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.

One Former Foster Youth Transitions to Life on Capitol Hill

In the early month April, I was preparing for my summer internship in Washington, DC.  As I boarded the airplane on May 29th leaving Clearwater, Florida, I remembered saying, “this is just the beginning of a new life.”  I had just graduated with my Bachelor’s and was ready to start my career fighting for foster youth in our nation’s capital.

During my first week in Washington, I thought it would be hard to adjust with no family or friends around. However, as the days went on, I realized that it was time for me to go after my dreams and truly learn through this experience.  I spent the summer interning with the Senate Finance Committee and being a part of the policy world.

As the end of my internship neared, I was faced with a tough decision of staying in DC to pursue my dream, or returning home to my siblings and friends and the only life I only ever knew.  I decided this was my chance to make something happen for myself, and I approach my supervisors expressing my interest to stay in the position longer.

I’m excited to report that for three weeks now I have been working as a “Deputy Intern Coordinator Assistant”.  I could not be where I am today without the experience I had this summer as a FYI Intern.  I was forced out of my comfort zone and have conquered many fears that ultimately led me  to reach this goal I had set of obtaining a permanent job in DC.

Fellow 2010 FYI Interns, you guys encouraged me to be steadfast in my dreams and not let anything get in my path!  There were days, many of you made me laugh, but most importantly, you all showed your love and passion to make a difference within the child welfare system.  Together, we can make a change and provide hope to the thousands of children in foster care.  Just remember, no matter where you are, or what you’re going through, we are family and family stick together.

CCAI, thank you for believing in us and opening our eyes to the world of endless opportunities made available!  Five years ago, I would have thought I was dreaming!  But, because of you, I have been exposed to a new world of opportunities, new life journey and a forever family. Because of your endless dedication, I have been given an adopted family (always dreamed of), through Carri.  Thank you so much.  This allowed me to see how God works and realize those who surround me, truly care and want to see me proposer.  Because 5 years from now- you will know you had a part of my success!

-Nicole Marchman, 2010 Foster Youth Intern

2010 Foster Youth Interns Leave Their Mark on Capitol Hill

CCAI is proud to announce the release of the 3rd annual policy recommendations report authored by the 2010 Foster Youth Internship Class.  Nicole, Sam, Jeremy, Serena, LaTasha, Markus, Wendy, Josh, and Victor spent their summer in DC reading reports and analyzing legislation related to 3 major topics in child welfare: Federal Financing, the Adoption and Safe Families Act, and the Chafee Foster Care Independence Act.  This report is their way to forever leave their mark on federal policymakers.

These individuals arrived in DC with passion and a purpose: to improve the foster care system for their 463,000 brothers and sister in care.

Markus spent his summer learning about the Adoption and Safe Families Act.  It was 2 years after he had aged out of the California foster care system before he even learned that there is such as thing as foster care adoption.  He spent 16 years in foster care not knowing that kids were adopted from foster care, or that this could have been an option for him.

Wendy chose to spend her summer studying federal financing of the foster care system.  She entered care after years of watching her widowed father struggle with grief and later alcoholism.  Wendy’s frustration was that had her father known about services available to them, she and her siblings could have avoided being placed in foster care.

As you read through the pages, remember the 9 individuals who made themselves vulnerable in sharing their personal stories.  They have spent a collective 81 years in the foster care system and have many ideas to share about how to improve the system.