Wednesday, March 26, 2014

Children Pay the Price When Adoption Declines

Sharp Decline Continues in International Adoptions

  March 25, 2014
international adoption decline sad orphanThe Annual Report on Intercountry Adoption was released by the US State Department on Friday. The State Department is mandated by law to track international adoption statistics and it is highly anticipated by international adoption advocates. . For the NINTH year in a row, the report revealed a sharp decrease in the number of children being placed in permanent, loving families through international adoption. It is a sad reality that while the number of adoptions decreases, the numbers of children in need does not follow suit. International adoption is not the answer for all children in need, but for those parentless children who are unable to have a permanent family in their country of origin, international adoption is not only a viable option, but a necessary one.
As we reviewed the report at our weekly staff meeting yesterday, MLJ Adoptions team members experienced sadness and dismay. In 2013, intercountry adoption by US citizens decreased by 18% to 7,094 children over 2012. This decrease is the largest we have seen since the 27% drop in 2009 (following the implementation of the Hague Convention), and the second largest in the past 10 years. This was down from the high in 2004 of 22,884 placements. We are all keenly aware that each of those points of decline could represent a child languishing in an institution without the benefits of a permanent, loving family.
There are a multitude of causes for the decline and no stakeholder in international adoption is immune to blame. Sending countries have thrown up obstacles to the completion of adoptions within their borders. Russia, which had been third on the list in 2012, contributed to the decline by implementing its full ban on international adoptions. Additionally, distrust between sending and receiving countries and skepticism drastically reduced the number of adoptions finalized in countries such as Ethiopia.
Adoptive parents contribute to the sending countries unease and lack of support for international adoption by not fulfilling post adoption report requirements. Without assurances that their children are being well-taken care of, sending countries are reluctant to implement procedures facilitating international adoption. Adoption service providers may also work against each other in efforts to advocate for their client families. Well-intentioned or not, these actions can bring undesirable attention to the international adoption process and add to the mistrust that exists in the sending countries’ decision-making bodies.
Our own State Department has also played a part in the decline. In this AP article, Chuck Johnson, CEO of the National Council of Adoption, contended that some of the decline stems from the way in which the State Department implemented the Hague Convention on Inter-Country Adoption. Although, the agreement was intended to prevent fraud and corruption and allow for an increase in adoptions, they actually continued to decrease after its implementation. “The U.S. has encouraged and in some cases strong-armed impoverished countries to sign the Hague Convention and then cites their inability to comply with strict Hague standards as a reason for not doing intercountry adoption with them,” Johnson said.
Despite these roadblocks, our sadness and discouragement turned to resolve, determination and hope. We passionately believe that every child is born with the human right to a family and we are firmly committed to improving the climate for international adoption through advocacy and collaboration so that all the world’s children can achieve this right.
CHIFF (1)We fervently support Children in Families First (CHIFF), a bill introduced in Congress last year that requires a priority be placed upon getting children into loving, permanent homes through family preservation and reunification, kinship care, and domestic and international adoption. If passed, we believe this bill will be instrumental in improving the climate for international adoption and streamlining the process.
IF CHIFF is passed by the US Congress, we believe that the tide will change for international adoption. The Annual Reports on Intercountry Adoption released in the coming years by the US State Department will tell a much different story. MLJ Adoptions team members will continue to strive to reach the day when we can cheer the release of this report for the children in need. Most importantly of all, though, we will continue to serve the children that are represented by these numbers.
MLJ Adoptions has international programs in Bulgaria, Congo, Haiti, Honduras,  Mexico, Nicaragua, Samoa and Ukraine. For more information about these programs click here.
- See more at: http://www.mljadoptions.com/blog/sharp-decline-continues-international-adoptions-20140325#sthash.A4kZXhBW.dpuf

Friday, March 21, 2014

Are finances standing in your way of Adoption???

Affording Adoption is Possible

affording adoption is possibleWhat is holding you back from your adoption dreams? Recently my colleague Lydia Tarr brought some research to my attention. A survey had found that 26% of adults (and 38% of church going adults) had considered adopting a child, but only 2% have ever followed through. Knowing the enormous need and the deep hurt of children living without families around the world, I am inspired to speak out more about adoption to help people realize that they can do it. The things holding you back probably are not nearly as big as you think they are.
Finances always seems to be the biggest concern. The many professionals and government processes and entities necessary to complete adoption do bring a significant cost. The large number can be intimidating, but you don’t need $30,000 to start an adoption. Once the home study step is complete, there are a number of grants for which you can apply. More information about different grants and creative fundraising can be found in our Affording Adoption guide available once your application is on file. You can get a good start with the Affording Adoption seminar offered live on a regular basis or through this YouTube video.

I recently got to share a little bit about how I afforded an international adoption as a single woman (who works in social services) on the Pete the Planner radio show. While fundraising and gifts from my parents (eager to meet their newest grandson) were a part of that, I also took out an adoption loan. When I bought a car, I need a loan. While I bought a used car, it was constantly depreciating in value. My child, on the other hand, is priceless and worth every penny spent and all stress endured to bring him into my family. Beyond that, there are options for adoption-specific loans that have little to no interest. With the federal adoption tax credit, that can easily be paid back.
What is holding you back from starting the process to add to your family through adoption? There is a child that needs you. There are millions of children that desperately need families to love and protect them. You could be that family for one child? In comparison to the loneliness, vulnerability, and poverty they face, the hurdles that hold us back from adopting seem little more than stumbling blocks. I know how overwhelming it can be, but please let us – let me -  show you the resources available to make it doable both in getting through the process and parenting after adoption. It is my personal priority to encourage, equip, and empower you to achieve the goals most meaningful to you and I am always extra motivated when a vulnerable child is involved.

- See more at: http://www.mljadoptions.com/blog/can-afford-adoption-20140317#sthash.baPSvWNC.dpuf

Monday, March 17, 2014

Waiting is the Hardest Part of Most Adoptions!

Waiting Well During The International Adoption Process


24
Apr
I was inspired to write this blog when in Haiti I heard the term “Waiting Well” in reference to the international adoption process. While the wait during an adoption process may seem insignificant and a small part of the process, it is not.



During your adoption process you may receive a referral (picture and medicals on a child that will potentially be your legally adopted child) and then have to wait months (6-24 months average international process) until the child is actually placed in your home. The wait is extremely difficult and you are bonding every day with the referral information and your “dreams” of your adoptive child. In some adoption programs, like adopting from Nicaragua or adopting from Bulgaria, your wait for a referral is 6-16 months and the wait happens without a referral and then you quickly travel to meet that child. Often during your wait, most of your paperwork has been completed and you are just waiting. However, the “just” is significant because you should not be “just” waiting. You should be WAITING WELL.

As an adoptive mother and adoption professional, I know that adoptive parents often are tired and sometimes zone out during the waiting period. But you are wasting precious time! This is the time you can prepare yourself even more for your process and prepare your home for your adoptive child.

The following are some ideas of how to Wait Well:


  1. Read all the materials from your adoption agency (newsletters & emails), even if you think they are general information and not about your specific adoption. Often these materials provide up-dated information about international adoption, immigration processes and great resources and education for the adoptive parents. MLJ Adoptions provides a monthly newsletter for all of our families in the process, a monthly newsletter to each individual program group, a client care data base with information, a forum for questions and answers, education, events and of course personal communications. These are all important in the process and parents should take advantage of these communications at all times, even during their long wait.

  2. Learn the unknowns – You may not know a lot about your future child. If you are adopting in Africa you may have very little social history on your child. However, you can still prepare for your child and know information about the potential history of your child. You can research tribes, cultural norms, languages, holidays, foods, family dynamics/hierarchy, health concerns, abuse concerns, etc. Later in life when you show your child you know about their culture and their country of birth, it will show them you value them.

  3. Education – participate in your agency’s education opportunities. Know that they are the experts in the education process for you but also read books on adoption and how to integrate your child in a health and stable way into your family. You can learn a lot about bonding and attachment and how to make your child feel secure.

  4. Be Ready – Be ready for delays or unknowns. No matter how many times this is said in the process, it is still hard for adoptive parents to be prepared for delays or unknowns. Could your child be older or younger than you anticipated? Could your child have some type of medical issue? Does your child have sensory issues? How do you prepare for something you don’t know? Continually tell yourself that you do not control the process. Also, remind yourself that approximate timelines are just that approximate. If you are told a portion of the process may take 2-4 months, do not focus on the 2 months. Also, know that after 4 months that doesn’t mean there is something wrong with your process. The hardest issue to be ready for in an adoption is the loss of a referral. This does happen in a process most often due to changes in laws, biological parents returning or governmental interventions (also death of a child can be the most extreme). This is such a difficult loss and no one can truly prepare you for this loss. We find that if you feel that you want to mitigate your chances of a lost referral you should consider adopting from Bulgaria or another Hague adoption program.

  5. Be Patient – This can be difficult as you are waiting on your child. This is one of the most exciting events of your life and being patient is not easy. It will be easier for you to be patient if you do not focus on exact timelines or dates. It is easier to be patient when you feel that your waiting time is being well used to educate and prepare yourself and your home for your adopted child.

  6. Save money and Fundraise – one of the most common hurdles to pursuing an international adoption is money. During your wait you can apply for grants, hold fundraisers and personally find ways to sacrificially save (don’t go movies, buy new clothes, etc.)


Best of luck to you! Whether you are adopting from Africa or adopting from Asia, you will want to “Wait Well”!

Photo Credit: Casey Mullins – used with permission.
For more information about MLJ Adoptions’ international adoption programs, please click here.

Wednesday, March 12, 2014

Answers concerning Universal Accreditation Act and Independent Adoptions

FAQ: The Universal Accreditation Act of 2012

http://adoption.state.gov/adoption_process/faqs/uaa_2012.php
January 16, 2013
This set of FAQs addresses changes to intercountry adoption law and practice brought about by the Intercountry Adoption Universal Accreditation Act of 2012 (UAA). The President signed the UAA into law on January 14, 2013. The new law takes effect 18 months thereafter on July 14, 2014.
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Q: What does the UAA achieve?
  • The UAA extends the safeguards provided by accreditation to orphans as defined under the Immigration and Nationality Act (INA) section 101(b)(1)(F), their adoptive parent, and birth parents.  This is accomplished by ensuring that adoption service providers are all held to the same federal standards.
  • Such accreditation ensures ongoing monitoring and oversight of adoption service providers to verify their compliance with federal accreditation standards.  This holds accredited providers accountable for failure to be in substantial compliance with the standards.
  • Safeguards under the UAA are universal because the UAA applies Hague Adoption Convention-compatible standards to both Convention and orphan cases.
Q: Why have federal standards in intercountry adoption?
  • Before the Intercountry Adoption Act of 2000 (IAA), adoption service providers in intercountry adoption were exclusively regulated by state law.
  • State licensing authorities in the 50 states have different standards; some have few specific standards governing intercountry adoptions, especially relating to agencies’ conduct abroad.
  • Many state licensing authorities have been unable to hold service providers accountable for illicit practices in intercountry adoption cases.  State laws may not apply to the activities of licensed agencies outside the United States, and states often lack the resources to investigate and take action against agencies involved in such cases.
  • The UAA provides for uniform standards and accountability for service provider conduct regardless of whether the case falls under the Hague Adoption Convention or under the orphan process.
Q: What is accreditation?
  • In this context, accreditation is the evaluation and certification process of recognizing that an adoption service provider’s practice substantially complies with federal standards of practice.  It is a transparent process involving assessment of the agency’s or person’s compliance with the accreditation standards, a site visit by the accrediting entity, and other inputs.  More information on the accreditation process is available on the COA website
  • The system used to make accreditation decisions is described in the Substantial Compliance System document available at the following link:  Substantial Compliance System.
Q: Who needs to be accredited or approved?
  • Starting July 14, 2014, any agency or person providing adoption services in intercountry adoption cases involving orphan children (as defined under INA 101(b)(1)(F) - scroll down to letter (F) in this link), and Convention adoptees (as defined under INA 101(b)(1)(G) - scroll down to letter (G) in this link) must be accredited or approved, or be a supervised or exempted provider.  The only exception concerns cases covered by the transition rule.  See the question on grandfathering, below. 
  • The definition of adoption services includes:
    • Identifying a child for adoption and arranging an adoption;
    • Securing the necessary consent to termination of parental rights and to adoption;
    • Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study;
    • Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child;
    • Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
    • When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement.  22 CFR 96.2 Definitions.
 


Q: What happens on the effective date if the adoption service provider is not accredited or approved?
  • Agencies and persons not credited or approved, supervised, or exempted by the regulations, may not provide any of the named adoption services after the UAA effective date.  The six adoption services are:
    1. Identifying a child for adoption and arranging an adoption;
    2. Securing the necessary consent to termination of parental rights and to adoption;
    3. Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study;
    4. Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child;
    5. Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
    6. When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement.  22 CFR 96.2 Definitions.
  • The regulations make clear that “an agency or person may not offer, provide, or facilitate the provision of any adoption service in the United States…unless it is
    1. An accredited agency or an approved person;
    2. A supervised provider; or
    3. An exempted provider, if the exempted provider’s home study or child background study will be review2ed and approved by an accredited agency pursuant to 22 CFR 96.47(c).”  22 CFR 96.12(a). 
  • Agencies or persons that continue to provide adoption services without accreditation, supervision, or exemption, are subject to the civil and criminal penalties in the IAA.  Civil penalties include fines up to $100,000 and criminal penalties include fines up to $250,000 or imprisonment up to 5 years or both.  IAA Section 404. 
 
Q: What does it mean to accredit agencies and to approve persons?
  • The IAA distinguishes between agencies and persons.
  • The U.S. accreditation regulations define an agency to mean: 
    • Agency means a private, nonprofit organization licensed to provide adoption services in at least one State.  22 CFR 96.2
  • The U.S. accreditation regulations define a person to mean:
    • Person means an individual or a private, for-profit entity (including a corporation, company, association, firm, partnership, society, or joint stock company) providing adoption services.  It does not include public domestic authorities or public foreign authorities.  22 CFR 96.2
Q: Does every agency/person need to be accredited/approved? What if an agency only provides a small part of the adoption? Does it still need to be accredited?
  • The US accreditation regulations (22 CFR 96.12(a)), the IAA, and the UAA clarify that in Convention adoption cases and in orphan process cases “an agency or person may not offer, provide, or facilitate the provision of any adoption service in the United States…unless it is<
    1. An accredited agency or an approved person;
    2. A supervised provider; or
    3. An exempted provider, if the exempted provider’s home study or child background study will be review2ed and approved by an accredited agency pursuant to 22 CFR 96.47(c). 
  • Only six specific adoption services require accreditation or approval.  The six adoption services are:
    1. Identifying a child for adoption and arranging an adoption;
    2. Securing the necessary consent to termination of parental rights and to adoption;
    3. Performing a background study on a child or a home study on a prospective adoptive parent(s), and reporting on such a study;
    4. Making non-judicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child;
    5. Monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption; or
    6. When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement.  22 CFR 96.2
  • 22 CFR 96.13 lists circumstances in which accreditation or supervision is not required.  Additionally, cases covered by the UAA transition rule are exempted. 
Q: What if an agency or person just doesn't want to be accredited/approved but wants to keep helping families adopt abroad?
  • The IAA permits non-accredited adoption service providers to provide Convention adoption services if supervised by an accredited agency. The UAA permits this practice in orphan cases.
  • Each supervised provider operates under a written agreement between the accredited provider and the supervised provider complying with 22 CFR 96.45. 
  • The accredited agency supervising the non-accredited agency subjects itself to adverse action, which may include suspension or cancellation of its own accreditation, if it doesn’t appropriately supervise.
Q: What about cases already in process? Are there "grandfathering" provisions in the UAA?
  • The UAA’s accreditation requirement does not apply if either of the following occurred before July 13, 2013: 
    • Prospective adoptive parents filed the I-600 or the I-600A (See UAA Section 2(c)(1)); or
    • Prospective adoptive parents “initiated  the adoption process with the filing of an appropriate application in a foreign country sufficient such that the Secretary of State is satisfied.” (See UAA Section 2(c)(2).
In practical terms, this means that a consular officer or a Department of State CA/OCS Adoption Division officer finds that the prospective adoptive parents submitted an application to the relevant competent authority or that the prospective adoptive parents accepted a match proposed by a competent authority or appropriate entity.
Interpretive Guidance for the transition provisions in UAA Section 2(c)(2):
The following guidance informs the analysis of Consular officers abroad and Department CA/OCS Adoption Division officers in determining whether the transition provisions in UAA Section 2(c)(2) apply in specific cases.  When the transition provisions apply, the case is grandfathered and the accreditation requirement of the UAA does not apply.
  • In cases covered by the transition provisions in UAA Section 2(c)(1), you need not consider whether the case is also covered by Section 2(c)(2).  If you engage in the analysis under Section 2(c)(2), you should find a case grandfathered if one of the following occurred before July 13, 2013:
    1. Prospective adoptive parents submitted an application to the relevant competent authority; or
    2. Prospective adoptive parents accepted a match proposed by a competent authority or appropriate entity.
An application filed with a competent authority need not designate a specific child.  What constitutes an application will vary from country to country.  You should consider the country-specific adoption process. 
Competent authority is defined in 22 CFR 96.2 and means “a court or governmental authority of a foreign-sending country that has jurisdiction and authority to make decisions in matters of child welfare, including adoption.”
  • This must be a court or governmental authority.
  • Focus is on a competent authority with jurisdiction and authority at the time the application was filed.  Whether the authority is still in operation or still has jurisdiction later in the process is irrelevant.
Appropriate entity, on the other hand, includes a licensed orphanage or adoption service provider (ASP) authorized by the country to make the placement decision and to care for the child.
  • Contracting with or submitting documents to an adoption service provider is not sufficientPAPs contracting with an ASP or submitting documents to the ASP shall not be construed as meeting Section 2(c)(2).
  • The date of the match can generally be inferred from any official records of the placing agency concerning the match or from contemporaneous records of the adoption service provider.  If that is not available, you may consider other credible evidence.  If you cannot determine the date of match, the match cannot be the basis for grandfathering the case.
Q: What are the safeguards resulting from Hague accreditation?
  • The IAA and the regulations implementing the Hague Adoption Convention protect against illicit activities and practices of the past that threatened the best interests of children.  Key protections include:
    • Children may not be obtained for adoption through sale, exploitation, abduction, and trafficking;
    • Parents receive training in advance of the adoption to understand what to expect when raising an adopted child and prepare them for some of the challenges;
    • The agency or person must ensure that intercountry adoptions take place in best interests of children;
    • Fees must be transparent for services performed both in the United States and abroad and may not result in improper gain for the service provider;
    • U.S. Department of State-appointed accrediting entities monitor and assess accredited agency compliance with federal standards;
    • Accrediting entities ensure accountability when accredited agencies do not comply with the standards by taking appropriate adverse actions against them and may suspend or cancel their accreditation;
    • Accrediting entities ensure that accredited agency personnel are qualified and appropriately trained and provide adoption services in an ethical manner;
    • Accredited agencies must respond to complaints about their services and activities and may not retaliate against clients who complain.
Q: Where can I find additional information about accreditation and approval?
Q: Can I complete the intercountry adoption process doing an independent adoption* in which I do the adoption work myself without the help of an accredited or approved provider?
  • No.  An accredited or approved primary provider is required in every intercountry adoption case, unless a public domestic authority is providing all of the adoption services.  The primary provider is responsible for ensuring that all six adoption services are provided in accordance with the Convention and applicable laws and regulations.  The six adoption services can be provided by the primary provider itself or by an agency or person supervised by the primary provider, or by an exempted provider.  Prospective adoptive parents acting on their own behalf do not require accreditation, approval, or supervision unless such conduct is prohibited by State law or the law of the country of origin of the child being adopted.  Under the (UAA), the requirement for a primary provider applies whether you are adopting from a Convention or a non-Convention country. 
    For more information on the Six Adoption Services, see the FAQ on What happens on the effective date if the adoption service provider is not accredited or approved?
    See the FAQ on Using Facilitators.
    * The term independent adoption is used in different ways depending on the context.  In this example, the question refers to cases in which the prospective adoptive parent engages personally to complete an adoption abroad with or without the assistance of unaccredited or unapproved facilitators in the United States or abroad.
Q: I plan to adopt from a non- Convention country with the help of a U.S. facilitator with connections and partners in the country of origin. This facilitator is not accredited or approved and insists he does not need to be accredited. Will I be able to complete the intercountry adoption process with just the facilitator's help?
  • No.  An accredited or approved primary provider is required in every intercountry adoption case, unless a public domestic authority is providing all the servicesA facilitator who is not accredited or approved cannot be a primary provider or provide any of the six adoption services without supervision by an accredited agency or approved person or without being an exempted provider.  The facilitator’s assertions alone that he/she does not need accreditation or approval are not sufficient to exempt him/her from the requirement.  The key is whether his/her activities fall under the definition of adoption service in the law.  For more information on what an adoption service is, see the FAQ on Who Needs to be Accredited or Approved, or 22 CFR 96.2, Definitions.  The requirement for a primary provider in non-Convention orphan cases under INA section 101(b)(1)(F) takes effect on July 14, 2014.  
    The reason for requiring accreditation, approval, or supervision of adoption service providers, often including facilitators, is to ensure accountability and uniformly high standards of conduct.  In the past, some facilitators have engaged in illegal or unethical practices, obtaining children for adoption illicitly through child buying, child abduction, deception, or other means that exploited the poverty and lack of sophistication of birth mothers and orphanages.  U.S. accreditation standards combat those illicit practices by requiring accountability both to State licensing authorities applying State standards and to accrediting entities applying Federal standards.  Having a primary provider in every adoption case ensures that one agency or person has ultimate responsibility for the proper and effective provision of adoption services.  
     
    See the FAQ on Independent Adoptions.
Q: Some organizations provide case management services for intercountry adoption cases. These organizations identify agencies or persons to provide adoption services but don't provide any adoption services themselves. Do these case management service organizations (CMSOs) require accreditation, approval, supervision, or exemption to provided coordination services?
  • If the CMSO provides none of the six adoption services in the case, it does not need to be accredited, approved, supervised, or exempted.  For example, if the CMSO locates a child placement agency to work with prospective adoptive families, but does not itself perform any of those child placement services that make up parts of the six adoption services it would not be required to be accredited, approved, or supervised.  Likewise, if the CMSO locates an agency or person to provide post placement monitoring of the case before the adoption is final, but doesn’t itself provide any monitoring or other adoption services in the case, it does not need to be accredited, approved, or supervised. 
    CaveatCMSOs are Not Primary Providers.  A CMSO may not be the primary provider in an adoption case unless it is accredited or approved.  Its coordination role must not be confused with the responsibility of the primary provider to ensure that all of the six adoption services are provided in accordance with applicable law and regulations. 
    See the FAQ on Independent Adoptions and Using Facilitators.
Q: Do prospective adoptive parents need to work with an accredited or approved adoption service provider in cases begun on or after July 13, 2013 and before July 14, 2014?
  • A:  No.  Up until July 14, 2014, when the Universal Accreditation Act enters into effect, unaccredited adoption service providers (ASPs) may provide adoption services in orphan cases.  The UAA created a transition period ending on July 13, 2013.  Orphan adoption cases begun before July 13, 2013, fall under the transition provisions of the UAA and are grandfathered, that is, subject to the rules in force before the UAA.  (See the FAQ on grandfathering for details.)  Cases begun after the transition period ends but before the effective date of the UAA, are not grandfathered, but do not require accreditation either.  See the USCIS web notice on this topic. 
    Nonetheless, the Department encourages prospective adoptive families to consider accreditation planning by their ASP if they begin adoption cases following the transition period.  The Department recommends that families discuss early on with their ASP whether it intends to obtain accreditation or approval, and how it plans to ensure continuity in their case after the UAA enters into effect on July 14, 2014. 
    There are risks associated with beginning an adoption case on or after July 13, 2013, with an unaccredited or unapproved ASP.  If the provider does not obtain accreditation/approval and the case is not completed before July 14, 2014, the ASP will be required to stop providing adoption services until it can obtain accreditation or approval or otherwise meet the requirements of the UAA.  Noncompliance with the accreditation law subjects the ASP to the civil and criminal penalty provisions of the Intercountry Adoption Act of 2000.
If you have further answers you can contact Lydia Tarr at lydia@mljadoptions.com concerning your Ukrainian adoption.

Tuesday, March 11, 2014

Many Older Children Can Have Sensory Deficits!

Early Risk Factors for Sensory Deficits


19
Nov
adoption sensory issuesSensory issues are hard for many people to understand. You may not immediately recognize sensory issues in your child, but sensory deficits often lead to behaviors that adults find problematic. For adoptive parents, it can be confusing to recognize sensory issues and not know if they indicate prenatal exposure to drugs or alcohol, lack of stimulation, autism spectrum disorder or something else. According to the most updated version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) there is no diagnosis of Sensory Processing Disorder any longer. Whether that diagnosis exists or if treatment is covered by insurance or not, adoptive parents know that meeting their child’s sensory needs can be priceless in the profound impact it can have on their ability to self-regulate, interact with the world,and even function in school. Ultimately the why becomes less important to the goal of doing whatever it takes to help our children be successful.

On the other hand, knowing risk factors allows us to be attuned to the potential for deficits in our children (adoptive And biological). Has your child (potentially) faced any of these early risk factors for sensory deficits?


Difficult Pregnancy – A pregnancy can be stressful for many reasons; even if a woman loves being pregnant she may be faced with stressors at work or life stressors like a move or job change. Substance use or domestic abuse are the stressors most commonly considered. Poor prenatal care or other health concerns could also fall into this risk factor.


Difficult Birth – There are many things that could be included in a difficult birth such as prematurity, low birth weight, Caesarean birth, neurological insult, or brain hemorrhage


Early Hospitalization – Infants that experience a difficult birth or prematurity may have to spend extra time hospitalized. Time spent in the Neonatal Intensive Care Unit or multiple medical procedures in the first few years of life can have an impact on a child’s ability to receive the sensory input needed.


Abuse and Neglect – Abuse can include physical, verbal, emotional, or sexual abuse. Neglect can include the lack of availability of food, water, and other basic needs. Neglect can also cause the child not to receiving the interaction and stimulation needed for sensory and emotional development, even when other needs are met.


Other Trauma – Traumas that can impact children other than abuse include witnessing violence, loss of parents or siblings, and other major changes. (Purvis, K., Cross, D.R., Hurst, J.R., & Milton, H. [2013]. p. 15 Trust-Based Relational Intervention: TBRI Empowering Principals [Instructor Workbook].)


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Photo Credit: tamckile
Follow our TBRI Tuesday series right here on the blog every Tuesday.

Thursday, March 6, 2014

Thinking of Adopting from Ukraine?


UAA Will Impact International Adoptions in Ukraine


Ukraine & Universal AccreditationUkraine has a long history of international adoptions. In 2003, children adopted from Ukraine were typically between the ages of 14 months and 8 years by families from various countries including Italy, France and United States. American families’ desire to adopt from Ukraine has continued over the past decade. Ukraine’s orphan crisis began to improve over the past decade due to international adoption and increased efforts for domestic adoptions. By 2008, most children available for adoption from Ukraine were over the age of 6 and often a part of a sibling group.
While adopting from Ukraine continued to be an option for families wanting to adopt from Eastern Europe, it did have its challenges. The process was changed by Ukraine government several times over the past 10 years creating delays and frustrations for many prospective parents. But the challenges were not only from government changes but even more significantly from adoptive parents themselves. Ukraine found that parents were not completing their post placement reports as they had promised and some families were not prepared for the challenges associated with raising a child that has experienced trauma and abandonment and lived in an institution.
While the Ukraine government communicated its issues and problems with American parents, the US State Department was working on a resolution. The US State Department was encouraging more and more adoption services providers to become Hague Accredited/Approved. However, many individuals that worked in Ukraine were not professional adoption service providers. The US State Department was determined to improve international adoptions and soon the US Congress passed the Universal Accreditation Act 2012 (UAA) which requires all adoption services providers to be Hague approved/accredited. The implementation of UAA prohibits the popular process of independent adoptions from Ukraine and now requires parents adopting from Ukraine (and any other country) to use a professional agency to help with their process, education, support services and post placements.
It appears there is still some confusion regarding the reach of the UAA even by Ukraine, other countries and accredited/approved agencies. However, the guidance given thus far by the US State Department indicates that any individual or organization providing any of the 6 main adoption services (home study, document preparation, child matching, and child placement) must be a Hague agency or be supervised by a Hague agency. It is clear that independent international adoptions can no longer happen. However, some parents believe that if they use a Hague agency for their home study then their adoption will qualify and they can proceed with an independent adoption after receipt of the home study. The only way the adoption will qualify for the orphan visa is if the home study agency acts as the not only the home study agency but the primary placing agency (meaning taking all liabilities and responsibilities for the entire process). It seems against best practices for any Hague agency to desire to take on the responsibility of an entire process when the only part they were knowledgeable and involved in was the home study. One of the major purposes of the Hague convention was to ensure that the entire international adoption process is supervised by a qualified adoption service provider in an effort to improve the entire process. If the UAA only required home studies by an approved/accredited agency then its implementation is minimal and has little affect.
If you are considering an international adoption, be aware that there is still confusion regarding the application of UAA. However, the interpretation I have provided was developed by legal analysis and examination of the Hague Convention, UAA, USCIS directive and discussion with US State Department.
The changes Ukraine adoptions will experience should benefit the process and the children that are adopted. While there is not guaranteed resolution to all problems, delays, corruption or problems, UAA is a significant step forward in creating a more ethical and transparent international adoption process for all countries including Ukraine.
For more information about adopting from Ukraine click here.
For more information about international adoption click here.


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Tuesday, March 4, 2014

URGENT RESPONSE NEEDED TO SAVE ADOPTION TAX CREDIT!

I just received this email today from JCICS about the Adoption Tax Credit:


ALERT – BREAKING NEWS: Last Wednesday, February 26, Chairman Camp of the Ways and Means Committee released his much anticipated  tax reform proposal and it eliminates the adoption tax credit. This breaking news makes our advocacy efforts that much more critical. Now that an actual legislative proposal has suggested eliminating the credit altogether, we need to ensure that every single Member of Congress  hears from us about its importance. Members will only be compelled to fight for its protection if they hear real stories from all of you.  

 

Key Message: Outreach to your legislators is the only way to protect the adoption tax credit.  

Members of Congress want to hear from you – their constituents – about what matters to you.  Legislators only need to hear from 20 constituents about an issue before it becomes important to them.  Remember, Members of Congress are people and oftentimes it is a personal story about why a law is needed that motivates them to act.  They also understand that they are there to represent the people of their district.  They want to know how a particular policy will affect those they are called to serve.

Highlighted FAQ: When will Congress vote on the Adoption Tax Credit Refundability Act (H.R. 2144/S.1056)?

      An individual vote on this bill is unlikely to happen. However, the adoption tax credit will remain part of the broader tax reform discussions and is now particularly vulnerable given the proposal to eliminate it. The more Congressional co-sponsors these bills have, the more likely the adoption tax credit will receive favorable attention in these discussions in Congress. Members of Congress are hearing daily from paid lobbyists about other tax related interests, and will have to make tough decisions about which tax policies are their ultimate priorities. Let’s not let the adoption tax credit become a victim because Members of Congress haven’t heard enough about its importance to their constituents! Don’t delay. Ask your Members of Congress to cosponsor H.R. 2144/S.1056 and share their responses here: info@adoptiontaxcredit.org.

For more advocacy tips visit: http://adoptiontaxcredit.org/advocate

Call to Action: Initial Emails to Your Members of Congress - Figure out who your three Members of Congress (2 Senators and 1 Representative) are by using senate.gov and house.gov.  Using their websites, figure out the best way to contact each of them (often it will be through an email or a form on their website). Email each of them and explain the importance of adoption and ask for their support in protecting the credit. Use our sample template letter (here) as a starting point, but be sure to personalize it. Speak from the heart and share your story about why the ATC is important to children, your family, or others in your life. Provide the link to www.adoptiontaxcredit.org  in your email so they can find additional information.
Below is what you can do - step by step!

Advocate!

Below are a number of resources to help your advocacy efforts:
The Facts
The adoption tax credit provides financial benefits to families that open their homes to children through adoption from foster care, intercountry adoption, or private domestic adoption.
The adoption tax credit, with a maximum of $12,970 in 2013 in 2012, has helped to offset the high cost of adoption for hundreds of thousands of families since it was established in 1997. The IRS estimates that the credit benefited 96,949 children and their families in 2010. With more than 100,000 children in U.S. foster care available for adoption and countless millions of orphans and abandoned children around the world, the continuation of the adoption tax credit is vital to providing love, safety, and permanency through adoption to as many children as possible.
The Need
The adoption tax credit was finally made a permanent part of the U.S. tax code  with the passage of the American Taxpayer Relief Act of 2012. However, the credit was not made refundable as it was in 2010 and 2011. We must ask Congress to make the adoption tax credit refundable so that it can help more children and families.
Bipartisan legislation has been introduced in the House and Senate to make the adoption tax credit refundable. One-third of all adopted children live in families with annual household incomes at or below 200% of the poverty level, meaning many do not have a tax liability and cannot use a non-refundable tax credit. Nationally nearly half (46%) of families adopting from foster care are at or below 200% of poverty the level. A refundable adoption tax credit makes an enormous difference in terms of which families are able to claim the credit. Many parents who provide loving homes to waiting children cannot use the non-refundable adoption tax credit at all—and these are among those who need it most.
Help us take action today!
On May 23, 2013, Representative Bruce Braley (IA) introduced the Adoption Tax Credit Refundability Act (H.R. 2144). If you are contacting your Representative’s office, ask your Representative to become a co-sponsor of H.R. 2144. (First check this list to see if your Representative has already signed on.)
On the Senate side, on May 23, 2013, Senator Robert Casey, Jr. (PA) introduced S. 1056. Call both of your federal Senators and ask them to become co-sponsors of S. 1056. (First check here to see if your Senators have signed on.)
Learn more about both billsYou can find your Representative and Senators’ contact information by visiting: www.senate.gov/general/contact_information/senators_cfm.cfm or www.house.gov/representatives.
Important Tips
When making your contact:
  • Be sure to say, “I am a constituent”.
  • If you’re calling, ask for the staff person that handles tax issues or adoption-related issues for the office. If no one is available, leave a detailed message with contact information.
  • Be direct in your request: “I want my member of Congress to become a co-sponsor of S.1056/H.R.2144).”
  • Make it relevant. Share your personal adoption experience and explain why the refundable adoption tax credit is important.
  • If possible, when visiting D.C., try to make an appointment.
  • Follow up and thank the staff and member of Congress when they become a cosponsor.
  • If your legislator has not signed on, find out why and try to further educate him or her on the issue.
  • information found at: http://adoptiontaxcredit.org/advocate/

Because we all wait....

Hurry Up And Wait




The most stressful part of any international adoption, indicated by all adoptive parents is the waiting. Waiting on a referral of a child, waiting on your legal process in the sending country to be complete, waiting on approvals and waiting for your child to come home drive even the most patient individuals to be impatient and feel frustrated. Obviously keeping yourself busy and your mind on other things is hard to do, but this is the best solution to managing your feelings during these perceived long waits.
Adoption, whether international or domestic, has been referred to as a “paper pregnancy”. Adoption is a long and complicated process and yes, with lots of waiting. What can you do to lessen your anxiety during this emotional roller coaster? Below are just a few ideas that may help.


  • Education, education and even more education! The more prepared you are for your child’s arrival the better the transition for both the child and you. Educate yourself on your child’s birth country, educate yourself on attachment issues with adopted children and educate yourself on adjustment issues with the children already in your home. There are so many topics that can keep your mind busy to prepare yourself and your family for your child’s arrival, take advantage of this time to prepare.

  • Child proof your home.

  • Prepare and decorate your child’s bedroom.

  • Go shopping to buy all the clothes, shoes, toys and supplies you will need for your adopted child.

  • Start an orphan ministry in your church.

  • Work on your child’s lifebook.

  • Keep a diary of your feelings and thoughts.

  • Take advantage of me time and couple time, after all, this time will be even more limited when your child comes home.

  • Spend quality time and focus on the children already in your home.

  • Reach out to others in your community who are also adopting internationally (but no blogging!).

  • Practice cooking foods common to your child’s birth country.

  • Look for and interview international pediatric physicians to take your child to when they arrive home.

  • If traveling, look into travel preparations, places to stay and things to do in country.


Arguably, it will be difficult to curb your anxiety and impatience but utilize this time well to prepare yourself for your child’s arrival and it will ease your stress during the long waits.
What should you not do during this time? Do not spend too much time on internet blogging and discussion sites! Many times these sites, while well meaning, tend to provide inaccurate information and gossip and will fuel your already burning anxiety. Always remember the best source of information you receive should come from your agency. Lastly, remember this time of waiting will end at some point. Whether you are adopting from Africa or adopting from Bulgaria, at some point down the road, the waiting will be over and you and your child will finally be united!
Photo Credit: Royce Blair
For more information about MLJ Adoptions’ international adoption programs, please click here.


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Monday, March 3, 2014

Language Barrier with older children...Good or bad?

The Benefits of a Language Barrier During Adjustment




language barrierAre the children learning English while they wait on the adoption process to be complete? How will I be able to communicate with my child?


Questions about the language a child speaks, even if the child is only a toddler, are some of the more common questions that we receive from parents preparing to adopt internationally. I don’t think there was a single person who didn’t think it was "wonderful" that my son spoke much more English than I expected when I met him. I was not aware that he had been in an English immersion school prior to meeting me; I simply knew that he was in school. While I do think that the early language instruction has been positive for him in adjusting to a new country and culture, meeting peers, and starting school; there may have been some parenting and emotional benefits to a language barrier. It may seem counterintuitive that any kind of barrier would be positive in attachment, but not sharing a common language, especially with an older child, can help parents remember that their child needs them to focus on developmental parenting, learning trust, and attachment.


All children must learn trust in the first psychosocial developmental stage if they are to have healthy attachments. If a child’s early days instead led to the development of mistrust and not believing that the world is safe and they will be cared for, parents must start parenting at that basic level. Even for children that did learn trust in their first year of life, adoptive parents must create an environment that encourages the child that has recently joined their family to attach to them, to trust that the new parents will care for him or her. The important parenting tasks that encourage attachment during adjustment are fully explained in the Adoption Preparation Education course Child Development & Adoption. It helps if parents can think about treating their new child like an infant, focusing on gentle, positive interactions, loving touch, eye contact, proximity, and consistently and compassionately meeting needs.


When a child does not speak the same language as the parents, parents must be more attuned and purposeful about communications. It is harder to give directives when you must use charades to communicate. Rather than asking a child to complete self-care tasks, parents are more likely to assist the child in every step, which is what they need emotionally from their new parents. Not only does the language barrier force us to focus on care taking rather than commands, but we are more likely to be on the child’s level, look him or her in the face, and provide physical touch when communicating. We are also more likely to pay attention to non-verbal clues, basic needs, and facial expressions, helping parents to learn all the nuances of their new child.


Often we forget that just because a child can communicate in a language, it does not mean that he or she fully understands all that is being said. The capability to follow a conversation and pick up on context clues does not mean that the child understands many of the words being used. Colloquialisms can take years to fully understand. Recently, my mother asked my son if something was bugging him; he was confused and a bit frustrated until I translated, ‘she was asking if it irritates you, baby’ which he promptly affirmed. The language barrier can remind parents that they need to explain processes and social customs to children who may be used to very different cultural norms and behaviors.


Children are amazingly adept at picking up a language especially in an immersion environment. I have had a school aged child tell me after just a few months of being in this country that while he could understand his language of origin when spoken by others, he could no longer respond in that language. The grammar and vocabulary of an older child learning a new language grows rapidly. I try to discourage adopting parents from being concerned about a language barrier generally because I know how quickly they will learn to communicate. The time period where communication may take more effort can be a gift encouraging parents to focus on their child’s most basic emotional needs and a means to help parent and child learn each other on a deeper level.


You may also be interested in Communicating Emotionally and the Big Blue Dog


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