Russia and Guatemala: a legislative update

Guatemala

In May 2010, a large number of families representing the Guatemala 900, an advocacy network for families whose cases still await processing, came to Washington, D.C. and held a briefing for Members of Congress. During this briefing, adoptive families laid out reasons why these cases continue to be delayed as well as ways Members of Congress might act on their behalf. Motivated by the passion and commitment of these families, several members including Senators Boxer (D-CA), Senator Lautenberg (D-NJ) and Senator Feingold (D-WI) have been actively engaged in efforts to unite these families with their children. In late June, 76 Members signed a letter to President Colom and three other high ranking officials asking for them to take immediate action to resolve these cases.

Russia

Over the past several months, the U.S. State Department has been involved in negotiations with officials in Russia . These negotiations have been focused on coming to a memorandum of understanding between the two countries on additional safeguards that can be put in place to better protect adopted children and their families. For the most part, the dialogue between the two countries, has been positive and it is hoped a final agreement can be reached and signed soon. The events leading up to the current situation in Russia, most notably the case of the 8 year old returned to Russia by his adoptive mom, has prompted Members of Congress to introduce legislation to strengthen pre- and post-adoption support services for American adoptive families. The Supporting Adoptive Families Act (introduced by Senators Landrieu (D-LA), Klobuchar (D-MN), Brownback (R-KY) and Johnson (D-SD) would develop and expand training and resources for families adopting domestically or internationally, ensuring that both parents and children have the assistance and care they need to remain together. The bill would also address the current shortage of adoption services available to families prior to and following adoptions.

Immigration, Accreditation, and Intercountry Adoption

In continuing with our series of legislative updates on international adoption, read below to learn about immigration and accreditation:

Senator Amy Klobuchar (D-MN) has been working on passing a piece of legislation entitled the “International Adoption Simplification Act” (S. 1376). Under current law, children adopted from non-Hague countries are able to waive certain immigration-related immunization requirements. Also, children adopted from non-Hague countries who are between the ages of 16 and 18 are eligible for an orphan visa so long as they are being adopted as part of a sibling group. Under Klobuchar’s bill, adoptees adopted from Hague countries would be afforded these same protections. S. 1376 passed the Senate on July 26, 2010 and has been sent to the House for its consideration.  On June 21st, 2010, Rep. Zoe Lofgren (D-CA) introduced the “International Adoption Harmonization Act” which allows an adopted child to legally immigrate so long as the adoption is completed and the petition is filed before the child turns 18.  This bill would also allow children adopted from Hague countries to be exempted from certain immigration related vaccination requirements. This bill passed the House of Representatives on July 20th, 2010 and is awaiting Senate consideration.

Over the last year, several Members of Congress, most notably Senators Lugar (R-IN), Landrieu (D-LA) and Inhofe (R-OK) and Congressman Albio Sires (D-NJ) have been studying the issue of fraud and abuse within intercountry adoption. In an effort to better understand this issue, these members have held several meetings and community-wide discussions about the degree to which corruption is a part of the current system and ways that federal law might be used as a shield against such abuses. As a result of these efforts, Congressman Albio Spires has announced his intent to sponsor legislation that would require all adoption agencies, regardless of whether they work in a Hague or Non-Hague country, to be accredited by the U.S. State Department. Often referred to as “universal accreditation,” such a proposal would do away with the dualtrack system currently in place in the United States and replace it with a universal system of standards.

Talked out of foster care adoption?

Stephanie Wang-Breal, the filmmaker behind POV’s adoption documentary, Wo Ai Ni (I love you) Mommy that premiered last night on PBS, has taken her new knowledge of adoption and become an advocate for the world’s orphans.  In the weeks leading up to the premier of Wo Ai Ni (I love you) Mommy, Stephanie began posting adoption and foster care trivia on her facebook page to see what the general public’s understanding of these issues really is.  The responses to one of her posts was upsetting, in the least.

Stephanie posted, “FACT: 123,000 children and youth in foster care are available for adoption because parental rights have been terminated; however, only 55,000 children are adopted each year.”

Below are the responses that 2 readers posted:

“We would have been happy to adopt domestically [from foster care], but I got the cold shoulder from everyone I ever contacted about it, and a few in the field even went so far as to talk us out of it. Why? They really need to work out a new system, and soon!!! It’s just not working the way it is now.”

“We were also talked out of it! We were thinking of fostering to adopt and were told that rarely happens. Almost gave up with adoption until we ran into a friend that had adopted from China.”

The Dave Thomas Foundation for Adoption, based on the findings from their 2007 Adoption Attitudes Survey, recommends that “adoption agencies and practitioners need to be informed about the critical nature of responding to initial contact from those interested in adopting and supporting their efforts to drive accountable, results-driven quality customer service, from initial phone call to post-adoption support.”

But why is there such a difference in how prospective adoptive parents (PAPs) are treated in foster care adoption versus international adoption?

The National Child Welfare Resource Center for Adoption published an article last year that argues the difference is simple: customer service.  Public workers lack the customer service that private adoption agencies who provide international adoption services have.  In foster care adoption, the client being served is the child who lacks the power and voice to advocate.  However, in international adoption the client is the PAP, who comes with a determination to adopt a child, ability to advocate and involve other powerful individuals in the process, and the funding to finance the entire process.

This raises the question, what can we do to encourage policy makers to address this problem?  If customer service was improved for foster care adoption, would we see an increase in the number of adoptions out of foster care, and ultimately less of our country’s children waiting in foster care for a family?

Adoption documentaries premier 8/31

POV is launching a series of adoption documentaries to air August 31st, September 7th, and September 14th on PBS.  (Be sure to check your local listing or click here).  The first film, Wo Ai Ni (I love You) Mommy by Stephanie Wang-Breal follows a Long Island Jewish family as they travel to China to adopt an 8 year old orphan.  The film shows the struggles Sui Yong faces as she leaves her Chinese foster family and adjusts to life in America.  Through her eyes, we witness what it feels like to be adopted by a loving, yet foreign American family and culture.

Be sure to read the filmmaker’s interview to learn about her inspiration for the film and her experience coming to know this family.  Stephanie shares, “Adoption is complicated. In this case, Faith gains a new family, but she loses a very loving foster family. She gains a new language, a new home, a new sister and brother, but she loses her birth language and access to her culture. As we see her blossom, we also see her shed something that we all want her to hold dear. I hope that people realize that, although it’s great that she’s developing into this new human being, her journey is also very complicated. There are all these losses at the same time, for everyone, even for [the adoptive parents].”

Synopsis:

What is it like to be torn from your Chinese foster family, put on a plane with strangers and wake up in a new country, family and culture? Stephanie Wang-Breal’s Wo Ai Ni (I Love You) Mommy is the story of Fang Sui Yong, an 8-year-old orphan, and the Sadowskys, the Long Island Jewish family that travels to China to adopt her. Sui Yong is one of 70,000 Chinese children now being raised in the United States. Through her eyes, we witness her struggle with a new identity as she transforms from a timid child into someone that no one — neither her new family nor she — could have imagined. Click here to read more.

What’s new in international adoption?

The months leading up to the annual August recess are always very busy ones, most especially in the second session of Congress.  This year is no exception.  Congress’ hefty agenda the past few months involving health care, the financial sector, and oil spill response has not stopped Congressional leaders in adoption from pursuing introduction and passage of key international adoption measures nor deterred them from fulfilling promises to serve as advocates for adoptive parents hoping to adopt from Guatemala, Russia, Uganda, and Nepal.

Check back over the next 2 weeks for a series of posts focused on individual countries and international adoption in general.  Read below for our first post on one of the many initiatives that have been underway on Capitol Hill in recent months.

Haiti

According to the most recent figures from USCIS, approximately 1300 Haitian children were approved to enter the U.S. as part of the Agency’s post-earthquake humanitarian parole policy. The immigration of these children into the United States has thus far required that USCIS employ a series of policies and procedures most often used when addressing the needs unaccompanied alien children.

The Administration has done everything they can within the existing letter of the law to put these children into the position they would have been had the earthquake never occurred.  Motivated by this same goal, Congressman Fortenberry (R-NE) and Senators Gillibrand (D-NY) and Inhofe (R-OK) introduced legislation entitled “Helping Haitian Immigrants to Immigrate Immediately Act” or the HELP Haiti Act (HR 5283/S. 3411). This bill allows the nearly 1300 children who after the earthquake entered the United States for the purpose of adoption to become legal permanent residents. Without this legislation these children and their families would be subject to a two to four year immigration process and in the interim would be deprived of the benefits of having a permanent status in the United States.

Families who are in the process of adopting these children have already faced issues with adding these children to their health insurance, enrolling in school, and obtaining other benefits which are based on immigration status.  This bill passed the House of Representatives on July 20, 2010 and was agreed to by unanimous consent in the Senate on August 4, 2010.

Leigh Anne and Sean Tuohy release In a Heartbeat to share their story

Yesterday, Leigh Anne and Sean Tuohy of the award winning movie The Blind Side and 2009 National Angel in Adoption, released their book In a Heartbeat: Sharing the Power of Cheerful Giving. In the book they directs reader to visit the Making It Happen Tuohy Family Foundation website, which lists CCAI as a charitable organization to support.  Read the below synopsis of the Tuohy’s book from Barnesandnoble.com:

For the first time, the remarkable couple depicted in The Blind Side tells their own deeply inspiring story.  First came the bestselling book, then the Oscar-nominated movie—the story of Michael Oher and the family who adopted him has become one of the most talked-about true stories of our time. But until now, Leigh Anne and Sean Tuohy have never told this astonishing tale in their own way and with their own words.

For Leigh Anne and Sean, it all begins with family. Leigh Anne, the daughter of a tough-as-nails U.S. Marshal, decided early on that her mission was to raise children who would become “cheerful givers.” Sean, who grew up poor, believed that one day he could provide a home that would be “a place of miracles.” Together, they raised two remarkable children—Collins and Sean Jr.—who shared their deep Christian faith and their commitment to making a difference. And then one day Leigh Anne met a homeless African-American boy named Michael and decided that her family could be his. She and her husband taught Michael what this book teaches all of us: Everyone has a blind side, but a loving heart always sees a path toward true charity.

Michael Oher’s improbable transformation could never have happened if Leigh Anne and Sean Tuohy had not opened their hearts to him. In this compelling, funny, and profoundly inspiring book, the Tuohys take us on an extraordinary journey of faith and love—and teach us unforgettable lessons about the power of giving.