Be A Family: News

1. What are the Hague Convention Basic Principles of Intercountry Adoption Practice?
	a. The child has the right to grow up in a family
	b. The child’s best interest must be first and foremost in placement planning
	c. Efforts to preserve the family of origin should be made
	d. When adoption is necessary, efforts to place the child in their country of origin should be a first priority.
	e. When a child can’t be placed in his or her country of origin, only then should international adoption be an option.
	f. We must prevent the abduction, exploitation, sale and trafficking of children in our practice. A no tolerance policy!
	g. We follow principles of international law and other convention treaties.
2. What is the Hague Convention on Protection of Children?
	a. Concluded May 29, 1993 called for the establishment of a Central Authority in both the receiving Country and Country of Origin, which would accredit organizations working in the field of intercountry adoption. Creates a framework for cooperation between countries and provides for safeguards and procedures to ensure that intercountry adoptions take place in the best interest of the child and with respect for his/her fundamental rights.
	b. The basic premise is that all countries who ratify the Hague agree to the following:
		1. Every child has the right to a permanent family, even when that family is in another country.
		2. Adoption of children between countries should take place based upon agreed procedures with the highest of ethics.
	c. U.S. signed March 31, 1994.
	d. Entered into force May 1, 1995
	e. More than 60 countries have agreed to the Hague Convention
	f. Each must identify a Central Authority responsible for implementation
3. Who is the governmental body or central authority in the United States in charge of the Hague and implementation?
	a. The U.S. State Department
4. Who is impacted by the Hague?
	a. Hague regulations will only govern adoptions completed between two Hague countries. Adoptions will continue normally from non-Hague countries.
	b. Adoption agencies and service providers will be required to pass a rigorous accreditation process to continue to work with Hague countries for adoption.
	c. Families who hope to adopt from a Hague country will need to ensure they select a placing agency or Primary Provider who is either Hague Accredited or a Supervised Provider.
	d. Children will be more likely to have their rights safeguarded due to the Hague.
5. When will The Hague go into full force in the U.S.?
	a. On Dec. 12, 2007, Assistant Secretary of State for Consular Affairs Maura Harty deposited the United States’ instrument of ratification of the Hague Convention on the Protection of Children and Co-Operation in Respect of Intercountry Adoption at a ceremony in The Hague.
	b. On Feb. 29, 2008, the list of Accredited, Temporarily Accredited, and Approved Hague Adoption Service Providers was posted by the U.S. State Department.
		1. As of Feb 29th announcement there are: 109 Hague Accredited adoption agencies, 29 temporarily accredited, and four approved adoption services listed. More agencies are likely to be accredited in the future. Click here to view the list.
	c. Around April 1, 2008, the Hague will enter into full force now that The United States is a full member of The Hague Adoption Convention.
	d. Once entered into full force, U.S. agencies who adopt from Hague countries must be accredited, temporarily accredited or a supervised provider of an accredited agency.
	e. The U.S. State Department will only oversee adoption work with only Hague countries.
	f. Agencies can continue adoptions with non-Hague countries with no problem.
6. What is the IAA?
	a. Intercountry Adoption Act signed Oct. 2000 – Regulations for Intercountry adoption in the U.S.
	b. Department of State (DOS) was designated Central Authority by the IAA
	c. DOS developed regulations and they were published in the Federal Register Feb. 2006.
	d. DOS was required to designate accrediting entities
	e. Agreements were signed with accrediting entities:
		1. State of Colorado
		2. COA (Council on Accreditation)
7. Who is COA? What role do they play?
	a. As an accrediting entity they must evaluate international adoption agencies who work in Hague countries and determine if the agencies meet the regulations as specified in the Hague Regulations/the IAA
	b. The adoption service provider applicants for Hague Accreditation:
		1. State of Colorado: 11 applicants
		2. COA: 306 applicants
			i. 190 non-profit agencies seeking full accreditation
				o. BAMS is one
			ii. 30 persons
			iii. 10 for profits
			iv. Remainder seeking temporary accreditation: two-year term
	As of the Feb. 29, 2008 announcement, there are:
		1. One-hundred and nine Hague Accredited adoption agencies,
		2. Twenty-nine temporarily accredited, and
		3. Four Approved Adoption Service Providers listed
		4. More providers are likely to be accredited in the future
		5. See the List
8. What are the six adoption services defined in the Hague Regulations?
	a. Identifying a child for adoption and arranging an adoption
	b. Securing consent to termination of parental rights and to adoption
	c. Performing a home study and report on prospective adoptive parents or a background study on a child ( if this is the ONLY services you provide you can be considered an EXEMPT provider)
	d. Making a non-judicial determination of a child’s best interests and of the appropriateness of an adoptive placement
	e. Monitoring a case after a child has been placed with prospective adoptive parents until final adoption (post placement).
	f. Assuming custody of a child and proving childcare or any other social service when necessary because of a disruption ending alternative placement (disruption: between placement and finalization).
	Post Adoption: Period after the adoption is finalized, not listed as one of the six adoption services above, but still a critical part of our work.
9. Who is the Primary Provider?
	Accredited or temporarily accredited agency or approved person responsible for ensuring that all 6 adoption services are provided and for supervising or being responsible for supervised providers where used.
	** BAMS acts as Primary Provider for Russia, Guatemala and Ethiopia
10. Who is the Supervised Provider?
	Any agency, person or other non-governmental entity, including any foreign entity, providing one or more adoption services in a convention case under the supervision and responsibility of a primary provider.
	** BAMS acts as a Supervised Provider for China, where Gladney and America World act as the Primary Provider.
11. Who is the Exempted Provider?
	Social work professional or organization that performs a home study, child background study in the U.S., or both AND does not provide any other adoption service on that particular Convention case. So the person or organization is exempt from having to be accredited or approved. BUT the study they produce will have to be approved by an accredited agency
	Thus, if home study is approved for IR4 visa or countries such as India, the provider MUST be supervised.
12. Who is the Foreign Provider?
	Non-governmental foreign providers include agencies, persons or entities.
	Considered supervised providers (unless performing exempted services only)
	Responsibility for oversight is different, though, than for U.S. supervised providers.
13. Important areas of focus in the Hague Regulations:
	a. Information Disclosure
		1. Providing accurate information upon request to prospective clients including information provided on the adoption Web site, during inquiry phone calls, materials etc.
		2. Written schedule of expected fees are accurate, transparent and provided upon request.
		3. Providing Policy and Procedures to families upon request
		4. No preferential treatment of clients
		5. Waiver of liability limitations
		6. Internet photo listings of waiting children ONLY when not prohibited by state or country of origin laws.
		7. DOS and COA will have current list of all accredited agencies. DOS will maintain a national database of verified complaints that all families, providers and countries can access
	b. Ethical Practice
		1. Prohibition on Child Buying – Very important to Hague. Agency or approved person prohibits its employees and/or agents from giving money or other consideration directly or indirectly for the child or as an inducement to release the child. If permitted or required by country of origin, reasonable payments may be remitted for activities related to adoption proceedings, pre-birth and medical costs, care of the child and/or birth mother while pregnant and immediately following the birth of the child, or the provision of child welfare and child protection services generally.
		2. Suitability of agency to provide Adoption services
		3. Complaint Policy and Procedure and ability to report to US State Department and State Licensing
	c. Personnel qualifications and training of personnel
		1. Must meet all state and local licensing requirements for supervision
		2. Will grandfather supervisors upon accreditation, but any new supervisors must meet new guidelines.
		3. Completed FBI Form FD-258 on file
		4. Have prior experience in family and children’s services, adoption or intercountry adoption (or all):
		5. Master’s degree from an accredited program of social work or related human service field
	d. Incoming cases (Child being adopted from country of origin and coming into the US)
		1. Home study evaluations of prospective adoptive families
		2. Pre-adoption education and trainings (minimum required by Hague/IAA is 10 hours. The BAMS education program is 20+ hours, a much higher standard)
		3. Provision of medical and social background information on child to the family
		4. Post adoption services
		5. Hague Convention communication – BAMS commitment to communicate written complaints and other stats biannually to the U.S. State Department
	e. Outgoing cases (U.S. Child leaving to be adopted to another country outside the U.S.) BAMS does not handle outgoing cases.
		2. Agencies have to be approved in order to handle Outgoing Cases to ensure the appropriate regulations are followed.
14. Where can I learn more?
	a. U.S. State Department Web site
		1. Intercountry adoption information
		2. Hague Convention on intercountry adoption information
	b. Joint Council on International Children’s Services (JCICS)
	c. “The Hague Convention: In Treaty We Trust” by Susan Freivalds found in the July/August 2006 issue of Adoptive Families magazine
	d, “Rules set to Change on Foreign Adoptions” By Elizabeth Bernstein, The Wall Street Journal, Thursday, Nov. 2, 2006

Click here to read the news release.