UPDATES: Nepal

Today PEAR has posted a lot of information on adoptions in Nepal on our Nepal specific blog. This includes information from the Nepal MOWCSW, media reports concerning a draft release of a report to the Hague, and adoption "irregularities" in Nepal. Please use this link to read what has been posted and refer to our Nepal blog for further updates and developments. http://pearadoptinfo-nepal.blogspot.com


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

Commentary: Fast Tracking FFOA

A message from PEAR's President on the Fast Tracking of the Families for Orphans Act in Response to the Situation in Haiti:

According to recent stories in the press, Senator Mary Landrieu is pushing the Committee on Foreign Relations to release the Families for Orphans Act, S.1458 (also in the house as HR3070) for full vote in response to the crisis in Haiti. The senator has stated to prospective adoptive parents of children in Haiti that enactment of this legislation will ease the adoption process for them. http://www.cbsnews.com/stories/2010/01/26/eveningnews/main6144362.shtml ; http://www1.voanews.com/english/news/americas/US-Lawmakers-Call-for-Legislation-to-Promote-Adoptions-of-Haitian-Orphans-82778522.html ; http://www.cnn.com/2010/ POLITICS/01/26/haiti.orphans/index.html?eref= rss_politics&utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fcnn_allpolitics+%28RSS%3A+Politics% 29&utm_content=Google+Reader

I am not sure why Senator Landrieu and others are pushing to get the FFOA enacted in order to help with the situation in Haiti. Rather than speed the process up, enactment of this legislation would impede the processing of all international adoptions while the government reorganizes itself to comply with the Act. Parents currently attempting to get their adopted and referred children out of Haiti would see absolutely no benefit in having this legislation pushed through.

Enactment of FFOA requires the establishment of a new office at DOS (the Office of Orphan Policy), new staffing requirements, new procedures (requiring additional legislation), and a new way of offering aid to impovershed countries dealing with difficult choices in alternative care for children.

Unfortunately, I believe that the drafters and supporters of the FFOA are taking advantage of the Haiti crisis and attempting to get this act through by tugging on the heartstrings of current families in process and promising it will ease the adoption process. There is no proof that adoptions will be any easier by creating a new division in the DOS. And most certainly, the adoption process will not be easier, in fact may become more difficult, for those families currently in process. And, for the families and children in sending countries, the FFOA could be a complete disaster as it forces legal and social standards unfamiliar and out of the reach of many families making difficult choices for the care of children.

In my opinion, FFOA has more to do with providing humanitarian aid in exchange for opening or re-opening International Adoption programs than it does with streamlining the adoption process for adoptive families or benefiting original families. The major benefactors of this legislation are not children, adoptive families, or families of origin, but rather those who enjoy financial gain from international adoption services. More than 2/3 of the proposed $16M budget for FFOA will go to individuals and organizations that rely on international adoption for their financial wellbeing.

Numerous adoption advocates and those concerned with ethics in adoption and foreign aid are opposed to this legislation. To see why, please feel free to visit the following:

PEAR's position in opposition of FFOA:
http://pear-now.blogspot.com/search/label/Families%20for%20Orphans%20Act and full text at:
http://www.scribd.com/doc/25212878

Ethica's position in opposition to FFOA: http://www.ethicanet.org/international-adoption-ethica%E2%80%99s-positions-\on-pending-legislation

Voices for Vietnam Adoption Integrity:
http://www.adoptionintegrity.com/2009/07/24/fighting-for-orphans/

Blogs from individuals in the adoption triad opposed to FFOA:

Adoptive Mother:
http://myminivanrocks.wordpress.com/2009/07/28/sorry-honey-mommys-busy-opposing-\
some-bad-adoption-legislation/

Adult Adoptee and Social Worker:
http://harlowmonkey.typepad.com/harlows_monkey/2009/07/the-foreign-adopted-child\
rens-act-face-and-families-for-orphans-act.html

International Adult Adoptee and Author:
http://jjtrenka.wordpress.com/2009/07/20/face-act/

International Adult Adoptees and Advocates for Children:
http://poundpuplegacy.org/node/38850

Birthmother and Adoption Reform Activist:
familypreservation.blogspot.com/

As president of PEAR, as an adoptive mother, and as a human being concerned with the welfare of children, I urge all of you to carefully consider the implications of the FFOA. Read it for yourself (http://www.opencongress.org/bill/111-s1458/show), look into the so called family preservation and re-unification provisions, and read the commentary from all sides. Take a look at the major supporters of this legislation. What do they have to gain by it passing? Why is so important to them to push this through while the attention of the American people lies elsewhere? Take a look at the people opposed to the legislation. What do they have to lose by it passing?

If you agree with me that this legislation is not beneficial to families and vulnerable children, vote in opposition to this legislation at: http://www.petition 2congress. com/2/2881/ petition- to-halt-fast- tracking- proposed- legislation- known-as- fami/ and please contact your Senators and Representatives and make your voice heard.

Sincerely,

Gina Pollock
President
PEAR









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

RESOURCE: INITIAL PSYCHOLOGICAL SCREENING FOR ORPHANED CHILDREN BEING EVACUATED FROM HAITI

The following are recommendations for psychological screenings for the Haiti adoptees before they leave Haiti and for the Haiti adoptees who have already arrived in their new country without a psychological screening.

All children in the throes of the disastrous earthquake in Haiti can be quickly and efficiently psychologically screened, as much as time allows, prior to their evacuation. This will provide invaluable, time sensitive information to those pre-adoptive parents awaiting these children in other countries.

Assessment data obtained prior to the evacuation should be viewed within the context of the child’s approximate chronological age as well as his/her overall cognitive ability. Obviously, given the dire circumstances of Haiti, a broad estimate might be needed.

In determining the current psychological and cognitive status of the distressed Haitian children about to be evacuated, the degree of the physical and emotional trauma each child has experienced should attempt to be ascertained. Specifically, factors to consider: the extent of the physical injury (body injuries and head injuries), the emotional trauma (loss of parents, siblings, relatives), as well as the child’s current overall functioning (is the child in a state of shock, under the effects of pain medication, and has he/she had the basic biological needs of food and water met?)

Any psychological assessment should take into consideration and note any significant culturally sensitive factors including the evaluator’s educational background, training, knowledge of the culture, and understanding of the language.

The psychological variables that ideally would be assessed for every Haitian child, within the context of the circumstances and transient state of the child, include: ability to understand questions, follow directions, and to be generally responsive; ability to speak, read, and write; long and short-term memory; insight and comprehension of what has happened especially to his/ her parents, siblings, extended family members, and friends; current and potential survival and coping skills (physical and mental); current fears and hopes; actual and perceived family support; future outlook; and his/her desire for, and understanding of, the pending departure from his/her country. Any overt signs of brain damage, mental deficiency, hallucinations or delusions should be noted.

Whenever young, intrinsically vulnerable children are subjected to sudden, unpredictable, unmanageable, overwhelming natural forces, such as happened to the Haitian children, immediate and long term profound psychological and emotional effects are to be expected. Generalized and specific symptoms of anxiety, phobias, depression, night terrors, eating problems, bed wetting, tactile defensiveness, hyper- vigilance and even aggression are common reactions traumatized children experience immediately and for years following the trauma. Of special consideration for Haitian children who are being abruptly evacuated to a foreign country to be cared for by unknown adults, is the realization that the children’s trust and faith that adults will be able to protect them from life’s uncertainty and physical harm, has been severely compromised if not destroyed. Future attachment and bonding to their awaiting adoptive parents will be directly correlated with the degree and depth of trust that they had with their Haitian family prior to their evacuation, as well as the extent and depth of the physical and emotional trauma they have experienced. A pre-evacuation psychological assessment will provide a crucial foundation of information upon which the long-term emotional healing process can begin.

For Children already evacuated and with no pre-evacuation psychological screening:

If a Haitian child has already been evacuated and there was no preliminary psychological screening conduced, it would be wise for the pre-adoptive/ adoptive parents to ask for a psychological evaluation at the time of their pediatric evaluation. A developmental assessment including a mental status evaluation can often be conducted by an experienced pediatrician or a referral can be made to a specialist such as a clinical psychologist, neuro-psychologist, or developmental psychologist.

It is very important for future treatment intervention that as much information as possible be obtained about the physical, emotional, and psychological condition of the children prior to, and immediately after, evacuation. Of course, any knowledge about the biological parents would be very helpful since genetics are powerful determinants on many variables including physical attributes, intelligence, unique abilities (artistic, athletics, creative, etc.), personality characteristics, and medical strengths and liabilities.

Finding a culturally-sensitive professional to help with an assessment can be difficult but not impossible. By making phone inquiries, Internet searches, and consultation with adoptive parents, experienced clinicians can be found. If a parent feels that some assessment findings did not sufficiently take into consideration a child’s cultural background, this should be noted and a second opinion sought. Consistent and frequent record keeping, written and video, will provide invaluable data that can be shared with other professionals now and as the child matures.

One final word of caution: With few exceptions, an “expert” can be found on every side of every issue. The antidote to a confusing barrage of conflicting “expert advice” are a well-informed, committed, and modestly skeptical parents who will never forego their own judgment, advocacy, or unconditional love for their children.

Lawrence B. Lennon, Ph.D., HSPP
Clinical Psychologist
Clinical Director










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

USCIS Questions & Answers for Adoptions From Haiti

Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti


Introduction

On Jan. 12, 2010, Haiti experienced an earthquake of devastating proportions. This set of questions and answers provides information for United States citizens in the process of adopting a child from Haiti.

Questions and Answers

Q. I am in the process of adopting a child from Haiti, what can I do to bring the child to the United States?
A. Department of Homeland Security (DHS) Secretary Janet Napolitano has authorized the use of humanitarian parole for the following categories of orphans in Haiti:

Category 1 Cases

Description: Children being adopted by U.S. citizens prior to Jan. 12, 2010, who have been legally confirmed as orphans available for inter-country adoption by the Government of Haiti (GOH) through an adoption decree or custody grant to suitable U.S. citizen adoptive parents.

Required Criteria:

• Evidence of availability for adoption MUST include at least one of the following:
  • Full and final Haitian adoption decree; or
  • GOH custody grant to prospective adoptive parents for emigration and adoption; or
  • Secondary evidence in place of the above.
• Evidence of suitability MUST include one of the following:
  • Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or
  • Current FBI fingerprints and security background check; or
  • Physical custody in Haiti plus a security background check.

Please note, some of the children in this category will receive immigrant visas and others will receive humanitarian parole, depending on the completeness of the cases. Those who enter with immigrant visas will enter as aliens lawfully admitted for permanent residence. Those who enter with humanitarian parole will need to have their immigration status finalized after arrival through an application for adjustment of status.

Category 2 Cases

Description: Children who have been identified by an adoption service provider or facilitator as eligible for intercountry adoption, were matched to prospective American adoptive parents prior to Jan. 12, 2010 and meet the below criteria.

Required Criteria:

• Significant evidence of a relationship between the prospective adoptive parents and the child; AND of the parents' intention to complete the adoption, which could include the following:
  • Proof of travel by the prospective adoptive parents to Haiti to visit the child;
  • Photos of the child and prospective adoptive parents together;
  • An Adoption Service Provider (ASP) "Acceptance of Referral" letter signed by the prospective adoptive parents;
  • Documentary evidence that the prospective adoptive parents initiated the adoption process prior to Jan. 12, 2010, with intent to adopt the child (filed Form I-600A, Application for Advance Processing of an Orphan Petition, and/or Form I-600, Petition to Classify an Orphan as an Immediate Relative, completed a home study, located an ASP to work with in Haiti, etc.).
• Evidence of the child's availability for adoption, which would include the following:
  • IBESR (Haitian Adoption Authority) approval;
  • Documentation of legal relinquishment or award of custody to the Haitian orphanage;
  • Secondary evidence in place of the above.
• Evidence of suitability MUST include one of the following:
  • Approved Form I-600A, Application for Advance Processing of an Orphan Petition; or
  • Current FBI fingerprints and security background check.

If the child you have adopted or are adopting meets these criteria, please send U.S. Citizenship and Immigration Services (USCIS) detailed information about the adoption case at HaitianAdoptions@dhs.gov. This e-mail address is dedicated to collecting information about adoption cases still pending in Haiti. Please include the name of the prospective adoptive parent in the subject line of the e-mail. Once we have your information, we will contact you with further information.

Q. If parole is authorized, how will my child get out of Haiti?
A. The Consular Section and USCIS Office is coordinating the arrival of children at the Embassy so that they are able to arrive safely. We urge families not to make individidual arrangements and to assist us in coordinating with the ophanages on the ground. Orphanage directors should wait to receive instructions either from the Embassy or USCIS Headquarters in Washington before taking their group of children to the Embassy for processing. Individuals or groups that appear at the Embassy without prior coordination may be turned away.

Q. If humanitarian parole is authorized, may I travel to pick up a specific child?
A. The Department of State (DOS) Travel Warning, urges U.S. citizens to avoid travel to Haiti. Communications and transportation in Haiti is extremely limited and nearly all available resources are dedicated to the immediate search and rescue of Haitians. Updates to the DOS travel warnings for Haiti are available online at http://www.travel.state.gov/travel/cis_pa_tw/tw/tw_4632.html.

Once a child receives a visa or is authorized for humanitarian parole, we encourage you to work with your U.S. adoption agency and the orphanage staff in Haiti to identify an escort to bring the child to the United States.

Q. Many documents were destroyed in the earthquake. What kind of secondary evidence can be submitted in the place of primary documents?
A. Secondary evidence may include, but is not limited to, copies of records or correspondence referring to the existence of the destroyed or missing document, as maintained by an Adoption Service Provider or the prospective adoptive family, as well as affidavits of individuals with knowledge of the document or event.

Q. I am a prospective adoptive parent in the process of adopting a child in Haiti, but the adoption was not finalized prior to the earthquake. If DHS authorizes humanitarian parole for a child who was not legally adopted in Haiti, how will I obtain the legal authority to take the child into my home?
A: If you received an order from the Government of Haiti granting custody of the child to you, then the child may be paroled into your custody upon verification of the order, your identity and that of the child after the child's arrival in the United States.

If you have not received a formal order granting you custody from the Government of Haiti, then the child may be placed in your care but some additional procedures must be followed. These procedures are intended to protect children and ensure that those without final adoptions are placed with families that are able to care for them. These additional procedures may take a little time, but they are critical for keeping children safe. Children who cannot be placed with prospective adoptive parents will be well cared for. ORR has contracts with organizations around the country to care for unaccompanied children who are not U.S. citizens.

Whether you become a sponsor or not, you will need to adopt the child under the adoption laws of your place of residence in order for the child to acquire permanent residence in the United States.

Q. How do I request Humanitarian Parole for the child I am in the process of adopting?
A. If you want to request humanitarian parole for a specific child you are in the process of adopting from Haiti, please send the request to HaitianAdoptions@dhs.gov. Please include the name of the prospective adoptive parent in the subject line of the e-mail. You do not need to file Form I-131 or submit a fee for these cases.

Q. I am a prospective adoptive parent in the process of adopting a child from Haiti. What should I do if my Fingerprint Clearance has expired?
A. USCIS will review each prospective adoptive parent's request for humanitarian parole on a case-by-case basis. If we determine that your fingerprint clearance(s) has expired, you do not need to take any action. USCIS will electronically rerun your prints. (Please do not send a request for updated fingerprint to HaitianAdoptions@dhs.gov.) If you have not been fingerprinted by USCIS at any stage of your adoption process, please send an e-mail message to HaitianAdoptions@dhs.gov and we will arrange a fingerprint appointment for you. Please include "FP Request" in the subject line of the e-mail.

Q. Is there any other way I can help orphans in Haiti?
A. We understand that some Americans want to respond by offering to open their homes. We certainly appreciate this generous impulse, but note that it can be extremely difficult to determine whether children are truly orphans. Children may be temporarily separated from their parents or other family members, and their parents or other relatives may be looking for them. In the first instance, we believe it is most important to focus on re-uniting separated children with their relatives. Some individuals may wish to assist by contributing to a reputable relief or humanitarian organization working in that country. More information can be found at the following Web sites linked on the right:

• Department of State
• United States Agency for International Development (USAID)
• International Committee of the Red Cross (ICRC)
• Interaction

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8f712d86a8756210VgnVCM100000082ca60aRCRD&vgnextchannel=9cf75869c9326210VgnVCM100000082ca60aRCRD


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

Why PEAR does not support new adoption cases or airlifts of children from Haiti at this time:

This week, a member of PEAR, Julia Rollings, spoke eloquently of the reasons why international relocation and adoption of Haitian children is not appropriate at this time: http://au.tv.yahoo.com/sunrise/video/play/-/6725923/haitis-orphans/#fop

While many US citizens are moved by the sight of children in distress and feel the need to press the US government toward adoption or massive airlifts of children, we must remember that these are not our children, Haiti is not under the authority of the United States nor subject to the desires and demands of US politicians and NGOs. As the countries affected by the 2004 tsunami were afforded the right to determine how their people would rebuild their lives and their country by offering and accepting support and resources in their own countries, Haiti should be afforded the same sovereign right. It is Haiti, not the US or any other foreign government or NGO, who has the right and responsibility to care for its children and make the decisions in their children's best interests.

We recommend that the Guidelines for Alternative Care of Children published by ISS this past fall be consulted for excellent child care policies in emergency situations: http://www.crin.org/bcn/initiatives.asp. Although the guidelines have not been formally adopted, they offer excellent advice and counsel. The ISS provisions for the care of children in emergencies include the following excerpts:

"In such circumstances, the State or de facto authorities in the region concerned, the international community and all local, national, foreign and international agencies providing or intending to provide child-focused services should pay special attention:
(a) To ensure that all entities and persons involved in responding to unaccompanied or separated children are sufficiently experienced, trained, resourceful and equipped to do so in an appropriate manner;
(b) To develop, as necessary, temporary and long-term family-based care;
(c) To use residential care only as a temporary measure until family-based care can be developed;
(d) To prohibit the establishment of new residential facilities structured to provide simultaneous care to large groups of children on a permanent or long-term basis;
(e) To prevent the cross-border displacement of children, except under the circumstances described in paragraph 159 below;
(f) To make cooperation with family tracing and reintegration efforts mandatory.

Paragraph 159 states:
"Children in emergency situations should not be moved to a country other than that of their habitual residence for alternative care except temporarily for compelling health, medical or safety reasons. In that case, this should be as close as possible to their home, they should be accompanied by a parent or caregiver known to the child, and a clear return plan should be established."

PEAR supports the temporary relocation with a clear repatriation plan of Haitian children on a case by case, individual basis if, and only if, approved by the Haitian government for purposes of receiving medical attention that cannot be provided currently in Haiti. We also support policies and procedures that would reunite Haitian children with their relatives living abroad if this is determined to be in the best interest of the child. We do not support wholesale relocation of children to foreign countries on a temporary or permanent basis when care and protection can be provided in Haiti by the Haitian government and its people with assistance of funding, supplies and hands provided by foreign and international NGOs and governments.

Adoption is not an emergency procedure. Airlifting children after a crisis to a different culture is not in the best interest of the children. It was not considered in the 2004 tsunami, so why has this become a daily crusade for local groups, churches, NGOs and government officials?

The executive branch of the US government has spoken clearly through DOS and USCIS that it is best to reunify the family. This position is clearly preferred and supported by numerous national and international child welfare organizations. We call on the legislative branch to support that decision and place their focus on the exploration of ways in which the US can respond to the needs of the Haitian people. This includes providing legal, medical and therapeutic assistance to the children who have been granted humanitarian parole to the US. We also call on members of Congress to act with caution and responsibility and avoid hastily passing undebated sweeping global child welfare reform called Family For Orphans Act (FFOA) during this Haiti crisis.


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