UPDATE on Temporary Suspension of Huminska's Anioly

On Wednesday, March 7, 2012, we reported that Huminska's Anioly had their accreditation suspended for 30 days (see: http://pear-now.blogspot.com/2012/03/huminskas-anioly-faces-30-day.html)

Today we received the following report from COA concerning the basis for the suspension:
The complaint on which this suspension is based was filed in November 2010.

Nature of the Substantiated Violations:

96.35(a) & 96.44(a) - The agency provided a referral to a family prior to the family’s completion of the homestudy and receipt of approval of its 1800 A application from US Citizenship and Immigration Services, failing to take into consideration the best interests and safety of the child.

96.42(c) - Confidential information about a prospective adoptive parent’s children was released without the prospective adoptive parent’s written authorization.

96.40(a) - The written fee information provided did not provide a clear breakdown of fees regarding expected total fees and estimated expenses and an explanation of the conditions under which fees or expenses may be charged, waived, reduced, or refunded and of when and how the fees and expenses must be paid.

96.40(b)(1-7) & 96.40(c)(1-2) - The written fee information provided did not conform to the categories and details defined in the standards.

96.40(g) - The agency charged additional foreseeable fees beyond what was disclosed in the adoption contract.

96.35(a) - The agency requested and received payment from a prospective adoptive family for an activity unrelated to their adoption which it planned to deduct from their legitimate adoption fees. I'm wondering if this is too specific.

96.49(a) & 96.49(b) - The agency failed to provide a prospective adoptive family their referred children’s medical records.

96.49(d)(2-4) - The information contained in the agency’s records did not demonstrate that the agency employed reasonable efforts on behalf of the family to obtain medical information and information that was provided did not fully address the standards.

96.49(f)(1)(2) - The information contained in the agency’s records did not demonstrate that the agency

employed reasonable efforts on behalf of the family to obtain social information and information that was provided did not fully address the standards.

96.49(g) - The agency failed to document in the record the efforts made to obtain medical and social information and why it was not obtainable.

96.49(k) - A prospective adoptive family was not given two weeks to consider the needs of the children that were referred to them and their ability to meet those needs.

Status of the Adverse Action: Huminska’s Anioly’s Hague Approval is suspended from March 6, 2012 through April 5, 2012 or until such later date when corrective action is complete.

A copy of this report should be available today at COA's website:
http://www.coanet.org/front3/page.cfm?sect=54&cont=4439

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

Huminska's Anioly Faces 30 Day Suspension

PEAR has received a confirmed report that Huminska's Anioly, an agency providing adoption services for families adopting from Poland, has received a temporary suspension from COA. The suspension is for 30 days during which time HA may not assist in any Hague adoptions. HA is making arrangements under the Hague Regulations to transfer cases to another provider if client's adoption plans will be negatively impacted by the suspension. If you have any problems or questions that HA is not adequately addressing, please contact Jayne Schmidt: 866-262-8088 ext. 203.

Notice of the suspension should be published on the DOS adoptions webpages shortly under "News": http://adoption.state.gov

Update 3/7/2012 3:42 pm EST: The following Notice was published on the DOS website today, please note that the DOS Notice does not specify a 30 day suspension, it states the suspension will continue until corrective action has been completed:

Adverse Action taken by Council on Accreditation towards Huminska's Anioly, Inc.

On March 2, 2012, the Council on Accreditation (COA) made the decision to temporarily suspend Huminska's Anioly, Inc. for failing to maintain substantial compliance with the Hague accreditation standards. Huminska's Anioly, Inc. is a Hague accredited adoption service provider; however, they are authorized to operate in both Hague and non-Hague countries. This agency currently operates in Poland. During this suspension, Huminska's Anioly, Inc. must cease to provide all adoption services in connection with cases covered under the Hague Convention. If you have an open case with this agency, please contact the adoption service provider directly to find out how the suspension will affect your adoption services. Please note that according to U.S. regulations, this suspension will not affect this adoption service provider's ability to work in non-Hague countries.

The suspension will begin on March 6, 2012 and conclude when the accrediting entity has determined that the adoption service provider has completed the corrective action. Updated information will be provided on the adoption.state.gov website.

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

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

Alert: Adverse Action taken by Council on Accreditation towards Saint Mary's International Adoption

Alert: Adverse Action taken by Council on Accreditation towards Saint Mary's International Adoption

On September 2, 2011, the Council on Accreditation made the decision to temporarily suspend Saint Mary's International Adoption for failing to maintain substantial compliance with the Hague accreditation standards. Saint Mary's International Adoption is a Hague accredited adoption service provider; however, they are authorized to operate in both Hague and non-Hague countries. This agency operates in Bulgaria, Poland, and Ukraine. During this suspension, Saint Mary's International Adoption must cease to provide all adoption services in connection with cases covered under the Hague Convention. If you have an open case with this agency, please contact the adoption service provider directly to find out how this will affect your case. This suspension does not prohibit the adoption service provider from providing adoption services in connection with cases involving non-Hague countries.

The suspension will begin on September 2, 2011 and conclude when the accrediting entity has determined that the adoption service provider has completed the corrective action. Updated information will be provided on the adoption.state.gov website.

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

Edited 9/9/11 by PEAR: St Mary's International has filed suit in federal court for review of COA's decision to temporarily suspend the agency. The suit was reported on Justia.com: http://dockets.justia.com/docket/north-carolina/ncwdce/3:2011cv00433/64334/ and a media report may be found here: http://www.charlotteobserver.com/2011/09/09/2591088/adoption-agency-sues-to-stay-open.html

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

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

PEAR's Cautionary Statement on Adoptions from Poland

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

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

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

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

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

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

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

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

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

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

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




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