Guatadopt prides itself on allowing all opinions an equal voice and being objective. Obviously from my latest Writer's Corner post and how we covered the current situation, I have been more understanding of what the CNA is facing and the current course of action. With that said, Hannah Wallace is someone for whom I have nothing but the deepest respect and admiration. In the piece below, she makes some very excellent points and hers is a voice that definitely deserves to be heard.
So PLEASE click on more to read her take.
Posted on behalf of Hannah Wallace, President of Focus on Adoption
Last Friday, the Press in Guatemala announced that the new Attorney General and the new director of the Adoption Unit at the PGN, in conjunction with the new CNA, were going to "audit" all cases, and investigate all cases including birthmother interviews. We know that the last PGN were selectively investigating all cases, including abandonments, and sent many abandonment cases -after months of investigating them -
to other courts to have them investigate the abandonment decrees for "validity".
Susana Luarca posted a response to these issues on www.adaguatemala.org that raises the legitimate legal question of whether the CNA has any legal jurisdiction over the grandfathered cases. It does not take a lawyer to know that the only role the CNA has in the grandfathered cases was in their registration and there are legitimate concerns about the abuses of authority which has characterized the last administration, where the rule of law was compromised by many parties: the President, the Department of State, the Ministry of Foreign Affairs in arguing for the reinstatement of the Hague Treaty, the Congress in over riding the Constitutional Court in passing the Hague Treaty accession, and the Congress in passing an adoption law - under duress from Unicef and the U.S. Department of State - which violates the notarial process and birthfamily relinquishment rights, as well as putting children at great risk, while undermining the current child care system which is entirely private and relies on adoption fees. There are those who will argue that violations of the adoption law justifies asserting policies which are, in themselves, illegal. * It is a personal opinion that this is a slippery slope.It is easy to find some abuses in the former process, as well as to declare that they are more widespread than they might be, in order to rationalize actions which may have no legal precedent. I think that serious violations (not minor ones) have many LEGAL recourses to address them.
However, shortly after alerting CCAI to those issues and plans, with concerns that the CNA had not started doing the work of developing regulations for new cases, and were inappropriately getting involved in grandfathered cases, the PGN held a meeting with some adoption Attorneys and this meeting was reported as being mainly favorable by some observers and attendees. However, now we have a report in Siglo XXI which contradicts the substance of the meeting and creates a lot of anxiety about when the PGN will begin to approve cases, what authorities they will assume in order to do so, and what role the CNA will play in the grandfathered cases, a extraordinarily large number of which are being considered to have violations (650) by what standard it is hard to know.
There are some who in trying to "understand" the CNA and PGN are in some ways defending actions which are an abuse of authority, violates the current laws, and in so doing are giving the new Central Authority and other now powerful government officials a big benefit of "doubt", as it is not at all clear that those who are now in positions of power in regard to children and adoptions have "the best interests of the child" in mind.
In fact, I think that we need to find out more about the various individuals who now are in power in Guatemala, what their inter-relationships are, what roles they've played in the past, and determine what actually needs to be done in order to (1) assure that all legal adoptions in process get resolved as quickly as possible as many have been delayed for years with no cause (2) examine what the role of the courts are in this new "regime" and whether they are independent (3) examine the history of those who now comprise the power in the CNA (4) determine what has been accomplished by the CNA in developing the regulations which the law does enpower them to do (5) and have a more public dialogue about ways to replicate the services (albeit inconsistent) that were only being provided by private service providers and now are being provided by no one, or by the severely disadvantaged private hogar system of childcare. I call upon Guatemalans with knowledge of their politics to lend some insight into the positions, political alliances, and any prior consideration of child welfare issues to support these appointments.
How many of those orphanages have closed? or are closing? Where have the children gone when their Hogar closes? How many children have been born and not been able to be relinquished since Dec.31 ? What has happened to children all over Guatemala who might have gone into the adoption process if it were available.? With fewer hogares available, with many only able to care for the children already in their care, with few government alternatives and with no funding for childcare, one has to question the emphasis on former evils and lack of acknowlegement of current and future evils which are being visited upon the most disadvantaged in Guatemala.
It's time for all to stop feeding off the problems of the past and begin to try to find solutions within the current law, which the US Department of State and Unicef and other so called child advocates worked so long and hard to pass. Let's not emphasize finding past officials accountable on the backs of the current and pending adoptions; let's follow the law and complete those adoptions AND hold the current officials accountable for putting a new system into place that truly puts children first !!!! That would be a small miracle, IMHO.
Hannah Wallace, President, Focus On Adoption
All I can say is "Amen" to everything Hannah has posted.
Posted by: TLG at May 1, 2008 07:26 PMI can understand both Hannah's and Kevin's perspectives on what is going on now with PGN. My heart aches for all of those in PGN now. But I have a pratical question as sometime you got out of PGN several weeks ago.
I have a question about the 650 case number posted in Siglo newspaper.....I see that Hannah interpreted this as 650 pending cases with possible problems. But I read it differenty, I read it as 650 cases (which sounds high to me but it could me) that PGN approved after CNA was set up but PGN did not interview b-moms or visit child. Does this make sense to anyone else? If that's what Siglio meant, do you see CNA trying to do anything about cases approved by PGN but children are still in Guatemala....
Posted by: Susy at May 1, 2008 07:47 PMAmen Hannah!
What a well written article.
Melissa & Guy
Posted by: Melissa at May 1, 2008 08:12 PMSounds great to me!!! Will the people who need to read this likely read it or hear about it? Does her voice have some power or influence to it?
Posted by: Kelly at May 1, 2008 09:55 PMHannah,
Thank you so much for your thoughts. Well Done!
My question:
Is there any action that we could take to facilitate the legal and timely completion of the grandfathered cases? Is there someone we would write to that would have influence? Media outlets?
Thoughts would be appreciated as it is so hard to sit and wait.
Posted by: allison at May 2, 2008 08:44 AMVery good article.I thank God we completed our adoptions before this mess started.I pray for the parents and children trapped in this situation. The bureaucrats quickly realized their power rests in being able to hold cases in limbo.The old system with all its alleged corruption is being replaced with a system possibly more corrupt and less concerned about the welfare of the children.
Posted by: Henry at May 2, 2008 10:24 AMI to would like to ask if we should be doing more right now. We have been talking with each other for a couple of months but should we be involving those in authority?
Posted by: Trish at May 2, 2008 10:32 AMHannah's perspective is well-thought and balanced.
I ask that we consider as a community how we can use our influence to arrive at Hannah's well-stated goals that we all want?
"...let's follow the law and complete those adoptions AND hold the current officials accountable for putting a new system into place that truly puts children first !!!! "
Posted by: Lorna at May 2, 2008 12:53 PMI thank God we finished our adoptions prior to the current mess. I'm sorry for the children and parents caught in this situation. The prior system with its alleged corruption is being replaced with a worse system that has less regard for the children.The bureaucrats quickly discovered that the power resides in retaining cases in limbo.
Posted by: Henry at May 2, 2008 02:11 PMAdoptions in Guatemala
NOTICE: New PGN Plans to Review of All Adoption Cases Currently in PGN
April 29, 2008
The new Guatemalan Solicitor General (Procuradoría General de la Nación) or “PGN” advised the U.S. Embassy on April 29 that it plans to review all adoption cases physically present in the PGN office, including those that may have already been approved by the PGN under its former leadership. The PGN emphasized that cases approved by their office should be transparent.
The PGN indicated that in certain cases they will require the presence of the birth mother and child to verify identification. They confirmed their intention to identify any cases that are readily approvable and to release them as soon as they have been reviewed.
The Embassy continues to be in frequent communication with the PGN and has expressed the hope that the review of cases can be accomplished as quickly as possible, in the best interests of the children who have already spent months separated from their birth parents and are in need of permanent homes.
Ok guys.
I called PGN and the lady which answered the phone told me that they are working on the adoptions, but no " espediente " has been realised, not even for cases approved. And this isn't anything new. Anyone out there has some news about next week?
Thank you.
Vince
Posted by: vince at May 2, 2008 06:32 PMI found this article today, i thought i would post it.
Guatemala to review pending adoptions
GUATEMALA CITY, Thu May 01, 12:03 AM
Guatemalan prosecutors said Wednesday that they will conduct a legal review of all of the country's pending adoptions, after an initial probe turned up irregularities.
The Attorney General's Office said that 2,286 case files will be re-examined. The vast majority of prospective adoptive parents are U.S. couples.
"We are going to study the case files deeply," said Jorge Meng, a spokesman for the prosecutor's office. "We have found some deficiencies in some of them."
Some 1,027 case files that are missing documents or show other irregularities will be returned to the notary publics who prepared them for correction or clarification, he said.
Meng could not estimate how long the review process would take.
"We hope that it will be soon, but we don't want to say two weeks, because that would create a deadline."
Elizabeth Hernandez of the country's National Adoptions Council said she hoped the review process would be quick.
"It doesn't make any sense to delay the process longer and have the children in institutions," Hernandez said. "We hope that this can be reviewed quickly, and have children whose cases are in order be delivered as soon as possible" to adoptive parents.
Prosecutors want to work with the council to interview birth mothers and check children's medical condition.
Meanwhile, four birth mothers who claim their children were stolen from them in 2006 and 2007 began a hunger strike in front of the offices of President Alvaro Colom to demand that their children be located.
Norma Cruz, whose non-profit organization, Survivors, is supporting the women, said they are demanding that officials open government archives.
"We are asking for access to the case files on adoptions carried out between 2006 and 2007, as well as immigration files and asking that the Attorney General's Office and the national adoptions board show us some of the girls who could be their daughters," Cruz said.
An investigation of Casa Quivira adoption agency turned up a slew of irregularities, including at least five cases in which birth mothers were allegedly given false identities to avoid having to seek permission from family members and a judge to give up their babies.
Last August, 46 children in the process of being adopted by U.S. families were seized in a government raid at the agency.
Eighteen other mothers could not be found under the identities that case files provided, prosecutors said.
Prosecutors describe the probe of Casa Quivira, considered one of Guatemala's best adoption agencies, as their first serious attempt to investigate a US$100 million (euro64 million) industry that has made tiny Guatemala the largest source of adopted U.S. babies after China.
Some 29,400 Guatemalan children have been delivered to U.S. homes since 1990 — so many that one of every 100 Guatemalan babies born each year has been growing up in an American home.
Under the country's new adoption law, which took effect Jan. 1 to comply with an international treaty to prevent human trafficking, adoptions will be taken out of the hands of agencies and lawyers and handed over to Guatemala's notoriously sluggish courts and the National Adoptions Council.
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My agency said it is time to contact jcics, senators and congressmen.
Posted by: Lori at May 3, 2008 11:49 AMThe same argument again just a new phase of problems. It seems to me that IF the Central Authority/Consejo has now realized that as much as 25% of the cases that they registered have some sort of irregularities, then they have every right to require those irregularities be addressed. Now, it may be as simple as a problem with paper work that an attorney can attend to quickly. However, I suspect that the problem includes some amount of fraud (exactly how much, I have no idea). As such, if the Consejo received fraudulent documents (i.e. identity change of a child or birth mother), more power to them to investigate and make certain that child is appropriate for placement. I mean, who can argue against that? Of course, expediency is essential and the reality is that these things seem to drag along and time is precious.
Posted by: karenms1 at May 4, 2008 02:34 PMAny one knows if any research medical center is offering money to study people under stress? With all the stress I have I can become rich!!! My wife life and mine is in "neutral" waiting for good news. Another miserable week-end!!
I hope tomorrow we will know something positive.
Vince
Posted by: vince at May 4, 2008 05:31 PMI heard that all the second reviewers at PGN have been replaced. Has anyone else heard this? The downside is that those of us who were issued previos by our second reviewer, then fixed them and were resubmitted, would likely have moved on to the next step after that. Now, we'll have to have someone brand new review our file, taking who knows how long, and finding a whole new set of things they don't like (someone forgot to cross a 't' or dot an 'i'). Lest anyone think I'm being too hard on PGN or the process, we've been in the process of adopting our daughter for almost 19 months, many of those months spent in PGN for who knows what reason.
This doesn't seem like good news to me. Anyone else out there have thoughts about this?
While I'm on the subject, does anyone know why on earth some cases fly through PGN in 3 weeks and others linger there for months on end? Particularly when both cases are fully legitimate without serious problems? I hope and pray that the new PGN leadership will look at the enormous inconsistency of how cases move through and bring some fairness and consistency to the process.
Posted by: anonymous at May 4, 2008 10:41 PMWe received an email this weekend forwarded by our agency that was from "World Partners adoption" He had received info from one of their attorneys that PGN was going to interview the last 45 cases that were signed off by Barrios and she suspected he was going to do that with all the other 2600 grandfathered cases. This would be a disaster!!
Has anyone else heard this?
ha ha ha Vince, Good one! Maybe I can be studied too...i've developed a nervous twitch...probably from lack of sleep from worrying about everything!
We will get through this together!
Posted by: Diana at May 5, 2008 01:21 PManonymous - Do a search on the guatadopt forum called "attorneys getting special treatment" and you'll read a whole lot of information about that. I suspect with the change of leadership you will not see that anymore.
Posted by: CarolynP at May 5, 2008 01:41 PMI was just notified by my attorney that our birth mother will be interviewed on Thurs. and they said that all birth mothers will need to be interviewed. They said this is a requirement from the new authorities at the PGN.
Posted by: Gina at May 5, 2008 04:07 PMMy agency told me today that PGN *was* going to conduct birth mother interviews and that this would get underway on May 8. I suppose this is the best way to ensure these children have not been taken illegally but it's hard to bear another delay because who knows how long this will take. Hopefully it will be handled efficiently, respectfully and quickly.
Posted by: MacKenzie at May 5, 2008 04:38 PMTake a look at " PRENSALIBRE.COM ".
There is news: The PGN is stopping all the adoption for one month. This has been requested by an association for the wellbeing of the children. The new AG said that they know that about 80% of the cases have irregularities and that next thursday all the lawyers involved in the adoptions will meet at the PGN for "clarification".He also said that the mothers will be " heard " again.
Vince
Posted by: vince at May 5, 2008 05:22 PMSorry guys!! It's not 80% of the cases, it's 80 cases. Sorry again.
I just called my attorney in Guatemala. She told me she was at the PGN last friday. The window reserved to the lawyers was closed ( cerrada ) and that 5 attorneys were working hard to review all cases.
Vince
Posted by: vince at May 5, 2008 05:52 PM