomorrow (Friday February 19). DHS is aware of a possible flight via a charitable organization on Friday if the travel authorizations are signed.

DHS anticipated approximately 900 applications and has received 1300. About 5% of the cases reviewed have been found ineligible. DHS still continues to encourage prospective adoptive parents who began the Haitian adoption process prior to the earthquake to review the criteria for eligibility and contact DHS if they feel they have a chance at meeting those criteria.

DHS has shifted from processing groups of children by orphanage to processing individual children as they are ready which has quickened the pace of approvals. Each case is reviewed twice and is given individual care and attention.

In addition to the above information, DHS announced that it will provide a teleconfernce early next week for disseminating information on obtaining citizenship and finalizing adoptions for children who entered the US under Humanitarian Parole. A date and time have not yet been fixed. PEAR will publish this information as soon as we receive it.


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

STUDY: Assessment of Child Protection Needs in Post-Earthquake Haiti

The New England Journal of Medicine published the following on February 17, 2010
http://content.nejm.org/cgi/content/full/NEJMp1001820

Protecting the Children of Haiti
Satchit Balsari, M.D., M.P.H., Jay Lemery, M.D., Timothy P. Williams,
M.S.W., M.Sc., and Brett D. Nelson, M.D., M.P.H., D.T.M.&H

Haiti has long had difficulty in protecting its children from harm. The earthquake that struck the country on January 12 destroyed much of the capital, Port-au-Prince, as it killed many government officials and United Nations (UN) workers and left as many as 230,000 people dead and many thousands injured. In the wake of this sweeping disaster, the plight of Haiti's children has acquired new and terrible dimensions.

On January 24, we went to Haiti as members of a team sent by the François-Xavier Bagnoud Center for Health and Human Rights at Harvard University to conduct a multisite rapid assessment of child-protection needs in the post-earthquake environment, where it was already evident that children were at grave risk of abandonment, abuse, and trafficking. The focus was on the current systems and practices for identifying and caring for unaccompanied children and for tracing those who had been separated from their families and reuniting them with parents or guardians. Longer-term interventions to promote the welfare, rights, and safety of this population were also examined.

In 9 days, we interviewed more than 25 stakeholders in Haiti, including government officials, local staff members, humanitarian aid workers, and representatives of domestic and international nongovernmental organizations and UN agencies. We visited field hospitals, clinics, shelters, and orphanages, along with observing risk-assessment practices and participating in meetings of UN "clusters" (groups focused on individual service sectors).

Children constitute almost half of Haiti's population of 9 million. Before the earthquake, an estimated 350,000 children lived in "orphanages," yet only 50,000 of them had no living parents. Desperately poor families have often felt compelled to place children in residential care facilities, only to return later and find that they have been given away for adoption. Throughout the world, many families have historically relinquished their children when they reached a tipping point due to unmanageable birth rates; parental death, disability, or unemployment; physical insecurity; displacement; or natural disasters. In pre-earthquake Haiti, many families had already reached such a crisis.

Local officials estimate that there are about 350 registered orphanages in the country and about twice as many unregistered and unregulated ones. Even most registered institutions do not meet international UN guidelines. A related long-standing threat to child protection has been the common practice of sending children away as /restavèks/ (Creole for "stay with") to live with others in exchange for work. An estimated 150,000 to 500,000 /restavèks/ work essentially as unpaid domestic laborers, with little or no access to education or recreation and subject to physical, mental, and sexual abuse.The /restavèk/ situation and the practice of institutionalizing children reflect the extreme destitution of Haitian families. Thus, the earthquake occurred against a background of economic extremity driving family separation,aggressive trafficking networks, inadequate law enforcement, and a growing global demand for adoptive children.

Parents died and families were splintered as a result of the earthquake. In the rush to provide emergency care, injured adults and children were often scattered, taken to the nearest available health care facilities, and sometimes transferred, without records, to other centers. This situation prevailed for a month, during which time little, if any, demographic or registration information was collected at sites of care or settlement. Critical early opportunities to record, identify, and trace children and families were lost. The lack of data has impaired all aspects of child-protection efforts.

Irregular settlement adds further risk. By January 31, there were 1.1 million Haitians in need of shelter in Port-au-Prince and the surrounding communes, living in 591 documented improvised settlements — some of which, like the Petionville Club, hosted as many as 100,000 refugees. Children and young people in these dense settlements are easy targets for organized crime, violence, and sexual exploitation.

This disaster has imposed a massive socioeconomic burden on a country that was already struggling with poor governance and an impoverished population. Stripped of all assets by the earthquake, a growing number of families are parting with their children. Given Haiti's unregulated borders, weak law-enforcement practices, and insufficient numbers of international monitors, traffickers face few deterrents. There is growing consternation among child-protection workers about the lack of financial and human resources for protecting Haiti's vulnerable child population, which is estimated by some at 1 million.

The /restavèk/ phenomenon and unregulated "orphanages" pose challenges to the placement of unaccompanied children. Although international standard practice is for orphans to be promptly returned to their relatives or communities, the /restavèk/ option and severe poverty make community-based solutions problematic. Many aid workers feel compelled to consider institutional placement as a safer interim solution. But safe institutions are hard to come by. We encountered several hospitals where unaccompanied children whose treatment was complete were not being released for lack of a safe discharge plan (though in the first few weeks after the earthquake, many unaccompanied children had been discharged to the street). Representatives of orphanages visit camps and hospitals daily, and there is no effective mechanism for distinguishing safe residential care facilities from fronts for trafficking.

Adoption is sometimes seen as a viable alternative in the face of destitution. Experience from past disasters and conflicts, however, suggests that adoptions in the immediate wake of such crises carry a high risk of permanent removal of children who are not actually orphans — a practice that inevitably inflames latent nationalist sentiment in the affected region. The fields of child human rights and child psychology place great emphasis on maintaining the integrity of the family unit, where children have the best chance of being raised in a loving, intimate environment. There is great need now to provide care for thousands of children, including those with medical and other postoperative needs, and in some instances temporary protection status or adoption across borders might be acceptable. But a much better system for tracing children and protecting borders must first be implemented, to reduce the risk that children will be torn from their own families who, given the means, would nurture and care for them.

Improved family-tracing procedures, border control, effective scrutiny of international adoptions in line with the Hague Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, and more stringent oversight of orphanages are urgently needed to forestall further abuse. We believe that all aid workers, including voluntary health care professionals, should receive training in child-protection norms and be sensitized to the prevalence of child abandonment, abduction, and trafficking. Child-protection basics, including identification procedures and record keeping, reestablishment of educational opportunities, creation of child-friendly spaces (set up specifically for children in crises to address their physical and psychosocial needs in a stable, trustworthy environment), and health interventions, must be ramped up rapidly. Additional steps must be taken to strengthen local governmental and policing institutions charged with child protection, specifically the Ministry for Social Welfare and Research and the Brigade for the Protection of Minors.

A sustained strategy must be developed to mitigate the distress and insecurity of affected children. The challenges of tracing and family reunification must be addressed through streamlined data-acquisition systems, heightened public awareness, and community-driven monitoring initiatives. Attention to child welfare and disability-related needs is essential, even as economic strategies are found to enable families and communities to achieve a reasonable standard of living. A common refrain heard among aid workers is that to ensure safe childhoods,families must be given a fair chance to be economically viable — which requires investments^ in health, education, vocational skills, sustainable livelihoods, microfinancing, and improved agricultural practices.

A senior aid worker spoke for many seasoned responders when he said,"We must be firmly committed to this notion of building back Haiti better. We must not accept the /restavèk/ phenomenon as the inevitable. We must build a society free of /restavèks./ Children belong in their communities." This goal will be difficult to achieve. Yet, as the UN's special rapporteur recently remarked, "The human security of every child is of utmost importance to the sustainable development of a society based on human rights and [is] a precondition for sustainable peace."

An imaginative, bold solution is required. Recovery from an earthquake is always complex and slow, but Haiti's children should not be made to wait and suffer. One million vulnerable children are a very large share of Haiti's future and of ours.









Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

UPDATE: DOS Notice - Nepal

Nepal Adoption Notice

U.S. DEPARTMENT OF STATE
Bureau of Consular Affairs
Office of Children’s Issues

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February 17, 2010

The Hague Conference on Private International Law has recently released a report on its Intercountry Adoption Technical Assistance Program, based on a visit by the Hague delegate to Nepal in November 2010 (http://www.hcch.net/upload/wop/nepal_rpt09.pdf). This report is based on an independent analysis of Nepal’s inter-country adoption system under its new Terms and Conditions 2008. The report details a number of weaknesses in Nepal’s current system, including the falsification of documents, improper financial gain and lack of a child protection system.

The U.S. Department of State shares many of the concerns outlined in the Hague report. In one of the first cases processed by the Government of Nepal after the revision of the Terms and Conditions, the U.S. Embassy in Kathmandu found that the child in question was not a true orphan and that the child’s biological parents were actively searching for the child.

We caution prospective adoptive parents who have yet to choose a country that the intercountry adoption system in Nepal is not yet reliable. For prospective adoptive parents who currently have active files at the Ministry of Women, Children and Social Welfare, we remind you that consular officers are required by law to conduct an orphan investigation (I-604) to verify the child's orphan status prior to the issuance of an IR-3 or IR-4 immigrant visa. Depending on the circumstances of a case, this investigation may take up to several months to complete and some matched children may not be found to be adoptable under U.S. immigration law. Prospective adoptive parents should therefore carefully consider whether to file their Form I-600 Petition to Classify an Orphan as an Immediate Relative with the Department of Homeland Security, United States Citizenship and Immigration Services in the U.S. or at the U.S. Embassy in Kathmandu, as the Embassy’s I-604 investigation cannot begin until the I-600 has been filed and the documents have been reviewed by a consular officer.

The U.S. Embassy in Kathmandu continues to meet with officials within the Government of Nepal and work with the Office of Children’s issues to provide updated information to the public as it becomes available.

http://adoption.state.gov/news/nepal.html

Cross posted on PEAR's Nepal Blog


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

UPDATE: DOS Notice - Uganda

Uganda

Adoption Notice

U.S. DEPARTMENT OF STATE
Bureau of Consular Affairs
Office of Children’s Issues

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Status of Adoptions from Uganda

February 17, 2010

Contrary to rumors that have been circulating, the U.S. Embassy in Kampala has NOT ceased processing adoption cases, but legal complications in Uganda have arisen that are likely to cause significant delays in the processing of most adoption cases.

On February 2, 2010 The Honorable Lady Justice Margaret C. Oguli Oumo, Family Court Judge, informed the U.S. Embassy in Kampala that legal guardianship orders issued by the High Court of Uganda are issued with the understanding that United States citizens will not adopt Ugandan children in the United States and that the Ugandan children will not change their citizenship.

A key requirement of IR-4 immigrant visa eligibility is that the prospective adoptive parent(s) (PAPs) obtain legal custody of the child for the purposes of emigration and adoption abroad. Guardianship orders that merely permit the guardians to travel with the child outside of Uganda and do not permit the guardians to fix the abode of the child may not meet the requirements of U.S. immigration law for the purpose of IR-4 visa issuance.

If there is a doubt as to the meaning of a custody order, consular officers must seek clarification from appropriate government authorities. If the consular officer ultimately determines the order to be sufficient to meet the requirements for IR-4 visa issuance, the case can be processed to conclusion. If the consular officer determines the order to be insufficient, the embassy is required to submit the I-600 petition to USCIS for review. (If the I-600 was locally filed it would go to the USCIS office with jurisdiction as not clearly approvable; if it was approved in the United States it would be returned through the National Visa Center to the USCIS office in the United States that originally approved the petition.)

http://adoption.state.gov/news/uganda.html

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

MEDIA: Ethiopia Adoption in Spotlight Again

Last night CBS ran a story on an adoption from Ethiopia through CWA entitled:

Child: US Adoption Agency Bought Me - CBS News Investigates Serious Questions about the Legitimacy of Some Ethiopian Adoptions

The video can be seen here:
http://www.cbsnews.com/stories/2010/02/15/cbsnews_investigates/main6210911.shtml

CWA's statement concerning CBS February 15 broadcast can be read here:
http://www.cwa.org/cbsnews-response.htm

PEAR understands that CBS is formulating a rebuttal to the CWA response but has not yet published it. If a rebuttal is published we will update this post.


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

MEDIA: Kazakhstan - Majilis passed ratification of convention on protection of children and foreign adoption

Majilis passed ratification of convention on protection of children and foreign adoption

Astana. January 27. Kazakhstan Today - The deputies of Majilis at the plenary session passed the bill on ratification by Kazakhstan of Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, the agency reports.

According to the Ministry of Education and Science of Kazakhstan, there is a tendency of increase of cases of adoption of children by Kazakhstan citizens. The citizens of the Republic adopted 3 thousand 44 children, which is by 271 children more than in 2008. Foreign citizens in 2009 adopted 669 Kazakhstan children that is by 40 children fewer than in 2008.

Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption was signed in the Hague on May 29, 1993 and accepted based on the UN Convention on the Rights of the Child, the UN Declaration on Social and Legal Principles.

According to the Minister of Education of Kazakhstan, Zhanseit Tuymebaev, joining the convention and its ratification will promote joining the efforts of Kazakhstan and other states in settlement of the questions of international adoption, legal protection of children during the process of foreign adoption.

http://engnews.gazeta.kz/art.asp?aid=140428


Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

UPDATES: Ukraine, DOS issues two new Adoption Notices for Ukraine

Ukraine
http://adoption.state.gov/news/ukraine.html

Adoption Notice

U.S. DEPARTMENT OF STATE
Bureau of Consular Affairs
Office of Children’s Issues

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January 28, 2010

New Paper Work Requirments

We would like to inform you about the new paperwork requirement for all adoption dossiers submitted to the Ukrainian State Department for Adoptions and Protection of the Rights of the Child (SDAPRC). All foreign adoptive parents will be required to add the following documents to their adoption dossiers:

1. Three copies of both parents’ passports (instead of one), accompanied by Certified Ukrainian translation. No apostille is required for copies of passports.
   
2. Notarized statement, signed by both parents, authorizing the SDAPRC to request clearances for them through Ukrainian law enforcement agencies and Interpol. This statement should be submitted in duplicate, each one bearing a Hague Apostille, and be accompanied by a certified English translation. You can use the following form that is the translation of the Ukrainian form provided by SDAPRC.
   

Note: All adoption dossiers must now include these two additional documents. SDAPRC’s policy is that foreign adoptive parents must go through the Interpol clearance process, regardless the date of their registration with SDAPRC. SDAPRC agrees to accept statements notarized by local Ukrainian notaries for the families who are already in Ukraine now, finalizing their adoptions. The Interpol clearance processing time may require up to 40 days.

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January 29, 2010

Passport Delays

The U.S. Embassy in Ukraine has issued a Public Announcement regarding delays in obtaining passports for Ukrainian citizens, which can affect documentation of children adopted by American citizens. The Public Announcement can be viewed at the following link on the Embassy’s website: http://kyiv.usembassy.gov/amcit_adoptions_news_eng.html

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

Haiti: USCIS FAQ Sheet February 4, 2010

Office of Communications
United States Citizenhip and Immigration Services
Questions and Answers
February 4, 2010

Information for U.S. Citizens in the Process of Adopting a Child from Haiti
Introduction

On Jan. 12, 2010, Haiti experienced an earthquake of devastating proportions. This set of questions and answers provides information for United States citizens that have adopted a child or are in the process of adopting a child from Haiti prior to Jan. 12, 2010.

Questions and Answers

Q. I am in the process of adopting a child from Haiti, what can I do to bring the child to the United States?
A. Department of Homeland Security (DHS) Secretary Janet Napolitano has authorized the use of humanitarian parole for the following categories of orphans in Haiti:
Category 1 Cases Description: Children being adopted by U.S. citizens prior to Jan. 12, 2010, who have been legally confirmed as orphans available for inter-country adoption by the Government of Haiti (GOH) through an adoption decree or custody grant to suitable U.S. citizen adoptive parents.
Required Criteria:
Evidence of availability for adoption MUST include at least one of the following:

• Full and final Haitian adoption decree; or
• GOH custody grant to prospective adoptive parents for emigration and adoption; or

Secondary evidence in place of the above.
Evidence of suitability MUST include one of the following:

• Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or
• Current FBI fingerprints and security background check; or
• Physical custody in Haiti plus a security background check.

Please note, some of the children in this category will receive immigrant visas and others will receive humanitarian parole, depending on the completeness of the cases. Those who enter with immigrant visas will enter as aliens lawfully admitted for permanent residence. Those who enter with humanitarian parole will need to have their immigration status finalized after arrival through an application for adjustment of status.

Category 2 Cases Description: Children who have been identified by an adoption service provider or facilitator as eligible for intercountry adoption, were matched to prospective American adoptive parents prior to Jan. 12, 2010 and meet the below criteria.
Required Criteria:
Significant evidence of a relationship between the prospective adoptive parents and the child; AND of the parents’ intention to complete the adoption, which could include the following:

• Proof of travel by the prospective adoptive parents to Haiti to visit the child;
• Photos of the child and prospective adoptive parents together;
• An Adoption Service Provider (ASP) “Acceptance of Referral” letter signed by the prospective adoptive parents;
• Documentary evidence that the prospective adoptive parents initiated the adoption process prior to Jan. 12, 2010, with intent to adopt the child (filed Form I-600A, Application for Advance Processing of an Orphan Petition, and/or Form I-600, Petition to Classify an Orphan as an Immediate Relative, completed a home study, located an ASP to work with in Haiti, etc.).

Evidence of the child’s availability for adoption, which would include the following:

• IBESR (Haitian Adoption Authority) approval;
• Documentation of legal relinquishment or award of custody to the Haitian orphanage;

Secondary evidence in place of the above.
Evidence of suitability MUST include one of the following:

• Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or
• Current FBI fingerprints and security background check.

If the child you have adopted or are adopting meets these criteria, please send U.S. Citizenship and Immigration Services (USCIS) detailed information about the adoption case at HaitianAdoptions@dhs.gov. This e-mail address is dedicated to collecting information about adoption cases still pending in Haiti. Please include the name of the prospective adoptive parent in the subject line of the e-mail. Once we have your information, we will contact you with further information.

Q. How do I request Humanitarian Parole for the child I am in the process of adopting?
A. If you want to request humanitarian parole for a specific child you are in the process of adopting from Haiti, please send the request to HaitianAdoptions@dhs.gov. Please include the name of the prospective adoptive parent in the subject line of the e-mail. You do not need to file Form I-131 or submit a fee for these cases.

Q. If parole is authorized, how will my child get out of Haiti?
A. The Department of State and Department of Homeland Security are coordinating the transport of Haitian orphans with approved travel documents to ensure their safe arrival into the U.S. Currently, children are traveling by both military and private aircraft. We urge families not to make individual arrangements and to assist us in coordinating with the orphanages on the ground. To obtain more information on the process for scheduling appointments for Orphan Screening at the U.S. Embassy in Port-au-Prince, please see the Q&A below on scheduling.
Orphanage directors should first schedule an appointment before taking their group of children to the Embassy for processing. Individuals or groups that appear at the Embassy without prior coordination may be turned away.

Q. If humanitarian parole is authorized, may I travel to pick up a specific child?
A. The Department of State (DOS) Travel Warning urges U.S. citizens to avoid travel to Haiti. Communications and transportation in Haiti are extremely limited and nearly all available resources are dedicated to the immediate search and rescue of Haitians. Updates to the DOS travel warnings for Haiti are available online at http://www.travel.state.gov/travel/cis_pa_tw/tw/tw_4632.html
Once a child receives a visa or is authorized for humanitarian parole, we encourage you to work with your U.S. adoption agency and the orphanage staff in Haiti to identify an escort to bring the child to the United States.
Should you intend to travel to Haiti, USCIS strongly urges you to contact USCIS through Haitianadoptions@dhs.gov before traveling to ensure that all the paperwork necessary for your child to be paroled into the U.S. has been completed and that, if you have not been fingerprinted, you are fingerprinted in the U.S. Getting fingerprinted in Haiti may delay the processing of your case.

Q. Many documents were destroyed in the earthquake. What kind of secondary evidence can be submitted in the place of primary documents?
A. Secondary evidence may include, but is not limited to, copies of records or correspondence referring to the existence of the destroyed or missing document, as maintained by an Adoption Service Provider or the prospective adoptive family, as well as affidavits of individuals with knowledge of the document or event.

Q. I am a prospective adoptive parent in the process of adopting a child in Haiti, but the adoption was not finalized prior to the earthquake. If DHS authorizes humanitarian parole for a child who was not legally adopted in Haiti, how will I obtain the legal authority to take the child into my home?
A. If you received an order from the Government of Haiti granting custody of the child to you, then the child may be paroled into your custody upon verification of the order, your identity and that of the child after the child’s arrival in the United States.
If you have not received a formal order granting you custody from the Government of Haiti, then the child may be placed in your care but some additional procedures must be followed first. These procedures are intended to protect children and ensure that those without final adoptions are placed with families that are able to care for them. These additional procedures may take a little time, but they are critical for keeping children safe. Children who cannot be placed with prospective adoptive parents will be well cared for. The Office of Refugee Resettlement (ORR) within the Department of Health and Human Services (HHS) has contracts with organizations around the country to care for unaccompanied children who are not U.S. citizens. For more information on this process, please review the information for adoptive parents available on the U.S. Dept. of Health and Human Services website at http://www.hhs.gov/haiti/adoptionrelease.html
Whether you become a sponsor or not, you will need to adopt the child under the adoption laws of your place of residence in order for the child to acquire permanent residence in the United States. More information regarding the process for finalizing the adoption in the U.S. will be provided on the USCIS website once available. If your child is over the age of 14, please contact us immediately by forwarding an email to HaitianAdoptions@dhs.gov. To ensure that your request is processed correctly, please follow the instructions below:
1. In the subject line of your email type: "Child in U.S. – Over age 14"
2. In the body of the e-mail be sure to include:

• Your full name
• Your home address
• Your child's name
• Your child's date of birth
• Information about how to best contact you

Q. I am a prospective adoptive parent in the process of adopting a child from Haiti. What should I do if my Fingerprint Clearance has expired?
A. USCIS will review each prospective adoptive parent’s request for humanitarian parole on a case-by-case basis. If we determine that your fingerprint clearance(s) has expired, you do not need to take any action. USCIS will electronically rerun your prints. (Please do not send a request for updated fingerprint to HaitianAdoptions@dhs.gov.) If you have not been fingerprinted by USCIS at any stage of your adoption process, please send an e-mail message to HaitianAdoptions@dhs.gov and we will arrange a fingerprint appointment for you. Please include “FP Request” in the subject line of the e-mail.

Q. Is there any other way I can help orphans in Haiti?
A. We understand that some Americans want to respond by offering to open their homes. We certainly appreciate this generous impulse, but note that it can be extremely difficult to determine whether children are truly orphans. Children may be temporarily separated from their parents or other family members, and their parents or other relatives may be looking for them. In the first instance, we believe it is most important to focus on re-uniting separated children with their relatives. Some individuals may wish to assist by contributing to a reputable relief or humanitarian organization working in that country. More information can be found at the following Web sites:

• Department of State - http://www.state.gov or http://www.state.gov/p/wha/ci/ha/earthquake/index.htm
• United States Agency for International Development (USAID) - http://www.usaid.gov
• International Committee of the Red Cross (ICRC) - http://www.icrc.org
• Interaction - http://www.interaction.org

Q. I have heard the Government of Haiti has stopped allowing orphans to leave Haiti. What will happen to my child if I am still in the process of adoption?
A. The United States government is working closely with the Government of Haiti to establish an efficient and transparent procedure to allow eligible children to depart quickly while also ensuring the best possible protection of unaccompanied and separated children.
The government of Haiti has not stopped allowing orphans to leave Haiti. USCIS is continuing to process cases that meet the DHS Secretary’s criteria for category 1 and 2, however we are unable to issue travel letters for each child to depart until we receive approval from the Government of Haiti (GOH). Once approval is received, we are able to issue travel documents to authorized children.

Q. Once the children in an orphanage have been screened, and evaluated, should the orphanage director bring the children to the U.S. Embassy?
A. We recommend against attempting to enter the U.S. Embassy, particularly with a group of children, without first scheduling an appointment in advance. There is a possibility that you may be turned away and scheduled to come back another day.
USCIS is proactively scheduling appointments at the U.S. Embassy in Port-au-Prince to screen Haitian children who were adopted or were in the process of being adopted by U.S. citizens prior to the January 12 earthquake. Whenever possible, we will schedule all children from the same orphanage/facility, at the same time.
To obtain more information on the process, please review the How to Schedule an Appointment for an Orphan Screening at the U.S. Embassy in Port au Prince fact sheet at www.uscis.gov/haitianearthquake.

Q. What are the medical screening requirements for adopted children from Haiti? A. Before internationally adopted children come to the United States, they are usually required to go through a medical exam. However, due to the lack of available medical screening facilities and the burden of emergent medical needs in Haiti as a result of the January 12 earthquake, we anticipate that many children arriving as humanitarian parolees will not have completed their medical exams before they depart Haiti. Medical examinations are not required as a part of the humanitarian parole program.
As a result, it is important that all arriving adoptive children from Haiti undergo a medical screening process soon after arrival to screen for infectious diseases and other general health concerns. Additional guidance regarding medical exams for adopted children from Haiti is available from the Department of Heath and Human Services, Centers for Prevention and Disease Control Web site at www.cdc.gov/immigrantrefugeehealth/exams/parents-adopting-children-haiti-earthquake.html

Q. If my child is traveling from Haiti, are there any specific provisions I should know when he or she arrives in the United States?
A. Please note that a U.S. Customs and Border Protection (CBP) officer must inspect all individuals traveling to the United States when they arrive at a port of entry. For more information on the process for obtaining the legal authority to take into your home your child or the child you are in the process of adopting, please review the questions above or view the information for adoptive parents available on the U.S. Dept. of Health and Human Services (HHS) website at http://www.hhs.gov/haiti/adoptionrelease.html.

Q. I submitted the original adoption decree and other documents to the USCIS field office in Port-au-Prince. How do I get these documents back after my child arrives in the United States?
A. To request the return of original documents submitted to establish eligibility for an immigration benefit, please fill out Form G-884, “Return of Original Documents,” which is available to download from the forms section on USCIS’ Web, http://www.uscis.gov/forms.



Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

PEAR's Summary of the Teleconference of DHS, USCIS and HHS regarding Haitian Adoptions Status of February 3, 2010

The following is a summary of the teleconference of DHS, USCIS and HHS regarding Haitian Adoptions Status of February 3, 2010 from 3:00 pm to 4:45pm

Families and concerned individuals are advised not to send emails urging quick processing etc. It will clog the email box.

Statistics- 750 cases approved; 600 children already in US of approximately 1000 cases

US has a good understanding based on trust with the Haitian government regarding the orphan processing. They are accepting US determinations of humanitarian parole for the children. There was a brief hiatus in processing cases when Haiti temporarily called a halt due to trafficking concerns but they have resumed with the process of granting humanitarian parole to children who were previously determined to be legal orphans properly referred to parents who have been screened.

Parents may express their thanks to the Haitian government via the Haitian Embassy in Washington DC. They can send an email to the Ambassador’s office

The USCIS has posted additional information in the form of Q and As at their site http://adoption.state.gov/news/faq_adoption_haiti.html

The vetting of cases is being done on a case by case basis with triage of urgent need cases processed first. There is a preliminary review and then a second “quality assurance review”

Rejection of cases results in the case being considered by a review board. If the case is missing information parents will be notified and given the opportunity to submit it

All cases are ultimately approved or rejected only at the US Embassy level in Port au Prince.

Upon a preliminary decision of approval by DHS in Washington, Parents will be notified but the decision will be subject to verification of the identity of the child and approval by Embassy Officers.

Parents were repeatedly advised not to go to Haiti and not to have their child go to the Embassy without an appointment as this is making it more difficult to process the children in an organized and expeditious manner.

After preliminary approval and upon an appointment, the child must go to the Embassy to be seen personally and obtain a travel document ( not a passport) . The child should NOT proceed to the Embassy without an appointment notice unless they are in extremely urgent circumstances. Transport and processing are being arranged by both orphanage personnel and individual care takers or custodians in the case of individual adopters. If an individual adopter is not sure how to get the child to the Embassy or the caregiver is unable to communicate with the Embassy, please contact HaitianAdoptions@DHS.gov. It is important for all parents to include all available contact info for the child including phone numbers and location of the child. Children should NOT go with someone who states they will take them to the Embassy without prior notice.

Non-resident US citizens adopting must inform USCIS via HaitianAdoptions@dhs.gov

Heather Burke of HHS stated that children who arrive must have an immediate medical evaluation. They can print out for pediatricians what testing and examinations are advised from the CDC website concerning Haitian Adoptions.

For those children without health coverage, they can be examined by the local office of Refugee Resettlement for free.

It was emphasized that it is urgent that these children be seen by a doctor and tested as recommended immediately upon arrival.

All children are now being sent to Miami with no exceptions where HHS has set up a reception process that is running smoothly. All children are received at the airport and turned over to trained caregivers where they will be checked, fed, given clean clothes, etc. Children in category 1 can be released to parents as soon as their paperwork is checked but the majority in Cat 2 will need to have their parents processed for sponsorship via the Family reunification application and process. Parents will be able to visit and be with their children while this takes places. The site has facilities for this and parents are being assisted with information about area accommodations while their applications for sponsorship are pending. 65 were processed the day before yesterday without problem.

Parents CAN commence their process BEFORE the child’s arrival if they come to Miami before the child.

Parents who have children in the country now and those who will shortly are advised NOT to take steps to adopt/re-adopt or legally adjust their children’s status until they are given further guidance by USCIS which will be forthcoming perhaps by the end of the week. Steps must be taken in the correct order or it can present legal problems later in the process. The process will probably involve the filing of an I600 and 485 or I-130 and 485.

Air transportation of approved orphans is irregular and unpredictable. 14,000 US citizens and immediate relatives have been evacuated so far. No commercial flights to Haiti have resumed yet. Most planes have been humanitarian aid planes that have been able to return to Miami or stop over in Miami. Most days they have been able to schedule air transport. DHS and the Embassy are arranging this. Parents should not attempt to arrange it themselves. For individual cases not in orphanages, those children may be added to groups from orphanages with caregivers. Non US citizens and Haitian guardians may not exit as escorts with the children ( unless they have a valid US visa) Escorts will be arranged where necessary

Parents will be notified if possible when air transport has been arranged or upon arrival

Some highlights of Q and A-

Children will NOT receive a passport at the Embassy but rather a “travel document”

Fingerprints already on file with DHS can be “refreshed” by them. Parents should notify them if they have fingerprints already on file from a previous case as those may not be known to DHS unless informed. Send the info to HaitianAdoptions@dhs.gov

Escorts for flights are arranged in Haiti.

The absence of a recent homestudy will not necessarily result in a determination of non-suitability for sponsorship. Parents should be prepared to demonstrate current suitability with income tax, employment and other records

If a child is currently with a care giver who must leave Haiti, they should be transferred to a UNICEF facility or other caregiver. They cannot leave before their cases is properly approved. Be sure to contact DHS to inform them of this.

Do not go to the embassy even if you are a parent in Haiti. Wait for your appointments. Walk- ins are not always able to get into the Embassy and are presenting problems,.

If there has been no contact with Parents after they have submitted info to HaitianAdoptions@dhs.gov then send info to askci@state.gov

If a parent has not heard anything in a long time from DHS, they may send a status inquiry to haitianadoptions@dhs.gov

Contact DHS in the case of Humanitarian parole children who are considering leaving the country for any reason. They will need to request advance parole

There is an HHS fact sheet for parents at their website

For further info please see:

http://adoption.state.gov/news/Haiti.html

http://adoption.state.gov/news/parents_with_pending_haitian_adoption_cases.html

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/