Showing posts with label Universal Accreditation. Show all posts
Showing posts with label Universal Accreditation. Show all posts

Monday, April 8, 2013

USCIS Adoption Information on Universal Accreditation act

USCIS has released the following information with regards to the Universal Accrditation Act to help clear up questions by prospective adoptive parents and adoption service providers:


http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ac818aea586bd310VgnVCM100000082ca60aRCRD&vgnextchannel=8d5e901bf9873210VgnVCM100000082ca60aRCRD


The Universal Accreditation Act of 2012

The Intercountry Adoption Universal Accreditation Act of 2012 (UAA) goes into effect on July 14, 2014. As of that date, all agencies or persons that provide adoption services in support of the two forms listed below must be accredited or approved, or be a supervised or exempted provider, in compliance with the Intercountry Adoption Act and accreditation regulations.
 The affected forms are:
  • Form I-600A, Application for Advance Processing of Orphan Petition; and
  • Form I-600, Petition to Classify Orphan as an Immediate Relative.
The UAA requires that adoption service providers (ASPs) handling non-Hague Convention adoption cases that fall under the Immigration and Nationality Act (INA) section 101(b)(1)(F) follow the same accreditation or approval process required of ASPs that handle Hague Convention cases under INA section 101(b)(1)(G).

The UAA assures families pursuing an intercountry adoption that regardless of the country from which they intend to adopt, the ASP they choose will need to comply with the same ethical standards of practice and conduct.  

When to Use an Accredited ASP

The UAA allows for transition cases (grandfathering) in certain situations. ASPs that provide adoption services in these grandfathered cases do not need to be accredited.

However, ASPs must be accredited for any adoption services they provide on or after July 14, 2014, even if prospective adoptive parents filed Forms I-600A or I-600 before that date, and accreditation was not required for ASPs at the time of filing.

The following tables explain when you will be required to use an accredited ASP.
Action Taken
Is Accreditation Required?
USCIS makes a decision on Form I-600A or Form I-600 before July 14, 2014.
No. Accreditation is not required for adoption services provided before July 14, 2014.

You file Form I-600A or Form I-600 before July 13, 2013, but USCIS makes a decision on or after July 14, 2014.

No. The case is grandfathered, and accreditation is not required.
You have initiated the adoption process in a foreign country with the filing of an appropriate foreign application as determined by the Secretary of State before July 13, 2013.

No. The case is grandfathered, and accreditation is not required.
You file Form I-600A or Form I-600 on or after July 13, 2013, and USCIS makes a decision on or after July 14, 2014.
Accreditation is not required for adoption services provided before July 14, 2014.
But accreditation is required for adoption services provided on or after July 14, 2014.

You file Form I-600A or Form I-600 on or after July 14, 2014.
Yes. Accreditation is required.
Examples:
If you file Form I-600A or Form I-600
Then your application will

Before July 13, 2013, with a home study prepared by an unaccredited ASP
Be grandfathered under the UAA transition rule.
An unaccredited or unapproved ASP can provide any adoption services, even after the UAA goes into effect on July 14, 2014.


On or after July 13, 2013, with a home study prepared by an unaccredited or unapproved ASP
Not be grandfathered under the UAA transition rule.
In this situation, USCIS may rely on a home study prepared by an unaccredited provider if it was completed before the new accreditation requirements go into effect on July 14, 2014. After this date, if you need an amended home study or other adoption services, you will need to work with an accredited or approved ASP, an exempted provider, or an ASP that provides services under a supervisory agreement with an accredited ASP.


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

Sunday, January 27, 2013

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/

Tuesday, January 15, 2013

Universal Accreditation Act Becomes Law

President Obama signed the Intercountry adoption Universal Accreditation Act on January 14, 2013. 

The DOS published the following Announcement on the Universal Accreditation Act:
 
 On January 14, 2013, the President signed The Intercountry Adoption Universal Accreditation Act of 2012 (UAA), one of the last bills passed in the final days of the 112th Congress. The effective date of the UAA is July 14, 2014, 18 months after the President's signature.

The UAA has broad implications for all U.S. adoption service providers (ASPs) active in intercountry adoption. It affects currently accredited or approved ASPs and those ASPs with programs only in non-Hague Adoption Convention countries of origin, where federal accreditation or approval was not previously required.


The purpose of the UAA is to apply the provisions of the Intercountry Adoption Act of 2000 (IAA) concerning the accreditation of ASPs to agencies and persons providing adoption services in cases involving children described in Immigration and Nationality Act (INA) section 101(b)(1)(F) and adopted through the orphan process. By requiring all ASPs handling cases under 101(b)(1)(F) and 101(b)(1)(G) (concerning children habitually resident in Hague Adoption Convention countries) to receive the same accreditation under federal standards, families adopting internationally will have the assurance that regardless from where they adopt, the ASP they choose to work with will be in substantial compliance with the same ethical standards of practice and conduct.


Previously, the conduct of accredited agencies in non-Convention cases did not generally fall under the oversight and monitoring responsibilities of the Department of State-designated accrediting entities (AEs). Such conduct is now subject to the oversight and monitoring by AEs. The UAA also extends the enforcement provisions of the IAA to ASPs providing adoption services in orphan cases.

The UAA provides for transition cases (grandfathering) in certain situations; ASPs providing adoption services in grandfathered cases do not need to be accredited.


A copy of the UAA is available in pdf format at this link.

Additional information on the UAA will be available soon on our website, Adoption.State.gov, in the Information for Agencies section.

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

Thursday, July 26, 2012

Legislative Update: Universal Accreditation Introduced

Two identical bills were recently introduced, one in the House, one in the Senate, to amend the Intercountry Adoption Act, expanding the requirement for accreditation for all US adoption agencies offering intercountry adoption services. Both versions have been introduced and are now in Committee.


The full text of the amendments can be found here (they are identical):


House version: http://www.govtrack.us/congress/bills/112/hr6027/text
Senate version: http://www.govtrack.us/congress/bills/112/s3331/text


The following is the press release from the Senate:

June 22, 1012
WASHINGTON, D.C. – Senate Foreign Relations Committee Chairman John Kerry (D-MA) and Ranking Member Richard Lugar (R-IN) along with Senators Mary Landrieu (D-LA)  and James Inhofe (R-OK) introduced legislation to elevate and standardize adoption services across the globe to safeguard against corruption and fraudulent adoptions.
After years of conflicting, country-by-country standards for Adoption Service Providers (ASPs), the Intercountry Adoption Universal Accreditation Act of 2012 will for the first time universalize the accreditation process for all ASPs.  The legislation would elevate standards, requiring all ASPs to comply with current, stronger requirements upheld for ASPs working with Hague countries.
The new accreditation standard would help safeguard against corruption and fraud in the adoption process. 
“The safety of children across the globe should be our number one concern in the adoption process and this commonsense reform will help us get them placed into safe and loving homes. Piecemeal, conflicting adoption standards have made far too many cracks and chasms in the system that left room for corruption, deception, and often outright fraudulent adoptions.  I’m grateful to our Ranking Member Dick Lugar and Senators Landrieu and Inhofe for partnering with me in this effort to elevate and put in place universal adoption standards that make kids the priority,” said U.S. Senator John Kerry (D-MA), Chairman of the Foreign Relations Committee.
“The United States adopts more children from overseas than any other nation.  Many of these children have serious medical conditions, often requiring significant and costly medical attention, yet, regardless, Americans open their hearts and homes to them.  This legislation establishes uniform standards that would provide American families with certainty that they are working with an accredited American adoption service provider, regardless of the country they are adopting from.  I am pleased to be joined by Senators Mary Landrieu and Jim Inhofe, two of the Senate’s leaders in this field, as well the Chairman of the Foreign Relations Committee, John Kerry,” said U.S. Senator Richard Lugar (R-IN), Ranking Member of the Foreign Relations Committee.
“Mandatory accreditation will ensure that the adoption process between the U.S. and other countries is lawful and safe for an adopted child and respectful of the families involved.  Additionally, I hope that this bill will prompt the U.S. Department of State to consider financially supporting the accrediting entities to relieve part of the financial burden on smaller agencies and to ensure a robust accreditation process,” said U.S. Senator Mary L. Landrieu (D-LA).
“Standardizing the accreditation process for international adoptions will provide additional protections for both the child and the adopting family.  The patchwork of adoption standards that currently exist have resulted in a situation that is not optimal for protecting the international children being offered for adoption.  It has also resulted in fraud and corruption that has devastated loving American families who are willing to make many sacrifices to adopt internationally.  This legislation is the right approach to fix the problems that currently exist,” said U.S. Sen. Jim Inhofe (R-OK), co-chair of the Congressional Coalition on Adoption.
The Intercountry Adoption Act of 2000 (IAA) specified that accreditation or approval is required in order to provide adoption services in cases subject to the Hague Convention with limited exceptions. The IAA defines the parameters of accreditation for the organizations providing services to prospective adoptive parents and charges the Department of State with responsibility of the accreditation process. The Kerry-Lugar bill would apply the accreditation requirement universally to all ASPs – those operating in both Hague and non-Hague countries. 

http://www.foreign.senate.gov/press/chair/release/kerry-lugar-bill-would-help-prevent-corrupt-fraudulent-adoptions-abroad 


Comment from PEAR: Universal Accreditation as a step in the right direction toward cleaning up intercountry adoption practices. Although there is much to be done to improve the regulation and oversight of intercountry adoption, PEAR supports this step. We will continue to monitor the progress of both bills and will provide updates as they occur.

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