Since we have upgraded our e-news service, please update your E-News profile here.
The Adoption Institute relies on the
support of corporations and individuals who share our committment to
fostering ethical adop-
tion practices that
respect all members of the adoption circle. Make a donation here.
BILL GIVING ADULT ADOPTEES ACCESS TO BIRTH RECORDS PROGRESSES IN N.Y.
Bills that would allow adopted people 18 and older to obtain their
original birth certificates and medical histories in New York State,
subject to a contact preference filed by birthparents, moved to
committee in both chambers of the state legislature. The senate bill
(S00235), sponsored by Senator Bill Larkin, was referred to the Health
Committee on Jan. 3; the Assembly companion bill (A02277), sponsored by
Rep. David Koon, was referred to the Health Committee on Jan. 16. The
legislation establishes a “Bill of Adoptee Rights” and
allows birthparents to file contact preferences anytime, “but
does not limit the right of the adopted person to receive updated
health information.” States that currently allow adopted adults
to receive a copy of their original birth certificates are Alabama,
Alaska, Delaware, Kansas, New Hampshire, Oregon and Tennessee. States
considering similar legislation in 2007 include Maine, Missouri, North
Carolina and Minnesota. To read the proposed N.Y. measure, go to: http://assembly.state.ny.us/leg/ and search by the bill number.
Rep. Jo Ann Davis of Virginia on Jan. 4 introduced the “Intercountry Adoption Reform Act (ICARE) of 2007”
(H.R. 120). The measure, which was referred to the Judiciary Committee,
would establish an Office of Intercountry Adoption and confer automatic
citizenship to adopted children upon entry of a final adoption decree
(rather than upon entry into the U.S.). The original ICARE bill was
introduced in 2003, and again in April 2006 as an amendment to the
controversial 2006 immigration reform bill, “Securing
America’s Borders Act” (S.2454), which failed to pass.
Rep. David Camp of Mississippi on Jan. 12 introduced the “Adoption Tax Relief Guarantee Act of 2007”
(H.R. 471); it was referred to the Committee on Ways and Means. The
bill would continue the adoption tax credit and adoption assistance
provided by the Economic Growth and Tax Relief Reconciliation Act of
2001, due to expire in 2010. The Senate last year failed to pass a
similar bill making the adoption tax credit permanent.
Rep. Philip English of Pennsylvania on Jan.5 introduced the “Religious Freedom for Providers of Adoption, Foster Care, and Child Welfare Services Act”
(H.R. 289); it would withhold federal funds for foster care and
adoption assistance from states that “restrict the freedom of
religious organizations to provide foster care and adoptive services
consistent with the fundamental religious beliefs and principles of
these organizations.” The measure went to the Committee on Ways
and Means.
Rep. Jo Ann Davis of Virginia on Jan. 4 also introduced the “Adoption Information Act”
(H.R. 104), which would amend Title X of the Public Health Service Act
(42 U.S.C. 300 et seq.). The measure would require any family planning
program receiving federal funds to provide clients, in both written and
verbal form, a comprehensive list and contact information of local
adoption service providers. The bill was referred to the Committee on
Energy and Commerce.
Rep. Sheila Jackson-Lee of Texas on Jan. 5 introduced the “Baby Abandonment Prevention Act of 2007”
(H.R. 259); it would establish a task force within the Bureau of
Justice Statistics to collect data and report to Congress on the
prevalence, trends, demographics, circumstance, and quality of life
outcomes for abandoned infants. The bill was referred to two
committees: Judiciary and Education & Labor.
To read any of these proposed measures, go to: http://www.thomas.gov/ and search by bill numbers in the bill number field.
TENNESSEE COURT ORDERS DAUGHTER'S RETURN TO BIOLOGICAL PARENTS
The Tennessee Supreme Court, in a
unanimous decision, overturned a 2004 Circuit Court judge’s
decision to terminate the parental rights of a Chinese immigrant couple
seeking to regain custody of their daughter from her guardians. In its
Jan. 23 ruling, the high court said the evidence overwhelmingly showed
that the couple had placed their daughter “as a temporary measure
to provide health insurance” for her, “with the full intent
that custody would be returned.” Due to financial and other
problems, the parents had placed their child in foster care shortly
after her birth; in 2004, they attempted to regain custody of the girl,
then age 5, but the guardians filed to terminate parental rights and
adopt the child on the grounds of abandonment by the birthparents. The
high court ruling ordered plans for reunification to be made within 12
days; on Jan. 29, the guardians asked the court to stay its order for
30 days, but the court has yet to respond. To read the opinion, go to: http://www.tsc.state.tn.us/; to read a news article on the case, go to: http://www.boston.com/
CLASS ACTION LAWSUIT AGAINST NEBRASKA FOSTER SYSTEM DISMISSED
U.S. District Judge Richard Kopf on Jan. 19 dismissed a class-action
lawsuit (Carson v. Heineman) against the Nebraska State Health and
Human Services Office on the grounds that federal courts should not
intervene with the state court’s authority. The lawsuit alleged
that the state’s foster care system was endangering the lives of
6,000 children by not addressing longstanding systematic problems, such
as a shortage of foster homes, high caseloads, a lack of mental health
services, and a lack of services and resources to encourage adoption.
The case was filed in 2005 by Children’s Rights Inc., the
Nebraska Appleseed Center for Law in the Public Interest, and several
private law firms. The plaintiffs have not decided whether they will
appeal. In 2003, Nebraska had one of the nation’s highest rates
of out-of-home placements, 13.8 children per 1,000 in care compared
with the national average rate of 7.2 children per 1,000. To read the
decision, go to: http://www.neappleseed.org/; to read a press release on the judge’s opinion by Nebraska Appleseed Center, go to: http://www.neappleseed.org/; to read a news article about the case, go to: http://www.nptelegraph.com/
PACT CALLS FOR NAVAJO CHILDREN IN FOSTER CARE TO STAY WITH RELATIVES
An intergovernmental agreement between the Arizona Department of
Economic Security and the Navajo Nation will ensure that Navajo
children needing foster care will be raised and cared for by relatives.
The agreement, signed Dec. 14, 2006, will let the nation be reimbursed
hundreds of thousands of dollars for foster care for Navajo children
and also provide training and licensing to relatives so they can become
caregivers. The agreement is the first a tribe in Arizona has signed
with the state; the Navajo Nation has had a similar agreement with New
Mexico since Sept. 2002. To read a press release about the agreement
from the Navajo Nation, go to: http://www.navajo.org/images/pdf%20releases/George%20Hardeen/dec06/Navajo%20 Nation%20signs/
LEGISLATION WOULD ESTABLISH NATIONAL SOCIAL WORK RESEARCH CENTER
A bill (S. 106) was introduced in the U.S. Senate on Jan. 4 that would
establish a national center to support the empirical research of social
workers in areas such as family functioning, mental health, and
preventive services – and would aid policymakers in understanding
complex social issues grounded in such research. The ”National
Center for Social Work Research Act,” sponsored by Senator Daniel
Inouye of Hawaii, would be funded by federal grants and would promote
research, training and fellowships. The bill has been referred to the
Committee on Health, Education, Labor and Pensions. To read the
proposed legislation, go to: http://www.thomas.gov/ and type S. 106 in the bill search field.
Research
STUDY SHOWS BENEFIT OF INTENSIVE ADOPTION PRESERVATION SERVICES
A study of 99 families receiving intensive in-home services after
adoptive placement in Missouri found that at 12 months, service
characteristics (number of days, problems addressed) were the greatest
predictor of the family’s ability to remain intact; overall, 17
percent disrupted. “The Use of Intensive Family Preservation
Services with Adoptive Families,“ by Marianne Berry, Jennifer
Propp and Priscilla Martens, appears in the upcoming February issue of Child and Family Social Work
(Volume 12, Issue 1). Other factors associated with a higher risk of
disruption at the 12-month follow-up were older age of the child and
full-time employment of the primary parent. This study provides
evidence of the importance of adoption services for stabilizing at-risk
placements. To access a free abstract, go to: http://www.blackwell-synergy.com/
RESEARCH FINDS POSITIVE OUTCOMES OF INDEPENDENT LIVING PROGRAMS
A review of existing research on independent living programs (ILP) for
older youth in foster care concludes they have some benefits, but the
quality of the research to date limits our ability to know their
effectiveness. ”Independent Living Programs for Young People
Leaving the Care System: The State of the Evidence,“ by Paul
Montgomery, Charles Donkoh and Kristen Underhill, was published in the
December issue of Children and Youth Services Review
(Volume 28, Issue 12). For studies reviewed, all but one measuring
educational achievement showed better outcomes for ILP youth, and a
number of studies reported positive employment outcomes for ILP
participants. To access a free abstract, go to: http://www.sciencedirect.com/
REVIEW IDENTIFIES RISK, PROTECTIVE FACTORS FOR FOSTER DISRUPTIONS
A meta-analysis of 26 studies of foster placement breakdown identified
behavior problems, older age at placement, a history of residential
care, and previous placements as the most significant risk factors for
disruption. ”Disruptions in Foster Care: A Review and
Meta-Analysis,“ by Mirjam Oosterman, Carlo Schuengel, Wim Slot,
Ruud Bullens and Theo Doreleijers, was published in the January issue
of Children and Youth Services Review
(Volume 29, Issue 1). Some protective factors identified were highly
motivated and nurturing foster families and support from relatives or
caseworkers. The authors call for more research on the quality of
foster care-giving. To access a free abstract, go to: http://www.sciencedirect.com/
ANALYSIS OF TRANSRACIAL ADOPTION SEES MORE DELAYS FOR BLACK CHILDREN
”Transracial Adoption of Black Children: An Economic
Analysis,“ by Mary Hansen and Daniel Pollack, analyzes adoption
rates of minority children based on AFCARS data, and recommends more
aggressive enforcement of MEPA-IEPA laws to remove barriers to
transracial adoption. While the number of adoptions of African-American
children and transracial adoptions generally have increased, black
children continue to experience more delays in adoptive placement than
children from other races. The paper also provides a historical
analysis of transracial adoption and of anti-discrimination adoption
laws. To read the working paper, go to: http://law.bepress.com/
SWEDISH SURVEY: MOST FOSTER CHILDREN HAVE GOOD RELATIONS WITH SIBS
A Swedish study using focus and discussion groups, along with surveys
from 684 respondents, examined the impact of fostering on the lives of
sons and daughters of foster parents; most respondents rated their
relationships with their foster siblings as ”very good“ (41
percent) or rather good (34 percent). ”Sons and Daughters of
Foster Carers and the Impact of Fostering on their Everyday
Life,“ by Ingrid Hojer, appears in the upcoming February issue of
Child and Family Social Work
(Volume 12, Issue 1). Even though relations with foster children were
generally good, many experienced complications such as difficulty in
having a sibling with a very different upbringing, turmoil and conflict
in the home, and parents being less available to them. The study
suggests practitioners give more attention to siblings’ needs in
foster families. To access an abstract, go to: http://www.blackwell-synergy.com/
AUTHOR ARGUES FOR MORE PERMANENCY OPTIONS FOR GHANA AIDS ORPHANS
A paper, ”Care of Orphans: Fostering Interventions for Children
Whose Parents Die of AIDS in Ghana,“ argues that the country must
expand its permanency options for orphans and vulnerable children. The
paper, written by Alice Ansah-Koi and published in the Oct.-Dec. 2006
issue of Families in Society
(Volume 87, Issue 4), focuses on the options to care for Ghana’s
132,000 children orphaned by AIDS, including kinship care, long and
short-term foster care, adoption, institutional care, and
community-based care. The article analyzes the spread of AIDS in Ghana
and examines policy implications for social work practitioners
advocating and providing direct services to orphans and their families.
To read the full article, go to: http://www.familiesinsociety.org/
News
GEORGIA REPORTEDLY CONSIDERS MEASURE TO EXPEDITE SOME ADOPTIONS
The Parliament of the nation of Georgia is considering new legislation
that would cut the length of time after which an abandoned child could
be eligible for adoption, from three years to a maximum of one year,
according to a Jan. 4 article published on the website Institute for
War and Peace. ”Georgia: The Adoption Headache,“ reports
that 10 to 12 children are found abandoned in the streets each year and
that they are in limbo as ”social orphans“ because their
parents have abandoned them but have not relinquished parental rights.
According to the article, children with physical and mental handicaps
are available for adoption more quickly and are predominately adopted
by foreigners. According to U.S. Immigration statistics, 14 children
from Georgia were legally adopted by Americans in 2005. To read the
article, go to: http://www.iwpr.net/
SUSPECTS IN BULGARIAN BABY SMUGGLING RING GO ON TRIAL IN FRANCE
On Jan. 22, 41 adoptive parents, 11 intermediaries, two biological
mothers and two individuals suspected of pimping went on trial in Paris
for suspected roles in a secret baby trafficking network dating from
2002, according to a report in the International Herald Tribune.
”Adoptive Parents in France Defend System of Buying
Babies,“ by Doreen Carvajal, says the ploy involved the
trafficking of Bulgarian babies, many thought to have been born to
prostitutes, and adopted by France’s Roma (Gypsy) communities.
Four individuals suspected of organizing the ring are already jailed
and seven others are being sought on international warrants. In late
December, authorities in Greece broke up another baby-selling racket,
suspected to be run by Albanian and Russian mafias, involving Bulgarian
infants who were illegally adopted mostly by Western Europeans and some
Americans. According to U.S. immigration statistics, 29 children from
Bulgaria were legally adopted by Americans in 2005. To read the International Herald Tribune article, go to: http://www.iht.com/; to read the December article on the Greece situation, go to: http://www.dailymail.co.uk/
ADVOCACY GROUP GIVES CALIF. POOR GRADE IN CARE FOR FOSTER CHILDREN
A new paper by the California advocacy organization Children Now
reports on the well-being of the state’s children, offering a
grade of D+ for family well-being. ”2006-2007 California Report
Card: The State of the State's Children“ reports that while fewer
children were involved in the child protective services and foster care
than 10 years ago, limited access to health care, inequitable economic
resources, and inadequate education have threatened the well-being of
families. According to the report, approximately 30 percent of foster
care children in California are in relative care; 32 of every 1,000
African American children are in foster care (higher than all other
children combined); and 4,300 adolescents ”age out“ of
foster care each year. Recommendations include monitoring the
implementation of new child welfare and foster care legislation passed
in 2006, increasing the number of foster providers, improving
recruitment and retention, and allowing foster youth who attend school
to remain in the system until age 21. To read the report card, go to: http://publications.childrennow.org/
Resources
GUIDEBOOK OFFERS EXPERT INFORMATION FOR ADOPTING FROM OVERSEAS
NTI Upstream, a website with resources for adoption and child welfare professionals and parents, has recently added a booklet, Risk and Promise: A Handbook for Parents Adopting a Child from Overseas.
This guide is written by specialists in medicine and developmental
psychology – Ira Chasnoff, Linda Schwartz, Cheryl Pratt and
Gwendolyn Neuberger. It includes worksheets, developmental status
checklists, questions for orphanage staff, and other resources to
prepare parents to understand the risk and protective factors affecting
their children and to be prepared to address their children’s
needs. To access, go to: http://www.ntiupstream.com/
TRAINING ACADEMY OFFERS ONLINE COURSE ON MULTI-ETHNIC PLACEMENT ACT
The Northern California Training Academy is offering a four-credit
comprehensive, online course on the Multi-Ethnic Placement Act (MEPA).
The course covers topics such as: complying with MEPA; ideas for
meeting requirements; how to incorporate MEPA into daily practice;
learning agency responses; and developing recruitment plans. The online
course will remain open for the duration of two weeks, beginning on
January 31, 2007, and ending on February 13. To view the online
resource, go to: http://academy.extensiondlc.net/
NATIONAL RESOURCE CENTER UPDATES STATE FOSTER CARE POLICIES
On Jan. 16, the National Resource Center for Family-Centered Practice
and Permanency Planning revised the following four documents: Foster
Home Licensing, Foster Parent In-Service Training, Foster Parent
Pre-Service Training, and Limitations on the Number of Children in a
Foster Home. Each has now been modified to include the most up-to-date,
state-specific information. To access these publications, go to: http://www.hunter.cuny.edu/
FAMILY COUNCIL'S BOOK PROVIDES COUNTY-SPECIFIC DATA FOR N.Y. STATE
The New York State (NYS) Council on Children and Families released The CHILD in the Child Welfare and the Courts Data Book,
which for the first time provides county-specific data on child welfare
and child court systems, including the foster care system and child
abuse and maltreatment in New York state. The 300-page publication
includes demographic statistics; goals and indicators in the areas of
education, physical and emotional health, economic security,
citizenship, community, and family; regional profiles; a child and
family service review; and a glossary. The publication was written by
the NYS Permanent Judicial Commission on Justice for Children, with
data collected and compiled by the NYS Unified Court System. To access,
go to: http://www.ccf.state.ny.us/
FEDERAL GUIDE FOCUSES ON CHILD AND FAMILY SERVICES IMPROVEMENT ACT
The Administration for Children and Families of the federal Department
of Health and Human Services has issued an informational memorandum
about the Child and Family Services Improvement Act of 2006 and
specific provisions in the law, including the Child Service Welfare
Program, the Promoting Safe and Stable Families Act, and the Court
Improvement Program. One of the provisions of the act will require all
states to establish steps to ensure that 90 percent of children in
state care are visited by their caseworkers on a monthly basis by 2011.
The resource includes implications of the Title IV-B Amendments on
states and tribes. To access, go to: http://www.acf.dhhs.gov/
Institute Updates
ARTICLE REPORTS 'SAFE HAVEN' LAWS HAVE NOT ENDED BABY ABANDONMENT
In a Jan. 13 article published in the New York Times,
”Safe-Haven Laws Fail to End Discarding of Babies,“ by Cara
Buckley, Executive Director Pertman states that these laws can do more
harm than good – for instance, by depriving the affected children
of their biological and medical information.
On Jan. 21, the Adoption Institute submitted written testimony to
Nebraska state Senator Brad Ashford and the state Senate Judiciary
Committee urging them to reject the proposed Nebraska Safe Havens Act
(LB6). The Institute letter states that while the legislation is
well-intentioned, the research indicates it would not save infants'
lives but instead would ”increase the number of anonymously
deserted children, systemically strip biological fathers of their
rights, cause lifelong grief to growing numbers of birthmothers, divest
adoptive parents of vital information with which to raise their
children, and institutionally deprive additional adoptees of their
medical, genealogical and historical information.“
CHINA'S NEW RESTRICTIONS WILL BAR GAYS AND LESBIANS FROM ADOPTION
In a Jan. 5 article published in the Southern Voice, ”Gay America
No Longer Able to Adopt from China,“ by Ryan Lee, Executive
Director Adam Pertman discusses the decision of Chinese officials to
bar single parents from adopting from that nation – closing a
loophole that had permitted some gay or lesbian couples to adopt.
Adoption Institute Executive Director Adam Pertman suggested the change
in policy provides an opportunity for domestic adoption agencies to
educate Chinese officials about the research and experience showing gay
and lesbian parents can provide good homes for children. To read the
article, go to: http://www.sovo.com/
HOSTING PROGRAMS FOR OVERSEAS ORPHANS NEED TO BE BALANCED
In a Jan. 13 article in the New York Times, ”A Taste of
U.S. Family Life, but Adoption in Limbo,“ by Jane Gross, Pertman
states that hosting programs – typically involving children
living in orphanages from former Soviet bloc countries – would
not be necessary in an ideal world. Pertman also says the challenge for
U.S. agencies who sponsor such programs for orphans is in balancing the
optimism of a possible adoption with the legal and political barriers
that can make such adoptions difficult. To read the article for a fee,
go to: http://www.nytimes.com/
ALLEGED KIDNAPPING OF ADOPTED TWINS BY BIRTH MOTHER CALLED RARE
Pertman stated in a Dec. 31 International Herald Tribune
article that it is rare for birthparents to try to take their children
once they have been relinquished for adoption; that rarity, he said, is
why the alleged kidnapping by a Florida woman – who was in the
process of contesting the adoption of her twin toddlers – drew so
much media attention. In the article, ”Mother Accused of
Kidnapping Biological Twins had ‘Given Up’,“ Pertman
also states, ”There was no evidence that she was going to hurt
the kids, there was evidence that she wanted to parent the kids.“
To read the article, go to: http://www.iht.com/; to read the Adoption Institute study on the rights and well-being of birthparents, go to: http://www.adoptioninstitute.org/research/
Among Pertman's appearances in coming
months are as a commentator at the Third Annual Wells Conference on
Adoption Law, sponsored by the National Center for Adoption Law and
Policy, on Feb. 15 in Columbus, Ohio; and as a speaker – along
with several other members of the Adoption Institute policy staff
– at the American Adoption Congress conference in Massachusetts
in early March. For more information about either event, please email info@adoptioninstitute.org or call 617-332-8944. For more information about appearances by members of the Adoption Institute staff, go to: http://www.adoptioninstitute.org/events/appearances.php
Among the major events the Institute is planning for the coming year is a national conference on Ethics in Adoption,
which will sponsored with the adoption reform organization Ethica. The
conference will be held in suburban Washington, D.C., on Oct. 15-16,
2007. The Institute held its landmark first ethics conference in 1999,
and this one – like its predecessor – promises to have
significant impact on the field.
Our annual "Taste of Spring" gala will be held in New York on May 17;
please save the date and contact us if you have questions, want to
reserve tickets (they go quickly) or are interested in an individual or
corporate sponsorship. We are planning additional fund-raising events across the country
during the coming months and year, to be held by our loyal supporters
and advocates who want to ensure that we can continue doing our unique,
important work; stay tuned for dates and locations. Most important, we
are producing some of the best, highest-impact initiatives since our
founding a decade ago.
Here are just a few of the initiatives we are working on:
TRANSCULTURAL ADOPTION & IDENTITY
RIGHTS & WELL-BEING OF BIRTHPARENTS
EXPANDING RESOURCES FOR CHILDREN IN FOSTER CARE
ADOPTION AGENCY PRACTICES WITH GAYS AND LESBIANS
ADOPTIVE PARENT PREPARATION PROJECT
RESTORING RIGHTS TO ACCESS BIRTH RECORDS
SAFE HAVENS: ARE THE LAWS WORKING?
EDUCATE THE EDUCATORS AND EDUCATE THE MEDIA PROGRAMS
Since its establishment in 1996, the
Evan B. Donaldson Adoption Institute has been a pre-eminent,
independent voice for improving adoption for everyone it touches -
particularly children - through innovative programs, educational
initiatives, research and analysis, and advocacy for better practices,
policies and laws.
Our award-winning web site, www.adoptioninstitute.org, is a popular and reliable source for accurate adoption information.
Support Our Work
The Adoption Institute was established
in 1996 with a one-time grant. To continue our work, we depend on new
and renewable sources of funding. We need the financial support of
people like you whose lives have been touched by adoption and who care
about the future of vulnerable children everywhere. Please send a
generous contribution to the Adoption Institute’s annual fund
today. To donate, please call 212-925-4089 or go online to: http://www.adoptioninstitute.org/about/support.php
Or you can print and complete this form, http://www.adoptioninstitute.org/donate/donatereply.pdf, and fax it with your credit card information to 775-796-6592, or mail it with your check or credit card information to:
The Evan B. Donaldson Adoption Institute
525 Broadway, 6th Floor
New York, NY 10012
The Adoption Institute e-Newsletter
highlights laws, policy, practice, news, research, and public opinion
to educate readers about emerging issues and new information that may
impact adoption. The Adoption Institute does not make any
representations about the accuracy or reliability of the information
reported in the newsletter, and inclusion of items in the newsletter
does not signify Adoption Institute support of author perspectives or
positions.
Comments?
We welcome your thoughts about the
e-Newsletter. Please let us know how we can make it better. Comments,
questions and news tips may be directed to info@adoptioninstitute.org.
Your Privacy
The Adoption Institute will never trade or sell your e-mail address. Our policies can be accessed here: http://www.adoptioninstitute.org.
You have received this e-mail because you have subcribed to %%list.name%% as %%emailaddr%%
If you would prefer to no longer receive this kind of email, you may unsubscribe by sending a blank email to %%email.unsub%%
To read more about our privacy policy, click here.
Law, Policy & Practice