COA's Latest Substantiated Complaint and Adverse Action Report

COA released an updated Substantiated Complaints and Adverse Action Report today, September 28, 2012. One agency, Vista Del Mar is listed as having an additional Substantiated Complaint since the publication of the last report in August 2012. No other new complaints appear in the report.

COA's Substantiated Complaint and Adverse Action Reports can be found on the COA website: http://coanet.org/programs/hague-accreditation-and-approval/monitoring-and-oversight/
Scroll down the page and click on the red highlighted link: "Substantiated Complaints and Adverse Actions"

PEAR's previous post, listing all agencies with Substantiated Complaints
http://pear-now.blogspot.com/2012/09/september-2012-update-to-coa.html

As we have previously stated, being that COA can take 12-23 months to investigate complaints and that the specifics of corrective actions and complaint facts are not published, we do not believe the information provided through COA is sufficient to provide protection to potential adoptive parents, families of origin, or children. We suggest that families looking to use the services of a Hague accredited agency thoroughly research every agency and use the COA reports only as a starting point.

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

Upcoming Adoption Forum in NYC: The Impact of Chinese and other International Adoption Practices in relation to Birth Families, Abandonment and Searches

Upcoming Adoption Forum in NYC: The Impact of Chinese and other International Adoption Practices in relation to Birth Families, Abandonment and Searches


The Board of Directors of FCC of Greater NY and the Asian/Pacific/ American Institute at New York University are honored to present An Adoption Forum featuring David Smolin, Brian Stuy and Longlan Stuy who will speak about their work and experiences concerning
The Impact of Chinese and other International Adoption Practices in relation to
Birth Families, Abandonment and Searches
Saturday, October 20, 12PM-6PM
19 University Place, (near E 8th St.), NYU, NY

REGISTER online at www.fccny.org
$15 per person for FCCNY members, $20 for non-members
FREE students (16yrs+) and NYU student registration. Students should rsvp to Kathy at fccnybrooklyn@ aol.com

Brian H. Stuy is the owner and founder of Research-China. org, an organization that obtains information about a China adoptee's history and birthplace. He has visited and researched orphanages throughout China, seeking answers for adoptive parents about their children's beginnings. Brian has been actively involved in FCC -Utah for a number of years, including as president of the chapter. He has had numerous articles regarding adoption research appear in Adoption Today Magazine and various FCC publications.
Brian speaks about the adoption program in China and discusses various issues that confront adoptive parents when contemplating or performing a search, and how individual orphanage programs can impact the success of a search.

Longlan Stuy is Research-China. Org's in-country researcher and translator. She has worked with Brian since the inception of Research-China. She owned "Longlan's Place" on Shamian Island from 1996 until her marriage to Brian in 2004. She shares her vast knowledge and love of her home country with the adoptive community, and is passionate about assisting the children who remain in China's orphanages. Brian and Longlan have three daughters from China: Meikina from DianBai, Meigon from Guangzhou, and Meilan from Luoyang.
Longlan speaks about her first hand experiences with the different orphanages in China in relation to various patterns and issues, finding and talking with birth families, and how and why birth families in China have come to relinquish their children.

Professor David Smolin, Harwell G. Davis Professor of Constitutional Law and Director, Center for Biotechnology, Law, and Ethics, at Cumberland Law School, Samford University, is a noted scholar on the effect of population policies on international adoption and related issues. He has made presentations to the Hague Special Commission on the Practical Operation of the Hague Adoption Treaty, to the Central Authorities over Adoption of the Canadian government, at the Sao Paulo, Brazil, State Supreme Court, at the Korean Women's Development Institute and the Second International Symposium on Korean Adoption Studies in Seoul, S. Korea, to the Joint Council on International Children's Services annual symposium, and to many academic adoption conferences. David and his wife Desiree have 2 daughters who were adopted from India.
David provides some information for better understanding China's adoption practices in the context of the broader world of intercountry adoption and what has happened in adoptions from other nations. He will discuss the issue of the increasing significance of adult adoptee participation in intercountry adoption discourse and how that might impact the Chinese adoption community in the future. He will also be looking at the aftermath of abusive adoption practices and at some of the difficulties that arise, for families, with those practices, including issues relevant to special needs and older child adoption. He will also discuss competing narratives regarding intercountry adoption from China, and how such narratives can impact adoption triad members.

Questions? Contact Linda Mancini, linda.mancini@ hotmail.com
............ ......
Schedule
12:00pm - Arrival/Registration
12:15pm - Opening Remarks
12:30pm - Brian Stuy speaks about the adoption program in China and discusses various issues that confront adoptive parents when contemplating or performing a search, or when presenting a child's pre-adoption history, and how individual orphanage programs can impact our child's understanding of their origins, and the the success of a search.
1:30pm - Longlon Stuy speaks about her first hand experiences with the different orphanages in China in relation to different patterns and issues, finding and talking with birth families, and how and why birth families in China have come to relinquish their children.
2:00pm - Audience Questions/discussion with Brian, Longlan, Adoption Psychologist
2:45pm - Break
3:00pm - David Smolin provides some information for better understanding China's adoption practices in the context of the broader world of intercountry adoption and what has happened in adoptions from other nations. He will discuss the issue of the increasing significance of adult adoptee participation in intercountry adoption discourse and how that might impact the Chinese adoption community in the future. He will also be looking at the aftermath of abusive adoption practices and at some of the difficulties that arise, for families, with those practices, including issues relevant to special needs and older child adoption.
4:00pm - Audience Questions/discussion with David Smolin, Adoption Psych
4:30pm - Wrap-up,concluding remarks with David, Brian and Longlan
5:00pm - Wine & Cheese reception 

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

Update to Haiti's New Adoption Procedures

On September 14, we published the US DOS Office of Children's Issues latest Adoption Notice concerning changes to Haiti's adoption laws and processes. That Notice can be found here: http://pear-now.blogspot.com/2012/09/dos-adoption-notice-haiti-announces-new.html

Today, we were informed that God's Littlest Angels, a children's home in Haiti that facilitates adoptions, has published the following IBESR timeline for adoption processing in Haiti. The timeline was published on GLA's blog in mid-August and gives more detailed information than that provided by DOS:

TIMEFRAME	DISPOSITIONS
From August 16 till September 30, 2012	Delivery or renewal of agreement to orphanages       (children’s homes) for the year 2011-2012
From August 16 till September 15, 2012	Reception and proceeding of files of petition to adopt prepared between May and July 2012
From 1st of September, 2012	Reception and proceeding of requirement to operate of the Licensed Adoption Agencies for fiscal years 2012-2014
From 1st of October, 2012	1. Beginning of the new adoption process 2. Application of new fees for the files treatment 3. Delivery or renewal of agreement to orphanages for fiscal years 2012-2014 4. Agreement to proceed to adoptions for orphanages for fiscal year 2012-2013

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*source:  IBESR has reopened, And Life Goes On Blog by GLA director, Dixie Bickel, 8/19/2012: http://godslittlestangelsinhaiti.org/andlifegoeson/2012/08/19/ibesr-has-reopened/

UPDATE 9/28/12: On Tuesday, September 25, IBESR held a meeting with children's home directors to explain and clarify the new procedures. All Blessings International posted a translation of some of the discussions on their blog: All Blessings International in Haiti, IBESR Meeting, 9/25/2012, http://kashaiti.blogspot.com/2012/09/ibesr-meeting.html. The post by ABI states that IBESR will accept new dossiers up until October 31, 2012 and that the new procedures will be enforced starting November 1, 2012.

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

DOS Adoption Notice: Haiti Announces New Adoption Procedures

Haiti

September 14, 2012 

Notice: Haiti Announces New Adoption Procedures

 

Haiti’s adoption authority, Institut du Bien-Être Sociale et de Recherches (IBESR), announced new administrative adoption procedures, which will take effect on October 1, 2012.  Although these new procedures are part of the Government of Haiti’s efforts to become a Hague Adoption Convention partner with the United States, at this time Haiti is not party to the Convention, and the U.S. government will continue to process adoptions under the non-Hague system until the Convention enters into force for Haiti.

The Department of State’s understanding of the new adoption procedures is as follows:  IBESR plans to regulate orphanages, crèches, and children’s homes in Haiti through an authorization process.  In addition, IBESR plans to implement an authorization process for certified adoption service providers (ASPs) or their agents to facilitate adoptions and to begin requiring families to use the services of an authorized ASP.  Children will be eligible for adoption only if they reside in an authorized facility. We continue to seek further clarification and will update this notice as information becomes available.

IBESR informed the U.S. government that beginning September 2012, they will accept applications from ASPs wishing to facilitate adoptions in Haiti under the new procedures.

New procedures may prohibit prospective adoptive parents from establishing contact with the child they are seeking to adopt before they are officially matched to that child by IBESR in coordination with the ASP and orphanage, crèche, or children’s home.  Some exceptions, such as intra-family adoptions may be allowed, even with prior contact.  IBESR may consider exceptions to this policy for new cases in which prospective adoptive parents have already had contact with the child on a case-by-case basis.

IBESR has informed the U.S. government that it will process adoption cases submitted prior to May 7, 2012 under pre-existing adoption procedures.  IBESR has also informed the U.S. government that they will review new cases submitted up to and including September 15, 2012 to determine if they can be processed under the old procedures.

If you have questions about the status of your adoption case, please work closely with your adoption agency or facilitator.  The U.S. Embassy in Port-au-Prince is continuing to seek clarification on the new procedures.  Please continue to refer to our website at www.adoption.state.gov for updates on adoptions in Haiti.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=haiti_3

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

ISS Report: INVESTIGATING THE GREY ZONES OF INTERCOUNTRY ADOPTION

The ISS (International Social Services) has released its report entitled: INVESTIGATING THE GREY ZONES OF INTERCOUNTRY ADOPTION. Anyone involved in or considering intercountry adoption should read this detailed report and its suggestions for improving  intercountry adoption practices.

PEAR Members and Newsletter Members can access the 142 page report on PEAR's Yahoo Groups.  The full  ISS Report is also available for download on the ISS USA webpage: http://iss-usa.org/pressdetails.asp?IdPress=59

Excerpt from the Foreword, written by David Smolin:

INVESTIGATING THE GREY ZONES OF INTERCOUNTRY ADOPTION illuminates thecontemporary paradoxes of intercountry adoption (ICA). While theoretically regulated by the 1993 Hague Convention on Intercountry Adoption (THC-93), in fact almost two-thirds of contemporary intercountry adoptions are not legally governed by the treaty. While purportedly addressed at least in broad terms by the fundamental 1989 Convention on the Rights of the Child (CRC), a large proportion of intercountry adoptions in fact arise in circumstances where there have been severe violations of the rights of both children and adults, due to poverty and/or discrimination based on disability, gender, race, or ethnic group. Thus, where children’s rights and human rights are respected and successfully implemented, there are very few children legitimately in need of adoption. Further, while adoption is theoretically a means to ameliorate rights deprivations and to implement the best interests of the child, as actually practiced it easily becomes driven by the desire of adults for children, and by financial incentives. Thus, there is a severe temptation to create systems which use ICA to address problems such as poverty and discrimination, when from a child rights and human rights perspective it should be mandatory instead to remedy the underlying rights and equality violations. At the same time, vulnerable children clearly cannot wait for poverty, discrimination and underlying structural problems to be alleviated in their societies before receiving appropriate interventions, providing some ambiguity in practical terms as to the proper implementation of the subsidiarity principle. These paradoxes indeed create “grey zones.”

The Report goes beyond addressing “grey zones” to describe the zones of clearly illicit and illegal activity: children kidnapped and sold for ICA; fraud and money being used as inducements to obtain relinquishments; false documentation being supplied to cover up these means of illicitly obtaining children.    Concern with such illegal conduct was a precipitating concern of the THC-93 as reflected by the text and work of preparation; that these abusive practices remain persistent and widespread is demonstrated by the fact that the HCCH Special Commission of 2010 devoted the first day to “the abduction, the sale of, or traffic in children” in the context of intercountry adoption. Unfortunately the most powerful actors in ICA, including governments, adoption agencies, and adoptive parents, have powerful incentives to deny or minimize the extent of these illicit practices. Thus, it is extremely welcome that such an internationally significant organization as ISS has in this Report provided such a detailed documentation and analysis of these illicit practices. Hopefully, all involved in ICA will carefully consider the facts, analysis, and recommendations contained in this report.

David M. SMOLIN
Professor of Law Cumberland Law School
Samford University 
Birmingham, Alabama USA

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

Philippines Program – New Requirements Reported by Australian Central Authority

According to an August 2012 statement by the Australian Central Authority, the Philippine Central Authority, ICAB, has announced the following changes in the adoption process effective August 1, 2012:

Philippines Program – New Requirements – August 2012

Key Points:
The Intercountry Adoption Board of the Philippines (ICAB) has introduced new requirements of interest to prospective adoptive parents (PAPs). The requirements are relevant to:

• PAPs who have an approved file in the Philippines, and
• intercountry relative adoptions

PAPs who have an approved file in the Philippines
Until now, if experiencing a change of circumstances, PAPs could request that their approved file be placed ‘on-hold’ indefinitely (subject to their State or Territory guidelines). Relevant circumstances include medical reasons, birth of a biological child, or financial issues.
Due to an increasing number of requests from PAPs to put their approved files ‘on-hold’, ICAB have advised all partner countries of the following:

• PAPs who request to put their approved file ‘on-hold’ due to a change in circumstances may now do so for a maximum of six months at a time.
• Before the six month period ends, the relevant State or Territory Central Authority must submit an update about the PAPs to ICAB.
• If an update is not provided within those six months, ICAB will remove the PAPs from the list of approved files.

PAPs should also be aware that ICAB’s ‘nurturance policy’ where they require a two year gap between placements of children, applies both adopted and biological children. In circumstances where PAPs have requested their file be placed on hold due to the birth of a biological child:

• An update about the PAPs from the relevant State or Territory Central Authority must be provided to ICAB within six months of the end of the nurturance period.
• If an update is not provided within those six months, ICAB will remove the PAPs from the list of approved files.

These changes apply to all PAPs from 1 August 2012, including those who already have an approved file in the Philippines.
If you have any queries about your file, you should contact your State or Territory Central Authority.
Intercountry relative adoptions
From 1 August 2012, ICAB requires that all intercountry relative adoption applications will now include a duly notarised undertaking stating that:

• all information provided to ICAB as part of the proposed adoption is complete and accurate, and
• there has been no immigration application previously filed or pending on behalf of the relevant child.

Both the PAPs and the child’s guardian are required to submit the undertaking. The PAPs’ undertaking must be submitted to ICAB by the PAPs’ State or Territory Central Authority. The child’s guardian is to submit their undertaking to ICAB directly. Each undertaking will then form part of the file to be considered by ICAB.
This new requirement applies to all intercountry relative adoption applications from 1 August 2012, including pending applications.
Please contact your State or Territory Central Authority if you have any questions about the new requirements.
A copy of the Australian Government’s Intercountry Relative and Known Child Adoptions Policy is available on the Attorney-General Department’s website.
http://www.ag.gov.au/Intercountryadoption/Whatsnew/Pages/default.aspx#New

It is noted that the US DOS, Office of Children's Issues has not updated their Philippine adoption information page since January 2011. The page still reflects a temporary moratorium on new applications despite the fact that ICAB lifted the moratorium in June 2012.

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

September 2012 Update to COA Substantiated Complaints and Adverse Action Report

In August of this year, PEAR published a list of agencies which had substantiated complaints under the COA's Hague Monitoring and Oversight provisions. The Council on Accreditation subsequently published a more recent collection of reports of Substantiated Complaints and Adverse Actions for Hague Accredited Agencies and Approved Persons. The Reports are available via the COA's website under the category Monitoring and Oversight. http://coanet.org/programs/hague-accreditation-and-approval/monitoring-and-oversight/

The following agencies are listed in the report as having one or more substantiated complaints. Please use the COA link to view the specifics of each report. Also, please note that COA does not publish the specifics of corrective actions, those are considered "confidential" and can only be disclosed by the agency itself. Agencies in red below are additions to the list previously published by PEAR (http://pear-now.blogspot.com/2012/08/coa-substantiated-complaints-and.html)

Adoption Advocates International
Adoption Ark (on previous list, new report contains additional Substantiated Complaint filed in 2011)
Adoption Associates
Bethany Christian Services
Building Arizona Families
Christian World Adoption
Heartsent
Huminskas Anioly
Joshua Tree
St Mary International
Small World Adoptions - Missouri
The Datz Foundation
Vista Del Mar
Wide Horizons for Children

Being that COA can take 12-23 months to investigate complaints* and that the specifics of corrective actions and complaint facts are not published, we do not believe the information provided through COA is sufficient to provide protection to potential adoptive parents, families of origin, or children. We suggest that families looking to use the services of a Hague accredited agency thoroughly research every agency and use the COA reports only as a starting point.

*As reported to PEAR by complaining parties.

Edited 09/10/2012 to correct time range and source of reporting information.

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

DOS Adoption Notice: Figi

September 4, 2012 

 

Notice: The Hague Adoption Convention Enters Into Force for Fiji

 

On August 1, 2012, the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption entered into force for Fiji.  The Department of State has not received information from the Government of Fiji on its plans for implementing the Convention.  The United States cannot process Convention intercountry adoptions until the Government of Fiji implements an effective Convention intercountry adoption process.

We caution adoption service providers and prospective adoptive parents that, to ensure that adoptions from Fiji will comply with the Convention, important steps must take place before intercountry adoptions between the United States and Fiji resume.  Adoption service providers should neither initiate nor claim to initiate adoption programs in Fiji until the Department of State notifies them that it has resumed adoptions in Fiji.

The Department of State will provide updated information on adoption.state.gov as it becomes available.  If you have any questions about this notice, please contact the Office of Children’s Issues at 1-888-407-4747 within the United States, or  202-501-4444 from outside the United States.  E-mail inquiries may be directed to AdoptionUSCA@state.gov. 

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=fiji_1

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

Media Report: Kyrgyzstan Anti-Corruption Agency Announces Findings on Foreign Adoption

The 24kg News Agency is reporting findings of the Anti-Corruption Service under the State Committee for National Security (GKNB)in Kygryzstan. These findings allege the following corrupt practices with respect to the payments of bribes to officials in the Ministry in association with intercountry adoption:

1. Payment by foreign adoption agency of $15,000 - $20,000 in bribes to secure accreditation.
2. Payment by foreign agency of up to $2000 for each referred child.
3. Payment by foreign agency of up to $1000 for each favorable approval of adoption to the court.

Kyrgyzstan’s intelligence agencies release corrupt scheme of foreign adoptions September 6, 2012 24.kg news agency , by Makhinur NIYAZOVA http://eng.24.kg/community/2012/09/06/25554.html

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

UPDATE: Additional Official Arrested In Kyrgyzstan Corruption Scandal: Gulnara Derbisheva

It has been reported that the arrest of Gulnara Derbisheva, former Deputy Minister of Social Development, took place on August 31, 2012. Ms. Derbisheva has been charged for allegedly accepting bribes in her  arranging the adoptions of Kyrgyzstani children.

Kyrgyz Adoptions Official Arrested For Bribery, Radio Free Europe September 3, 2012.http://www.rferl.org/content/kyrgyzstan-adoptions-official-bribery/24696219.html

Clause of international adoption in Kyrgyzstan favours traffic in children 24.kg News Agency– Nazgul Turdubekova http://eng.24.kg/community/2012/09/03/25489.html

US News media and the US government have yet to report or comment on the situation. While seven of the 65 pipeline cases were resolved prior to the recent scandal, we understand that the remaining cases have stalled*. We are also aware that additional families began the process of adopting Kyrgyzstani children this summer after hosting them in July via Nightlight Christian Adoptions**. As we reported earlier, this agency did not have accreditation to participate in adoption from the Kyrysztani government but claimed to be partnering with a US agency that held accreditation. Both US accredited agencies, Love Basket and Christian World Adoptions had their accreditation revoked in July. We believe that it is imperative that the US Department of State, Office of Children's Issues make a public statement confirming the situation in Kyrgyzstan before more families are lured into a program with a risk of corrupt practices and/or little chance of finalizing an adoption.

*And Then There Were Seven, Help Kyrgyz 65 Blog, July 24, 2012, http://www.helpkg65.com/
**Newport Coast family looks to adopt Kyrgyzstani orphan, Daily Pilot, by Britney Barnes August 31, 2012, http://articles.dailypilot.com/2012-08-31/news/tn-dpt-0901-lemonade-20120831_1_andrey-adoption-process-host-families

Edited 9/4/12 to correct error in spelling and add labels.

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