Hi All,
I am on the BOD for Focus on Adoption and we have serrious concerns over the sneaky inclusion of the ICARE bill with budget allocations, since it has not been able to get out of committee due to serious flaws in it's proposals (IMHO). (personal soap box here, not an FOA stance) ICARE actually goes beyond the Hague requirements, which have taken over 10 years to implement yet ICARE has only been around for 2 yrs and while Senator Nickles is well intentioned (some of ICARE could be implemented and streamlines without making an ICA office) and an adoption advocate she is missing some big points. That plus her new co-sponsor has pretty strong opinions on "who" should be allowed to be parents ie. not singles.
OK off personal soapbox and put my FOA hat back on..... , FOA has put out a call to action concerning the ICARE Bill... this WILL impact IA for everyone adopting from every country so please read through this and consider our concerns.
Thanks
Traci
.
April 20, 2005
Dear Members,
It has come to our attention that the ICARE bill has been added as an
Amendment (45) to Senate Appropriations Bill S. 600 and is likely to
be brought to the floor for a call vote next week. The general
feeling is that this will pass the Senate and ICARE will be funded.
While we believe that the revised ICARE is well-intentioned
improvement over the previous version, it is still not in a form that
is ready for passage by the Senate and could have a very negative
impact on Intercountry Adoption in its present form, both for
families seeking to adopt and children worldwide for whom
international adoption is a solid option.
Our concerns are outlined below. We ask you to read and consider
these points. If you believe these concerns to be valid, we are
asking for an immediate call to action. Please contact your
Senator's office (and also copy your local Congressional office as
well) and pass the word to all of your adoptive families, friends,
media and adoption community resources immediately to voice your
concerns over this bill and ask them not to pass Senate Bill 600 with
the ICARE Amendment 45 attached as written.
For information on how to contact your Senator go to:
http://www.senate.gov/pagelayout/sen..._with_teasers/
states.htm
COMMITTEE MEMBERS – appropriations committee 109th Congress
http://appropriations.senate.gov/mem...ers.htm#assign
ADOPTIVE FAMILIES and ADVOCATES: Bullet Points
Adoptive families, who have been excited about the passage of the
automatic citizenship aspect to this bill, should also be concerned
about the future of their own adoption processes and might want to
question:
1. timely selection and training of people to handle cases in
the new OIA;
2. potential for processing delays once the OIA is officially up
and running after 180 days
3. time families will have to spend abroad
ADOPTION PROFESSIONALS: Bullet Points
1. all of the above and their impact the process for families
choosing adoption, plus
2. the impact overall on children worldwide for whom adoption is
the best option
3. General and Specific Concerns listed below
Below is an outline of the concerns regarding this legislation as
presently written:
A. BACKGROUND – Senate Bill 3031 (updated version of S. 1934)
entitled the Intercountry Adoption Reform Act ("ICARE") was
introduced in its revised form in the Senate on December 7, 2004.
We understand that this bill, or some version thereof, may now be
tacked onto Senate Bill 600, the Department of State Appropriations
Bill---which is long (129 pages) and wholly unrelated to adoption
(addresses a broad range of issues, such as funding for the Peace
Corps), for consideration and voting by the Senate in April-May,
2005. We believe while the ICARE is well intentioned, and is
somewhat improved from the version submitted previously, it is still
not in a form that is ready for passage by the Senate.
ICARE proposes:
(1) Child Immigration Status - to elevate the citizenship rights of
internationally adopted children from immigrants to US citizens
immediately upon completion of their adoption cases; and
(Note: The Citizenship benefits of the ICARE bill can be put into
law with simple changes, without the extended regulatory scheme or
need to create the OIA, proposed by the remainder of ICARE)
(2) Combine CIS and DOS into One New Federal Office (OIA) - to
overhaul the administrative/procedural systems governing
international adoption processing within the federal government by
moving all primary responsibilities from two (2) established federal
agencies to a single new federal agency that is dedicated exclusively
to adoption functions. Under ICARE both of these changes must be
accomplished within a six (6) month time frame after passage of the
bill into law. ICARE's stated policies -- (i) to ensure that
foreign born children adopted by US citizens will be treated
identically to a biological child born abroad to the same parent,
(ii) to improve the current process and make it more citizen-friendly
and child-oriented, and (iii) to foster best practices; are noble,
warranted and widely supported goals, if implemented properly with
sufficient review, public comment and possible revision.
STATUS – We understand that ICARE will likely be attached to the back
of Senate Bill 600, an appropriations bill unrelated to adoption
(addresses a broad range of issues, such as funding for the Peace
Corps), for voting in April-May, 2005. Concern is that this bill is
being fast-tracked and forced for voting by a Senate that has not
fully considered all issues to vote on the law. ICARE is still not
ready for passage into law. If it were, it could stand on its own
and be approved as a freestanding bill after appropriate Senatorial
debate and consideration. Attaching it to an unrelated bill implies
that the legislators voting on it will be presented to vote on
something about which they are not completely informed (on content
and impact) and from which they are greatly distracted by other
issues.
B. GENERAL CONCERNS
a. Time Frame - 180 days to hire and train employees and move
all responsibility for new case processing, is unrealistically short
b. Change is Massive – All new cases from US families filed 180
days after law passes will be processed by new office – This will be
several thousand adoption cases involving 20+ different countries.
Delays will emerge. Timeframe for implementation should be modified
to provide for a phased, planned approach that will allow the new
office to get staffed, trained and ready before all new cases shift
automatically by operation of law.
c. No contingency plans if deadlines not met. If the system is
not up and running on the 181st day, no federal agency will have
jurisdiction to handle the new cases and to ensure their continued
processing without delay!
d. Countries required to standardize practices as dictated by
U.S.
e. Families must spend Substantial additional time in country
f. Politicized role of OIA and its leadership should not be
used to limit opportunities for US families to adopt, to overrun
state and local law, or to make adoption a bargaining chip in the
broader executive agenda.
g. Unclear Role of OIA relative to Adoption Process. ICARE has
added a substantial number of additional responsibilities for the OIA
such as oversight on family training, fee analysis, and dossier
review for accuracy. The role of the OIA is unclear and seems to be
duplicative of many of the functions currently handled by adoption
agencies, and is duplicative, inefficient, and wasteful of federal
resources.
C. SPECIFIC CONCERNS
1. Massive Change/Changes are Enormous
a. All functions in CIS and DOS move to one governing office
(OIA) that does not even exist yet
b. New leadership, policy and procedures must be developed and
implemented.
c. New staff – Will need to be hired and trained. Many are
likely to be inexperienced in the direct functions embodied in the
scope of their responsibility and require extensive training.
d. DOS – Stated recently stated at an adoption conference that
it is wholly unprepared to take on the responsibilities embodied in
the ICARE law.
2. Unrealistic Timetable – OIA must be formed on or before 180
days after passage of ICARE (Section 101(a), with all new cases
transferred on the same timetable (180 days after passage – Sections
111 and 121). Potentially, the cases could transfer the same day as
the office opens. This massive shift of responsibility to a new
office is not realistic. The transfer of cases should be a
thoughtful, phased transition over time after the office is fully
staffed, trained, and ready to undertake its new responsibilities.
New cases will be delayed while the office learns how to operate.
3. ICARE Contains no Contingency Plan for Failure to Meet 6
Month Deadline – All new cases will be transferred automatically by
operation of law 180 days after passage of the ICARE law. (See ICARE
sections 111 and 121). What happens if the 1day old OIA is not ready
to process these cases on the 181st day because the OIA is hiring and
training its brand new staff? If the OIS is not fully operational on
the 181st day, no other government agency has jurisdiction over the
new cases to ensure continuity of processing. Delays will emerge.
4. Special Advisor Becomes a Politicized Leadership Role Appointed
by US President – S. 3031 gives extremely broad power to the OIA and
Ambassador at Large to develop and implement adoption policy and law
within the executive branch of government (Sections 101(b)(1), 101(b)
(3)(B), 101(b)(3)(D), 101(c)(1) and 101(d)(2), 101(c)(4). The power
is too broad and not appropriate for the following reasons:
- Executive branch should not have the power to determine who is a
fit parent. This broad, unlimited power could be used by the
executive branch to limit opportunities for US citizens to adopt
(beyond what is contained in applicable state and foreign law).
- While the new version of the bill states that the Ambassador at
large "ha[s] no regulatory power," this language does not go far
enough. Any language should state that the "powers do not include
the power to implement policies or procedures, or to advise the
President to propose or support laws, that limit opportunities for US
citizens to adopt. Qualifications for US citizens to adopt shall
continue to be determined according to state and local law."
- Adoption Policy should not be determined at the Federal Level
making it vulnerable to becoming a political bargaining chip in the
broader executive agenda.
5. Staffing - Still concerned about who will fill the OIA staff
positions. CIS and DOS staff may not transition to comparable
positions in OIA. Who, how and where will OIA staff acquire their
prior expertise? What is their level and area of education? Who will
train them? Country-specific methods? How will new staff transition
to their positions and keep cases moving to avoid delays? Will
qualified candidates from the adoption agency community be considered
and utilized for their expertise and experience or would this
background be considered a "conflict of interest" within the meaning
of Section 101(e)?
6. OIA Size and Operating Budget – Bill S. 3031 still contains no
detail on budgeting issues, or how much in assets/liabilities being
transferred to OIA (Section 112). How much of the CIS budget has
been designated for transfer to the OIA? How much budget have ICARE
sponsors determined is necessary to fund the office? How much staff
will be required?
7. Investigation, Adjudication and Enforcement – ICARE added
enforcement powers (Section 102(c)(6)). Does it have the enforcement
staff and procedures in place to investigate and adjudicate child
trafficking and other wrongdoing?
8. The United States of America Should Not Impose Requirements on
Foreign Governments (Section 206(1). ICARE requires foreign
governments to standardize practices to comply with US-defined
procedures (with "certification") (Section 206(1). Foreign countries
often lack the infrastructure or may refuse to comply with US
demands, particularly countries that have not implemented Hague and
do not have a central authority. Result may be non-approval of
adoption from specific countries not willing or not able to comply
with US demands.
9. 15+ Days In Country Post Adoption for Child Adjudication
(Section 206(a)(2))- Families already must remain in many foreign
countries for several weeks and/or travel more than once (i.e.
Kazakhstan, Brazil, Ukraine and Russia, etc). The requirement of an
additional 15 days for child adjudication (and longer for any appeal
thereto) will make adoption cost prohibitive and impossible for many
American families to adopt from these countries. (Section 206(a)(2)
10. Unclear Role of OIA relative to Adoption Process. Section 202
now includes a substantial number of additional responsibilities
under the scope of the OIA with respect to family training, fee
analysis, and dossier review for accuracy. Section 202(5), 202(6)
(A), 202(B)(6), 202(B)(7). The role of the OIA is unclear and seems
to be duplicative of many of the functions currently handled by
adoption agencies. Asking the US government to review dossiers for
accuracy is duplicative, inefficient, and wasteful of federal
resources.
A, Home 3/02
M, Home 1/04 
