The Importance of Reporting and Where to Report Negative Experiences

The Importance of Reporting and Where to Report Negative Experiences

PEAR has always been concerned about the well-being of children. We are also concerned about honesty and integrity in the adoption process. It has been our experience that there is a vast underreporting of unethical, dangerous, and/or illegal practices in the child welfare community, and as a result PEAR encourages everyone to report their experiences to appropriate enforcement and regulatory offices. Whether you have had a negative experience with an adoption service provider, been subject to unethical attorney conduct, witnessed child abuse, or know of fraud or other serious issues we urge you to alert authorities now.

We understand the degree of worry, fear, trauma, and even apathy that exists in the adoption and foster care communities. Many prospective and adoptive parents have filed complaints and no action was taken; others believe their complaint will not make a difference. PEAR cannot stress enough how crucial it is for everyone with any information whatsoever to file reports, make complaints, and be heard. If you do not report unethical, illegal, or harmful events, regulatory bodies will not know what is going on or will be able to deny what is going on, and nothing is likely to change. Your reports could help clean up the system and save lives.

Please bear in mind that if you do not report items of concern it is as if they never happened. Do not leave your experience in the dark. Be a part of the solution.

For Issues Regarding Adoption Agency Misconduct

Complaints can be filed with the agency's state licensing office found here:

http://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?typeID=12&rate_chno=AZ-0008E

If the agency is accredited with the Council on Accreditation you may access their complaint process here:

http://www.coanet.org/front3/page.cfm?sect=8


If the Complaint Concerns a Licensed Social Worker 



You can file a complaint with the state licensing authority for social workers as well as with the National Association of Social Workers. A listing of your state's licensing authority can usually be found with a simple Google search. Detailed guidance for filing complaints with NASW may be found here:

http://www.socialworkers.org/pubs/code/factSheet.asp



If the Complaint Concerns an Attorney



Complaints concerning attorneys should be filed with the state licensing authority where the attorney practices. 

If the attorney is a member of the American Academy of Adoption Attorneys, you may also file a complaint here:

http://www.adoptionattorneys.org/grievances.htm

For Issues Involving an Intercountry Adoption

For Non-Hague adoptions, please alert the Department of State's Office of Children's Issues at Askci@state.gov as well as the US Embassy abroad where the adoption was processed. A list of US Embassies can be found here:

www.usembassy.gov



For Hague Adoptions, there is an online complaint registry here: 
http://adoption.state.gov/hague_convention/agency_accreditation/complaints.php

(Note: If you are a citizen of another country. please contact your appropriate embassy.)

Fraud

If you suspect or know of fraud committed in the United States, please file a complaint with the appropriate Attorney General's office. A list of state AG's can found at:

www.naag.gov

PEAR has been alerted to an alleged SSI scam where adoptive parents or guardians of adoptees in long-term respite care may be falsely claiming SSI benefits for disabilities the children do not actually have. If you know or suspect a case of fraud, waste, or abuse, these can be reported here:

http://oig.ssa.gov/report-fraud-waste-or-abuse/fraud-waste-and-abuse
or call 1-800-269-0271

In cases of known or suspected Medicaid fraud call 1-800-447-8477 or visit their site at: http://oig.hhs.gov/index.asp

Child Abuse or Neglect

If you witness or suspect child abuse, please call your local child abuse hotline, your local police department, or the National Child Abuse Hotline at 1-800-4-A-CHILD (1-800-422-4453). Many states also have on-line child abuse/neglect reporting forms.

In addition, if you know of a child in state care who is being mistreated, Children's Rights can sometimes get involved: www.childrensrights.org.

*In many states anyone who witnesses or has knowledge of child abuse is considered a mandated reporter, but far too often individuals do not report. In some cases, there are penalties for not reporting known or suspected abuse. You do not have to prove abuse, but you do have a responsibility to make reports.

Helpful Tips

-Consider copying multiple offices on a complaint. This ensures that different offices know others are aware of the alleged problem or issue. They won't later be able to claim ignorance.

-In some cases anonymous complaints are accepted, but it will help investigations if offices have a contact to follow up with.

-Keep a copy of any written complaints and keep a log of telephone calls with dates, times, and names of people involved. Whenever possible make complaints and create any correspondence in writing.

-If you receive no response to your complaint and no action is taken, consider reaching out to media sources to further investigate and report on the issue. Sometimes the media is the best way to get action. You may want to re-send your complaint along with the name of the reporter you have contacted so they will take you more seriously.

For questions or assistance, contact us at reform@pear-reform.org.

---

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

Nepal & India -- Dal Bahadur Phadera & the suppressed UNICEF report

Dal Bahadur Phadera & the

suppressed UNICEF report

UNICEF Nepal's suppressed Humla report is now available on the web.

The reason UNICEF Nepal suppressed (i.e., never published) their 2005 report is unclear.

Nor is it clear why trafficked Nepali children were left at the Michael Job Centre,

Tamil Nadu,

for over six years.

UNICEF FWLD Displacement of Children From Humla 2005:

http://www.scribd.com/doc/66594955/UNICEF-FWLD-Displacement-of-Children-From-Humla-2005

Also available at Pound Pup Legacy:

http://poundpuplegacy.org/node/48632

And posted by one of the European anti-trafficking INGOs:

http://www.scribd.com/doc/72805496/UNICEF-FWLD-Displacement-of-Children-From-Humla-2005

Here is an extract (one case from the report):

Bikram Bhandari, Thehe VDC

"Bikram Bhandari informed the team that his son (Machche Bhandari now changed to Manish) was sent 6 years ago (Date: 1998) with Kali Bahadur Bhandari from Humla to Katmandu. Ram Bahadur and Gam Singh where 2 other children also sent with Machche Bandari -- they are also now missing however the team did not meet with their parents. Once in Katmandu. Chakra Bahadur Shahi (ex-parliamentarian member) arranged addmition of the children to Bal Mandir (a government organization)

From Katmandu, Machche was sent to a foreign country though Bal Mandir. This information was relayed to Bikram, 3 years ago (Date: 2001) by a member of Bal Mandir when Bikram came to Kathmandu looking for his son.

When Bikram came to know that his child was sent to another country he reqested to meet with his son but the staff of Bal Mandir said that Bikram had to pay 2 lack rupies [lakh rupees]

for this to be arranged.

Bikram explained to the team that the CDO and VDC had prepaired a recommendation letter stating that Machche Bhandari's (Bikrams son) parents where Dead. This was false information.

Bikram would like to meet with his son but is unable to -- he expressed anger about this situation.

Only Kali Bahadur had the information on Bikrams son, however Kali is now dead and Chakra dose not know the information so there is no way of finding out about the child."

For background, see:

On Children's Homes -- Lonely Planet:

http://www.lonelyplanet.com/thorntree/thread.jspa?threadID=2032255&start=0&limit=1000

Read the full thread -- a horrific, first-hand account of D.B. Phadera.

Here are two extracts (from a Western volunteer):

"The orphanage I Managed was registered, but not once did I ever see anyone check up on it. My orphanage being registered also did not make it a good place. My job was to run the home and do everything I could to protect the children from the owner and his goons. The owner was a known childtrafficker who was above the law. The NGO ISIS had conducted and investigation that traced over 530 girls that he had sold to brothels in India. They turned the investigation over to UNICEF who promptly leaked it giving him time to pay off the right people. He spent all of 2 nights in jail. I really prefer not to get into how horrible this man is to children, but he is just one of many respectable businessmen who have registered orphanages that are just ways for him to earn money through exploiting children. Like at many homes, the term "owner" only means that he had custody over the children, not that he paid for anything or did anything to care for the children. I actually had to stop a group of swiss tourists from handing over 2000 USD directly to one of his goons (who was himself a pedophile)."

and:

"DB Phadera...was the owner of my orphanage. He lived just across the path from me. Words cannot fully describe how horrible this man is. My job involved documenting the hell out of each of the kids in order to try to keep them safe from him- and it wasn't always enough. He is truly the most despicable person i have ever met. When an 8 year old girl disappeared from the home, he smiled at me as he told me she was only there on vacation. When he had disputes with the organizations that funded the home, he would cut off their ability to bring the children food. He literally would starve the children as a bargaining tool. When I first arrived at the home, he was allowing his goons free reign and many would come and demand to sleep in the beds with the kids at night. It took everything I had to put a stop to that practice. He forces children to beg, sells them into servitude, or worse, into brothels. For him it's all an equation of how he can make the most money. The lucky children are the ones he just abandons. Many good organizations in the valley have rescued kids from DB. All of the ones I listed in my previous post are among them. their efforts are noble and deserve support. But DB is a politically powerful man. As long as he remains free, he will continue to bring in more Humli children and subject them to cruelty, abuse, and in the best case scenario simple neglect.

Having to deal with him on a daily basis was one of the hardest things I've ever had to do. My kids needed me there as my foreignness did give them some level of protection and the alternative would have been a manager of his choice, but I couldn't rock the boat too much- he had threatened to kill a previous volunteer and she had to leave the country.

Corruption in Nepal creates this culture of impunity which allows traffickers to operate."

See also:

Lt. Col. Philip Holmes explains why his charity rescued Nepali girls from the Michael Job Centre (video) -- PEAR Nepal:

http://pearadoptinfo-nepal.blogspot.com/2011/11/lt-col-philip-holmes-explains-why-his.html

"After the girls' return to Nepal the trafficker who had been involved, DB Phadera, orchestrated a vicious media campaign against the charity."

The Indian preacher and the fake orphan scandal -- Daily Telegraph:

http://www.telegraph.co.uk/news/worldnews/asia/india/8856050/The-Indian-preacher-and-the-fake-orphan-scandal.html

On the Western supporters of the Michael Job Centre (Coimbatore, Tamil Nadu, India).

Long journey home -- The Nepali Times:

http://www.nepalitimes.com.np/issue/2011/09/30/ThisIsIt/18594

On The Esther Benjamins Trust's rescue of 23 Nepali girls (Tamil Nadu -- September 2011).

A trafficker remains scot-free -- The Kathmandu Post:

http://pearadoptinfo-nepal.blogspot.com/2011/07/trafficker-remains-scot-free-kathmandu.html

On trafficker D.B. Phadera & the Michael Job Centre.

Paper Orphans documentary posted on the web -- PEAR Nepal:

http://pearadoptinfo-nepal.blogspot.com/2011/10/paper-orphans-documentary-posted-on-web.html

The Terre des Hommes/Image Ark documentary on adoption trafficking in Humla (the NCO/Bal Mandir kidnappings). Some Humli children ended up in India -- others in the inter-country adoption trade.

How our media helps sell children (by asking the wrong questions) -- Ushaft's Blog:

http://ushaft.wordpress.com/2011/10/12/how-nepali-media-helps-sell-children/

Andrew Undershaft on the media allies of trafficker Dal Bahadur Phadera.

Adhocism and the culture of press-release journalism (part one) -- Ushaft's Blog:

http://ushaft.wordpress.com/2011/11/08/adhocism-and-the-culture-of-press-release-journalism-part-1/

Andrew Undershaft on Anuradha Koirala's curious support of the traffickers.

---

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

Media: Liberia concerned welfare fo adopted children

PEAR will be publishing stories this week which we believe highlight the need for better and more consistent pre adoption education, and counseling; consistent and meaningful homestudy reports; and, better access to post adoption services and oversight for internationally adopted children.

Fairview case draws scrutiny from Liberian ambassador ~ Liberian ambassador says abuse of adopted children has his country concerned

BY ANN KELLEY

FAIRVIEW — The Liberian ambassador to the United States says he’s monitoring the controversial child welfare case involving four Fairview children adopted from his country. Ambassador Milton Nathaniel Barnes said the girls’ attorney, Melvin Johnson, of Atlanta brought the case to his attention last month.

"We are watching this case and others that involve Liberian children with great concern,” Barnes said. "In many cases these children are adopted by well-meaning people, but things somehow go terribly wrong.”

The four sisters, ages 5 to 16, were removed last week from their parents’ custody. Ardee Tyler, 51, and his wife, Penny Tyler, 45, of Fairview were convicted in February of abusing a fifth adopted daughter. The couple received 10-year suspended sentences.

Separate from the criminal case is a controversial child welfare case that has dragged on for two years. The case now includes state prosecutors, and a new judge is reviewing a previous judge’s decision to close the case and allow the four girls to remain with their adopted parents.

This is thought to be the first time in state history that judicial review is being used in a child welfare case, authorities said.

Fixing a problem

The Liberian government in September placed a one-year moratorium on international adoptions to allow officials there time to make changes to the adoption system, Barnes said.

He said his home country, having been damaged by civil war, was like any country coming out of a chaotic disaster. Government officials didn’t have the resources to monitor adoptions closely.

"We started to see problems,” Barnes said.

A Liberian national in Philadelphia was caught adopting children and moved them to the United States for sex trafficking, he said. More recent is a California case in which a Liberian-born child is alleged to have been beaten to death by her adopted parents, he said.

Even worse, many African parents putting their children in orphanages didn’t understand the Western concept of adoption. Many of them thought they would have contact with their children, as if they were sending them to a relative’s home to be cared for, Barnes said.

Attorney seeks investigation

Attorney Melvin Johnson said he wants the Tylers and the people who helped them adopt investigated for potential fraud.

The children were adopted by the West African Children Support Network. The U.S. State Department in January reported the adoption agency, founded by Liberian-born Maria Luyken of Eden Prairie, Minn., was ordered by the Liberian government to suspend operations pending an investigation into whether it was properly caring for children.

A 2005 home study that helped Ardee and Penny Tyler adopt the five African sisters painted a picture of a strong, stable family excited about having more children.

What it didn’t uncover were allegations that a son had been abused, rifts with family members over their children and a possible misrepresentation of their financial ability to support the girls.

The Oklahoman obtained a copy of the home study, which was completed by Oklahoma Home Study of Edmond before the Tylers adopted the girls in 2005.

Calls to Chris Foell, executive director of Oklahoma Home Study, and Erlene Logan, the adoption worker who completed the study, were not returned.

Logan’s report says Ardee Tyler’s 28-year-old son, Jeremy Tyler, was interviewed and supportive of his parents adopting.

Jeremy Tyler said he was beaten and abused by Penny Tyler as a child and would have recommended against the adoption if asked. No one ever called him, he said.

The report claims Penny Tyler has a good relationship with her siblings, except her sister, Robyn Raveling. It never says why.

Raveling said she sent her children to live with the Tylers while she was going through a divorce. A month later, the Tylers refused to return the children, and a custody battle ensued, she said.

Raveling said she got her children back and hasn’t spoken with the Tylers since. The home study indicates the Tylers have an annual income of $83,000, a figure that contradicts a presentence investigation that reveals they bring home about $60,000 less.

In an April 10 interview with the Tylers, the couple denied claims that Jeremy Tyler was an abused child and defended the home study. Penny Tyler said it’s possible the agency has a letter from her stepson to prove they contacted him.

"We don’t have any way of knowing for sure if she interviewed all the people she said she did, but why would she lie?” Penny Tyler said.

"We never put ourselves out there to be the perfect family, but whose family is?”

Adoptive parents urged to be prepared

Along with a thorough home study, it’s important that any adult considering an international adoption be well educated about the problems that can transpire, said Dr. Dana Earnest Johnson, a member of the University of Minnesota’s adoption medicine program and clinic. One of Johnson’s areas of study is the effects of institutionalizatio n on the growth and development of internationally adopted children.

Johnson has addressed the U.S. Congress on international adoption issues. He also has firsthand knowledge — he and his wife adopted a son from India.

He said not all, but many children coming to the United States arrive with a complex set of problems that adoptive parents aren’t skilled to deal with. Some parents are so eager to adopt that they’re afraid to ask about the child’s history, Johnson said.

He said many children, especially those coming from countries with political unrest, are abused, neglected, starved or raped and have witnessed atrocities happening to other people.

As a result, the children might not grow physically as they should, and have delays in motor skill development and language skills, Johnson said.

In some instances, children so hurt in their former lives develop Reactive Attachment Disorder, making them unable to trust adults. Those children can work against the very adults who are trying to help them, Johnson said.

"The most important advice I can give any adoptive parent is be prepared,” Johnson said. "If you see problems, get help immediately.”

Read more: http://newsok. com/fairview- case-draws- scrutiny- from-liberian- ambassador/ article/3454788# ixzz0lY9eKTGA








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

Liberia, Moldova Halt International Adoptions

The countries of Liberia and Moldova announced bans on international adoptions this week pending invesitgations into allegations of fraud and child mistreatment.

The African News reported the following excerpt from the address of President Ellen Johnson Sirleaf to the National Legislature on Monday, January 26, 2009:

"The gross mismanagement of the adoption program (which aims primarily at placing orphans in homes in the United States), by both Liberian and U.S. personnel in the concerned NGO is the subject of a report by a Special Committee which I appointed for this purpose. Essentially, we have discovered that many of the children in these orphanages are not in fact orphans but children taken from their living parents on the promise of support and a good life in America. Moreover, we found that young children were being sexually abused at some of these orphanages, while others including officials of government, have used the program to extort money from potential adoptors. We have thus suspended the adoption program until laws, policies and proper guidelines have been established and we have asked our concerned friends and partners in the United States to be patient as we try to correct the serious malpractices which exist. We expect the National Social Welfare
Policy and National Adoption Act which will be submitted to you during the course of the year, will provide guidance and prevent such abuses in the future." http://www.africanews.com/site/list_messages/22858

Acccording to prospective adoptive parents in the process of adopting from Liberia, adoption agencies are informing clients that the suspension is immediate and the US Embassy has been requested to cease processing visa applications for adopted children. There has not been an official announcement by the US Embassy or the US Department of State on the Liberian situation. PEAR has requested clarification from both organizations on behalf of adopting families.

On January 28, 2009, Moldovan President Vladimir Voronin announced his plans to
temporarily ban the adoption of Moldovan children by foreign couples. The announcement was published today by RFE/RL's Moldovan Service. Purportedly, the ban follows the arrest of a Moldovan adoption official,Svetlana Chifa, who is accused of being involved in an illegal child adoption in 2006. http://www.rferl.org/content/%20Moldova_To_Temporarily_Ban_International_Adoptions/1376803.html

Again, there have been no official announcements from the US Department of State or the US Embassy in Moldova. PEAR is requesting clarification and confirmation from both organizations on behalf of adopting families.

Please check with the DOS website: www.adoptions.state.gov, the Embassies and PEAR for further developments.

UPDATE US State Department Issues Statement on Liberia
Government of Liberia Suspends Intercountry Adoptions

The Government of Liberia (GOL) suspended processing of adoptions on January 26, 2009, on the recommendation of the President's Special Committee on Adoption. According to the Liberian President's statement, processing of adoptions was suspended due to mismanagement. The GOL expects to resume adoptions this year after its adoption law, policy, and guidelines have been established.

American citizens are alerted that the Government of Liberia suspended adoption services provided by the agencies West African Children Support Network (WACSN) and Acres of Hope (AOH) on January 22. The Ministry of Health and Social Welfare announced that it is investigating WACSN and AOH to ensure that the children in their care are properly cared for and that adoptions are conducted in accordance with Liberian adoption law. American citizens who have pending adoption applications with either agency should contact the U.S. Embassy in Monrovia at monroviaadoptions@state.gov before traveling to Liberia.

Please continue to monitor adoption.state.gov for updated information.