USDOS Adoption Alert: Nepal and Pipeline Cases

August 13, 2010
Important Information Regarding Adoptions From Nepal

http://adoption.state.gov/news/nepalalerts.html
The Department of State and U.S. Citizenship and Immigration Services (USCIS) have decided to suspend processing of new adoption cases from Nepal that involve children who are claimed to have been found abandoned, because documents presented in support of the abandonment of these children in Nepal have been found to be unreliable and circumstances of alleged abandonment cannot be verified because of obstacle in the investigation of individual cases.

•Information for Nepal adoption pipeline cases - 8/13/10

•Joint Statement on Suspension of Processing for New Adoption Cases Based on Abandonment in Nepal - 8/6/10

•Frequently Asked Questions: Suspension of Adoptions of Abandoned Children in Nepal - 8/6/10

•Notice: Caution About Pursuing Adoption in Nepal - 5/26/10

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http://adoption.state.gov/news/nepal_pipeline_cases.html

Information for Pipeline Cases

August 13, 2010

We are sending this message to answer your questions about the status of the program that the United States Citizenship and Immigration Services (USCIS) and the Department of State are currently setting up that will enable the U.S. Embassy in Kathmandu to complete the required I-604 Determination of Child for Adoption (sometimes referred to as the “orphan investigation”) in your case before you travel to Nepal to finalize your adoption.

As of this date, the program is not yet finalized. Every effort is being made to finalize and implement the program in the immediate future. The Office of Children’s Issues will inform you when the program is implemented and will post a notice on adoption.state.gov with information and instructions. Please continue to monitor http://www.adoption.state.gov for updated information.

At this time we do not recommend that prospective adoptive parents travel to Nepal to finalize their adoptions. We are concerned that problems identified in our public announcement will affect the processing of all adoption cases in Nepal. Prospective adoptive parents who do elect to travel to Nepal to finalize their adoptions should be prepared for an extended stay. If the I-600 petition is determined to be not clearly approvable, it will be forwarded to USCIS/New Delhi for further processing, per standard procedure.

We wish to caution prospective adoptive parents that even with a pre-approval program in place, it may take the U.S. government several months to process adoption cases to completion. Questions concerning adoptions in Nepal may be sent to either AskCI@state.gov or AdoptionsNepal@state.gov .

The Embassy is working with the Government of Nepal to see if the 60 day period in which prospective adoptive parents are required to travel to Nepal to finalize their adoption can be extended. We will provide more information as soon as it is available.

The best way to contact the Embassy is by email at AdoptionsNepal@state.gov . Please include your name, your child’s name, your adoption agency, and, if possible, the immigrant visa case number for your child’s case (this number begins with a year, followed by the letters KDU, followed by several more numbers) and can be found on any document sent to you by the National Visa Center) .

Please continue to monitor adoption.state.gov for updated information on adoptions in Nepal.


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

PEAR Cautionary Statement on Kazakhstan Adoptions

In August 2010, PEAR issued a cautionary statement on adoptions from Kazakhstan. After being contacted with concerns by a prospective adoptive parent, we decided to temporarily remove the announcement, review it before the full board, and we wish to clarify it as follows:


PEAR has become aware of current problems in some regions of Kazakhstan that could affect pending and future adoptions.

Currently there are two separate and distinct issues of concern in Kazakhstan. The first concerns the unexpected refusal of the court in the Taraz region to approve 10 adoption petitions, leaving prospective adoptive parents and the children they have bonded to in legal limbo. There were indications in the media report that the reason for refusal to grant adoptions was due to the determination by the Court that there was not enough effort to find placement in Kazakhstani families before referring children for international adoption. At this time, we do not have confirmation that this was the Court's official ruling. This issue was highlighted by the linked story and we have received reports from other families experiencing the same issue. It is unknown if this is a politically motivated decision that will stand up to legal scrutiny. In the meantime, Kazakhstan is implementing the Hague Treaty on Intercountry Adoptions and is not accepting new applications.

The second issue concerns reports by adopting families in the Taraz and Karaganda regions that their in-country facilitators are requesting additional fees purportedly to pay bribes demanded by the Court in order to approve the adoptions. PEAR has no confirmation that the bribe requests came from the judges, only parent's reports that the in-country facilitators are making this claim.

PEAR reiterates that prospective parents need to proceed with caution in Kazakhstan adoptions in light of these events. PEAR, as advocates for ethical and transparent adoptions, never advises prospective adoptive parents or adoptive parents to participate in corrupt practices. The risk to your personal safety and the integrity of your adoption is too great. Prospective parents need to be aware that by participating in a bribe or any other improper financial influence, you may open yourself up for potential prosecution in the US under the Foreign Corrupt Practices Act. If your agency recommends that you pay the bribe, they may also be subject to the Act. See: http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm01018.htm for more information.

In addition to the FCPA, you may also be risking possible arrest and imprisonment in Kazakhstan under their criminal laws as well as possibly being issued a NOID (Notice of Intent to Deny ) by the US Embassy in Kazakhstan when applying for your child's visa. For information on NOIDs see: http://www.uscis.gov/USCIS/Laws/Memoranda/Static_Files_Memoranda/Archives%201998-2008/2005/rfe021605.pdf Participation in corrupt practices can also jeopardize the future of adoptions in this country.

We encourage those in the process and those considering adopting from Kazakhstan to ask questions of your agency about any potential problems in various regions. In addition, we suggest that you contact the US Embassy in Kazakhstan for further information at USAKZ@state.gov .

We highly encourage you notify not only your agency, but the US Embassy in Almaty and the US DOS Office of Children's Issues about any unethical or unlawful conduct you are subjected to in-country. Contact information is below. If you wish for PEAR to notify these entities on your behalf, we will, but they respond more quickly when families notify them personally.

Embassy of the United States of America in the Republic of Kazakhstan:
Ak Bulak 4,
Str. 23-22, building #3, Astana 010010
Astana, Kazakhstan
Phone: +7 (7172) 70-21-00
Fax: +7 (7172) 34-08-90
email: USAKZ@state.gov

The U.S. Embassy Branch Office in Almaty:
97 Zholdasbekov St.
Samal-2
Almaty, Kazakhstan 480099
Phone: +7 (7272) 50-76-12
Fax: +7 (7272) 50-48-67

Office of Children's Issues
U.S. Department of State
2201 C Street, NW
SA-29
Washington, DC 20520
Tel: 1-888-407-4747
Email: AskCI@state.gov


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

Russia Homestudy Providers Missing Post Placement Reports

Today, an updated list of Homestudy Providers with Missing Post Placement Reports in Russia was posted. The official Russian MOE statement is here. The official list of Providers missing reports is here.

The Russian MOE advises the regional databank operators not to accept post placement commitments from the Homestudy Providers on this list.

PEAR has translated to English the receiving Country names and the Russian Region names. We created a USA only list have organized by US State to make it easier to use by families and Providers.

You can find the new translated lists on our website under the "Special Resources" tab on the Archives page or by following these links:
List of USA Providers
List of All Providers Worldwide

For Adoption Service Providers:
We are aware that some Homestudy Providers have worked hard to submit or re-submit the post placement reports that are listed as missing. US Homestudy Providers that need assistance in this matter should follow the guidelines of the US Embassy in Moscow. Addresses for the regional databank operators are here in both Russian and English.

For Families in Process of a Russian adoption:
Please be aware if your Homestudy Provider is listed, it is possible that your homestudy and post placement commitment will not be accepted by the region, or by the judge at court. You should speak to your Placing Agency for advice, and your Homestudy Provider to see if they are taking steps to submit the missing reports. You may need to locate another Homestudy Provider to complete your adoption in a timely fashion.

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

USCIS/DOS Joint Statement: U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment

U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) and the Department of State today issued a joint statement on the decision to suspend processing for new adoption cases based on abandonment in Nepal.

Joint Statement

In order to protect the rights and interests of certain Nepali children and their families, and of U.S. prospective adoptive parents, the Department of State and U.S. Citizenship and Immigration Services (USCIS) have jointly decided to suspend adjudication of new adoption petitions and related visa issuance for children who are described as having been abandoned in Nepal.

The Department of State’s recent interactions with the Government of Nepal and its efforts to review and investigate numerous abandonment cases, including field visits to orphanages and police departments, have demonstrated that documents presented to describe and “prove” the abandonment of children in Nepal are unreliable. Civil documents, such as the children’s birth certificates often include data that has been changed or fabricated. Investigations of children reported to be found abandoned are routinely hindered by the unavailability of officials named in reports of abandonment. Police and orphanage officials often refuse to cooperate with consular officers’ efforts to confirm information by comparing it with official police and orphanage records. In one case, the birth parents were actively searching for a child who had been matched with an American family for adoption. Because the Department of State has concluded that the documentation presented for children reported abandoned in Nepal is unreliable and the general situation of non-cooperation with and even active hindrance of investigations, the U.S. Government can no longer reasonably determine whether a child documented as abandoned qualifies as an orphan. Without reliable documentation, it is not possible for the United States Government to process an orphan petition to completion.

To the best of our knowledge, all other countries that had been processing adoption cases from Nepal have stopped accepting new cases due to a lack of confidence that children presented as orphans are actually eligible for intercountry adoption.

The suspension of adjudication of new adoption petitions on behalf of Nepali children reported as found abandoned is effective as of the date of this statement. Any petition filed for a child who has been presented as found abandoned and who was matched with a prospective adoptive parent prior to the date of this announcement, as evidenced by an official referral letter from the Government of Nepal, will continue to be adjudicated on a case-by-case basis and in light of the totality of the evidence available. The Department of State will reach out to prospective adoptive parents who meet this criteria. Petitions that continue to be adjudicated will only be approved if they are supported by reliable evidence. Every effort will be made to process their cases as expeditiously as possible with the best interests of children in mind.

Last updated:08/06/2010

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c720992b8144a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Or Tiny url: http://tinyurl.com/USCISNepalNotice

FAQs can be found here:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b170992b8144a210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Or Tiny URL: http://tinyurl.com/USCISNepal-FAQs

PEAR will issue a statement discussing the suspension shortly.

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

PEAR has added Kansas and District of Columbia to State Adoption Resources

The Kansas Directory of Adoption Resources for use pre- or post-adoption is now available. This concludes the third series (Midwest states).

District of Columbia Directory of Adoption Resources from the fourth series (Northeast states) is now available. Check back soon for directories from Virginia, Maryland, New York, New Hampshire and Vermont slated to be released this year.

You can freely download the pdfs at http://www.pear-now.org/resources.html

Each directory is divided into 4 sections:

Health contains Early Intervention information and licensed practitioner listings. Each listing has a designation for specialty or service. See the index at the beginning of each document for definitions. Residential Treatment Centers are included here.

Education contains tutoring, remediation, specialized schools & interventions by non-licensed practitioners.

Bureaucracy contains information about (details vary by state):
•Apostilles & Authentications
•Better Business Bureau
•Criminal background checks
•Recognition of foreign birth, delayed certificate of birth, and/or readoption
•Filing complaints
•Hague Convention information (due diligence and complaints)
•Licensed agency list or checks
•License checks for health professionals
•Medicaid waiver
•Notary
•State statutes on adoption
•Social Security offices/how to obtain card
•State adoption subsidy
•USCIS
•Vital records (birth, marriage & divorce cert.)

Support contains state-based support groups, web-support, and organizations. Respite care is also included here.

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