Four Employees of Adoption Services Provider Charged with Conspiracy to Defraud the United States in Connection with Ethiopia Operations

Four current and former employees of International Adoption Guides Inc. (IAG), an adoption services provider, have been indicted by a grand jury in South Carolina for allegedly conspiring to defraud the United States in connection with IAG’s adoption services in Ethiopia.   IAG is a South Carolina company that identified children in Ethiopia for adoption and arranged for their adoption by U.S.-based parents.

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney William N. Nettles of the District of South Carolina and Assistant Secretary Gregory B. Starr of the Department of State’s Bureau of Diplomatic Security made the announcement.

“The defendants are accused of obtaining adoption decrees and U.S. visas by submitting fraudulent adoption contracts signed by orphanages that never cared for or housed the children, thus undermining the very laws that are designed to protect the children and families involved,” said Acting Assistant Attorney General Raman.  “As today’s indictments show, the Justice Department, alongside its partners both here and abroad, will respond vigorously to these criminal schemes and will act to protect the many families and children who rely on the integrity of the adoption process.”

“The Bureau of Diplomatic Security uses its global presence to vigorously investigate any fraud related to the acquisition of U.S. visas,” said Assistant Secretary Starr.  “The Department of State’s Bureaus of Consular Affairs and Diplomatic Security are firmly committed to working with the U.S. Department of Justice to investigate and bring to justice people who victimize children and families by abusing inter-country adoption system and bribe officials to facilitate their actions.”

The international program director and coordinator for IAG, James Harding, 53, of Lawrenceville, Ga., was arrested today in Georgia.  Alisa Bivens, 42, of Gastonia, N.C., who oversaw the Ethiopian operations from the United States, is scheduled to make an appearance at a later date in U.S. District Court in Charleston, S.C.   The company’s executive director, Mary Mooney, 53, of Belmont, N.C., was apprehended in Belize by Belizean authorities and transported to the United States.  Haile Mekonnen, age unknown, an Ethiopian national who ran IAG’s operations on the ground in Ethiopia, was also charged in the indictment.

According to the indictment, the defendants allegedly engaged in a five-year conspiracy to violate laws relating to the adoption of Ethiopian children by U.S. parents.  The scheme involved, among other things, paying orphanages to “sign off” on contracts of adoption with the adopting parents as if the children had been raised by those orphanages — even though the children had never resided in those orphanages and had not been cared for or raised there.  These orphanages could not, therefore, properly offer these children up for adoption.  In some instances, the children resided with a parent or relative.

As part of the charged conspiracy, the defendants then allegedly submitted or caused to be submitted these fraudulent contracts of adoption to Ethiopian courts in order to secure adoption decrees, and submitted or caused to be submitted the fraudulent contracts of adoption and the fraudulently procured adoption decrees to the U.S. Embassy in Ethiopia in order to obtain U.S. visas for the children to travel to the United States to be with their new families.  The indictment also charges that the defendants’ scheme involved paying bribes to an Ethiopian government official and agreeing to create counterfeit U.S. Customs and Immigration Service forms that were to be submitted to the Ethiopian government.

The charge of conspiring to defraud the United States carries a maximum penalty of five years in prison and a fine of the greater of $250,000 or twice the value gained or lost.

The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

If you believe you have been a victim of this crime involving the named individuals or International Adoption Guides, please call 1-800-837-2655 and leave your contact information.   If you have questions or concerns about adoptions from Ethiopia in general, please contact the Office of Children’s Issues at the Department of State through the email address AskCI@state.gov .  If you have specific questions about an adoption from Ethiopia that IAG facilitated, you should contact the Office of Children’s Issues at the Department of State through the email address IAGadoptioncases@state.gov .

This ongoing investigation is being conducted by the Bureau of Diplomatic Security.   The prosecution is being conducted by Assistant United States Attorney Jamie Schoen of the District of South Carolina and Trial Attorney John W. Borchert of the Criminal Division’s Fraud Section.

http://www.justice.gov/opa/pr/2014/February/14-crm-149.html

---

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

Statement on the Documentary "Stuck"

The Board of Directors of PEAR would like to express some thoughts on the recently released documentary, Stuck, which purports to be an accurate depiction of the current problems with the international adoption process. The documentary shows compelling footage of adorable children in shabby orphanages around the world, and follows the plights of three families with their international adoptions.

Stuck is part of a larger publicity strategy by the Both Ends Burning campaign spearheaded by Craig Juntenen, which includes a national tour, petition drive, and a march in Washington, D.C., all ostensibly designed to increase the number of international adoptions.  Juntenen's strategy proposes to accomplish this by petitioning the US government “to remove barriers to international adoption.”

While specific barriers are not mentioned, it is clear from the discussions in Stuck that the requirements set forth in The Hague Convention on the Protection of Children and Cooperation in Respect of Inter-Country Adoption, specifically with regards to the Principle of Subsidiarity, are targeted.  The Principle of Subsidiarity states that it is in the best interest of children to be raised by family or kin. If immediate family/kin is unable, or unavailable, domestic placement with a foster or adoptive family in the child's own country and culture is the next best option. Finally, if neither of these alternatives is viable, then permanent placement with an appropriate family in another country through intercountry adoption is seen as an alternative.

PEAR’s members, comprised of all members of the adoption triad as well as those interested in adoption ethics, are of course deeply sympathetic to children in need. We believe that all children should grow up in loving families wherever possible.

However, PEAR strongly supports the safeguards provided by the Hague Convention rules and restrictions. We believe that Central Authority adherence to the Principle of Subsidiarity, for example, is in the best interest of children, birth families, and sending countries.  We are also very supportive of the Hague injunctions against infant trafficking, false promises, and other deceitful and coercive means used by many sending countries and their orphanages to unethically obtain children for the express purpose of international adoption.  Stuck turns the complex issue of international adoption into an extremely simplistic story that misleads and misinforms rather than offering meaningful solutions. 

For example, Stuck claims that shutting down adoptions is the same as telling children that their lives don’t matter.  Where adoption is the only choice for a child, it should be allowed and encouraged.  But Stuck completely ignores the fact that other choices may exist, such as placing a child with extended family, neighbors, or friends.  The Ethiopian birth mother profiled in the film said she relinquished her daughter because “I got nothing to feed her.”  Encouraging international adoption at the expense of family preservation efforts is the same as telling children and their biological families that their lives don’t matter.

Stuck also shows a researcher stating that if international adoptions decrease, the rates of institutionalization of children around the world could increase.  It is difficult to prove this assertion, and there is compelling evidence to show that the opposite is in fact true.  Experiences in Vietnam, Cambodia, and Guatemala have shown that the demand for adoptable children created by international adoption has actually caused more children to become separated from their families due to trafficking, false promises of educational opportunities, and outright confiscation, with many of those children ending up in orphanages. This anecdotal evidence is supported by studies showing that when international adoption closes in a country or region, the number of institutionalized children decreases, particularly in orphanages that had opened solely to provide children for these adoptions. Evidence for this was particularly strong in Cambodia, Vietnam, Guatemala, and China. In fact, in a video conference last November, Ambassador Susan Jacobs alluded to these studies. (http://adoption.state.gov/about_us/conversation_with_america.php) She said, “And we have to be very careful of that. And what we did find out is when we closed adoptions in a number of countries, the orphanages emptied out."

Stuck also claims that minor paperwork errors are a significant cause of international adoption delays.   An adoptive mother of a child from Vietnam profiled in the film describes a missing document that slowed down her child’s case.  But the movie avoids placing such issues into a larger context:  Adoptions from Vietnam were halted by the U.S. Department of State for multiple reasons. One was due to an overwhelming body of evidence showing that children were being trafficked; some were purchased from their birth mothers and re-sold to orphanages for lucrative adoptions.  Another was the use of corrupt facilitators, knowingly hired by U.S. agencies and sanctioned by Vietnamese officials, who oversaw the dispensation of licenses to these agencies.  Vietnam also failed to comply with their own laws and agreements to make the process more transparent and to explain where fees were going.

Similar findings about corrupt agencies, facilitators, lawyers, and government officials have been also found in Guatemala, Nepal, and Cambodia, which resulted in the closure of those programs.  Allegations and investigations about similar problems in other countries such as Ethiopia, China, and India have also occasioned extensive delays.

Paperwork necessities and delays, while annoying and often redundant, are not the real problem, as Stuck naively asserts. The real problem is lack of meaningful oversight of adoption programs around the world.  To sanction the removal of even the minimal safeguards that try to minimize or eradicate corruption in the costly international adoption process would likely cause more children to lose their original families, an increase in trafficking and other forms of corruption, and result in more children being “stuck” in government care when the programs inevitably collapse under fraud allegations and investigations.  

As a last point, Stuck also willfully neglects the voices of those with the most at stake: international adoptees themselves, especially those older than the children shown in the film. Its adoptive-parent-centric stance limits not only its scope, but its credibility about the repercussion of the process on powerless and vulnerable adoptees.

PEAR recommends the following thoughtful perspectives on Stuck:

• From an adoptive mother of a child from Ethiopia:   http://www.gracelings.org/2013/02/stuck-documentary-5-reasons-its-not-for.html
• From an adoptive mother of children from China and Ethiopia:  http://pullthisblogover.blogspot.com/2013/02/stuck-documentary.html
• From a Korean adoptee:   http://landofgazillionadoptees.com/2013/05/01/snake-oil-the-lga-review-of-the-film-stuck/

---

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

DOS Adoption Notice: Health Concerns in Ethiopia

Ethiopia April 2, 2013

Notice: Health Concerns in Ethiopia

On March 14, 2013, U.S. Embassy Addis Ababa released an important message for U.S. citizens via email to U.S. adoption service providers and a notice on the U.S. Embassy Addis Ababa website about a recent increase in suspected meningitis cases in Ethiopia.  The suspected cases are primarily in the Southern Nations, Nationalities and People’s Region (SNNPR), but the area of concern extends north to include tourist areas around Hawassa and Lake Langano.  The Department of State shares the full text below in order to ensure wide distribution among the adoption community.  As always, we recommend that adoptive parents and other U.S. travelers check Travel.State.gov prior to traveling to Ethiopia or any other country for the latest travel information from the Department of State.

Many adopted children come from SNNPR, and adoptive parents are encouraged to work with their adoption service providers (ASPs) to ensure that children who come from affected areas are properly evaluated by a medical professional, and that treatment or vaccination be given if required.  Given that children from all over Ethiopia live together in care centers in Addis Ababa, all adoptive parents should be aware that the risk of contracting meningitis is not necessarily limited to children who come from the affected region.  The Embassy’s Consular Section can provide a list of pediatricians working in Addis Ababa, but most ASPs have an existing network of health care providers, and general inquiries about your child’s health situation are best directed to your ASP.

On a related note, many adopted children face significant health challenges in Ethiopia that require continuing treatment after immigration to the United States.  While the Embassy’s panel physician evaluates children for their fitness to travel and the likelihood of them transmitting a communicable disease, such as tuberculosis, it is primarily the responsibility of the ASP and the orphanage to ensure proper medical treatment from the time a child enters institutional care until the day he/she travels to the United States.  Adoptive parents should expect that a child’s medical file will travel with him/her from a rural clinic in the village where they were born, to the pediatrician’s office in Addis Ababa, and then to be made available for use by the child’s new physician in the United States.  If such information is not made available as a matter of course, adoptive parents are encouraged to request it from their ASPs.

Embassy Addis Ababa Notice:

Meningitis

According to the World Health Organization, Ethiopia is currently at the peak of the meningitis transmission season, which extends through March and April up to the beginning of May.  Suspected cases of meningitis were reported in Southern Nation, Nationalities, and Peoples’ Region (SNNPR) and Oromia Region.  So far this year cases were recorded in close to 60 woredas (local municipalities) across 14 zones of SNNPR and Oromia, with upsurges of cases in 16 woredas of SNNPR and Oromia.  Woredas reporting increased cases of meningitis include Arbaminch Zuria, Halaba, Hawassa town, Dale, Shebedino, Gorche, and Wonsho in SNNPR, and Arsi Negele, Shalla, Shashemene Town, Shashemene Rural, Dodolla, Siraro, Wondo, and Gedeb Assassa in Oromia Region.

In light of these findings, the U.S. Embassy in Addis Ababa recommends that U.S. citizens residing and traveling in Ethiopia avoid travel to these areas unless they have been vaccinated against meningitis within the past three years.  If you were vaccinated recently, do not travel to these affected areas for at least 14 days after receiving the vaccination.  (Meningitis vaccinations do not take effect for 14 days.)

You can find detailed information on vaccinations and other health precautions on the CDC website.  For information about outbreaks of infectious diseases abroad, consult the World Health Organization (WHO) website.  The WHO website also contains additional health information for travelers, including detailed country-specific health information.

If you are going to live in or travel to Ethiopia, please take the time to tell us about your trip by enrolling in the Smart Traveler Enrollment Program (STEP).  If you enroll, we can keep you up to date with important safety and security announcements.  It will also help your friends and family get in touch with you in an emergency.  You should remember to keep all of your information in STEP up to date. It is important during enrollment or updating of information to include your current phone number and current email address where you can be reached in case of an emergency.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_20

---

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

DOS Adoption Notice: Notes from Ambassador Jacobs' Meeting with Adoption Service Providers on December 11, 2012 in Addis Ababa

Ethiopia January 25, 2013

Notice: Notes from Ambassador Jacobs' Meeting with Adoption Service Providers on December 11, 2012 in Addis Ababa

During a visit to Addis Ababa from December 8-11, 2012, Ambassador Susan Jacobs, Special Advisor for Children’s Issues, met with the staff of U.S.-based Adoption Service Providers (ASPs).  The Office of Children's Issues posts this notice to provide interested parties with information discussed at the meeting on December 11, 2012.  Meetings between Embassy Addis’ Adoptions Unit and ASPs take place several times a year and are announced to in-country representatives in advance.  This notice recaps the issues discussed.

Administrative Discussion with Embassy Addis Ababa Adoptions Unit

I-600A Validity
An adoptive family’s I-600A petition must be valid at the time that the I-600 petition and case file are submitted to the U.S. Embassy for review.  Currently, many adoption service providers email the embassy at ConsAdoptionAddis@state.gov following initial I-600A approval by the National Benefits Center in order to confirm the case number and the expiration date of the fingerprint approval and I-600A approval.  Embassy Addis’ Adoptions Unit requests that, at the time the adoption service provider (ASP) submits the original I-600 and other supporting documents, that it also provide a printed copy of the confirmation email mentioned above.  Taking this additional step will ensure that the I-600A is valid at the time of I-600 submission, and help us avoid instances where a family might learn their fingerprint clearances are expiring very late in the Embassy review process.
The screening checklist linked on Embassy Addis’ website here has been updated to reflect this new change.

Expedited processing
The Adoptions Unit will consider on a case-by-case basis expeditious processing for children with serious medical conditions that require urgent treatment that is unavailable in Ethiopia.  Cases involving children who have serious but stable medical conditions or who are already undergoing treatment in Ethiopia generally do not qualify for expeditious processing.  More typical medical conditions like asthma or stable HIV/AIDS, which are common reasons for requesting expedited processing, would not usually qualify.


Expedited cases are not exempt from the required review of orphan status through the Form I-604, Determination on Child for Adoption.  We encourage all agencies to inform us as early as possible about cases involving children with serious medical conditions requiring urgent treatment that is unavailable in Ethiopia, even at the time of referral.  The more information about the child’s medical condition we have in advance, the faster we’ll be able to move the case through the system.
For cases that we do expedite, it is essential that the ASP stay in close contact with the panel physician in order to keep the adoptive families informed of how long it will take for a child to be medically cleared for travel.  The Adoptions Unit encourages parents to direct questions about the timing of the medical clearance to their ASPs, so it is important that ASP staff be aware of the status of their respective children’s panel physician clearances at all times.  Doing so will ensure that a child who is cleared for a visa does not get held up because of unexpected delays with the medical clearance.

For some children with confirmed TB or other medical conditions that require lengthy testing prior to issuance of the panel physician report, the Adoptions Unit can work with the ASP to have the child examined prior to issuance of the Ethiopian passport.

Cases from the Southern Nations, Nationalities, and People’s Region (SNNPR)
The Adoptions Unit requests that ASPs provide detailed information on the status of any cases which have been delayed for a significant period of time (i.e. 8+ months) because of the new review process instituted by the SNNPR Bureau of Women’s, Children’s, and Youth Affairs (BOWCYA) office.  Embassy Addis Ababa supports the efforts of SNNPR BOWCYA to accurately document all orphaned children within the region, and to follow the Alternative Care Guidelines outlined in an Ethiopian Ministry of Women’s, Children’s, and Youth Affairs 2009 directive on the subject.  However, the Adoptions Unit recognizes that families adopting from Ethiopia’s southern region have undergone an extremely lengthy and sometimes difficult process, and so we will expedite processing of those cases to the extent possible.  As with cases that are expedited for medical reasons, cases from SNNPR are not exempt from the required review of orphan status through the Form I-604, Determination on Child for Adoption.

Addis Ababa Death Certificates
For children who come from Addis Ababa and whose parents are deceased, we still require a death certificate from the Addis Ababa municipal government if the children’s parents died in the city.  In general, a statement from a church or an Islamic court will not be sufficient, especially for cases from Addis Ababa where death certificates are fairly easy to obtain.  More information about which local documents are acceptable is available on the embassy’s website.

Key Points from Remarks by Ambassador Susan Jacobs,
Special Advisor for Children’s Issues

Standards of Practice
Adoption Service Providers continue to improve their standards of practice, and Embassy Addis’ Adoptions Unit reports that the documentation submitted with adopted children’s case files as part of the I-600 petition has significantly improved over the last year.  However, it is important for ASPs to look beyond documentation and ask what they can do to ensure ethical and transparent adoptions that are in the best interest of the child.  Ethical and transparent adoptions lead to clearer and more easily adjudicated petitions, and are in everyone’s best interests. 

Also with respect to documentation, we encourage ASPs to work with orphanages to ensure proper documentation of a child’s entrance into care, including gathering information about the child’s parentage, age, circumstances of abandonment, efforts made to locate parents or ensure that parental or guardianship rights were appropriately relinquished, and even a photograph of the child at the time of placement with the orphanage, if available.   Ensuring that this information is gathered at the time of entrance into care enables your agency to ensure the children who are placed for intercountry adoption are truly available for adoption, and that there are no opportunities for misfeasance in the referral process.  We recognize that many ASPs work with children who were placed in orphanages long ago, which makes it even more important to work with those orphanages to improve standards of practice to ensure that children are properly documented at the time they are placed for intercountry adoption. 

Similarly, while it is important to be able to acquire the necessary documentation in any given adoption, it is more important to know how the orphanage comes by this information and how it operates on a daily basis.  If an ASP contributes funds to an orphanage or relies on an affiliate to operate an orphanage on its behalf, the ASP needs to know where that money goes and ensure that it benefits the children.   Moreover, ASPs need to ensure that the documentation about a child presented by an orphanage is a reflection of the true circumstances and not simply a document created to satisfy a request.

Finally, on the issue of raising the standards of practice, the Department of State is supportive of the new Intercountry Adoption Universal Accreditation Act of 2012, a measure that will require all U.S.-based ASPs to be Hague accredited, even when operating in countries like Ethiopia that have not acceded to the Hague Convention.  The act will take effect July 14, 2014

Education of Parents
Ethical and transparent adoptions can only occur when birth families are making fully informed decisions without influence from outside parties.  One of the ways ASPs can support ethical and transparent adoptions is to ensure that relinquishing parents and relatives understand the true meaning of intercountry adoption and the consequences of the decision to relinquish a child. 

It is also important to ensure that adoptive parents are educated and informed about the children they are adopting.  If an ASP or the orphanage has information about a child’s medical condition or a behavioral issue, it is essential that the adoptive family be provided with that information.  Bringing an adopted child into a new family and culture, often while learning a new language, is extremely difficult.  Just as educating relinquishing parents is essential for the best interests of the child, keeping adoptive parents informed must be a top priority for every ASP.  We need to give every adoptive family the tools and information needed to succeed.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_19

---

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

DOS Adoption Notice: Re-instatement of Services to U.S. Adoption Service Provider

Ethiopia  

December 31, 2012

Notice: Re-instatement of Services to U.S. Adoption Service Provider

On November 9, the Department of State posted a notice regarding the Ethiopian Ministry of Women, Children, and Youth Affairs’ temporary suspension of services to Adoption Advocates International effective September 12, 2012. 

On December 27, the Ministry informed the U.S. Embassy in Addis Ababa that as of November 30, 2012, it lifted the temporary suspension on services provided to Adoption Advocates International.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_18

---

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

DOS Adoption Notice: Re-instatement of Services to U.S. Adoption Service Provider

Ethiopia  

December 11, 2012

Notice: Re-instatement of Services to U.S. Adoption Service Provider

On November 9, the Department of State posted a notice regarding the Ethiopian Ministry of Women, Children, and Youth Affairs’ temporary suspension of services to International Adoption Guides effective September 12, 2012. 
On December 4, the Ministry informed the U.S. Embassy in Addis Ababa that as of November 30, 2012, it lifted the temporary suspension on services provided to International Adoption Guides.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_16

---

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

DOS Adoption Notice: Status of EthioStork International Social Service Consultants

Ethiopia  

December 11, 2012

Notice: Status of EthioStork International Social Service Consultants

The Ethiopian Ministry of Women, Children, and Youth Affairs requested the Department of State provide clarification to U.S. families on the licensing of the organization, EthioStork International Social Service Consultants.  The Ministry informed the U.S. Embassy in Addis Ababa that the organization EthioStork is not licensed to facilitate intercountry adoption by the Federal Democratic Republic of Ethiopia Charities and Societies Agency.  The organization is licensed to provide consultancy services by the Ministry of Labor and Social Affairs and social affairs counseling services by the Addis Ababa City Administration Trade and Industrial Development Bureau.
For additional information on agencies licensed in Ethiopia to provide services related to intercountry adoption, please refer to the List of Adoption Agencies Registered in Ethiopia on the website of Embassy of Ethiopia in Washington, D.C.

http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_17

---

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

Ambassador Jacobs, Special Advisor for Children's Issues Travels to Ethiopia

Special Advisor for Children's Issues Travels to Ethiopia

Media Note

Office of the Spokesperson

Washington, DC

December 6, 2012

---

Special Advisor for Children’s Issues Ambassador Susan Jacobs will visit Ethiopia from December 7-13. She will meet with Ethiopian Government officials to discuss intercountry adoptions and the implementation of the Pre-Adoption Immigration Review (PAIR) program. Jacobs will also meet with non-governmental organizations to discuss the importance of standards of practice to protect children and families.
For more information about children’s issues, please visit: ChildrensIssues.state.gov
For updates on Special Advisor Jacobs’ trip, follow her on Twitter: @ChildrensIssues
For press inquiries please contact CAPRESSREQUESTS@state.gov or (202) 647-1488.

---

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

Adverse Action: Children of Africa Enterprises/Hope Adoption Agency loses Hague Accreditation

DOS Notice: Children of Africa Enterprises/Hope Adoption Agency loses Hague Accreditation

November 20, 2012

On November 8, 2012 the Council on Accreditation (COA) canceled the Hague accreditation of Children of Africa Enterprises/Hope Adoption Agency (“Hope”) for failing to maintain substantial compliance with the U.S. accreditation standards at 22 Code of Federal Regulations Part 96 Subpart F.  Prior to this date, Hope was a Hague accredited adoption service provider authorized to operate in both Hague and non-Hague countries.

As a result of this cancellation, Hope must cease to provide all adoption services in connection with cases covered under the Hague Adoption Convention.  This adoption service provider currently operates in Ethiopia.  Please note that according to U.S. regulations, this cancellation will not affect Hope’s ability to work in non-Hague countries.  Persons with an open case with Hope may contact the adoption service provider directly to find out whether and how the cancellation may affect your adoption services.

The cancellation of accreditation for Hope was effective on November 8, 2012. Updated information will be provided on the adoption.state.gov website.

http://adoption.state.gov/about_us/children_of_africa_loses_accreditation.php

---

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

DOS Adoption Notice: Ethiopia - Suspension of Services to U.S. Adoption Service Providers

Ethiopia

November 9, 2012

Notice: Suspension of Services to U.S. Adoption Service Providers

The Ministry of Women, Children, and Youth Affairs informed the U.S. Embassy in Addis Ababa that as of September 12, 2012, the Ministry temporarily suspended services to International Adoption Guides and Adoption Advocates International.  This suspension follows reports of abuse to Ethiopian adoptees placed with U.S. families by these agencies.  This suspension of services applies to new cases only.  While court hearings may be assigned, the suspension of services may prevent a final decision from the Federal First Instance Court, or a final decree from the Ministry, from being issued.  The Ministry indicated that this action is temporary, and that a final determination will only be made once the Ministry has sufficient opportunity to investigate the abuse cases and to review the actions taken by the agencies to address the situation.
The Department of State will post further information regarding this matter as it becomes available on adoption.state.gov.
http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_15

---

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

Australian Central Authority Closes Ethiopian Program

Today, June 28, 2012, the Australian government  announced that its Ethiopian Adoption Program has been closed. Below is the notice published on the Attorney General's website:

Closure of Ethiopia Program - June 2012

Current as at – 28 June 2012
Key points:

• Australia has closed its intercountry adoption program with Ethiopia, following several years of issues with the Program, a suspension of all adoptions between 2009 and early 2010, as well as long waits and uncertainty for Australian prospective adoptive parents.
• The Australian Government has taken this difficult decision, in consultation with State and Territory Central Authorities.
• The best interests and rights of children are the most important consideration for intercountry adoption programs.
• The adoption environment in Ethiopia has become increasingly unpredictable, complex and uncertain, leaving many prospective Australian parents in limbo for years.
• The Government has concluded that this uncertainty, combined with obstacles to operating the Program in a sustainable and ethical way into the future, means the Program needs to be closed.
• The Australian Government has decided to close the Program at this time because it will not impact on any individual Ethiopian children as there are none currently referred to the Program.
• The Australian Government will continue to support Ethiopia in ensuring that the rights of Ethiopian children are protected.
• The Australian Government will also continue to support children adopted from Ethiopia and their families in maintaining their cultural links with Ethiopia.
• Prospective adoptive parents who have paid fees to the Program will have their fees refunded in full. State and Territory Central Authorities will provide advice in relation to whether fees paid to them can be refunded.

Program update
The Ethiopia Program has consistently been Australia’s most complex and challenging program. Information gathered during the April/May 2012 delegation visit confirmed the significant challenges facing the Program. 

Growing use of alternative forms of care for children in Ethiopia
Ethiopian children in need increasingly have alternative long-term care options made available to them in Ethiopia.
The Australian Government supports the Ethiopian Government’s efforts to pursue the best interests of their children by facilitating domestic adoptions, long-term foster care arrangements and assisting families in crisis.
Unfortunately for prospective adoptive parents outside Ethiopia, this means that it is likely that there will be fewer children referred for intercountry adoption. This makes the adoption environment challenging and unpredictable, resulting in lengthening waiting times and uncertainty in the adoption process.

Changes regarding children in need of adoption and increasing costs
Growing numbers of non-government adoption agencies operating in Ethiopia, and the closure of orphanages due to greater government scrutiny, has led to increased competition for referrals of Ethiopian children to intercountry adoption programs.
This environment makes it difficult for Australia’s Program to continue to operate in a sustainable and ethical manner.
Despite the best endeavours of the Program to manage its community development projects so that they meet both Ethiopian Government requirements and Australian Government standards, the changing environment will make this increasingly problematic in the future, placing additional strain on Program and Government resources.
The Australian Government is confident that, to date, the Program has operated in an ethical manner and it has no concerns in relation to children referred to the Program and adopted by Australian adoptive parents.
Rising costs for adoption program essentials (such as food and accommodation) mean that, if the program was to continue, prospective parents would also face increasing costs. 

Arrangements with Service Provider
The Program and its service provider, Wide Horizons for Children, have come to the view that the changing conditions in Ethiopia mean that the volume of intercountry adoptions initially anticipated at the commencement of the arrangement is unlikely to be achieved.
Wide Horizons for Children has also advised that, in light of these changing circumstances, it has decided to partially reallocate its resources and shift more focus from adoptions to its humanitarian activities in Ethiopia.
As a result, the Program and Wide Horizons for Children have agreed to end their arrangement. Given the other issues confronting the Program, Australia will not replace the role of Wide Horizons for Children within the Program.

Further information
For further information, please contact your State and Territory Central Authority.

http://www.ag.gov.au/Intercountryadoption/Whatsnew/Pages/default.aspx#CloseEthiopia

---

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

DOS Adoption Notice Ethiopia: Summary of Adoption Service Provider Meeting with the U.S. Embassy

Ethiopia

May 10, 2012
Notice: Summary of Adoption Service Provider Meeting with the U.S. Embassy

In response to several requests for written summaries of the adoption service provider meetings held by the U.S. Embassy in Addis Ababa, the Office of Children's Issues posts this notice to provide interested parties with information discussed at the most recent meeting on April 18, 2012. These meetings take place several times a year and are announced to in-country representatives in advance. This notice recaps the issues discussed; however, the Office of Children's Issues has inserted, in italicized text, links to further information on worldwide policies pertaining to issues discussed during the meeting.

Fee change from $404 to $230
U.S. non-immigrant and immigrant visa application fees have changed as of April 13, 2012.  The fee for Immediate Relative and family preference applications (processed on the basis of an approved I-130, I-600 or I-800 petition) decreased from $404 to $230.  All visa applicants must pay the fees in effect on the day of the payment, not on the day of the visa interview.  Therefore, anyone who has already paid the combined $404 fee will not receive a refund even if the fee decreased by the time of their visa interview.
For further information, please refer to the press release issued by the Department of State, Office of the Spokesperson, on March 29, 2012, regarding visa processing fees.  The change reduced the immigrant visa application fee from $330 to $230 and eliminated the $74 immigrant visa application surcharge.
Escort cases
If at least one of the adoptive parents met the child in Ethiopia before the court hearing, the family may choose to have someone else escort the child to the United States.  The escort will still be required to present a Power of Attorney allowing him/her to act on behalf of the adoptive parent(s), represent them at the visa interview, and escort the child through U.S. Customs and Border Protection at the U.S. Port of Entry.
Ethiopian entry visas
We have heard that the Government of Ethiopia is considering discontinuing “visas on arrival” at Bole International Airport, but no policy change has been announced.  We recommend all U.S. citizens obtain an entry visa from an Ethiopian embassy or consulate in advance of travel.
The U.S. Department of State will post public notices on adoption.state.gov and travel.state.gov upon receiving official notification of any change in entry requirements for U.S. citizens.  For current travel information, please review the Ethiopia Country Specific Information on the Department of State website.
Screening backlog
We are pleased to announce that we have cleared our screening backlog and the current time for screening new cases is two business days.  We have also increased the number of available birth relative interview slots, and the current wait time for a birth relative interview is one week.
Expedited processing
We will consider on a case-by-case basis expeditious processing for children with serious medical conditions that require urgent treatment that is unavailable in Ethiopia.  Cases involving children who have serious but stable medical conditions or who are already undergoing treatment in Ethiopia generally do not qualify for expeditious processing.  Medical conditions like asthma or HIV/AIDS, which are common reasons for requesting expedited processing, would not typically qualify for expeditious processing.
Expedited cases are not exempt from the required review of orphan status through the Form I-604, Determination on Child for Adoption.  We encourage all agencies to inform us as early as possible about cases involving children with serious medical conditions requiring urgent treatment that is unavailable in Ethiopia, even at the time of referral.  
Processing of the Not Clearly Approvable (NCA) cases
U.S. Embassy Addis Ababa has a limited, delegated authority from U.S. Citizenship and Immigration Services (USCIS) to adjudicate Form I-600 petitions filed in Ethiopia, which includes a determination that the child meets the definition of an orphan under U.S. law.  If the Consular Officer determines a case is not clearly approvable, Department of State is required by regulation to forward the case to USCIS.  In recent months we have noticed that the processing time of the cases sent to Nairobi averages three weeks or less.
Please note this is an average processing time.  Processing times are dependent on the specifics of a case and therefore highly variable.
Please note that the adoptive parent’s Form I-600A must be valid at the time the petition is filed.  Additionally, the fingerprint clearances for the adoptive parents and all adult household members must be valid at the time the petition is approved, not at the time of the visa interview.  For petitions approved by USCIS Nairobi or within the United States, we can still process the child’s visa application even if the fingerprint clearances and/or Form I-600A have expired.
Police and birth relative interviews as part of the Form I-604 investigation
Our office conducts birth relative interviews for most relinquishment cases, and conducts interviews with local officials and police for most abandonment cases.  The purpose of these interviews is to confirm the child’s orphan status and, in relinquishment cases, to ensure that the relinquishing parent or family member fully understands the relinquishment process.  During these interviews, we continue to encounter birth relatives who have been told that a child will return to Ethiopia at the age of 18.  When informed that intercountry adoption is a permanent severing of a familial relationship and that there should be no expectation of the child’s return, birth relatives often become very emotional.  We conduct birth relative interviews in our privacy booth for the relative’s privacy and comfort.  In order to prevent significant delays in processing, we encourage all Adoption Service Providers to notify us in advance if a birth relative will be late or unable to appear on the appointment date.
Pre-Adoption Immigration Review
The U.S. Embassy continues to work with the Government of Ethiopia to implement a “pre-screening process” wherein consular officers and USCIS will review adoption petitions prior to the Ethiopian court hearing.  We hope to have more information for agencies in the near future.
General Discussion - Trends in the Ethiopian adoption.

1. A rise in the number of abandonments vs. relinquishments.
2. Groups of children being relinquished from the same community at the same time.
3. Adoption contracts being signed before the child is relinquished.

 http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_14

---

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

USCIS will hold a follow up to their October 28 Teleconference on Ethiopian Adoption

USCIS will hold a follow up to their October 28 Teleconference on Ethiopian Adoption. The invitation is open to all stakeholders.

Meeting Invitation

USCIS Stakeholder Meeting on Ethiopian Adoptions Friday, December 9, 2011 @ 10 am (EST)
As a follow up to the October 28, 2011, Ethiopian Stakeholder call, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State would like to invite you to attend a stakeholder call to discuss USCIS’ November trip to the U.S. Embassy in Addis Ababa to adjudicate “not clearly approvable” adoption petitions.

After the U.S. Embassy in Addis Ababa, Ethiopia, identified a number of adoption petitions (Form I-600, Petition to Classify Orphan as Immediate Relative) that it determined were not clearly approvable (NCA), and thus, must be referred to USCIS for adjudication, USCIS dispatched a team of officers to go Addis to adjudicate the petitions. USCIS and the Department of State would like to discuss the results of the NCA Team’s trip, lessons learned, and the way forward for Ethiopian adoptions.

To Participate in the Session

Any interested parties may participate in this event by telephone. All participants must respond to this invitation. Please contact the USCIS Office of Public Engagement at public.engagement@dhs.gov by Thursday, December 8, 2011 referencing “Ethiopian Adoptions” in the subject line of your email.

Please also include your full name and the organization you represent in the body of the email.

To Join the Call

On the day of the engagement please use the information below to join the session by phone. We recommend calling in 10 minutes prior to the start of the teleconference.
Call-in Number: 1-800-779-1424
Overseas Toll Number: 1-630-395-0144
Passcode: Adoption

---

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

USCIS Releases Executive Summary of October Teleconference on Ethiopian Adoption

USCIS has published the following executive summary of the October 28, 2011 Teleconference on Ethiopian Adoption. USCIS will hold a follow up teleconference on December 9th at 10 am. Details will be published on our blog and are also available at the USCIS website


U.S. Citizenship and Immigration Services
Office of Public Engagement Washington, DC 20529-2000
November 30, 2011

Executive Summary
Teleconference on Ethiopian Adoptions

Background
On October 28, 2011, U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) hosted a stakeholder engagement to discuss the increased number of adoption petitions (Form I-600, Petition to Classify Orphan as Immediate Relative) that the U.S. Embassy in Addis Ababa, Ethiopia, has found to be “not clearly approvable.” After these petitions are found “not clearly approvable” they are referred to USCIS for adjudication. During the session, USCIS and DOS representatives explained why there is an increase in “not clearly approvable” cases, defined what “not clearly approvable” means, and provided an explanation of how the processing of these cases will unfold once they are referred to USCIS. In addition, USCIS and DOS answered questions from stakeholders, most of whom were prospective adoptive parents, concerning next steps for cases that were found to be “not clearly approvable”. The session was not intended to obtain group or consensus advice.

Under U.S. law, USCIS has responsibility for the adjudication of Form I-600, Petition to Classify Orphan as an Immediate Relative. A family files this petition with USCIS to seek a determination that the adoptive child has a qualifying relationship with the petitioning parent. After a Form I-600 petition is approved, then the U.S. citizen parent(s) may apply for an immigrant visa for their adopted child through the U.S. Department of State. USCIS has delegated authority to the Department of State to adjudicate Form I-600 petitions on its behalf where there is no USCIS presence at a U.S. Embassy or Consulate, such as the U.S. Embassy in Ethiopia. The Department of State, however, only has the authority to approve Form I-600 petitions that are “clearly approvable.” If a Form I-600 petition is “not clearly approvable,” then the Department of State must refer the case to USCIS. USCIS then decides if the case is approvable, if more evidence is needed before a decision can be made, or in rare circumstances, if the case should be denied.

Due to the increase in the number of cases identified as “not clearly approvable” by the U.S. Embassy in Ethiopia, stakeholders have questioned if there has been a policy change at the Department of State. Department of State officials reported that there has been no policy change regarding Form I-600s, rather there has been a practical change at the U.S. Embassy in Ethiopia

Roles and Responsibilities
to ensure that its procedures are in compliance with Department of State procedures. Previously, the U.S. Embassy in Ethiopia sent multiple requests for additional information to the Adoption Service Providers (ASPs), giving them several chances to correct deficiencies in the file. The U.S. Embassy in Ethiopia is now in line with Department of State procedures worldwide so that if a case has material deficiencies it is being labeled as “not clearly approvable”, and is then transferred to USCIS. Once a case is transferred to USCIS as “not clearly approvable”, the Department of State no longer has the delegated authority over the case. Therefore, Department of State will not be able to accept further evidence or provide any further information on the status of the case. It is then USCIS’s responsibility to review the file and determine the appropriate next steps.

After a case has been identified as “not clearly approvable,” DOS will refer it to a USCIS officer for review with three possible outcomes. In most cases, the USCIS officer decides either that the case is immediately approvable or that the petitioner has not provided enough information, resulting in the issuance of a Request for Evidence (RFE). An RFE means that further dialogue is needed between USCIS and the petitioner. In rare instances, there is evidence in the file that clearly indicates the case is not approvable. For those cases, USCIS will issue a Notice of Intent to Deny (NOID).

It is very common practice for USCIS to issue RFEs in adoption cases. An RFE can notify the petitioner of missing information, request clarification, and/or give examples of what evidence is needed. Once an RFE is issued, the petitioner generally has 87 days to produce the requested information. Please note that USCIS makes each decision on a case-by-case basis according to its own individual merits. Petitioners should feel free to submit as much documentation or evidence as they have and a decision will be made based on the totality of the evidence.
When the Department of State refers a case to USCIS as “not clearly approvable” they do so because they have done everything to adjudicate the case within the scope of authority that has been delegated to them by USCIS. The Department of State does not have the authority to issue RFEs. “Not clearly approvable” does not necessarily mean that the case will be denied. If USCIS does ultimately approve the case, it should not be seen as an indication that the Department of State was wrong to refer the case to USCIS. The Department of State simply adjudicated the case to the fullest extent possible given the evidence submitted at that time under the scope of their delegated authority.

Previously, the U.S. Embassy Addis Ababa had only identified a small number of cases as “not clearly approvable.” Typically, these cases have been sent to the USCIS Nairobi Field Office at the U.S. Embassy in Nairobi, Kenya by diplomatic pouch which often took four to six weeks. When USCIS became aware that the US Embassy in Addis Ababa had identified a large number of Form I-600 petitions as “not clearly approvable,” we immediately began planning with the
Clarifying the Meaning of “Not Clearly Approvable”

Process after U.S. Embassy Addis Ababa Finds a Case Not Clearly Approvable
Department of State to send a team of USCIS officers to Addis Ababa, Ethiopia to adjudicate the growing caseload, as a more efficient and timely way to address the situation. In addition, USCIS and the Department of State coordinated to ensure that no additional cases were sent through the diplomatic pouch to USCIS Nairobi prior to the USCIS team’s arrival in Ethiopia.
USCIS and DOS fully recognize that the transfer of these cases needs to happen quickly and smoothly to ensure timely processing of the cases. USCIS is considering a number of options in order to process the cases as quickly as possible, including electronic transmission and sending additional teams of USCIS officers to Ethiopia if necessary.

Form I-600 petitions that cannot be immediately approved by the USCIS team in Ethiopia will be completed by USCIS under normal procedures. If the case was not immediately approved, the petitioner will most likely receive a Request for Evidence (RFE) or in some circumstances a Notice of Intent to Deny (NOID). At this point, communication regarding the case should take place between USCIS and the petitioner.

Since the stakeholder call, USCIS has revised its communication approach, as follows:
For general questions about cases that have been approved or that have not yet received a decision from USCIS, please contact the USCIS office in Nairobi using the following address: NBO.adoptions@dhs.gov.

For cases that have been issued an RFE or NOID, please be sure to carefully read your notice, and if you choose to respond, send your hard copy response according to the instructions on your notice to the USCIS Rome District Office. For inquiries about a case that has been issued a RFE or NOID, please contact the USCIS Rome District Office at uscis.rome@dhs.gov. If, following the issuance of an RFE or NOID, the case is ultimately approved, USCIS will inform the U.S. Embassy in Ethiopia so that the Department of State’s immigrant visa process can begin. The Department of State will then take the necessary steps on deciding whether an immigrant visa should be issued. Please keep in mind that just because the Form I-600 petition is approved, this does not guarantee that State Department will approve the immigrant visa.
USCIS and the Department of State expect to hold a follow-up engagement around the beginning of December 2011. USCIS can then report on the patterns and trends in cases seen by our officers on their mission in Ethiopia. Hopefully, this will allow USCIS to give petitioners tips on how to make their case more robust and lessen the chance of future petitioners receiving a “Request for Evidence”. The State Department has also begun additional training for Adoption Service Providers (ASPs) on how to avoid deficiencies in case files.

Next Steps
Contact Information:
* For questions regarding cases which after they have been defined as “not clearly approvable,” please contact NBO.adoptions@dhs.gov or uscis.rome@dhs.gov as appropriate as explained above
* For complaints about treatment by a Consular Officer at a U.S. Embassy please contact usvisa@state.gov or attorneys may use legalnet@state.gov
* For general questions on the adoption process please contact askci@state.gov

---

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