{Posted on behalf of Susana Luarca, ADA}
Kelly and friends,
The retaliation of the PGN is a direct consequence of the criminal charges filed against three PGN lawyers: the director, Victor Hugo Barrios Barahona, the director of the section of the Childhood and Adolescence, Josefina Arellano and Abel Calderon, one of the PGN reviewers. The charges were pressed against them by the grandfather of a little girl whose file was kept hostage by the PGN for over eight months, for no valid reason. The girl is at the hogar Primavera and the accusations are a smoke screen to conceal the fact that they have abused their power in more ways than one and will have to answer for that. Attacking the hogar that shelters the child, is the PGN lawyers idea of a legal defense.
When the PGN does not approve the adoption, the notary can choose between doing whatever the PGN wants, or to pass the case to the Family court, where the judge decides whether to approve the adoption or not. That road has not been used very often, because the judges are not willing to contradict the PGN, but since the abuses of the PGN got so bad, many cases have been filed with the courts and approved by them.. When the PGN found out about this, the Attorney General and Arellano went to talk to all the judges, to request from them that the PGN were notified of the court approvals, under the pretense that the PGN wants to keep track of how many children are adopted. The First Judge immediately complied with the request, but the clerk who got the copies of the approvals of the PGN did not tell anyone about them, so the three days that are the term to file legal resources, expired before the PGN realized that they have been served. We were told that she was immediately fired. When the next notification of another approval arrived, the PGN filed a petition right away to annul the approval, which is totally out of line. Adoption is a voluntary matter, that cannot become litigious, so there is no room for that kind of petitions and much less from the PGN, who has nothing to do with a private matter such as an adoption. The judges are confused for all this turmoil, especially because they do not know what is what lies beneath the PGN opposition, so they feel caught in the middle of a dispute between the lawyers and the PGN. But what it is at stake is far more serious. The legal system of the country is being tested when the people in power feel free to perform hostile takeovers of private orphanages, holding the babies hostages, taking lawyers into custody, undermining the authority of the courts and discrediting the people and the orphanages that stand between the abandoned children of Guatemala and a very somber destiny. On the other hand, this could be an eye opener for those who believe that the State should control adoptions, because if the State could not handle forty six babies in a well run facility, how can we expect them to care for the thousands of children who will be deprived of private care if adoptions are no longer possible? It is urgent that the private system remains in place, duly accredited before the central authority, who could not be the PGN, for its notorious incompetence, neither Bienestar Social, for the same reason.
The Secretaria de Bienestar Social de la Presidencia (Secretariat of Social Welfare of the Presidency) was created by an illegal decree of the then president, whose legislative powers are limited to issue regulations of already existing laws. Only the Congress can pass laws and the people of Guatemala cannot be obligated to obey orders that are not based on law. The SBS issued a decree (illegal as well) ordering all those establishments that care for children, to register with them. Primavera does not obey illegal orders, so that is why it is not among the ones who did so. But that does not make Primavera a clandestine crib house, because it is legally formed and registered at the Civil Registry, as it should be. The allegations that Primavera is a clandestine crib house are ridiculous, but coming from the newspaper whose editor is the brother in law of Wendy Widmann de Berger, we find it easy to understand its ulterior motives. Time is running short and Berger has his days numbered as President of Guatemala. The coveted reward of 28 million dollars in exchange for closing down adoptions in Guatemala is so near, yet so far, that he and his wife are getting very desperate. At the celebration of the 50th Anniversary of the Military Academy, when Berger was interviewed by the press, his only concern voiced to the reporters was that the Congress has not approved the adoptions law, a proposal known as the Ortega Law, which would effectively close down adoptions in Guatemala. In a country punished by malnourishment, poverty, violence, embezzlement of the public funds, drug dealing, child labor, sexual exploitation of the children and many other terrible things, the reward explains why is that Berger is so focused in an adoption law that would derail a system that really works, allowing a few thousand of children every year .to escape from a certain death.
The lack of veracity of the article published in Prensa Libre is matched by its lack of respect of the privacy of the people who are adopting and the children who are being adopted, despite the warning of the judge who told them that according to the law, the matters of the Family Court are private. Our apologies to the families whose names were mentioned in the article.
The PGN has said that the children cannot be at private orphanages without a court order. That is not so. The judges of the Childhood and Adolescence contradict the PGN, refusing to issue court orders to admit children at those centers, when the child is being relinquished by the birthmother, because the scope of their jurisdiction are the children whose rights were violated or are about to be violated.. The Law of Integral Protection of the Childhood and Adolescence (PINA Law) is meant to remedy the situation of the children who do not have a family or whose family is abusive, and of the juvenile transgressors. A child being adopted is not a child at risk. As simple as that.
The court rulings will remain and the PGN will have to quit playing games with the adoptions files. The request for documents that are already in the file, for requisites that have no legal grounds and for conditions impossible to fulfill and more impossible to be legally justified by the PGN, are exhausting everybody’s patience. Mot of the PGN staff are on their way out and they will have to answer for all the harm that they have done. Casa Quivira will always be the example of what a government should not do and of the harm caused by the raw ambition of someone who wanted all.
Susana Luarca, Attorney at Law
Guatemala City.
Thank you. You are the only one in place who can help these children. I am very grateful to you. May you live a long, long time.
Posted by: Carol at September 3, 2007 07:05 PMSusana,
You are truly an awesome person! Thank you, for all that you do!
Mr. Calderon is my PGN lawyer right now (2 weeks in). I had been advised that he is one of the best PGN reveiwers you can get. Am I being given false information? Do I need to worry (more than I already am)?!?!?
I must say this is all so frightening, and this is why I entered into the process 1.5 years ago, feeling with all certainty that I would have my child home before all this came down. I do feel that my child has being given for adoption without coersion from a lawyer. She is a very young girl and has her parents full vote for adoption of her/my child.
I do pray for all the GQ children and now the Primivera children and realize that my daughter could be next. I will write to my Senator and congressman on their behalf. Keep the faith!!!
Thank-you for posting this.
Posted by: cheryl at September 3, 2007 08:28 PMThank you Susana, Kelly and Kevin for all that you do!!!!!!!!!!!!!!!!!!!!
I know with the elections in Guatemala around the corner and things will be crazy. Susana in my eyes you are a GOD send,you do so much for these children and I know that you are doing all you can do to give them better lives in loving homes with loving families. Susana keep safe in these troubling times and know that we know you are keeping our children safe. Soon to be parents of two boys in your care.
Our prayer are with you!
Susana, thank you for defending the children. Bless you.
Posted by: Lisa at September 3, 2007 09:02 PMForgive my ignorance, as so many on this board have such insight into this situation! I am trying to make sense of all of this. Could someone explain the 28 million dollar reward for closing adoptions that Ms. Luarca referred to? My apologies if this is old information or if I should ask this in another area of the board. Thank you to everyone for all your valuable information.
Posted by: Smith at September 3, 2007 09:28 PMThank you, Susana, for this informative post. I must admit, I'm not sure I understand the Ortega Law. If it does get passed, what does that mean for in-process adoptions?
Posted by: JLR at September 3, 2007 10:06 PMSmith and JLR, as I understand it, the referenced $28 million is the incentive UNICEF has promised the Guatemalan government to become Hague compliant, even if the manner in which that compliance is achieved leads to a complete shutdown of international adoption. The Ortega Law is the harshest of a few proposals currently on the table at the Senate that would lead to that situation....but my understanding is murky at best, so if anyone reading this finds an error, by all means point it out, because I don't like spreading misinformation.
Posted by: Nathan at September 3, 2007 11:03 PMWhat good do these comments make? It is the fighting between the attorneys and the governments that has caused this to happen. I do not care about their politics. I just want my son and he is at Primivera
Do not play political games with our life.
Does this mean cases in PGN will stop until this is all resolved? We have been in for 10 weeks - and are waiting for our daughter to come home! Drew
Posted by: drewt at September 4, 2007 12:09 AMI believe the 28M she referred to is the money that UNICEF has promised in exchange for stopping all adoptions.
Posted by: Linda at September 4, 2007 06:36 AMTo our readers (and this is itended to be informational for you all, not a jab):
The Guatadopt archives have a wealth of history and information. By using the search mechanism on the site and spending a few minutes, you can find answers to many questions. For example, for what JLR requested, a search on "Ortega Law" will bring up about five past threads that show its history and a translation of the proposal.
The Guatadopt "staff" and our contributors are extremely busy. Susana, for example, obviously has things to work on right now. So please give the archives and a search a try to find information on things whenever possible.
Once again, not a jab just a notice to let you know that one of the reasons our site upkeep costs are always on the rise is because we don't delete content from the site and you can find most info requested (although sometimes it takes a few minutes to find the right thread).
Thanks,
Kevin
Guatadopt.com
Why not just register with the SBS if it could have avoided this?
Posted by: tam at September 4, 2007 08:25 AMMr. Calderon was our PGN reviewer as well. We were out 8 weeks and 1 day after resubmission (for no PA). I was very pleased.
Posted by: kristen at September 4, 2007 09:09 AMKim
How do you know who your PGN lawyer is? I was told there was no way to track your case once it entered PGN-like it's a black hole out of which no information can escape. If you have some way to contact them pleeeeaase let me know
Adoption Supervisors was able to give me the name of my PGN lawyer and the case number. I had to hire them when I was 10 months along and still not in PGN.
Kim
To the Guatadopt staff and Susana:
Thanks for posting this so we can understand the motives behind both PGN's actions and Prensa Libre.
To the the involved families, my thougths are with all of you.
Kerri
Posted by: Kerri at September 4, 2007 01:23 PMtam,
I was told the same thing- that you can't track the case once it was in PGN....when I read Kim and kirsten's posts I wondered how did they know their lawyer?? Would love to know mine!
Susana,Thank you so much for all your love and care about the children of Guatemala. I thank God for people like you that will stand up for the children. We will have people praying for the situation that the right thing will be done for the children and families of Guatemala and the people adopting.
Posted by: Debbie at September 4, 2007 06:34 PMWe are the parents trying to adopt the little girl who's file was kept hostage for eight months. This has been a very difficult process, and we are very close to the end. Thank you for all that you are doing to move this case along.
Posted by: Charlie at September 4, 2007 10:04 PMPGN has a parent hotline you can call. It is great! The number is 502 2248 3200 Ext 2037. When you call a recording answers and when the voice stops you just press the extension number and then a woman answers the line in Spanish. I just said do you speak English and she did. Her English is great. I was told though by someone that it is best to call in the afternoon. She can give you an update on you case. I'm not sure if she can tell you who your attorney is because I didn't ask. I was very scared to call, but glad I did. It was very easy. This woman recommends you call every two weeks for updates.
Posted by: Kelly at September 5, 2007 09:26 AMWhen I read this I couldn't help feeling a serious attempt at emotional manipulation. I always try to remember that there are two sides to every story and each side has a vested interest. We are obviously (and unfortunately) caught in the middle of something between the PGN, government, and lawyers.
Adoption is a very trying experience and as much as I want my daughter out of PGN and home, I refuse to be used by anyone on either side and get emotionally sucked into something I really don't know the truth about and have no control over. It makes me a much happier person.
Our son's file entered the PGN in January of 2006 (yes, 20 months ago). We were k/o'd last June 2006 and it took exactly 12 months to correct a problem with one of the birth mom's documents. Our son will be two next month and we hope and pray that he will be here before the end of the year. This process has been grueling and we would be devastated if something was to happen to Guatemalan adoptions.
Posted by: Kris at September 5, 2007 12:07 PMGoverment at it's Worst, Susana at her BEST!! We both appreciate all of the hard work that you & your staff do. Maybe you should run for Presidente!! If there is anything that we can do over in the states please let us know. We have contacted our senators already. I believe UNICEF is SATAN!!! People need to really look into what this program really represents and whom supports the supporters........
Posted by: Abby & Brad Crosby (Pedro's Parents) at September 5, 2007 03:04 PMTracie and Tam,
From what I understand, every case has two attorneys and a facilitator. The mandatory signs the documents but isn't necessarily involved in the details of your case. That person is on the POA you prepared--so you likely have their name. The Notary is the attorney in charge of your case...but he usually has a facilitator (maybe a paralegal) who is really doing the "work." We were able to get the name of our facilitator from our agency (I guess not all agency's would be comfortable providing that information. My husband speaks Spanish so we have been able to speak directly to her. I know you could also easily find out if you hired Adoption Supervisors to help with your case.
Could someone please tell me what this "PINA" law is? I have seen it on several post but can't seem to find out what it is. Thanks!
Posted by: Kat at September 5, 2007 08:50 PMSusana, I appreciate your tireless and fearless dedication to children. Thank you for your service.
Without the histrionics, provacative remarks, and political attacks, I would like you explain the registration issue in a little more detail. Why is the Presidential decree "illegal"? Is that just your opinion, or has the court made a ruling? What is the downside to just registering with SBS and avoiding unecessary fights? How would that negatively affect the children in your care? And what do you think are the odds of your own Primavera establishment being raided like Casa Quivira?
Many of us here are ignorant about how things really work down there, so we would appreciate any insight and education you could give us. Thanks in advance.
Posted by: GM at September 5, 2007 10:38 PMAm I missing something or has it not been stated this is more than a case of registration and that Arellanno is requiring a COA for relinquishments? If they are requiring a COA thats a lot more than just registering that is moving the relinquished children into Arellanos domain where COA's are very hard to get and can take years.
Posted by: mom at September 6, 2007 12:52 PMSusana,
From one Mother to another, I thank you with all of my heart!
Lizzie
Proud Mama to Anarosa since 5-26-04
Waiting for Migdalia
Kelly
Are you sure you posted the correct PGN parent hotline?
I called and it was the wrong number
We deeply appreciate the excellent care our beautiful little daughter has received at la Primavera since shortly after her birth in 12/06. While her arrival is nowhere on the horizon, I cannot begin to express the gratitude or admiration we have for Susana, and all those who working so diligently to bring her home. It is heartbreaking to witness these events, and remain essentially powerless to alter them. We invite others to join our family a moment of prayer, each day at 3 pm, for the children, their families, their advocates, and caregivers. Thank you and God Bless!
Posted by: Mary Anne Urlakis at September 8, 2007 03:53 PMTo Tam:
The number definitely works. The lady was able to give me a status of where we were and told me that I could call every 2-weeks.
Dial the string like this----------------011-502-2248-3200-------------wait until the pre-recorded message is finished completely and then enter the ext. 2037-------when someone answers just simply ask in spanish "tu habla ingles" if she does not she will get someone that does. She will ask you for your PGN case number and within seconds you will have your answers. This is a God send for me to just no where we stand.
A really big thank you KELLY!!!
Dioses Bendiciones,
Paul
Posted by: Paul C. at September 14, 2007 05:09 PMhow can i contact my parents that are in guatemala right now?? i have a 10 digit phone number but that isnt enough to reach tehm. i am worried about them!! help me!!!!
Posted by: Liesl Hawkins at September 28, 2007 02:15 AMI pray for the safety and happiness of the children affected by corruption and greed. I also pray for us all to have the courage and strength to do the right thing regardless of the consequence.
May God Bless and guide each and everyone of you in this process.