State Department update on Ethiopian Adoptions 6/2011

I just wanted to alert you to a new notice from the State Department regarding Ethiopian Adoptions. It looks like they are indeed processing cases at a rate that will allow them to investigate the validity of the orphan status of each child. This is good. I would say that it would be better to do this prior to the adoptive parents traveling and receiving referral.  This sets up a great deal of potential disappointment. At this time the US embassy seems to be also conducting similar research after the child has been declared adopted and is irrevocable. So, yet another issue. I hope they continue to check into the validity of the children's orphan status and pursue options for children to stay in their first home. I also hope they will adjust the order in which they do things so that it brings less borderline ethical issues in the the interaction with potential and adoptive parents. Just be aware of these things as you  proceed with your adoption. At this time there have been few cases which have had issues, but there have been some. 

Here is the notice: 

you can also access it on their site at: http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=ethiopia_8

Ethiopia

June 2, 2011

Notice: Update on adoption case processing by MOWCYA in Ethiopia

The U.S. Embassy in Ethiopia has received information from the Ministry of Women, Children and Youth Affairs indicating that processing of cases that received a court summons prior to March 8, 2011 is still ongoing.  This exceeds their estimated 15-20 days to expeditiously process this caseload, as indicated in our April 5 notice.  The Embassy also understands that processing of cases with court summons after March 8 is proceeding at 5 cases per day, and there is no indication that these numbers will increase in the short term.
Prospective Adoptive Parents and parents awaiting final approval of their match from the Ministry of Women, Children and Youth Affairs are cautioned to anticipate continued and considerable delays and are encouraged to remain in contact with their agency for updates to their case.
The Embassy's Adoptions Unit can be reached at consadoptionaddis@state.gov.
Please continue to monitor http://adoption.state.gov for updated information as it becomes available.

MOWA/MOWCYA court news

Just wanted to direct your attention to a few newish resources and articles regarding the MOWCYA slowdown.

The actual notice from MOWCYA regarding the slow down -original statement. This is a great thing to read for yourself. It is clear and well laid out with thought and intention. 

Department of State notice regarding a statement issued by MOWCYA more recently affirming the slow down for ethical integrity. While Ethiopia has not stated at this time the actual number it will be reviewing per day, the US Embassy feels that 5 is what can be expected.

An interesting article written as opinion by an Ethiopian national on this topic.

With this in mind, I have had some families note that with their agency families who have received referrals after this proclamation are still receiving court dates for as early as May. It will be interesting to see how things adjust to the new normal.

MOWA/MOWCYA court news phone conference April 6, 2011

Children's Hope International posted it's commentary review of the April 6th phone conversation. Read it here.
This is the pack of slides that go along with this presentation. Slides.

This is a very good presentation. It seems that the main thing that they are working to change is to have USCIS verify the orphan status of the child before the child  goes to court so that when Ethiopia declares the child legally and irrevocably adopted by the new family then the Embassy can be sure that the status of the child also follows US guidelines and is as sure as possible that this is true and verified fact. This is a good idea. It is also what the court is hoping to do so that would work in tandem.

I appreciate that the court is saying that it will push through those who have been given a court date. After that they will implement better investigations to verify orphan status of children. Due to this they will not process as many per day. Then they will see how that goes and alter as needed. I am glad that all the major parties are invested in ethical practice and will be working together to ensure this. I believe that this will help to bring the number up again in time. Of, course only for those children who are really and truly adoptable. This is of course in everyone's best interest not just the child. Really who wants to adopt a child who will later tell you that their situation is quite different than what you were told.

Sounds like encouraging news all around. Not fast, but it is the effort to maintain "open for adoption" status and to clean up ethics that will benefit the program the most in the long run.

USCIS presentation 4-6-11

Here is the visual of the presentation from USCIS phone conference. Still waiting on verbal transcript of that.

MOWA/MOWCYA court news

USCIS announcement. This really just confirms what we already know................ Still waiting for news from parents who are there and in process to see what is really happening. I know without an official MOWYCA statement things are sort of up in the air feeling...... and they may not give one, or soon anyway. It may just work itself into some sort of new normal. Will will all wait some more and see.

An interesting paper

Article of report of investigation in Ethiopian Adoptions from the Netherlands (I believe). See it here.  I would like to note that this is a lengthy read and may be a bit difficult due to the two and three culture and language use. However, I did read the entire thing and as it states in the beginning, that though there are some natural concerns there is nothing to prove that all are unethical.  This is a good report to show what is causing concern and some of the errors made when using two languages as well as when trying to provide many adoptive parents their new children quickly.

I would like to note that I do not post this to be alarmist. That is not my nature, nor is it the purpose of this blog. I post it for informative reasons only and feel that there is cause for the reform of the system but not for panic. I think parents should be patient when waiting for their child. I think it is important to check your agency and it is important to do what you can. I will state that due to these sorts of concerns we requested children who were not abandoned or relinquished. I can only verify the accuracy of the paperwork of one of my children. The other is unknown. I have no reason to suspect it was falsified. Both are orphaned by death. I think, under the current circumstances and the reading of the sections of the law in Ethiopia that this is in line with what they prefer there as well.

I want to note that if you are to read this report that there are a few things not stated.

• This is a relatively old report an many many things have changed since it's writing as well as as some of the laws stated which were not in place when some of the case studies took place. Things are different now and will be different in even a few months, years.....
• Achild must have police paperwork in order to be available for adoption (at least as of 2008). 
•  The social worker who is not an employee of the orphanage or adoption agency is the one who fills out the paperwork sent to the court. Therefore the info could be different from that which the orphanage or agency filled out to send to the adoptive parents. 
•  The court has it's own persons filling out the paperwork  (MOWCYA letter, etc.) and it has often been different from that which the orphanage or agency submitted in the child's dossier. There does not seem any reason for this and after the court has filed this paperwork and it is in error it does not take back and redo it. Therefore if the referral papers and the adoption court papers differ it is the fault of the court not of the agency or orphanage. I believe this will change with the new flow they have over there for the papers in MOWCYA. This is a good thing. 
• In my experience, the agency sends the report to the orphange where the child came from, the orphanage sends to the relative or if they do not know the address, holds in a file for a certain time in case the relative comes. 
• When an orphanage is in overflow because of the number of children there are often private homes the children stay in and that is considered the same as the orphanage. Not an issue.
• Finally there are many places where mis-communications can become questionable, not all things are documented formally as it is not required. (maybe this will change too). The information changes hands many times and between several different entities both formal and informal. I think there is a natural limitation to this in any circumstance. I believe that this will be considered in the new formation of things. Info is taken in by so many different people from so many sources that it is certainly easy to see how slight discrepancies could become large ones. Ever played "telephone"? I am not saying this is ok, I am hoping this will be remedied by the new format they are currently working out to make things more ethical. Because of this I don't think any one person can easily be indited on most of these cases as it is difficult to decipher where the error actually occurred. Many of these sound like it occurs in the court to me...... but could have originated elsewhere.

So that is my opinion of this paper. I find it to be lacking a great deal of pertinent information, but is a good idea of why there needs to be streamlining and change for the better of all.  I would not take this paper as proof of wrongdoing for most of these cases. Some are given court attention and rulings.

MOWA/MOWCYA court news

WACAP had issued a paper on the topic of the Ethiopia adoption court slowdown. You can read it here. There is a lot of good information here, nothing new, but well written.

National Council For Adoption has issued their statement on the recent happenings as well. You can read that here.

Both are vague as there is not a lot of clear information out there about how this is going to play out or effect current or future adoptions. Both are also supportive because they support ethical adoptions and are most interested in the well being of the children.

MOWA/MOWCYA court news

Here is the latest on the Ethiopian court changes.

* This is what has come through today from Ethica.
Notice of phone conference to learn about the latest found by a visit from USCIS to MOWCYA: here

* The following is directly from USCIS. For the direct publication please click on the following link.
From USCIS Q&A

Q&A: Adoption Processing in Ethiopia

Q.  Is the U.S. Government planning to close the Ethiopian adoption program?

A.  The U.S. Government supports the intercountry adoption program in Ethiopia.  We will work closely with the Government of Ethiopia and other stakeholders to preserve and protect this valuable program, while also seeking to improve safeguards and ensure the program’s integrity.

Q.  Is it true that the Government of Ethiopia is planning to reduce the number of adoptions that it processes?

A. On March 9, 2011, the Department of State reported that Ethiopia's Ministry of Women, Children, and Youth Affairs announced that it intends to decrease its current processing rate from approximately 50 cases per day to five cases per day, effective March 10, 2011. If this decision is implemented, prospective adoptive parents who have begun the process to adopt from Ethiopia could experience significant delays. Please check the Department of State (DOS) website at www.adoption.state.gov for the most recent updates.

Q.  If I have a case pending in Ethiopia now, how will the new procedures announced by the Government of Ethiopia affect my case?

A.  If you have already been matched with a child but have not yet finalized your adoption in the Ethiopian courts, this new procedure could lead to significant delays.

Q.  Will the U.S. Government take any action in light of the Ethiopian Ministry of Women, Children and Youth Affairs’ recent announcement?

A. The U.S. Government will continue to work closely with the Government of Ethiopia to preserve the adoption program while also seeking to improve the program’s integrity and transparency.

Q.  Have any cases been denied in Ethiopia based on findings of fraud?

A. No cases from Ethiopia have been denied based on findings of fraud, and in fact, the vast majority of cases are approved. However, both USCIS and DOS have significant concerns about certain fraud indicators and patterns that suggest possible malfeasance or unethical behavior in some cases.

Q.  What was the result of the January 2011 trip conducted by officials from USCIS and DOS to review adoption processing in Ethiopia?

A.  The interagency site visit yielded the following observations and conclusions about adoption processing in Ethiopia:

• In general, the children presented in Ethiopia meet the definition of orphan under U.S. law and meet the evidentiary burden required to approve the Form I-600 orphan petition
• Various fraud indicators identified through case review suggest that there may be inappropriate activity in terms of how children are identified as available for adoption. More detailed and targeted analysis is ongoing

Q.  How many cases have been transferred to USCIS Field Office Nairobi from Embassy Addis Ababa as not clearly approvable in the past year?

A. USCIS Field Office Nairobi has received fewer than 10 cases transferred from Embassy Addis Ababa in the past year. Most were private adoptions of family members.

Q.  Why will more cases be sent to the USCIS Field Office in Nairobi now?

A. Due to concerns about the number of cases presented that contain inconsistent or conflicting information, USCIS anticipates that more cases will likely be transferred to USCIS Field Office Nairobi going forward. USCIS and DOS have agreed that cases submitted to Embassy Addis Ababa containing substantive inconsistencies or discrepancies should be transferred as not clearly approvable to USCIS Field Office Nairobi for appropriate action.

Q.  How will I know if my case is transferred to USCIS Nairobi and what do I need to do?

A.  If your case is transferred, please see the following general steps for what to expect and what may be expected of you:

Step 1	Embassy Addis Ababa will inform you if your case is transferred to USCIS Nairobi.
Step 2	USCIS Nairobi will confirm that your case has been received.
Step 3	USCIS Nairobi will review your case and all supporting documentation and evidence to identify any potential issues, discrepancies, or concerns with such documentation or evidence and then take appropriate action.
Step 4	If deemed necessary, USCIS Nairobi will send a Request for Evidence (RFE) or take other appropriate action.
Step 5	You will have an opportunity to respond to such RFE or other action by working with your adoption service providers and/or orphanage director to provide the requested documentation or evidence.
Step 6	USCIS Nairobi will review the information you provide, and ultimately, make a determination on your adoption petition.
Step 7	USCIS Nairobi will inform you of the decision, and if your petition is approved, will return it to Embassy Addis Ababa for visa processing.

Q.  If I receive a Request for Evidence, do I need a lawyer to respond?

A. You are not required to retain a lawyer to respond to a Request for Evidence. We anticipate that in a majority of these Ethiopian cases, the issues cited in the RFE can be satisfied through further investigation, clarification or correction of evidence, or gathering of additional evidence. Your adoption service providers, both on the ground in Ethiopia and in the United States, and/or orphanage representatives, should be able to help you to resolve such issues in most cases.  

Q.  I already began the process of adoption from Ethiopia, can I adopt from a different country now?

A. Yes. If you have already filed or if you still have a valid approval of a Form I-600A, Application for Advance Processing of an Orphan Petition, that specifies Ethiopia as the country from which you intend to adopt, you are permitted to request one no-fee change of country. Please click on the Change of Country link to the left for more information.

MOWA/MOWCYA court news

I am going to post here a few parts of a notice from yet another agency. It was a long notice and I am just going to post the parts pertaining to the issues in Ethiopia for general population not their specific clients or agency. I think it is good news to hear that others are getting news of progress. I am hearing this sort of thing from several agencies. Which usually means that they are closer to coming to a decision of what will work out to be the new normal. Still waiting for something official.
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Over the past week we have been working in collaboration with Joint Council, other licensed Adoption Service Providers in Ethiopia and the US Department of State to get clarity on the proposed changes instigated by the Ministry of Women's Affairs that would have drastically reduced the number of adoptions
processed by their office.

(..non pertinent section deleted )
What we know as facts are:
MOWA posted a notice indicating as of March 10th they would be reducing the number of adoptions processed through their office to 5 cases a day.

Within days of this announcement, the director of MOWA and several other staff members from the ministry have been terminated.

Today we want to update you on the feedback we received yesterday from our foreign staff in Ethiopia, which was confirmed in a discussion with our adoption colleagues in a Joint Council caucus call later in the day.

At this time, all Foreign Staff on the ground in Ethiopia are reporting that MOWA has completed their staffing changes and are now currently working at full capacity to complete those adoption cases currently re-scheduled or assigned a court appointment through the courts of Addis Ababa. Our staff believe this to
be around 800 cases they are working at full force to complete with no restrictions on the number of cases processed each day. This is great news! We are thrilled to hear these drastic changes do not seem to be going into full effect.

We are also pleased to report that for new cases moving forward; it appears the original changes proposed by MOWA will not be implemented to the degree of 5 cases a day. At this time it is unknown whether or not MOWA will issue a formal statement regarding how they will process cases in the future, but from all discussions it will not be a drastic decrease from before. Through the continued work, meetings, and advocacy of many Foreign Staff members in Ethiopia, it appears any future changes within the case processing for MOWA will avoid sweeping and disproportionate alterations to the number of cases processed each day. Rather, the hope is that MOWA, Joint Council, Adoption Service Providers, the US Department of State and other NGO organizations can come together to support the government of Ethiopia in strengthening the process for ethical adoptions to continue while also improving the general social structures to assist with family preservation in Ethiopia. This plan was acknowledged in the recent posting by the US State Department this morning at http://adoption. state.gov/ news/ethiopia. html.  We understand the US Department of State cannot issue a formal statement without MOWA issuing a retraction. Based on the information we are receiving, MOWA is concentrating on processing the current adoptions and the new staff is not focused on numbers, but doing their jobs.

We and our trusted colleagues look forward to collaborating to ensure adoptions move forward with the highest level of transparency possible. It is our commitment to carefully, ethically, and mindfully complete the adoption process on every level for orphaned children. Our hope is that as we do this in collaboration with other licensed agencies, we can also help to eliminate future concerns by MOWA and continue to build trust between their office and the adoption community at large.
....(non pertinent section deleted ).

Another view on the MOWCYA slow down

A news article about the issues in Ethiopian adoption by an Ethiopian American. This is a good article and gives some view into the issues around adoption and the perception of Ethiopians in Ethiopia as well as some here in the US. I want to point out that the persons mentioned in the article as having concerns are those in the elite societies of the culture. This is the same report we heard when we were there in 2008.  Many, many others who we have met in that time, there and here, are more than supportive, seeing the problems. In most cases we are asked how our children came to be orphaned. They are always pleased that we adopted them. We have never felt anything other than support. For a culture who prides itself in it's young people as the future of the country, there would naturally be alarm at so many of them leaving and under questionable circumstances perceived by this group of concerned persons. I will agree with the article in the stance taken to suspend the authority of any agency found to have engaged in fraudulent practices regarding obtaining children for adoption. This must be stopped. The Ethiopian government has the right to pull the licenses of adoption agencies who are found to have been unethical in this way as well as to suspend the license of others while suspicions are investigated. Let's hope they do it and get it done quickly so children who are truly in need of a family can be given that very precious gift.
So, with that said. Go read this very very excellent article, expressing some real and legitimate concerns.
http://ethiomedia.com/above/2284.html

MOWA/MOWCYA court news //encouragement for PAP's

Some recent news from an agency:
___________________
We thought we should share two more good pieces of news to start the weekend!

First, MOWA wrote 25 letters yesterday! These are letters for all agencies and we are not sure if this trend will continue, however we will take it while we can!

Second, all our families that traveled for court on March 11, 2011 passed!
____________________

I think that it is encouraging to see the effort to get the letters done for kids who are waiting for their family to be able to pick them up. And, for the first time in a long time all families passed because NO ONE was missing their MOWA (now called MOWCYA) letter!!!!! That is great news!