Inside this Issue (click title to jump to the article):

FOSTER/ADOPTION SYSTEMS
Michigan: “Reduce time in foster care: Kent parental rights case ought to spur efforts to streamline appeals process.”
NATION: Children Missing from Foster Care?
Utah: “Utah child welfare officials turn down federal funds”

ADOPTION/Assisted Reproduction
California: “Law leaves same-sex genetic parent in cold after split-up”

FOSTER/ADOPTION SYSTEMS

Michigan: “Reduce time in foster care: Kent parental rights case ought to spur efforts to streamline appeals process.”
By: MLive
Kent County Family Court Judge Patricia Gardner terminated Ms. Melissa Kucharski’s parental rights in 2001 because of issues including substance abuse. Throughout the 2 year TPR appeals process, the minor child has been in limbo, bouncing between at least 6 different foster families before current foster parents took him in in 2000 and eventually adopted him. In 2003 the adoption was voided by the state Supreme Court, but the minor child remained in the foster parents’ custody due to the biological mother failing two subsequent drug tests. In June of 2003, Judge Patricia Gardner recommended that Ms. Kucharski’s parental rights be terminated once again because of failure to comply with the reunification plan. Ms. Kucharski chose to not challenge custody of the child and to waive parental rights. The writer notes that this case demonstrates the importance of court guidelines to streamline the TPR appeals process. During such a formative period in a child’s life, the goal of all the parties involved should be stability for the child. Over the last few years progress has been made in streamlining the TPR appeals process. The average TPR appeal took 325 days in 2001. It was reduced to 279 days in 2003 and now stands at 227 days, according to the Court of Appeals. Although deference should be given a parent’s fundamental right to raise their own children, the courts should end that entitlement when the parents are shown to be unfit or incapable to continue their duty as a parent.
The Grand Rapids Press, August 3, 2004
Click HERE for story

NATION: Children Missing from Foster Care?
By Steve Jordahl
The Child Welfare League of America (CWLA) estimates that approximately 5% of foster children over 12 have run away from their foster homes for an extended period of time, while many have never been found. Illinois is one state that has successfully taken steps to return these children to their respective homes. The Illinois Department of Children and Family Services have devised a weekly effort to track children who have gone astray through missing children units.
Family News, July 21, 2004
Click HERE for story

Utah: “Utah child welfare officials turn down federal funds”
By Jacob Santini
Utah and Michigan are the only two states who did not request the maximum of voucher funds available through the federal John Chafee Foster Care Independence Program geared to assisting teenagers leaving foster care. Utah was eligible for $161,000 in vouchers, but sought only $64,000 due to the absence of a program able to expend that amount of money. The residual money Utah did not apply for went to assist emancipated foster children in other states. A recent study has shown that 60 percent of teenagers are unemployed in the first two years after leaving foster care. For girls, 60 percent are pregnant within the first two years, and 90 percent of foster children don’t have health-care coverage. The Utah Department of Children and Family Services have spent the majority of 2004 devising a program to distribute vouchers in the upcoming fiscal year; Utah has requested $151,000 in vouchers for 2004.
The Salt Lake Tribune, July 26, 2004
Click HERE for story

ADOPTION/Assisted Reproduction

California: “Law leaves same-sex genetic parent in cold after split-up”
By Maura Dolan
Currently before the California court of appeals is a case involving a lesbian couple and their children. K.M., the genetic mother, donated her eggs to her partner, E.G., the biological mother, and from this twin daughters were conceived. After the couple split three years later K.M. brought a suit against her former partner for visitation and parental rights. The California court appeals recently ruled that K.M. had no legal right ever to be with her two children again. The Court stated that they agreed that K.M acted as a parent and that the children had bonded with her, however, the law left them with no other option stating that functioning as a parent does not bestow legal status as a parent. Deborah Wald, a family law attorney in San Francisco, explained that under a new California statute that will take effect next year, same-sex couples who are registered with the state as domestic partners will be legal parents to children born households. However, the law will not affect children born before Jan. 1. 2005. She recommends that same-sex couples who already have children ensure their parental rights using other legal procedures if available to them such as adoption. The California Supreme Court is expected to decide later this summer whether to consider this case.
Chicago Tribune, August 1, 2004
Click HERE for story

July 21, 2004

Inside this Issue (click title to jump to the article):

FOSTER/CHILD WELFARE SYSTEMS
WASHINGTON: “HHS LAUNCHES NEW CAMPAIGN TO ENCOURAGE ADOPTION OF CHILDREN FROM FOSTER CARE”
TEXAS: “CPS JOINS PUSH TO GET CHILDREN OUT OF FOSTER CARE”
MICHIGAN: “KIDS EXITING FOSTER CARE LOSE OUT ON STATE’S HELP”
KANSAS: “PROGRAM PAIRS ELDERLY, KIDS IN FOSTER CARE”
“SPECIALIZED FOSTER CARE CURBS TEEN VIOLENCE”

INTERNATIONAL ADOPTION
INTERNATIONAL: “GERMANY MULLS ADOPTION FOR GAY COUPLES”

FOSTER/CHILD WELFARE SYSTEMS

WASHINGTON: “HHS LAUNCHES NEW CAMPAIGN TO ENCOURAGE ADOPTION OF CHILDREN FROM FOSTER CARE”
Secretary Tommy G. Thompson announced a new national public service advertising (PSA) campaign which will focus on encouraging families to adopt children in foster care.  The new campaign will educate adults about the processes one must go through to adopt as well as the assistance that is available to people who wish to adopt.  Wade F. Horn, Assistant Secretary for Children and Families, stated that there are resources available such as a new $10,000 tax credit, which went into effect in 2003.  The PSA will run the ads during donated advertising times and can be seen at the campaign web site, www.AdoptUSKids.org.
U.S Newswire, Thursday, July 15, 2004
Click HERE for story

TEXAS: “CPS JOINS PUSH TO GET CHILDREN OUT OF FOSTER CARE”
By Melanie Markley
Child Protective Services (CPS) is working to raise public awareness about the children in the Houston area awaiting adoption by hosting various events.  Ella Zamora, director of the Texas Adoption Resource Exchange, says that increasing the visibility of the children has encouraged adoptions.  Adoption rates have increased since agencies such as CPS have utilized the web to post available adoptions as well as adoption information for interested families.  In 1995, 871 children were adopted through the CPS agency and last year the number had increased to 2,444.
Houston Chronicle, July 16, 2004
Click HERE for story (free registration required)

MICHIGAN: “KIDS EXITING FOSTER CARE LOSE OUT ON STATE’S HELP”
By Jack Kresnak
The Michigan Family Independence Agency (FIA) turned down more than $1.2 million funding offered by the government, through the John Chafee Foster Care Independence Program for education, to help foster children that age out of the system.  The FIA director, Marianne Udow, stated that she was told the money was declined because FIA managers did not have enough staff to handle the paperwork and felt other states could benefit more from the money.  When Michigan declined the funds, the money was split up and given to other states who needed more funds.  Thomas Westerfield was dismissed from Michigan’s foster care when he turned 18 and said he had trouble communicating with the FIA and he was never told about the Chafee funds he could have applied for to help his transition.  Chafee funds currently supply up to $5000 a year for tuition, $1400 to get an apartment, and some aid to help with obtaining a vehicle.  Sharon Riveria, president of UAW Local 6000, which represents professional state employees, stated that Michigan declined the funds largely because it did not have enough workers that could organize how the funds could be used.
Detroit Free Press, Tuesday, July 20, 2004
Click HERE for story

KANSAS: “PROGRAM PAIRS ELDERLY, KIDS IN FOSTER CARE”
By Noemi Herrera
At Royal Terrace Nursing and Rehabilitation Center in Olathe, Kansas, a new program called the Foster-Grandparent Program has been created which allows senior citizens to become foster grandparents.  Residents are given the opportunity to volunteer some of their time to connect with younger children who have been abused or neglected and are in need of someone to show they care about them.  The program will eventually consist of about one visit per week and will allow for the child and the foster-grandparent to engage in various activities such as playing games, reading, and taking walks together.
The Kansas Star, Wednesday, July 14, 2004
Click HERE for story (free registration required)

“SPECIALIZED FOSTER CARE CURBS TEEN VIOLENCE”
Reuters
For teens that engage in violent behavior and cannot live at home, a specialized form of foster care, therapeutic foster care, may be an option.  Three studies of therapeutic foster care have shown that teenagers that have gone through the program are 57 percent less likely to end up in jail than those children who went through residential group care programs.  Dr. Akiva Liberman, a researcher with the National Institute of Justice in Washington, D.C., stated that therapeutic foster care is not cheap but that it may save money in the long run by reducing justice system costs.
Reuters, Thursday, July 8, 2004
Click HERE for story

INTERNATIONAL ADOPTION

INTERNATIONAL: “GERMANY MULLS ADOPTION FOR GAY COUPLES”
BY Kyle James
Back in 2001, the registered partnership law was passed giving gay and lesbian couples in Germany some of the rights and privileges heterosexual couples have. However, the law did not include the issue of whether the couples would be allowed to adopt children.  Now, Germany has planned to expand the rights of the registered partner law and starting January 2005, gay and lesbian couples who are registered as life partners will be required to pay alimony to a partner if the relationship ends.  Future plans include allowing stepchild adoptions where one partner may co-adopt the child of their partner.  Conservatives are angered by the partnership law and are against the ideas of expansion.  One conservative argues that it’s a risk to allow the adoptions because we do not know how homosexual relationships affect children.  A vocal advocate for gay and lesbian issues argues that traditional ideas about family are not very current.
Deutsche Welle, Sunday, July 18, 2004
Click HERE for story

July 14, 2004

Inside this Issue (click title to jump to the article):

FOSTER/CHILD WELFARE SYSTEMS
WASHINGTON: “OVERFLOWING DOCKETS, LACK OF SOCIAL SERVICES FRUSTRATE FOSTER CARE JUDGES”
FLORIDA: OPINION: “CLEAR SIGNS OF PROGRESS IN TROUBLED FOSTER CARE”
INDIANA: “BLACKS IN FOSTER CARE DISPROPORTIONATELY”

FOSTER/CHILD WELFARE SYSTEMS

WASHINGTON: “OVERFLOWING DOCKETS, LACK OF SOCIAL SERVICES FRUSTRATE FOSTER CARE JUDGES”
By: Connie Cass
According to a recent survey, judges who hear child abuse/neglect cases say their largest frustration is the lack of drug treatment and basic parenting skills to help parents.  More than 2,200 judges who hear these cases responded to a survey by Fostering Results, a nonpartisan public education project financed by The Pew Charitable Trusts.  Retired Judge Nancy Salyers of Cook County, Illinois, co-director of Fostering Results, notes that there just are not enough services to deal with parent substance abuse problems.  The court system becomes more frustrated when a child cannot be returned to their unsafe home nor become adopted until their parents are given time to rehabilitate themselves.  Because of overcrowded dockets, said former Texas district Judge Scott McCown, “You wind up giving minutes to a case when you should give it several hours and you just don't have the hours to give.''  According to the Pew Commission on Children and Foster Care, half of the children in foster care spend an average of about 2 or 3 years in the system.
Midwest News, Thursday, July 1, 2004
Click HERE for story

The National Center for Adoption Law & Policy is proud to be a partner with the Public Children Services Association of Ohio in the Fostering Results project.  For more information on this exciting initiative, the Pew Commission recommendations, and the Fostering Results judicial survey, please visit our website at http://www.law.capital.edu/adoption/fostering_results.htm.

FLORIDA: OPINION: “CLEAR SIGNS OF PROGRESS IN TROUBLED FOSTER CARE”
News Journal Online
In 1998, Florida passed a law ordering statewide privatization by 2003.  A non-profit agency, Community Based Care of Volusia-Flagler Counties (CBC), was contracted to head the foster-care privatization. From the beginning,  CBC had problems, including difficulty completing the job for the amount of money the contract provided.  Currently, turnover among caseworkers is down and the state has responded to CBC’s concerns by increasing the contract price to $20 million.  According to the writer, however, problems are continuing to surface across Florida at an alarming clip, but candidates may still hail foster-care privatization as a success story. Volusia and Flagler counties' experience supports a different conclusion, the writer notes. Even with a reputable provider, an active and an informed Community Alliance, privatization is still struggling, making it a hugely risky gamble with the safety of abused/neglected children at stake.
Daytona Beach News, Monday, July 5, 2004, Opinion Section
Click HERE for story

INDIANA: “BLACKS IN FOSTER CARE DISPROPORTIONATELY”
By: Eunice Trotter
In Indiana, according to a 2003 Family and Social Services Administration and U.S. Census statistic, about 38 percent of the 5,100 children in foster care are black.  State Rep. Bill Crawford, D-Indianapolis, has asked that a study be done to figure out why so many black children are entering into foster care.  Carol Spigner, a child nationally known child welfare official, states that many troubled black families are not provided the help they need to get their children back. Many people believe that better training for caseworkers would also help.  "Current federal funding mechanisms for child welfare encourage an over-reliance on foster care at the expense of other services that might keep families safely together," said Carol Emig, executive director of the Pew Commission, on Children in Foster Care, a national research group dedicated to the issue.
The Indianapolis Star, Thursday, July 8, 2004
Click HERE for story

July 8, 2004

Inside this Issue (click title to jump to the article):

FOSTER/CHILD WELFARE SYSTEMS
TEXAS: “SURVEY: TOO MANY CHILDREN STUCK IN TEMPORARY FOSTER CARE”
PENNSYLVANIA: “STRICTER FOSTER CARE SCREENING ADVANCES”
WASHINGTON: “REPORT SAYS 25% IN D.C. FOSTER CARE AREN’T ADOPTED”

INTERNATIONAL ADOPTION
CZECH REPUBLIC:  “CHAMBER DEFEATS ADOPTION REFORM MEASURE”
U.S.: “MORE US BIRTH MOTHERS CHOOSE TO PLACE THEIR INFANTS WITH CANADIAN FAMILIES”

DOMESTIC ADOPTION
OPINION: “UTAH’S NEW RULES BURDEN COUPLES WHO ADOPT CHILDREN”

FOSTER/CHILD WELFARE SYSTEMS

TEXAS: “SURVEY: TOO MANY CHILDREN STUCK IN TEMPORARY FOSTER CARE”
By Susan Shepard
A survey in Texas shows that only half of the 125 Texas judges who participated said they had received training in child welfare before they had begun hearing child welfare cases.  The study also found that the time judges were given to hear each case was insufficient.  Scott McCown, a retired state district judge, stated that when he was a judge his dockets were overcrowded and he needed more time for each case.  Judge Camile Dubose who sits on the Child Protection Court of South Texas stated that she has seen many developments and that Texas has made changes to help the children in their child welfare system.
The Daily Texan, Monday, July 5, 2004
Click HERE for story
Also see:
http://www.cnn.com/2004/US/07/01/foster.care.judges.ap/index.html

PENNSYLVANIA: “STRICTER FOSTER CARE SCREENING ADVANCES”
By Jo Ciavaglia and Harry Yanoshak
Currently, Pennsylvania’s foster care system requires screening applicants for child-abuse and criminal backgrounds.  However, Senator Tommy Tomlinson introduced a bill that would also require foster care agencies to search as far back as ten years into the applicant’s history.  The Pennsylvania Foster Parent Association supports the stricter bill though they are concerned the ten year check may deter some qualified applicants.
The Intelligencer, Thursday, June 24, 2004
Click HERE for story

WASHINGTON: “REPORT SAYS 25% IN D.C. FOSTER CARE AREN’T ADOPTED”
By Theola Labbe
Twenty-five percent of children placed into foster care in D.C. are not adopted before they reach the age of majority.  By the end of April, about half of the 2,800 children in foster care were older than 13 and a child in D.C. can be legally adopted until they are 21.  The District is trying to make improvements and in 2000 a federal guideline was implemented to reduce the time a child should stay in the foster care system. A current report shows that the time it takes for a foster child to be returned to their families is now down to less than a year.
The Washington Post, Wednesday, June 30, 2004
Click HERE for story

INTERNATIONAL ADOPTION

CZECH REPUBLIC:  “CHAMBER DEFEATS ADOPTION REFORM MEASURE”
By Vanessa Bulkacz
A bill that included a revision of birthmother consent law was defeated in the Czech Republic’s Chamber of Deputies on June 30. Current law requires that a birthmother wait six weeks before putting her newborn up for adoption. The revision would have maintained a six-week window post-birth, but only for finalization of the adoption; it would have allowed birthmothers to put their newborns up for adoption immediately after birth. This proposed change was meant to reduce the amount of time newborns are spending in Czech institutions. In keeping with that aim, the bill also included a three-month time-limit for courts to decide on adoption cases. Opponents to the bill said that the six-week waiting period allows birthmothers to think more clearly through the decision. Moreover, those who voted against the bill state that the family courts and Justice Ministry, rather than the legislature, ought to bear the responsibility for ensuring adoption cases move efficiently.
The Prague Post, Thursday, July 8, 2004
Click HERE for story

UNITED STATES:   “WHILE U.S. COUPLES SPEND TENS OF THOUSANDS TO ADOPT CHILDREN FROM ABROAD, MORE AND MORE US BIRTH MOTHERS CHOOSE TO PLACE THEIR INFANTS WITH CANADIAN FAMILIES”
By Gabrielle Glaser
The number of American children being adopted by foreign parents is a number that isn’t tracked, according to the U.S. Department of State. However, Canadian immigration statistics show that 600 U.S. born children have been adopted by Canadians since 1995.  Of the numerous children awaiting adoption in the U.S. foster care system, some are finding homes with adoptive parents in other countries. Experts note that the number of American children being adopted abroad is small—probably in the low hundreds—in comparison with the 22,000 foreign-born children adopted by American families last year. Experts speculate that the number is growing; Indianapolis adoption attorney Steven Kirsh placed over 100 American-born children since 1991. Commentators highlight racial prejudice to be an issue in finding adoptive parents for U.S. children awaiting adoption.
The Oregonian, Sunday, July 4, 2004
Click HERE for story

OPINION: “UTAH’S NEW RULES BURDEN COUPLES WHO ADOPT CHILDREN”
By Lance Rich
New rules in the State of Utah will serve to discourage birthfather travel in international adoptions, discourage families from adopting by requiring agencies to add speculative ‘base fees’ to adoption expenses, and finally, raise the cost of adoptions by making it difficult for adoption agencies to meet Utah training regulations. The rule will not permit birth fathers involved in an international adoption to accompany a birth mother in her travel, at the expense of adoptive parents, to meet the potential parents of his child. Commentator criticizes the change by relaying the value in allowing a birth father to accompany a birth mother traveler: First to support the birth mother through a potentially intimidating or stressful travel; second, to allow the opportunity for the birth father to build familiarity and share with adoptive parents, which will eventually reach the adopted child. Rich warns that some families will be less likely to place their children with Utah families as a result of this changed rule. Fee itemization changes will require agencies to present higher fees to adoptive parents; the rule was created to protect adoptive families from unforeseen charges, but its effect is likely to deter families. Lastly, a reasonable aim of ensuring that adoption professionals are trained will also elevate the cost of adoptions for adoptive parents.
The Salt Lake Tribune, Sunday, July 4, 2004
Click HERE for story

June 30, 2004

Inside this Issue (click title to jump to the article):

CASA Study: Continued Coverage

ADOPTION/FRAUDULENT ADOPTION
WASHINGTON: “GUILTY PLEA IN FEDERAL ADOPTION FRAUD CASE”

FOSTER/CHILD WELFARE SYSTEMS
CALIFORNIA: “GRAND JURY BLASTS COUNTY CHILD WELFARE SERVICES”
OHIO: “FOSTER KIDS HIGH SCHOOL GRADUATION RATE DISMAL”
NORTH DAKOTA: METH BOOSTS FOSTER CARE CASELOAD IN N.D.
CALIFORNIA: FOR FOSTER YOUTHS, GRANTS FILL THE EDUCATION GAP
CALIFORNIA: CHILDREN BENEFIT FROM RELATIONSHIPS BETWEEN BIRTH PARENTS AND FOSTER PARENTS

International Adoption
INTERNATIONAL: ROMANIA’S NEW ADOPTION LAWS

CASA Study: Continued Coverage

A recent story in the Pittsburgh Post Gazette regarding an evaluation of the National CASA program triggered substantial concern by both the CASA community and the authors of the study itself.  In last week's News Summary, at the request of National CASA and Caliber Assoc. (the authors of the study), we included material from each of them commenting on the accuracy of the Post Gazette story.  To see these earlier materials, click here.

Richard Wexler of the National Coalition for Child Protection Reform, which provided information for the original Post Gazette story, has released a response to the National CASA and Caliber statements.  Mr. Wexler has requested we include his statement in this week’s Summary.  In the name of allowing all sides in this dialogue to be heard, the opening paragraph of his statement is reproduced below and a link the full text is provided. 

NCCPR RESPONDS TO STATEMENTS FROM NATIONAL CASA ASSOCIATION AND CALIBER ASSOCIATES

The National CASA Association has launched a desperate campaign of damage control in an effort to spin a study commissioned by the group itself.  But no matter how desperately National CASA tries to divert attention, the organization can’t evade the key findings from its own study:

● Children with CASAs were nearly five times more likely to be in foster care than children without CASAs.

● Yet children without CASAs were found to be just as well off – and just as safe – as children with CASAs.

Thus, we conclude that the only real accomplishment of CASA is to encourage the needless removal of children from their homes.

Click here for Mr. Wexler’s full statement.

THIS WEEK’S NEWS SUMMARIES

ADOPTION/FRAUDULENT ADOPTION

WASHINGTON: “GUILTY PLEA IN FEDERAL ADOPTION FRAUD CASE”
Maureen O’Hagan
In a plea agreement last Thursday in Seattle U.S. District Court, Lauren Galindo pled guilty to visa fraud, money laundering and currency structuring. Galindo and her sister, Lynn Devin, operated Seattle International Adoptions since the late 1990’s. Where Cambodian adopted children might have indeed had parents in their home country, Galindo instructed adoptive parents to indicate on adoption forms that birthparents were ‘unknown’. Although court documents assert that the children were adopted under false pretenses, the finalized adoptions are not at risk of being disrupted. The maximum sentence for Galindo is 20 years, but according to her lawyers likely to be less under federal sentencing guidelines.
The Seattle Times, Thursday, June 24, 2004
Click HERE for story

FOSTER/CHILD WELFARE SYSTEMS

CALIFORNIA: “GRAND JURY BLASTS COUNTY CHILD WELFARE SERVICES”
By Stephanie Finucane
The San Luis Obispo County Grand Jury reviewed the Child Welfare Agency’s protection of children. In the report, the Grand Jury questioned departmental processes for determining whether to pursue a report of abuse, for reporting cases of abuse to the District Attorney, and for reunifying children with unresolved dangerous circumstances at home. The report calls for an independent audit of agency management.
San Luis Obispo Tribune, Wednesday, June 23, 2004
Click HERE for story

OHIO: “FOSTER KIDS HIGH SCHOOL GRADUATION RATE DISMAL”
By Robin Erb
The Toledo Blade recently reported low foster child graduation rates from recent high school classes: last year 10 out of 33 graduated, and this year 19 of 44. A study sponsored by the Child Welfare League of America reviewed the rate of graduation and other problems foster kids often experience in getting a high school education between 2001-2002.  Unexcused absences, discipline issues, and lower proficiency test scores are some of the elements the report cites. Moreover, experts note that the responsibility of tracking a foster child’s education doesn’t fall on any one person working on a foster child’s case. According to the study, the method of funding education also works against foster children; if a foster child moves out of the district when she goes to a foster home, funding doesn’t follow her. The new school will likely provide special services, and spend time administering the school change. Yet, that school won’t receive funding to offset the additional costs associated with  taking on a foster child from a different district. Under these circumstances, the foster child is more likely to be without the services or attention necessary to progress normally through high school. Toledo officials and Child services are meeting to better coordinate efforts. Child Services is hiring an education specialist to serve as a liaison between the department and Toledo schools.
The Toledo Blade, Sunday, June 27, 2004
Click HERE for story

NORTH DAKOTA: METH BOOSTS FOSTER CARE CASELOAD IN N.D.
By: James MacPherson
The foster care caseload in North Dakota is increasing and about fifteen percent of the children who enter foster care do so because someone in their family uses the drug methamphetamine.  Paul Ronningen, director of the state’s Children and Family Services Division is concerned whether the state has enough funds to take care of the effect methamphetamine is having on the foster care system. Children are placed in foster care when their parents are jailed for using the drug and the state is covering the costs which include paying for a required drug test for the children who have been exposed to the drug. Elizabeth Faust, a psychiatrist and director of the Southeast Human Service Center in Fargo discussed the state’s methamphetamine epidemic and raised the issue that the drug is everywhere, “relatively cheap, and plentiful”.
Associated Press, Thursday June 24, 2004
Click HERE for story

CALIFORNIA: FOR FOSTER YOUTHS, GRANTS FILL THE EDUCATION GAP
By: Carla Rivera
Recently the government had expanded a foster support program, known as the Chafee Grant program, which provides funds to foster youths for post-secondary educational expenses. The government has currently allocated $44 million to provide tuition assistance. One 20-year-old Cal Poly Pomona student, Lien Vong was awarded a $5,000 grant to help pay for student housing which helped to reduce the hours she need to work to afford an education. Wade Horn, assistant secretary for children and families at the U.S Department of Health and Human Services, who supports the government grant stated, “they don’t have anyone who is going to pay for college expenses or to rely on for continuing, ongoing advice and counsel, or a home to move back into if they need to suddenly. The whole idea is to provide them with some supports.”
Los Angeles Times, Monday June 28, 2004
Click HERE for story

CALIFORNIA: CHILDREN BENEFIT FROM RELATIONSHIPS BETWEEN BIRTH PARENTS AND FOSTER PARENTS
By: Monique Beeler
The Annie E. Casey Foundation has developed a program, Family to Family, to encourage birth parents to work with foster parents to remain in their child’s life. Research has shown that when a birth parent makes regular visits and works with the foster parent, the odds of the child returning to them is greater.  Diane Carleson has fostered about 400 to 500 children in the last 30 years and specializes in caring for medically fragile infants.  Carleson encourages birth families to stay in contact with their child and works with them to promote good parenting skills.  Mark Lane, director of Children and Family Services stated that “the foster parent may be the missing link to transfer some of those parenting skills.”
Alameda Times-Star, Sunday June 27, 2004
Click HERE for story

International Adoption

INTERNATIONAL: ROMANIA’S NEW ADOPTION LAWS
A law has been passed by the Romanian government which bans foreign adoptions of Romanian orphans.  DW-World readers are upset and their opinions against the ban have been made available.  Linda Robak, a supporter against the ban stated that although the ban was created to decrease sexual trafficking of children, adoptive parents are not the ones responsible for those crimes but are being negatively affected. Another reader also protested against the ban arguing that permanent loving families make such a difference in the lives of orphaned children. Thomas Haar described his frustration with an adoption that fell through because of political issues.  He believes that officials in Romania and the EU have sacrificed the best interests of the children.
Deutsche Welle, Sunday June 27, 2004
Click HERE for story

June 22, 2004

Inside this Issue (click title to jump to the article): 

Follow-up to June 8^th Report of CASA Study

ADOPTION/WHO MAY ADOPT
“FOR SINGLE GUYS, MORE HURDLES TO ADOPTION”

FOSTER/CHILD WELFARE SYSTEMS
INDIANA: “PANEL: CHANGE CHILD WELFARE LAW”
KENTUCKY: “KENTUCKY FACES LACK OF HOMES FOR ADOPTIONS”
KENTUCKY: “CHANGES TO FOSTER PROGRAM COULD MEAN MORE INTERACTION WITH PARENTS, CHILDREN”
MAINE: “FOSTER PARENTS OF SPECIAL NEEDS CHILDREN BRACING FOR PAY CUTS”
INDIANA: EDITORIAL: “IN CHILDREN’S MEMORY, NEXT GOVERNOR MUST TAKE STEPS TO FIX THE SYSTEM”
MISSOURI: “SOME WANTED FOSTER CHILD; ALL DENIED”

International Adoption
INTERNATIONAL: “SINGAPORE WOMAN HELD RUNS ADOPTION AGENCY”

Follow-up to June 8^th Report of CASA Study

Through its Weekly News Summary, the National Center for Adoption Law & Policy seeks to inform all of those concerned with children’s issues of current developments in adoption and child welfare law and processes.  We try very hard just to report the news and to avoid comment or bias in our reports.  We also try to avoid censoring our content by including or excluding stories based on our organizational view of a particular topic.  Thus, there are times when stories we summarize are critical of the very systems whose missions our Center seeks to support.

That happened in our most recent News Summary, with the publication of a summary of a Pittsburgh Post Gazette article reporting on a study conducted by Caliber Associates of Fairfax, Virginia, through with a grant from the David & Lucile Packard Foundation, purportedly criticizing the Court Appointed Special Advocate Program, whose volunteer efforts we support and admire.  Although our report accurately summarized that article, the article itself has been criticized by some as misrepresenting the study.  We therefore wanted to give our readers “the other side of the story.”  The following is a letter to the editor of the Post Gazette from the CEO of the National CASA Association:

CASA improves lives
On June 8, the Post-Gazette published an article about a study we are releasing of Court Appointed Special Advocate programs ("Volunteer Advocates Little Help, Study Finds"). I was surprised -- and so were the study's researchers when I spoke with them that day -- at the misrepresentations in the article.

I am quite happy to report that the study found that CASA volunteers are "highly effective in making recommendations to the court." When a CASA volunteer is involved, both the children and the parents receive more services. Our volunteers are typically assigned to the most severe cases. Although children in such cases would normally be expected to spend much more time in out-of-home care, that is not the case when the child has a CASA volunteer.

Another study released last year showed that judges, lawyers and even the children's foster and biological parents are very satisfied with the quality of advocacy provided by CASA volunteers.

Although CASA of Allegheny County was not one of the 25 programs that submitted data for the study, that program has been among the most effective in recruiting a diverse group of volunteers and helping them advocate effectively for abused and neglected children.

The citizens of Allegheny County should be proud of what their fellow citizens are accomplishing as CASA volunteers. Thousands of abused and neglected children are better off because of them.

MICHAEL PIRAINO
Chief Executive Officer

Click Here for Mr. Piraino’s full summary of the study
Click Here for Caliber Associates’ response to reports of the study

THIS WEEK’S NEWS SUMMARIES

ADOPTION/WHO MAY ADOPT

“FOR SINGLE GUYS, MORE HURDLES TO ADOPTION”
By: Jeffery McDonald
Currently, single women make up thirty-percent of those adopting from foster care while single men only make up two percent.  For single men, barriers to adopt are considerable. Grace Brace, executive director of the International Adoption Services Centre stated “for some agencies, men are suspect because of the sex-abuse scandals. They wonder why a man would ever want to adopt.”  Despite the barriers though, adoption rates among single men has increased and not all single men adopting had negative experiences.  John Fortini of Massachusetts adopted two brothers after about a nine month process.  Associate Commissioner Susan Orr is hopeful that a national advertising campaign by the Children’s Bureau of the Federal Administration for Children and Families will attract more single men interested in adopting.
The Christian Science Monitor, Friday June 18, 2004
Click HERE for story

FOSTER/CHILD WELFARE SYSTEMS

INDIANA: “PANEL: CHANGE CHILD WELFARE LAW”
By: Eunice Trotter
The Commission on Abused and Neglected Children is requesting that Indiana legislators revise the House Enrolled Act 1194, which requires an extensive national background check on anyone who would be living with a placed child.  The act would remove a child from a home if it the check discloses past criminal behavior of anyone in the household. July 1^st is the date the law goes into effect; officials recognize there are issues regarding how it will be implemented.  At the time the law was proposed, officials did not realize that national background checks were not accessible by the states except in emergency situations. The law also does not address whether a family must have another background check if someone new moves in. After discussions between Commission Chairman Dr. Michael Patchner and Governor Joe Kernan, the governor expressed his support for an amendment to the law.
Indianapolis Star, Friday June 18, 2004
Click HERE for story

KENTUCKY: “KENTUCKY FACES LACK OF HOMES FOR ADOPTIONS”
By: Deborah Yetter
In Kentucky, the rate of children needing foster or adoptive homes is expanding beyond current available homes.  In the last five years, the number of children in foster care has increased by 900 while available homes have only increased by 360. The state is trying to attract and train more people to establish foster care homes in order to meet a two-year federal deadline to improve conditions for children in state care. The foster care increase has been linked primarily to an increase in parents’ drug use, specifically the use of OxyContin and methamphetamine. More and more, child welfare workers are being called to the hospital to take babies from drug-addicted mothers.  Kathy Gay, a supervisor for the state Cabinet for Health and Family Services stated, “The parents, they’re so hooked on drugs they don’t even realize what they’re doing to themselves or their children”.
The Courier-Journal, Sunday June 20, 2004
Click HERE for story

KENTUCKY: “CHANGES TO FOSTER PROGRAM COULD MEAN MORE INTERACTION WITH PARENTS, CHILDREN”
By: Hayli Fellwock
Previously, in Kentucky, volunteer case reviewers only had one method to make recommendations to the judge after reviewing cases, and that was by paper review. Now,  the success of a pilot program, the Independent Party Review, has encouraged the Administrative Office of the Courts to expand the program.  The program allows for options such as allotting case reviewers direct interview time with foster parents who might lose a child to their biological parents.  A court designated worker, Crystal Bohlander, discussed an interview she had with a foster parent and how she was able to discover more about the biological parents than the case file could provide her.
Bowling Green Daily News, Sunday June 20, 2004
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MAINE: “FOSTER PARENTS OF SPECIAL NEEDS CHILDREN BRACING FOR PAY CUTS”
Associated Press
The State of Maine has reduced the payments it makes to foster parents caring for the state’s foster children. Before the changes, the rates Maine paid its foster parents ranked in the top ten highest of states in the country. By the end of this fiscal year ending June 30, $800,000 in payments will have been cut. Throughout next year, the reductions will amount to $2.3 million. Critics warn that foster parent recruitment might be less successful going forward; the most effective recruiters are often current foster parents and this change might alienate an important group.
Maine Today, Monday, June 21, 2004
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INDIANA: EDITORIAL: “IN CHILDREN’S MEMORY, NEXT GOVERNOR MUST TAKE STEPS TO FIX THE SYSTEM”
The editor calls upon the gubernatorial candidates to pledge improvement of Indiana’s child protection system. Indiana’s system has been receiving unfavorable assessments. For example, Indiana is only one of two states not in compliance with Child Abuse Prevention and Treatment Act. Further, a study by the Indiana University School of Social Work finds social workers are not adequately trained. A recent federal review of systems across the nation placed Indiana in a small group of 16 states to fail the seven essential standards related to safety for children. This year’s candidates should embrace systemic reforms and address these issues in their campaigns.
Indianapolis Star, Sunday, June 20, 2004
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MISSOURI: “SOME WANTED FOSTER CHILD; ALL DENIED”
Associated Press
On June 3, 2004 Dominic Williams was found strangled in a trash bin. Dominic was in his fifth foster home since he was seven months old and had been separated from his brother and sister.  Dominic’s brother Darryl said he never knew he had a brother or sister. During Dominic’s wake, some visitors mentioned that they had requested to provide a permanent home for Dominic, but that their requests had been denied. One woman, who asked to remain anonymous, stated that back in 1988, after she was certified as a foster parent, that she wanted Dominic but was rejected. Rev. Jo Anne Matthews, the mother of whom was thought to be Dominic’s biological father, also requested Dominic, but records never showed whether that request was accepted.  The head of the Department of Social Services in St. Louis stated that she did not know why Dominic was still in foster care.
Springfield News-Leader, Monday June 21, 2004
Click HERE for story

International Adoption

INTERNATIONAL: “SINGAPORE WOMAN HELD RUNS ADOPTION AGENCY”
By Theresa Tan and Vivi Zainol
Madam Ng, a Singaporean woman, was detained in Jakarta, Indonesia because of suspicions related to baby-trafficking. Jakarta police responded to calls from Jakarta Social Welfare Agency after notification by a non-governmental agency of suspicions surrounding Madam Ng. Madam Ng runs an adoption agency, Joyful Marriage and Adoption Agency, which places Indonesian babies. Brenda, a client of the agency, had requested that Ng come to Jakarta to follow a woman who took a child Brenda likely intended to adopt. Some media reports in Indonesia say that Brenda had paid almost $2700 American, $4575 Singaporean dollars for the baby. According to Ng’s attorney, no money was exchanged. Madam Ng does not believe she has been involved with any wrongdoing.
The Straits Times, Monday, June 21, 2004
Click HERE for story

June 16, 2004

Inside this Issue (click title to jump to the article): 

International Adoption
FEATURED NEWS STORY

TERMINATION OF PARENTAL RIGHTS
NORTH CAROLINA: “RESOLUTION FOR PARENTAL RIGHTS TERMINATION CLEARS N.C. HOUSE”
“A HOME FOR JACOB: BOY TRAPPED IN CUSTODY LIMBO NEEDS A PERMANENT HOME IF POSSIBLE”

FOSTER/CHILD WELFARE SYSTEMS
KANSAS: “FOSTER CARE CONTRACTS TO UNDERGO OVERHAUL”
FLORIDA: “ABUSED CHILDREN NEED VOICES IN COURT”
MICHIGAN: “GIRLS TOWN STARTS FOSTER CARE SERVICE”
MISSOURI: “RECORDS REVEAL SHORT, ROOTLESS LIFE”
NATIONAL: “VOLUNTEER ADVOCATES ARE LITTLE HELP, STUDY FINDS”

INTERNATIONAL ADOPTION
INTERNATIONAL: “INTERNATIONAL ADOPTION LESS RISKY”

FEATURED NEWS STORY

International Adoption

JOAO HERBERT: Deported Adult Adoptee Dies in Brazil
Joao Herbert, who was adopted as a child by U.S. citizens, was recently murdered in Brazil. Joao was deported four years ago after his conviction for a drug offense.  The following are  recent news stories about Joao’s death, a past story about his deportation, and information about current and proposed legislation influenced by Joao’s story and by other issues challenging families who adopt abroad.

JOAO’S MURDER
Deported orphan is fatally shot in Brazil
By Marilyn Miller and Gina Mace
Joao Herbert, an adoptee from Brazil who was deported from the U.S. in 2000, was found shot to death in Brazil. Herbert, 26, was adopted from a Brazilian orphanage when he was 8 years old, but his adoptive parents in Ohio did not change his nationality before he turned 18.  At 18, Joao was convicted for marijuana possession and ordered deported under a 1996 amendment to immigration law making all but the most minor crimes deportable. The deportation cause international criticism of U.S. immigration policies.  Herbert's body was found in the slums of Campinas, where, according to his mother, he lived in poverty after recently opening a school.
Arizona Central News, May 31, 2004
Web Link: Click HERE for story

Brazilian police make arrest in murder of former Ohio resident
ohio News Network
Brazilian Police have now arrested Lucas Borges Seixas, Elias de Araujo, and Ronilson Eufrazio for the murder of former Ohio resident Joao Herbert. Friends say that Joao was shot by a group he was working with to buy guns after a dispute regarding missing guns. Joao’s friends say that Joao had planned to sell the guns and use the money to eventually make his way back to the United States. However, his adoptive parents find the story surprising because they had offered to fly him to Canada and his father was periodically providing Joao with cash.  Joao was 26 years old when he died Tuesday May 25^th, 2004.
June, 2004
Web Link: Click HERE for story

(Other news coverage of this story at: This LINK  and This LINK - free registration for both required)

JOAO’S ADOPTION AND DEPORTATION

Akron man faces deportation
In 1987, Joao Herbert was legally adopted from Brazil at age 8 by Ohio residents, Jim Herbert and Nancy Saunders.  Joao grew up as any American child, and quickly forgot his native language, Portuguese. When Joao’s parents adopted him, they decided to leave the choice of American citizenship up to him. At the time, American citizenship for adopted children was not automatic.  In 1997, two months after Joao graduated high school at age 20, he was arrested for selling marijuana to a police informant in his hometown of Wadsworth, Ohio. Joao was first sentenced only to probation and community treatment, but soon after was informed by his attorney that he risked deportation to Brazil. In 1996, the Immigration Reform and Immigrant Responsibility Act required that any non-citizen convicted of all but the lowest drug offense be subject to mandatory deportation.

In November 2000, Joao was deported and returned to Brazil.  He knew no one there, and did not even speak the language.
The Athens Post, April 5, 1999
Web Link: Click HERE for story

THE INFLUENCE OF JOAO’S CASE

The Immigration and Nationality Act (INA)’s provisions regarding citizenship of children adopted abroad have been amended since the time of Joao’s adoption.  The process of citizenship is still not automatic, but The Child Citizenship Act of 2000, Public Law 106-395, allows children adopted outside the U.S. to acquire citizenship at the time of adoption if they meet certain requirements.  These requirements are set out in more detail at http://uscis.gov/graphics/services/natz/orphans_residing_us.htm.

Joao Herbert’s case influenced the change in the law regarding the adoption of foreign children.  Joao’s case is specifically mentioned in the legislative history of the Child Citizenship Act of 2000.  As Rep. Delahunt of Massachusetts stated: “No one condones criminal acts, Mr. Speaker; but the terrible price these young people and their families have paid is out of proportion to their misdeeds.  Whatever they did, they should be treated like any other American kid.  They are our children, and we are responsible for them.” (146 Cong Rec H 7774)

PENDING LEGISLATION

In November, 2003, Sen. Don Nickles introduced the Intercountry Adoption Reform Act of 2004 (ICARE ACT) (Sen. Bill 1934)  The Bill was referred to a committee of the House of Representatives on March 4, 2004.  ICARE’s purposes include improving foreign adoption processes to make them more friendly and child oriented and to foster best practices in intercountry adoption.  Major measures of the Bill include:

1. Not classifying foreign adopted children as immigrants. Once adopted they will be treated as would birth children of U.S. citizens

2. Entitling an adopted child with the same rights, duties, and responsibilities as a biological child

3. According adopted children of U.S. citizens the same procedural treatment as biological children born abroad to a U.S. citizen

4. Allowing a U.S citizen to confer citizenship to their legally and fully adopted foreign born child since a U.S. citizen can confer citizenship to a biological child born abroad (Full text of the Act may be found at this link: http://www.childadvocacy.com/legislation/archives/001349.php#001349)

For more information on ICARE, see http://www.jcics.org/Adoption_Legislation.htm

OTHER NEWS STORIES OF INTEREST

TERMINATION OF PARENTAL RIGHTS

NORTH CAROLINA: “RESOLUTION FOR PARENTAL RIGHTS TERMINATION CLEARS N.C HOUSE”
Associated Press
Currently, although North Carolina law does not allow for termination of parental rights for a parent who murders the person with whom they had a child, it does provide for termination of parental rights of a parent who murders a child.  However, Thursday, the House agreed 113-0 to allow the General Assembly to consider a bill that would terminate parental rights for a parent who murders the other parent of their child. The bill would allow relatives or the surviving victim to file a petition to end the parental rights of the parent responsible for the death of the other parent.
Charlotte Observer, Thursday June 3, 2004
Click HERE for story (free registration required)

“A HOME FOR JACOB: BOY TRAPPED IN CUSTODY LIMBO NEEDS A PERMANENT HOME IF POSSIBLE”
The Supreme Court of Michigan held last year that a birthmother’s parental rights were unfairly terminated in 2001 and thus voided the subsequent adoption by the child’s foster parents. Last year’s decision allowed for the birthmother to try to regain parental rights and required that she use no drugs during this crucial time. Recent positive drug tests now prompt the lower court to begin again the proceedings for termination of parental rights. Meanwhile, the six year old boy, who has been in foster care since he was sixteen months old due to drug use by his mother and other circumstances, still awaits permanency.
The Grand Rapids Press, Saturday, June 12, 2004
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FOSTER/CHILD WELFARE SYSTEMS

KANSAS: “FOSTER CARE CONTRACTS TO UNDERGO OVERHAUL”
By: Dave Ranney
The state’s contracts for foster care and adoption services have changed.  One change allows for a foster care contractor to manage the adoption process if the foster parents wish to adopt versus having to transfer the child over to an adoption contract. It is argued that moving the child from a foster care contract to an adoption contract is disruptive. Another change is that incentives have been reworked to pay contractors a certain percent of the fee each month a child remains in the system versus paying them a set fee each month. These changes were made to allow foster children to move through the system more quickly.
Lawrence World, Wednesday June 9, 2004
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FLORIDA: “ABUSED CHILDREN NEED VOICES IN COURT”
By Bryan Casanas
The Guardian Ad Litem program (GAL) trains volunteers to pay special and personalized attention to a case where a child has been abused and neglected and thus come into state custody. As unpaid volunteers, CASAs/GALs are able to speak up in court about the circumstances surrounding the case from their independent perspective, based upon the information collection, observations, and time spent with the various people involved with the case. According to one volunteer, a CASA/GAL has no fear of losing his job, so he is more comfortable speaking plainly about the child’s best interest than paid professionals working on the case. In the county serving Clearwater, the number of GAL volunteers available will serve only half of the dependency/neglect active cases; more volunteers are needed.
St. Petersburg Times, Monday, June 14, 2004
Click HERE for story

MICHIGAN: “GIRLS TOWN STARTS FOSTER CARE SERVICE”
By Katherine Lowrie
The Girls Town Foundation has served as an advocate for children’s issues for decades, but has recently received a grant to support its plan to expand its activities into foster care placement. Eventually, the organization also will provide adoption services. The first step involved of recruiting, training and supporting foster care parents. In March, upon the receipt of the Speckhard-Knight Charitable Foundation grant, Girls Town was able to offer to complete adoptions for the foster parents and foster children in their care.
Ann Arbor News, Monday, June 7, 2004
Click HERE for story (registration required)

MISSOURI: “RECORDS REVEAL SHORT, ROOTLESS LIFE”
By Jeremy Kohler
A seventeen year old boy who was in the custody of the state of Missouri from infancy was found dead near his home, apparently having been strangled. As a premature infant, Dominic Williams had seizures and required special prescriptions and procedures. Dominic’s mother did not actively or consistently care for or visit the boy, requiring his placement into 8 foster homes throughout his life. As reunification continued to be pursued with his mother and other possible biological fathers, foster parents continued to decline adopting Dominic. His service was held this week, with an anonymously donated headstone.
St. Louis Today, Wednesday, June 10, 2004
Click HERE for story

NATIONAL: “VOLUNTEER ADVOCATES ARE LITTLE HELP, STUDY FINDS”
By Barbara White-Stack

An evaluation of the Court Appointed Special Advocates program (CASA), sponsored by the David and Lucile Packard Foundation was released this week at the CASA annual conference. CASA volunteers across the nation serve as an independent voice for the best interest of the child involved in dependency and neglect cases. The recent study looked at the following: whether there were racial biases in assignment of CASA volunteers to cases, the average hours spent per month by CASA volunteers on a case, and the difference in well-being between kids with a CASA volunteer and those without. The study finds the CASA program lacking.
Pittsburgh Post-Gazette, Tuesday June 8, 2004
Click HERE for story

INTERNATIONAL ADOPTION

INTERNATIONAL: “INTERNATIONAL ADOPTION LESS RISKY”
By: Greer Fay Cashman
As a result of a court ordering the return of an adopted child, Ellas Blass, head of the Ministry of Social Affairs Child Welfare Services, told adoptive parents that revision to the adoption law would prevent biological parents from changing their minds after a certain amount of time.  However, Greer Cashman states that risk of biological parents changing their minds does not occur with international adoptions. An amendment to the Israel Adoption Law only allows for adoptions through an approved non-profit agency and all of these agencies are under supervision of the Central Authority for International Adoption.  One such agency, Amazia, aids in finding homes for children, but also has a goal of building more Jewish Families in Israel.  The applicants do not have to be religious themselves or married, but they must meet other criteria such as being between the age of 25-48 and having been in Israel for at least three of the past five years. On average the cost of adopting internationally is about $20,000 and usually after screening applicants only 1 in 5 is allowed to adopt.
Jerusalem Post, Thursday June 10, 2004
Click HERE for story

June 11, 2004

Inside this Issue (click title to jump to the article): 

INTERNATIONAL ADOPTION
WASHINGTON: “U.S LIFTS CHINA ORPHANAGE ADOPTION BAN”
INTERNATIONAL: “TRADING BABIES”
FLORIDA: “CONSIDERING INTERNATIONAL ADOPTION?”

ADOPTION/CONSENT
PENNSYLVANIA: “PA’S NEW ADOPTION LAW”

ADOPTION/WHO MAY ADOPT
VIRGINIA: “COURT ASKED TO RULE ON 2^ND PARENT ADOPTION”

FOSTER/CHILD WELFARE SYSTEMS
TENNESSEE: “KIDS COMING OUT OF FOSTER CARE A FOCUS FOR THE STATE”
WASHINGTON: “DELAY INTRODUCES CHILD PLACEMENT LEGISLATION; WILL IMPROVE PROTECTION OF CHILDREN ACROSS STATE LINES”
WASHINGTON: OPINION: “FINDING WAYS TO CULTIVATE FOSTER-CARE SUCCESS”
NEW YORK: “BIRTH PARENTS RETAINING A VOICE IN CITY FOSTER MODEL”

INTERNATIONAL ADOPTION

WASHINGTON: “U.S LIFTS CHINA ORPHANAGE ADOPTION BAN”
Reuters Wire
 The U.S Centers for Disease Control and Prevention issued a temporary ban in April after there a measles outbreak from a Chinese orphanage.  The ban was issued after nine out of twelve children adopted in March later came down with measles. The concern was that the outbreak would spread to the United States as parents brought their adopted children home. All the orphanage children have now been vaccinated against measles and the CDC is recommending the ban be lifted and adoption procedures resume.
Reuters Thursday, June 3, 2004
Click HERE for story

INTERNATIONAL: “TRADING BABIES”
By Kate Hilpern
In Britain, Moria Greenslade attempted to sell her baby through the internet using a surrogate mothers’ website.  Greenslade made offers to three couples from whom she requested money and in return she promised each of them her baby.  The first couple handed over a sperm sample and thought Greenslade had used it to make her pregnant.  The second and third couple signed agreements stating they were the natural father of the baby even though they were not. It is not illegal to offer surrogate-mother services, but the baby Greenslade was offering had no blood relation to any of the people interested in adopting.  Greenslade’s attempt shows that people have found a loophole in Britain’s surrogacy laws. There is a risk that with a surrogate mother’s claim, a man could claim that he was the true father when he wasn’t.  Some are calling for tighter laws to control surrogacy while others argue the surrogacy laws should be loosened because the UK doesn’t have surrogacy-friendly laws.
Independent News, Monday, June 7, 2004
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FLORIDA: “CONSIDERING INTERNATIONAL ADOPTION?”
By Lauren Gold
For parents considering international adoption, the author provides some tips on how to weigh the advantages and disadvantages, selecting an agency, and some reading material. Some parents choose international adoption because it seems that they are less likely to lead to a custody dispute, but the additional bureaucratic pitfalls might be worse.
Palm Beach Post, Thurday June 3, 2004
Click HERE for story

ADOPTION/CONSENT

PENNSYLVANIA: “PA’S NEW ADOPTION LAW”
Associated Press
Adoption groups and social-service agencies have worked since 2000 to see the passage of a new state law that limits the time biological parents have to change their minds about placing their child up for adoption.  The new law allows birth parents up to 30 days to withdraw their consent for the adoption.  Before the passage of the law, adoptions in Pennsylvania were not permanent until a court process was complete, which sometimes could take up to 6 months.  A local adoption attorney, Steven Dubin, says that it is better for everyone if a birth mother knows she has a certain amount of time to make a decision.
The Associated Press, Sunday, June 6, 2004
Click HERE for story

ADOPTION/WHO MAY ADOPT

VIRGINIA: “COURT ASKED TO RULE ON 2^ND PARENT ADOPTION”
By Adrian Brune
Richmond Circuit Judge Randall G. Johnson ruled in February that to include the names of a child’s unmarried adoptive parents on new certificates conflicts with Virginia’s policy of not allowing joint adoption by unmarried couples. In response to the decision, the American Civil Liberties Union asked the Supreme Court to review a case in which three same-sex couples were denied new birth certificates for their adoptive children.  Currently, Virginia is the last state to prohibit out-of-state, same-sex adoptive parents from having both names on the adoptive child’s birth certificate. The Department of Vital Records ordinarily honors petitions made by adoptive parents to put their names on the child’s birth certificate, but gay parents Scott Davenport and Timothy Fisher, were denied adoption decrees for their children, who were born in Virginia.  On Appeal, the ACLU is arguing Vital has violated the Full Faith & Credit Clause of the U.S Constitution and the Equal Protection Clause of the 14^th Amendment.
Washington Blade, Friday, June 4, 2004
Click HERE for story

FOSTER/CHILD WELFARE SYSTEMS

TENNESSEE: “KIDS COMING OUT OF FOSTER CARE A FOCUS FOR THE STATE”
News Channel 5 News
A Kids Count Study of kids between the ages of 18 and 24 concerns state officials because the report says Tennessee must do more for the state’s young adults and especially those coming out of foster care.  The report shows that one in four of the state’s youth in the age group of 18 to 24 live in poverty, that 17% were not working, were not in school, and did not have a degree past high school. Stacy Schumaker, a former foster child, uses her negative experiences from foster care to make change and now serves on a board working to help provide foster kids with resources they need to lead successful lives. Experts say that the key is to connect foster children with community supports.
NewsChannel5.com, Thursday, June 3, 2004
Click HERE for story

WASHINGTON: “DELAY INTRODUCES CHILD PLACEMENT LEGISLATION; WILL IMPROVE PROTECTION OF CHILDREN ACROSS STATE LINES”
U.S Newswire
House majority leader Tom DeLay (R-Texas) introduced the Orderly and Timely Placement of Children Act of 2004.  The bill’s purpose is to improve the safety for children who are placed across state lines and to hold States accountable for the timely placement of children across their lines. DeLay states that records for out-of-state shipment for chickens is more precise than the record keeping for children being placed in out-of-state homes.  Some ways the Act is to improve the path a foster child must take to find a permanent home is by requiring states to check child abuse records before placing a child, requiring more communication between sending and receiving states, and creating federal incentives to help foster children find good homes in a timely manner. The current median time spent in the foster care system by children who reach out-of-state placement is about 43 months, which is 2 years longer than the average time spent by a foster child placed in-state.
U.S Newswire, Friday, June 4, 2004
Click HERE for story

WASHINGTON: OPINION: “FINDING WAYS TO CULTIVATE FOSTER-CARE SUCCESS”
By Ruth Massinga
Foster care in our country is in need of improvement, but there are more successful stories than failures, and too often the people that care for the children go unnoticed.  Those who choose to become foster parents need support and they deserve recognition. In order improve the child-welfare system, there needs to be recognition of the good works of many and not such a focus on a single bad case. There are opportunities for people to make a difference and support local agencies by volunteering, by becoming mentors, or by becoming advocates for foster children. Real improvements to the system require public help and support.
The Seattle Times, Friday, June 4, 2004
Click HERE for story

NEW YORK: “BIRTH PARENTS RETAINING A VOICE IN CITY FOSTER MODEL”
By Leslie Kaufman
New York was the first state to use a model which encourages contact and cooperation between birth parents and foster parents in issues concerning the foster child. The six-year program was so successful that it was implemented in 35 cities in 16 states. Critics of the model say that retraining of social workers is necessary before it will be effective, due to preconceived notions often held about birthparents. Proponents note that this model can help birthparents see that the best interest of their child might be in foster care.
New York Times, Thursday, June 3, 2004
Click HERE for story

May 26, 2004

Inside this Issue (click title to jump to the article): 

“BEST INTEREST” DETERMINATIONS
NEW YORK: “FOR ARBITERS IN CUSTODY BATTLES, WIDE POWER AND LITTLE SCRUTINY”

FOSTER/CHILD WELFARE SYSTEMS
WASHINGTON: “DSHS TO RELEASE AUDIT RESPONSE TODAY”
MICHIGAN: “CHILD OF THE SYSTEM: FOR THIS 3-YEAR-OLD GIRL, WHAT SHOULD HAVE BEEN A SHORT-TERM REFUGE IN FOSTER CARE BECAME A LONG-TERM SAGA”
KANSAS: “PANEL CALLS FOR SWEEPING FOSTER CARE FIXES”

TERMINATION OF PARENTAL RIGHTS
TEXAS: “CLARK SEEKS MEDIATION FUNDS”

INTERNATIONAL ADOPTION
INTERNATIONAL: “INTERNET TRANSFORMS US ADOPTION PROCESS”

“BEST INTEREST” DETERMINATIONS

NEW YORK: “FOR ARBITERS IN CUSTODY BATTLES, WIDE POWER AND LITTLE SCRUTINY”
By Leslie Eaton
Court-appointed forensic evaluators often have heavy influence over the determination of ‘best interests’ of a child in a custody decision. Judges order evaluations to get an idea of parental capacity, and some forensics choose to make specific recommendations as a part of the evaluation. There is no way to challenge or critique an evaluation unless the parties choose to go to full trial, where a cross-examination might call into question unsubstantiated opinions or lack of scientific expertise. Forensics are psychologists, social workers, or psychiatrists; they can’t be sued for malpractice because they are not officers of the court. Some suggest that forensics should limit their evaluation and refrain from making specific recommendations and that judges should stop ordering them as a matter of course.
New York Times, Sunday May 23, 2004
Click HERE for story

FOSTER/CHILD WELFARE SYSTEMS

WASHINGTON: “DSHS TO RELEASE AUDIT RESPONSE TODAY”
By Sharon Michael
The federal Department of Health and Human Services conducted a review of child welfare system in Washington between October 2001 and September 2002. The review found that Washington failed, as did all 50 states; if the state fails to improve in the areas required, the state could be fined $1.5 million. Representatives from Washington state Department of Social and Health Services says that more regional autonomy, after a heavier preference for centralized decision-making, might be part of the road map for improvement. 
Note: Audit details can be viewed online at http://www1.dshs.wa.gov/CA/cfsr/results.asp
The Olympian, Monday, May 24, 2004
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MICHIGAN: “CHILD OF THE SYSTEM: FOR THIS 3-YEAR-OLD GIRL, WHAT SHOULD HAVE BEEN A SHORT-TERM REFUGE IN FOSTER CARE BECAME A LONG-TERM SAGA”
By Jack Kresnak
A birth father and a foster mother are battling for custody of a young girl, taken into the custody of the state when her mother relinquished parental rights to seven children in total. The father has tested positive for cocaine use, but has never abused or neglected his daughter. On the other hand, the foster mother has been criticized for her apparent unwillingness to aid reunification of foster children with their birth parents. Other questionable practices related to this case include a possible conflict of interest between the judge and the foster mother, and also the inappropriate hiring by the foster mother of investigators who surveilled the habits of the birth father.
Detroit Free Press, Sunday, May 23, 2004
Click HERE for story

KANSAS: “PANEL CALLS FOR SWEEPING FOSTER CARE FIXES”
By Erin Madigan
The Pew Commission on Foster Care calls for reforms in how foster care is funded, and in court oversight of abuse and neglect cases. In a report compiled over the last year, this non-partisan panel of experts in foster care and in dependence and neglect court recommend how federal and state governments can more effectively place children in permanent homes. The overhaul would include financing of foster care for kids with parents of all income levels, increased flexibility in spending allowed for states, and assistance for children who leave the system by means other than adoption. Moreover, State Supreme Court chief justices are called to lead reform efforts of case management practices through tracking and analysis while attorneys and volunteer advocates are encouraged to gain better training for handling dependence and neglect cases.
Kansas City InfoZine, Monday May 23, 2004
Click HERE for story

TERMINATION OF PARENTAL RIGHTS

TEXAS: “CLARK SEEKS MEDIATION FUNDS”
By Roy Maynard
Over the last three years, Judge Carole Clark sent more than 37 child protective services cases to mediators and likely saved the county $875,000 in doing so. The mediation program was provided as a part of a $30,000 grant and served to keep 35 of the 37 cases out of trial. This outcome is preferable to all people involved, according to Clark, who noted that while she can only rule on whether a parent’s rights should be terminated, the parents and agency may address other issues in mediation that might make the process easier for the parent, such as visitation. The dignity of the parties is better preserved through a process that builds consensus and the county saves $25,000 per each case that stays out of the court.
Tyler Morning Telegraph, Saturday, May 22, 2004
Click HERE for story

INTERNATIONAL ADOPTION

INTERNATIONAL: “INTERNET TRANSFORMS US ADOPTION PROCESS”
Reuters Wire
The internet is a medium that helps educate and support people as they go through adoption of a child. It allows agencies working abroad to inexpensively post information about children who are available for adoption overseas. However, according to some specialists, use of the web also invites abuses by people who take advantage of the potentially shorter adoption process and anonymity that the web provides. Checking lists of licensed agencies and the verifying with international liaisons that partner organizations overseas are ethical will help confirm legitimacy.
Reuters, Monday, May 24, 2004
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May 20, 2004

Inside this Issue (click title to jump to the article): 

FOSTER/CHILD WELFARE SYSTEMS
NATION: “PANEL URGES A QUICKER MOVE OF CHILDREN FROM FOSTER CARE”
OPINION: “FOSTER CARE HAS ROOM FOR IMPROVEMENT”
WASHINGTON: “THE MANY CULTURES OF FOSTER CARE”
KANSAS: “LEGISLATURE PASSES COMPROMISE FOSTER CARE BILL”
FLORIDA: “AREA SUFFERS LACK OF THERAPEUTIC FOSTER CARE”
CONNECTICUT: “CONNECTICUT AMONG STATES PROMOTING ADOPTION THROUGH ART”

INTERNATIONAL ADOPTION
BRITAIN: “ROMANIA TO BAN ADOPTION BY BRITISH COUPLES”

BABY “SAFE HAVEN” LAWS
MASSACHUSETTS: “BABY SAFE HAVENS REJECTED”

FOSTER/CHILD WELFARE SYSTEMS

NATION: “PANEL URGES A QUICKER MOVE OF CHILDREN FROM FOSTER CARE”
By Suzanne Gamboa
The Pew Commission on Children in Foster Care released recommendations developed over the last year on how states can better move children out of foster care and into permanent living situations. The reforms revolve around federal financing of foster care and enhanced court caseflow management. The chairman of the Pew Commission, Bill Frenzel, notes that states need better incentives to move kids out of foster care. Through a grant program that combines “entitlement funds” and other money, states would receive the grant funding that would increase by 2 percent each year plus inflation. Critics comment that the proposed financial reforms don’t specifically protect funding for preventative measures.
Philadelphia Enquirer, Tuesday, May 18, 2004
Click HERE for story

OPINION: “FOSTER CARE HAS ROOM FOR IMPROVEMENT”
By Denise St. Clair
According to a recent federal report on foster care, Ohio was one of 16 states that failed to pass federal standards considered essential for child safety, stability and permanency. Ohio’s courts need to increase the type of efforts already begun in Hamilton County Juvenile Court, and in Cincinnati’s courts. These efforts have been aimed at timely case processing. Going forward, courts should develop methods of date-driven case management in order to help prevent delays in timely permanent placements.
Columbus Dispatch, Friday, May 14, 2004
Click HERE for story

Use by the courts of data-driven case management is one of the Pew Commission on Children in Foster Care’s recommendations for foster care reform. The Pew Commission report was released Tuesday May 18^th(see story above). Denise St. Clair is Legal Director of the National Center for Adoption Law and Policy, which is partnering in ”Fostering Results,” a public outreach and education initiative working concurrently with the Pew Commission’s efforts for foster care reform.  For more on Fostering Results and the Pew Commission on Children in Foster Care, please visit our website at: http://www.law.capital.edu/adoption/fostering_results.htm

WASHINGTON: “THE MANY CULTURES OF FOSTER CARE”
By Kelly Adams
The change in the demographics of some U.S. cities influences the population of children who will need foster care. With growing Hispanic communities and resulting increases of Hispanic foster children, a foster family who can speak Spanish and integrate Hispanic culture is extremely valuable to the Department of Child Protection Services. Cultural sensitivity is increasingly important for foster placements; the impact that the experience of foster care placement has on kids varies depending upon the culture in which kids have been raised.
The Columbian, Sunday, May 16, 2004
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KANSAS: “LEGISLATURE PASSES COMPROMISE FOSTER CARE BILL”
By Tim Hoover
Missouri Governor Holden is expected to sign a bill passed by the legislature that includes a host of changes for foster care in the state. The bill imposes an important requirement that the state comply with federal standards in foster care within five years. This compliance is tied to the funding of the child services department, and includes provisions for 172 new departmental positions next year and additional positions to be subsequently added. Among other provisions, the adoption tax credit was increased from $2 million to $4 million. After the Governor’s veto on a similar bill last year and the criticism of this year’s bill centering around parental rights, compromise was required to ensure passage of the bill.
Kansas City Star, Saturday, May 15, 2004
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FLORIDA: “AREA SUFFERS LACK OF THERAPEUTIC FOSTER CARE”
By Anne Geggis
Over the last seven years, the need for intensive therapeutic mental health treatment for foster children has increased six fold in Volusia and Flagler Counties. Some attribute the increased demand to an increased awareness of mental health needs by professionals. Others point to high incidences of crack cocaine habits that break up families and create particularly challenging problems for children. The lack of availability of homes that provide intensive mental health sometimes places social services in the difficult position of placing a child in a home that can’t protect her or address her needs.
News Journal Online, Sunday, April 16, 2004
Click HERE for story

CONNECTICUT: “CONNECTICUT AMONG STATES PROMOTING ADOPTION THROUGH ART”
By Richard Benke
The Heart Gallery displays photographs of “hard to place” children in pre-eminent art venues. The exhibitions serve dual purposes: first to display the photographs that capture the energy and heart of foster kids, but also to find adoptive homes for the featured children. The program began in Santa Fe, New Mexico in 2001, and has been implemented in a variety of other states. Connecticut’s recent exhibition includes 54 photographs; a prior exhibition of 37 photos led to 19 adoptions.
Newsday, Saturday, May 15, 2004
Click HERE for story

INTERNATIONAL ADOPTION

BRITAIN: “ROMANIA TO BAN ADOPTION BY BRITISH COUPLES”
By Sarah Womack
Romania is expected to pass a law this week that will effectively ban all overseas adoption of Romanian children. A few exceptions to the ban will permit overseas adoptions if: 1) grandparents living abroad attempt to adopt; 2) all efforts to place children domestically turn up no adoptive parents. The purpose of the ban is to prevent child trafficking which experts believe is not adequately prevented by current Romanian adoption laws and systems.
The Telegraph, Saturday, May 15, 2004
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BABY “SAFE HAVEN” LAWS

MASSACHUSETTS: “BABY SAFE HAVENS REJECTED”
By Roberto Scalese
A petition to institute a safe haven law in Arlington, a suburb of Boston Massachusetts, was rejected by vote at a recent town meeting. The safe haven law allows for a mother of a newborn child to relinquish responsibility for the child by dropping it at designated town facilities. Proponents of the law noted that babies’ lives have been saved by the implementation of the law in other cities. Opponents dislike a result of the law, which permits a circumvention of the process of a parental termination of rights. Part of the process includes counseling for a parent on the alternatives available to her with regards to the custody of the child.
The Arlington Advocate, Thursday, May 13, 2004     
Click HERE for story

May 11, 2004

Inside this Issue (click title to jump to the article): 

Recognizing National Foster Care Month

NATION: “U.S. FINDS FAULT IN ALL 50 STATES’ CHILD WELFARE PROGRAMS”

nation: More Americans feel tug to adopt kids overseas-surge in foreign adoptions raises concern that people overlook children in the U.S.

Florida: Coalition seeks control of foster care

Indiana: opinion: Don't press parents for foster care costs

Missouri: Holden cites problems in foster care reform

Georgia: Governor Perdue Signs Foster Care Bill of Rights

INDIANA: Some fear ill effects of law to help kids:
Background checks on relatives threaten to swamp foster care system, skeptics say

NEBRASKA: OPINION: REAL HELP FOR CHILDREN—Hiring New Caseworkers is Only a Start. Higher Expectations Must be Met

IN RECOGNITION OF NATIONAL FOSTER CARE MONTH, THIS
WEEK’S NEWS SUMMARY IS DEVOTED TO STORIES ABOUT 
ISSUES CONFRONTING OUR FOSTER CARE SYSTEMS

During May, National Foster Care Month, we applaud the tremendous efforts by foster parents and child welfare agencies across the country to protect and nurture kids who are in foster care through no fault of their own.  However, while foster care is necessary for the protection of seriously abused or neglected kids, far too many of these children stay in care too long or move too often from one temporary home to another. During National Foster Care Month, thousands of children still languish in substitute placements despite numerous national and state initiatives aimed at eliminating foster care “drift.”

The first news item below (a repeat from last week’s summary) spotlights the problem. The outcomes of a recent three year assessment of child welfare system performance by the U.S. Department of Health and Human Services are grim: Not one state satisfied the federal child welfare standards.  Indeed, 16 states failed to pass even one of the seven federal standards considered most important to child safety, stability and permanency.

Two initiatives aimed at addressing these issues encourage change both in the nation’s courts and in federal financing of foster care programs.  Fostering Results, a national education and outreach initiative, recently launched a campaign to encourage dialogue among judges and court personnel and about effective ways that case data can be used to manage, monitor and track individual cases and entire dockets.  At the same time, the Pew Commission on Children in Foster Care is considering recommendations for policy changes that will support and encourage effective practices in case management and encourage a closer look at ways to improve federal foster care financing.  We believe these efforts will make a real difference in achieving better outcomes for our nation’s foster kids.

The National Center for Adoption Law & Policy is proud to be a partner with the Public Children Services Association of Ohio in the Fostering Results case management initiative.  For more information on this exciting campaign, please visit our website at http://www.law.capital.edu/adoption/fostering_results.htm.

THIS WEEK’S NEWS STORIES:
 

NATION: “U.S. FINDS FAULT IN ALL 50 STATES’ CHILD WELFARE PROGRAMS”
By Robert Pear
A federal review of state child welfare systems found that not one state fully complied with the list of standards measured by the three-year investigation. Of the fourteen standards, seven pertain specifically to the well-being and safety of children. According to federal officials, sixteen states failed to meet these seven criteria. Failure to meet the standards might mean financial penalties for states: $18.2 million for California, $3.6 million for Florida, $3.5 million for Texas, $3 million for Pennsylvania, $2.5 million each for Ohio and Michigan, and $2.3 million for New York. Critics of the penalties note that better funding will help meet the standards. Federal officials note that states can work to avoid the penalties through the development and implementation of improvement plans.
New York Times, Monday, April 26, 2004
Click HERE for story

nation: More Americans feel tug to adopt kids overseas-surge in foreign adoptions raises concern that people overlook children in the U.S.
By Michael H. Hodges
Since 1993, adoption from abroad have tripled, a result parents attribute to such factors as newborns being easier to find abroad, the difficulty birth parents have in attempting to reclaim a child in an international adoption, the fear that most U.S. foster kids have special needs, and the belief that adoption abroad is quicker.  Experts say that many of these beliefs are not well-founded.  “People get their information from headlines, not from the facts,” said Wade Horn, an assistant secretary for children and families at the U.S. Department of Health & Human Services.  The increase in foreign adoption, however, does not appear to have come at the expense of domestic adoptions, which have increased significantly since the mid-1990s.  There are about 100,000 to 125,000 domestic adoptions annually, compared to 22,000 international adoptions.  In addition, adoptions from foster care are increasing, a fact many experts attribute to the 1997 passage of a federal law allowing states to more quickly terminate parental rights in some circumstances.
The Detroit News, Monday May 10, 2004
Click HERE for story

Florida: Coalition seeks control of foster care
By Kristin Bolt
Two days after the death of a child under protection of Florida’s Department of Children & Families while in her alcoholic mother’s care, members of Miami's Community Based Care Alliance called for the state to set aside millions in funding for the local program.  ''How many children need to get lost or killed before we do something?'' Circuit Judge Cindy Lederman asked after the meeting of civic leaders held last week.  “Our Kids,” a coalition of Miami community groups, is in negotiations with the DCF to operate foster care and other child welfare programs throughout Miami-Dade and Monroe counties.  Our Kids' Board says the two sides are millions of dollars apart on an agreement and that they have warned DCF Secretary Jerry Regier and Gov. Jeb Bush that they will not undertake the program without adequate funding.  Peter D. Coats, DCF's Miami spokesman, declined to discuss the dispute because the contract is under negotiation and confidential.  The Miami DCF district has  6,150 children care and is the largest in Florida, which has been ordered by its legislature to privatize child welfare services.  ''This community is at a crossroads, and it is time for us to step up and allow a new child welfare system designed by this community's leaders,'' said Berta Blecke, a Miami child advocate and one of Our Kids’ founders.
The Miami Herald, Friday May 7, 2004
http://www.miami.com/mld/miamiherald/news/local/8612759.htm?1c

Indiana: opinion: Don't press parents for foster care costs
The Indiana Star suggests that the Indiana Family and Social Services Administration should abandon a proposal to require more parents to pay part of the cost for their children's stay in foster care.  Arguing that most of the children who end up in foster care are from poor families who typically can’t even pay ordinary bills, the editorial cites criticism suggesting that the policy could result in longer stays in foster care for kids whose parents’ inability to pay could be used against them in reunification decisions.  Current policy requires reimbursement by parents, but the policy has not been aggressively enforced.
Indianapolis Star, Friday May 7, 2004
Click HERE for story

Missouri: Holden cites problems in foster care reform
By Matt Franck
A veto threatens once again to derail a massive foster care reform bill in the Missouri House.  With only one week left in the legislative session, Gov. Bob Holden’s office released a long list of problems with the bill shepherded by House Speaker Catherine Hanaway. Although many of the items are minor, many others reflect the philosophical rift between the Democratic governor and Republican legislature.  Chief sticking points are a provision that could permit the state to do business with unlicensed child agencies and language that some fear offers financial returns to agencies that work with the state.
St. Louis Post-Dispatch, Thursday May 6, 2004
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Georgia: Governor Perdue Signs Foster Care Bill of Rights
On May 5^th Governor Sonny Perdue signed the Foster Parents Bill of Rights, House Bill 1580.  "If we entrust foster parents with our children, we should empower them with the information and tools they need to care for them," Governor Perdue said. "The Foster Parents' Bill of Rights outlines ground rules for a healthy partnership with foster parents."  The Foster Care Bill of Rights’ purpose is to acknowledge foster parents and support them by better defining a healthy partnership between the parents and  the state.
The Weekly, Wednesday May 5, 2004
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INDIANA: Some fear ill effects of law to help kids:
Background checks on relatives threaten to swamp foster care system, skeptics say
by Eunice Trotter
A new state law that is intended to protect kids may increase the number of kids in foster and group homes and result in the state’s forfeiture of millions of dollars in federal funds.  After July 1, children removed from biological parents because of allegations of abuse or neglect must wait for placement with relatives until after everyone in the relative’s home undergoes an FBI criminal background check.  A child cannot be placed in the home until anyone with a record of abuse, neglect or one of 19 other specified crimes moves out.  It is anticipated that this process could take weeks or months; in the interim, the child must remain in foster placement.  Marion County juvenile court Judge James W. Payne commented, "The result will be that we can't put kids with relatives; we can't put kids with friends or fathers who have remarried; schooling will be lost; kids may have to be placed in other counties. This is going to be a disaster."  Although fewer than 10% of the 13,500 children who were wards of the state in 2002 were placed with relatives, federal Title IV-E guidelines reward states for relative placements.  In 2003, Indiana received more than $69 million from that source--funding critics say the new law jeopardizes.
Indianapolis Star, Monday May 10, 2004
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NEBRASKA: OPINION: REAL HELP FOR CHILDREN—Hiring New Caseworkers is Only a Start. Higher Expectations Must be Met
Although Nebraska’s legislature approved an additional $6 million yearly for 120 more child protection workers, this editorial contends that more workers alone will not fix the state’s problems.  The array of practices in the foster system must also change; issues to address include: requiring job evaluations, setting policy protocols, enhancing communication among child care workers, focusing on legal strategies for better outcomes, and consideration of laws requiring the courts to review recommendations from the state Foster Care Review Board.
Omaha World-Herald, Monday May 10, 2004
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May 4, 2004

Inside this Issue (click title to jump to the article): 

FOSTER/CHILD WELFARE SYSTEMS
NATION: “U.S. FINDS FAULT IN ALL 50 STATES’ CHILD WELFARE PROGRAMS”
WISCONSIN: “STRUGGLING TO PROTECT THE CHILDREN”
CALIFORNIA: “ADOPTION OFFICIALS STRIVE TO FIND OLDER KIDS HOMES”

TERMINATION OF PARENTAL RIGHTS/Notice
PENNSYLVANIA: “CYF FOLLOWED ADOPTION RULES BUT FATHER FIGHTING RESULT”

TAX ISSUES IN ADOPTION
MISSOURI: “BILL WOULD END LIMITS FOR ADOPTION TAX CREDITS”

OPEN ADOPTION
NATION: OPINION: “INTIMACY ON THE ALTAR OF OPENNESS”
NORTH CAROLINA: “IF YOU ADOPT, IS IT COVERED BY BENEFITS? IN ORDER TO TRIM COSTS FEWER COMPANIES OFFER HELP TO WORKERS”

INTERNATIONAL ADOPTION
INTERNATIONAL: OPINION: “ROMANIA: LET YOUR CHILDREN GO”
HAITI: “ADOPTION NIGHTMARE EASES”

FOSTER/CHILD WELFARE SYSTEMS

NATION: “U.S. FINDS FAULT IN ALL 50 STATES’ CHILD WELFARE PROGRAMS”
By Robert Pear
A federal review of state child welfare systems found that not one state fully complied with the list of standards measured by the three-year investigation. Of the fourteen standards, seven pertain specifically to the well-being and safety of children. According to federal officials, sixteen states failed to meet these seven criteria. Failure to meet the standards might mean financial penalties for states: $18.2 million for California, $3.6 million for Florida, $3.5 million for Texas, $3 million for Pennsylvania, $2.5 million each for Ohio and Michigan, and $2.3 million for New York. Critics of the penalties note that better funding will help meet the standards. Federal officials note that states can work to avoid the penalties through the development and implementation of improvement plans.
New York Times, Monday, April 26, 2004
Click HERE for story

WISCONSIN: “STRUGGLING TO PROTECT THE CHILDREN”
By Mary Zahn
Milwaukee County’s child welfare system was taken over by the state of Wisconsin in 1998 as a result of a lawsuit settlement with Children’s Rights Inc. However, serious problems persist in the county; some note that the system of review put in place in the settlement provided for no independent review with clout or funding. Often, complaints about an agency are funneled to the very same agency, leading to little resolution. A source of concern in Milwaukee county centers around the low rate of substantiated claims of abuse and neglect; some think that lower incidence is not necessarily the reason that the county has a rate of substantiation notably lower than the rest of the state. A program called Safety Services was implemented in the county to divert at risk families from involvement in the system; some believe the program is helping, others think it could be more effective.
Milwaukee Journal-Sentinel, Saturday, May 1, 2004
Click HERE for story

CALIFORNIA: “ADOPTION OFFICIALS STRIVE TO FIND OLDER KIDS HOMES”
By Michelle Marucci
Foster care and adoptions officials from across the country met in San Francisco to discuss strategies for helping older foster kids find homes and support. An expert notes that adoptive families, social workers, and even foster kids themselves perceive older children to be ‘unadoptable’; a viewpoint that is not true, and might be limiting options for kids. San Mateo is targeting older children this year with a program that will delve into the background of the child with the purpose of identifying relatives or friends who might be willing to help youths as they ‘age out’ of the system.
Tri-Valley Herald, Friday, April 23, 2004
Click HERE for story

TERMINATION OF PARENTAL RIGHTS/Notice

PENNSYLVANIA: “CYF FOLLOWED ADOPTION RULES BUT FATHER FIGHTING RESULT”
By Barbara White-Stack
A father of a six-year-old girl visited his daughter regularly when she lived with her grandparents, confirmed his paternity through testing, and paid regular child support. However, three years ago, the girl’s mother relinquished her parental rights and didn’t name him as the father. The grandparents adopted the child and, according to the father, took cash payments from him in exchange for visits with the girl. At the time of the termination, CYF followed procedure with respect to searching for an unknown father, through an advertisement posting. However, the father never saw the ad; he has trouble reading due to dyslexia and notes that these ads are not commonly read. The grandparents never mentioned the father throughout the adoption process. The father notes that in some states, a mother’s failure to disclose potential fathers in adoption proceedings is a felony. However, Pennsylvania does not have such a law. A hearing with the father is scheduled for June.
Post-Gazette, Sunday, May 2, 2004
Click HERE for story

TAX ISSUES IN ADOPTION

MISSOURI: “BILL WOULD END LIMITS FOR ADOPTION TAX CREDITS”
By Matt Franck
A bill by state Representative Catherine Hanaway proposes changes to the tax credits for families who adopt special needs children. Two important provisions of the changes include: lifting the $2 million spending cap, and allowing redemption of the whole credit in one year. The bill would extend benefits to all eligible adoptive parents rather than turning 960 of them away as it did last year. In the current program, the $10,000 credit typically is distributed in installments over the course of five years. Parents who need the full sum in order to pay for their adoptions were permitted to sell their credit to a lender. The bill would obviate the need for this cumbersome process. Critics of the bill note that the special needs kids for whom this credit was intended to benefit are not necessarily the children who are receiving the benefit. A recent audit shows that 90% of the credits have gone to families adopting internationally. Proponents note that the purpose of the bill is to eliminate the competition among adoptive families for the credit. Furthermore, international adoptions tend to be more expensive than those done out of foster care, so that the benefit is appropriate for families adopting overseas.
St. Louis Post Dispatch, Sunday, May 2, 2004
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OPEN ADOPTION

NATION: OPINION: “INTIMACY ON THE ALTAR OF OPENNESS”
By Kathleen Parker
Parker comments on the Barbara Walters 20/20 special on April 30. She highlights the nature of current ‘reality tv’ and its influence on the character of content that audiences demand. Parker suggests that the boundary of what ought to be filmed might have been exceeded in Walters’ special, particularly in the shots immediately after the birth of the baby when the young mother received the adoption agreement.
The Orlando Sentinel, Monday, May 3, 2004
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Note: Free registration required to view article online.

NORTH CAROLINA: “IF YOU ADOPT, IS IT COVERED BY BENEFITS? IN ORDER TO TRIM COSTS FEWER COMPANIES OFFER HELP TO WORKERS”
By Amy Baldwin
According to a national survey on compensation conducted by the Bureau of Labor Statistics, 9 percent of the people covered by employer health plans have adoption assistance available to them. This is down from the prior two years; in 2003, 16 percent, and in 2002 22 percent of US employers provided the benefit. In contrast, adoption rates continue to rise. Domestic adoptions increased 90 percent between 1996 and 2000 to 41,795. As to international adoptions, the rates more than doubled between 1989 and 2002, to 20,099. Adoption advocates note that adoptive parents don’t receive equivalent benefit to natural birthparents whose doctor and hospital fees are covered by the plans.
Charlotte Observer, Monday, April 19, 2004
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Note: a fee is required to view this online article.

INTERNATIONAL ADOPTION

INTERNATIONAL: OPINION: “ROMANIA: LET YOUR CHILDREN GO”
By Richard L. Armitage
The Deputy Secretary of State calls on Romania to refrain from passing a new law which will prohibit overseas adoption of Romanian children. On April 15, the Romanian Senate approved the new law which now awaits approval by the Romanian Chamber of Deputies. Mr. Armitage recalls the fall of communism in Romania and the subsequent discovery of terrible conditions in which Romanian orphans lived. With American and United Nations assistance, those institutions have improved. Armitage warns that the closure of overseas adoptions is likely to render the orphanages to be more permanent than a ‘way station’.
International Herald Tribune, Friday April 23, 2004
Click HERE for story

HAITI: “ADOPTION NIGHTMARE EASES”
By Brian Donohue
After the coup and departure of Haitian adoption officials six weeks ago, over 100 U.S. couples feared their adoptions would be permanently halted. However, with an appointment of a new adoption official by the new Haitian government last week, some stalled adoptions were recently finalized. In addition to the Haitian official, the U.S. State Department has returned staff to the U.S. consulate in Haiti which will also contribute to the continuation of adoption proceedings.
The Star Ledger, Tuesday, April 20, 2004
Click HERE for story

April 14, 2004

Inside this Issue (click title to jump to the article):

FOSTER/CHILD WELFARE SYSTEMS
MISSOURI: “MO. HOUSE GIVES INITIAL OK TO CHANGES IN FOSTER CARE SYSTEM”

FOSTER/CHILD WELFARE SYSTEMS
ADOPTION/Subsidies and Assistance
IOWA: “STATE PROPOSES LIMITS ON ADOPTION SUBSIDIES”

PARTIES TO ADOPTION/Who May Adopt/Consent Requirements
MINNESOTA: “WOMAN’S ADOPTION ATTEMPT CRITICIZED”
SCOTLAND: “NEW LAW ALLOWS GAYS AND UNMARRIEDS TO ADOPT”
OKLAHOMA: “ANTI-GAY ADOPTION AMENDMENT APPROVED”

ADOPTION/Privacy of Records and Proceedings
BRITAIN: “PARENTS WIN POWERS TO TRACE CHILDREN GIVEN UP FOR ADOPTION”

ADOPTION/Best Interests
COLORADO: “COLORADO JURISDICTION ASSERTED IN ADOPTION CASE”

FOSTER/CHILD WELFARE SYSTEMS

MISSOURI: “MO. HOUSE GIVES INITIAL OK TO CHANGES IN FOSTER CARE SYSTEM”
Associated Press
The Missouri House is close to passage of a bill aimed at changing procedures in child abuse and neglect cases. The new bill contains modified versions of some provisions that were present in a bill vetoed by the governor last year. Provisions in this year’s bill include raising the standard of proof to “preponderance” rather than “probable cause” to justify a removal of a child from the home. Other provisions include using more private contractors for services and opening the juvenile courts up to the public. Critics of the legislation object to an adoption tax credit it renews because the majority of families using the credit are adopting internationally; this is regarded by some as problematic by many who view the purpose of the credit to have been geared towards families who adopt from the domestic system.
KOLR10, Monday, April 12, 2004
Click HERE for story

FOSTER/CHILD WELFARE SYSTEMS
ADOPTION/Subsidies and Assistance

IOWA: “STATE PROPOSES LIMITS ON ADOPTION SUBSIDIES”
Associated Press
The Department of Human Services is planning an examination of the adoption subsidy program in the state. The money the state has paid foster parents for the needs of the child adopted out of foster care has risen 39% from two years ago. Possible cutback tactics might require foster parents to demonstrate financial need in order to receive assistance. Limits might also be introduced for parents who adopt minority babies. At this time they are considered “hard to adopt”, but this approach might change in the coming year.
KCRG News, Monday, April 12, 2004
Click HERE for story

PARTIES TO ADOPTION/Who May Adopt/Consent Requirements

MINNESOTA: “WOMAN’S ADOPTION ATTEMPT CRITICIZED”
Associated Press
An Indian Family Court has denied Minnesotan Gail Hunt’s attempt to adopt a girl from a home managed by Tender Loving Care agency. The case is on appeal before a Court of Appeals in India, but Tender Loving Care, a co-sponsor of Hunt’s adoption petition, has said it would withdraw from the case. The denial of the petition by the Family Court was based upon the failure of Tender Loving Care to prove that the birth parents of the girl had consented to adoption. Another major obstacle for Hunt in her attempts to adopt is the murder charges against her husband for the death of their first adopted son.
Duluth News Tribune, Friday April 9, 2004
Click HERE for story

SCOTLAND: “NEW LAW ALLOWS GAYS AND UNMARRIEDS TO ADOPT”
By Eddie Barnes
In light of the rising number of children in foster care in Scotland and the increase in time spent resolving adoption cases, Scotland will revise current policies in the coming year. Areas for change will likely include opening up criteria for who may adopt as well as reforms aimed at streamlining the adoption process. Experts are recommending that specialized courts be dedicated to the resolution of cases involving foster children. This change would involve a reduced role for the existing Children’s Panels that have received criticism recently for the failures in the system. A shift to including gay and unmarried people as potential adoptive parents is stirring controversy. Opponents of this change argue that children are best served in families with a stable married life.  
Scotland on Sunday, Sunday, April 11, 2004
Click HERE for story

OKLAHOMA: “ANTI-GAY ADOPTION AMENDMENT APPROVED”
Associated Press
The Oklahoma legislature amended an adoption law declaring that the state will not recognize same-sex adoptions from other states or countries. The amendment was attached to a bill addressing international adoptions. The Oklahoma Attorney General had previously interpreted the state adoption code to require recognition of any other state’s adoption, including those by same-sex couples.
Oklahoma Daily, Tuesday, April 13, 2004
Click HERE for story

ADOPTION/Privacy of Records and Proceedings

BRITAIN: “PARENTS WIN POWERS TO TRACE CHILDREN GIVEN UP FOR ADOPTION”
By Maxine Frith
After lobbying by adoption campaigners and children’s charities, the 2002 Adoption and Children Bill will now be retroactive. The 2002 version of the bill would have allowed open information for birthparents with respect to the children they put up for adoption. However, the prior bill would have only applied to adoptions finalized after September 2005. The new law will now allow any blood relative of an adopted child to use public records and legal documents to locate the child and then request contact. A new public agency will be established to handle an expected 30,000 requests for help from people affected by adoption.
The Independent, Friday, April 9, 2004
Click HERE for story

ADOPTION/Best Interests

COLORADO: “COLORADO JURISDICTION ASSERTED IN ADOPTION CASE”
Associated Press
The Colorado Supreme Court ruled today that Jefferson County District Court had jurisdiction in a custody dispute. In the event that another state’s court does not take into account the “best interests” of a child with respect to his placement, Colorado court does have jurisdiction. A Colorado couple had a three week preliminary placement of a child from Missouri when the birth mother revoked her consent to the adoption. Six months later, a Missouri judge ordered the child be returned to his birth mother. When Jefferson County District Court determined that it had no jurisdiction in the matter, the couple appealed to the Colorado Supreme Court. The result of the decision is that the lower court will determine custody of the child.
News Observer, Tuesday, April 13, 2004
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April 6, 2004

Inside this Issue (click title to jump to the article):

FOSTER/CHILD WELFARE SYSTEMS
NEW JERSEY: “STATEHOUSE SCENE: FEW FOSTER FAMILIES WILLING TO TAKE IN TEENS”
FLORIDA: “HIGH SCHOOLER SPEAKS OUT ON FOSTER CARE LIFE”
MISSISSIPPI: “CHILDREN’S ADVOCACY GROUP SUES MISSISSIPPI WELFARE SYSTEM”
NATION: “DELAY SEEKS INTERSTATE FOSTER CARE REFORM”
NATION - OPINION: “THE CURE IS PREVENTION----BUT THEY WON’T PAY FOR IT”

ADOPTION PROCEDURE/Finality of Adoption Decree
MISSOURI: “REVERSAL OF ADOPTION BY A COURT IS RARE, LEGAL EXPERTS SAY”
PENNSYLVANIA: “PENNSYLVANIA LAW PLACES LIMIT ON ADOPTION”

FOSTER/CHILD WELFARE SYSTEMS

NEW JERSEY: “STATEHOUSE SCENE: FEW FOSTER FAMILIES WILLING TO TAKE IN TEENS”
By Tom Bell
On Wednesday, the New Jersey Senate Budget and Appropriations Committee will hear from James Davy, Human Services Commissioner, on the dollars needed for the reform of the state Department of Youth and Family Services (DYFS). The improvement-plan will also be reviewed by an independent panel prior to implementation, as a part of the settlement of a lawsuit between a children’s rights organization and the state. This plan will require the state to spend $320 million over the next two years on reform. Last week, the Joint Budget Oversight Committee resisted a request from Davy to make available $15 million from year’s budget for some quick changes, pointing to the as yet non-dedicated $8.1 from the prior budget year.
Newsday, Sunday, April 4, 2004
Click HERE for story

FLORIDA: “HIGH SCHOOLER SPEAKS OUT ON FOSTER CARE LIFE”
By Mitch Stacy
Ashley Rhodes-Courter is now high-school senior, deciding which college she will attend, and writing a book about her foster care experience with her adoptive mother, a best-selling author. Ashley holds a strong desire to help kids in state custody, leading her to bring suit against the state of Florida Department of Children and Families. Rhodes-Courter also raises awareness of foster care issues through public speaking, and through a potential big-screen movie deal.
The Miami Herald, Sunday, April 4, 2004
Click HERE for story

MISSISSIPPI: “CHILDREN’S ADVOCACY GROUP SUES MISSISSIPPI WELFARE SYSTEM”
Associated Press
Children’s Rights Inc., an advocacy group, filed suit against the Mississippi Department of Human Services Tuesday, March 30. The organization is representing 6 children who have allegedly suffered abuse or neglect while in state custody. According to the executive director of Children’s Rights, the state agency is under-staffed and under-funded to the point that it “literally abandons children it knows are being abused and neglected.” A purpose of the lawsuit is to use a court order to force improvements on the ailing child welfare system, because the state “refuses to take action,” according to an attorney for Children’s Rights. The Governor Haley Barbour and DHS officials are named as defendants in the suit. 
The Sun Herald, Tuesday, March 30, 2004
Click HERE for story

NATION: “DELAY SEEKS INTERSTATE FOSTER CARE REFORM”
By Suzanne Gamboa
House Majority Leader Tom DeLay is drafting revisions to the Interstate Compact on the Placement of Children, a 1960’s agreement between all 50 states. The original contract was designed to discourage “dumping” of foster care children by states without ensuring their safety in the placement state. On one hand the compact served as a solution, as it ensured that children placed in another state’s foster care system would receive the same level of services and protections. On the other hand, the question of states’ financial responsibility for Medicaid, health insurance, education, and foster care caused the placements of children to be stalled. The legislation DeLay is authoring seeks to remove financial obstacles to interstate placements through portable medical care, clarification on which children to apply the compact, and connection of compact enforcement to states’ foster care funds.
The Miami Herald, Monday, March 29, 2004
Click HERE for story

NATION - OPINION: “THE CURE IS PREVENTION----BUT THEY WON’T PAY FOR IT”
The federal government’s reasoning in addressing abuse and neglect issues is flawed, one commentator argues. Counties receive federal entitlement money for each child placed in foster care, so that there is little financial incentive to keep kids out of state care, or to remove them. Preventative programs must be paid for with state dollars, and are therefore more likely to be cut. Pointing to data from the Child Welfare League of America, of the approximate $5 billion spent on child abuse and neglect overall, only $80 million is spent on prevention. This is financially irresponsible, according to the commentator, since prevention would reduce incidents of abuse, and the more costly process of state intervention and taking custody would correspondingly decline.
The Mercury News, Sunday, April 4, 2004
Click HERE for story

ADOPTION PROCEDURE/Finality of Adoption Decree

MISSOURI: “REVERSAL OF ADOPTION BY A COURT IS RARE, LEGAL EXPERTS SAY”
By Eun-Kyung Kim
An unusual set of circumstances and trial court decision led to the Missouri Supreme Court ruling that set aside, 7-0, an adoption of twin girls and reversed, 4-3, the termination of the birth mother’s parental rights, in a widely publicized case. In 2002, the girls were placed in Missouri state custody, and the birth mother’s parental rights terminated. The foster parents with whom the girls were then placed adopted the girls in 2003, after two previous failed adoption attempts (one by a couple from California in 2000 and the other by a couple from Wales in 2003, which was finalized but later voided). Circuit Court Judge Steven Ohmer ordered the termination of parental rights in a 2002 decision. The reversal has the effect of now requiring him to provide more details on the decision, though Ohmer has not yet received instructions from the high court. As to custody of the girls, the decision causes the state to gain custody, though, according to the parents’ attorney, they will for now reside with their adoptive parents. The adoptive parents may request that the state to reconsider the decision to set aside the adoption.
St. Louis Post-Dispatch, Wednesday, March 31, 2004
Click HERE for story

PENNSYLVANIA: “PENNSYLVANIA LAW PLACES LIMIT ON ADOPTION”
By Martha Raffaele
A new law in Pennsylvania will change the period of time that birthparents may have to withdraw consent to relinquish a child for adoption. Prior to the new law, there was no designated window of time in which consent could be revoked. Under the new law that will take effect in May 2004, birthparents will have 30 days after filing consent to revoke. Other states have different time-frames: Kansas gives no window of time for revocation; Alabama gives 5 days; Delaware gives 60 days. A spokesperson for the Concerned United Birthparents comments that an ideal window of time would be longer than 30 days and instead 3-6 months.
Click HERE for story

March 24, 2004

Inside this Issue (click title to jump to the article):

FOSTER/ADOPTION/CHILD WELFARE SYSTEMS
MISSOURI: “US GIVES MISSOURI FAILING MARK FOR FOSTER CARE SYSTEM”
ILLINOIS: “FOSTER CHILDREN WANT THE STATE TO GUARANTEE SIBLING VISITATION RIGHTS”
CALIFORNIA: “FOSTER CARE GETS CAPITOL SCRUTINY”
CALIFORNIA: “MENTORS HELP FAMILIES GET BACK ON TRACK”
NEW JERSEY: “TAXPAYERS URGED TO BOOST GIVING FOR CHILD WELFARE”

TERMINATION OF PARENTAL RIGHTS/Grounds/Process
NEW JERSEY: “NEW JERSEY COURT RULING CLARIFIES CHILD-WELFARE AGENCY’S POWER OVER PARENTS”

FOSTER/ADOPTION/CHILD WELFARE SYSTEMS

MISSOURI: “US GIVES MISSOURI FAILING MARK FOR FOSTER CARE SYSTEM”
By Matt Franck
Missouri’s foster care system joined the 43 other state systems that failed to meet federal standards in a recent nationwide review. Missouri failed five of the six measurements according to the report, but according to Susan Orr, associate commissioner of the federal government's Children's Bureau in the Administration on Children, Youth and Families, Missouri was closer to passage than other states. Critics of the report note that the federal review included a far too restricted number of cases, resulting in inconclusive data. That is, out of the 11,000 children in Missouri’s care, only 50 cases from three counties were reviewed. On the other hand, Sharon Orr says that the review included more factors than the review of the 50 cases which included data analysis of the 11,000 children, as well as interviews pertaining to overviews of agency administration. Missouri will develop an improvement plan over the next 90 days.
St. Louis Post-Dispatch, Thursday, March 18, 2004
Click HERE for story

ILLINOIS: “FOSTER CHILDREN WANT THE STATE TO GUARANTEE SIBLING VISITATION RIGHTS”
A coalition of foster children, Statewide Youth Advisory Board, recently pointed out a “blind spot” in Illinois with respect to sibling relationships before the Illinois General Assembly. According to Department of Child and Family Services Director Bryan Samuels, the agency doesn’t currently ensure the maintenance of sibling ties in the case where one child leaves the system, but the other remains. At this point, the Statewide Youth Advisory Board seeks a preliminary move toward a state policy in the form of a non-binding resolution. For siblings that are placed in homes separated by a substantial distance, the resolution would require foster parents to provide updated contact information to be made available for siblings that want to maintain contact. Illinois is one of 23 other states that do not guarantee contact between siblings unless the children are in state custody contemporaneously.
The Quad-Cities Times, Tuesday, March 16, 2004
Click HERE for story

CALIFORNIA: “FOSTER CARE GETS CAPITOL SCRUTINY”
By Clea Benson
In a hearing before the California Assembly Committee on Human Services on child-welfare programs, the head of the Count Welfare Directors’ Association echoed the perspective set forth in a report by “Fostering Results,” a nationwide foster care improvement campaign sponsored by the Pew Charitable Trusts. California’s foster care system failed to meet federal standards in its review last year, and is at risk of losing federal dollars unless improvement in the system can be shown to federal reviewers. However, federal funding requirements dissuade states from attempting new approaches in handling the challenges posed by abuse and neglect in the state. State administrators favor federally granted “waivers” because they enable states to use federal funds in a targeted way, appropriate to the needs of abused and neglected children. According to Fiona Branagh, a policy specialist for Alameda County, an example of waiver money achieving better results is found in ‘Project Destiny.’ Project Destiny is a California program that keeps children with mental-health or substance abuse problems in their own communities, rather than in foster care, or group homes.
Sacramento Bee, Wednesday, March 17, 2004
Click HERE for story

CALIFORNIA: “MENTORS HELP FAMILIES GET BACK ON TRACK”
By Peter Felsenfeld
A mentor program operated by “Families First” in Contra Costa County, places parents, along with their children, in the home of mentor families for immersion-style learning of ‘life skills’. At-risk parents participating in the program, called “Shared Family Care,” typically lacked stable parent role models themselves. According to program representatives, participants in the program are 50 percent less likely to re-enter the foster care system. John Cullen, the county's Health and Human Services director suggested to the California Assembly Human Services Committee that the program be “part of the redesign” proposed by the governor’s budget for foster care.
The Mercury News, Wednesday, March 17, 2004
Click HERE for story

NEW JERSEY: “TAXPAYERS URGED TO BOOST GIVING FOR CHILD WELFARE”
By Mitch Lipka
Human Services Commissioner James Davy appealed to individual income tax payers in New Jersey during a visit to a local group that provides parenting skills and safe haven space for children and mothers. Donations to the Children’s Trust Fund through a tax form check-off have waned since 1989, a year when $500,000 was donated. The fund supports various local groups that support abused and neglected families in the state, giving $971,230 last year to 28 programs last year. On a related note, Davy hopes to get approval from the New Jersey Child Welfare Panel on a 200-page improvement plan for the state’s child-welfare system. A result of a 2003 settlement between the state and Children’s Rights Inc., the plan must be approved to avoid court enforcement of Children’s Rights’ terms.
The Philadelphia Inquirer, Thursday, March 18, 2004
Click HERE for story

TERMINATION OF PARENTAL RIGHTS/Grounds/Process

NEW JERSEY: “NEW JERSEY COURT RULING CLARIFIES CHILD-WELFARE AGENCY’S POWER OVER PARENTS”
By Michelle Han
The Supreme Court of New Jersey affirmed the Appellate Court’s definition of “aggravating circumstances” which permit social workers to expedite termination of parental rights. Typically, in abuse and neglect cases, social workers must first attempt reunification with parents before pursuing placement with adoptive parents. However, lower New Jersey courts may now use guidelines provided by the high court to determine when “aggravating circumstances” make reunification infeasible: when abuse is “severe or repetitive…..creat(ing) unacceptably high risk to the health, safety, and welfare of the child.”
The Miami Herald, Wednesday, March 17, 2004
Click HERE for story

March 17, 2004

Inside this Issue (click title to jump to the article):

FOSTER/ADOPTION SYSTEMS
NATION: “STATE FOSTER CARE REFORM EFFORTS FACE FEDERAL FINANCING  ‘STRAIGHTJACKET'..."
OHIO: “FOSTER FUNDING PUT TO NEW USE”
TENNESSEE: “DCS STREAMLINES ADOPTION PROCESS”
PENNSYLVANIA: “House removes adoption bill's anti-gay riders”

ADOPTION/PRIVACY OF RECORDS AND PROCEEDINGS
CANADA: “N.S. MAN TAKES ADOPTION RECORDS CASE BACK TO UN”

ADOPTION/AGENCY REGULATION/LIABILITY
INTERNATIONAL ADOPTION
FLORIDA: “FLORIDA IN TALKS WITH ADOPTION AGENCY SUSPECTED OF BAD PRACTICE”

INTERNATIONAL ADOPTION
MARSHALL ISLANDS: “A COSTLY FIGHT TO HAVE A FAMILY OF THEIR OWN”
ROMANIA: “ROMANIAN GOVERNMENT PASSES RESTRICTIVE ADOPTIONS LAW FOLLOWING EU CRITICISM”

FOSTER/ADOPTION SYSTEMS

NATION: “STATE FOSTER CARE REFORM EFFORTS FACE FEDERAL FINANCING  ‘STRAIGHTJACKET,’ NEW REPORT BY FOSTERING RESULTS SHOWS”
“Fostering Results”, a non-partisan project to raise awareness of issues in foster care nationwide, issued a new report, “The Foster Care Straight Jacket: Innovation, Federal Financing & Accountability in State Foster Care Reform.” The report highlights the restrictions placed on states with respect to their use of federal money allocated specifically to foster care. Unless a state applies for and receives a ‘waiver’ from the federal Department of Health and Human Services (HHS), funds earmarked for foster care can not be dedicated to services alone. According to Jess McDonald, Co-Director of “Fostering Results,” states using waivers have seen results which indicate that increased spending flexibility might help limit foster care stays. The report features Illinois’, Delaware’s, and Connecticut’s dedication of federal waiver funds towards services and the corresponding reduction of time spent in foster care in those states. The waiver program will expire in late March unless there is a passage of a congressional resolution to extend the program.
Businesswire, Thursday, March 11, 2004
Click HERE for story
NCALP is proud to be a partner with the Ohio Public Children’s Service Agency Organization in “Fostering Results,” the Pew Commission on Children in Foster Care’s initiative for foster care reform.

OHIO: “FOSTER FUNDING PUT TO NEW USE”
By John Higgins
This week, the federal government extended a waiver program for Ohio which 14 counties in the state are using to support in-home services. Through the program, counties use a different payment scheme from the one imposed by the federal department of Health and Human Services. The waiver program allows the counties to receive a lump sum which can be dedicated to services to keep kids out of foster care if it is not spent on foster care itself. The standard program pays counties on a reimbursement basis, which, according to child welfare advocates, serves as a financial disincentive for counties to remove children from care. As a result of the waiver program use in Stark County, $500,000 was dedicated towards in-home services that would have been otherwise unavailable.
The Akron Journal, Friday, March 12, 2004
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TENNESSEE: “DCS STREAMLINES ADOPTION PROCESS”
By Judith R. Tackett
The Department of Children’s Services will address the length of time children wait to be adopted while in state through a procedural change in planning and recruitment. The department’s approach will involve a unified program, rather than the separate foster placement and adoption placement programs currently in place. Department representatives spotlight the new concept for family recruitment and training called “resource families” in place of the foster/adopt concept. The nine-month minimum wait between a child’s removal and the possibility of adoption will remain a part of the state’s adoption procedure.
Nashville City Paper, Tuesday, March 9, 2004
http://www.nashvillecitypaper.com/index.cfm?section_id=9&screen=news&news_id=31322

PENNSYLVANIA: “House removes adoption bill's anti-gay riders”
by Bill Toland
Republican leaders in Pennsylvania’s state House have postponed public discussion on measure submitted by a Republican lawmaker from northeast Pennsylvania.  In so doing, the House also moved closer to the revision of state adoption law, moving the cost of adoption subsidies from counties to the state and perhaps increasing the number of children adopted from foster care.  Measures to outlaw tax-payer funded benefits for same-sex partners and to reinforce a 1996 law banning gay marriages will not the reviewed by the full House at least until sometime after the primary on April 27^th.  A separate proposal to ban adoption by homosexuals was dropped altogether.
Pittsburgh Post-Gazette, Tuesday, March 16, 2004
http://www.post-gazette.com/pg/04076/286409.stm

ADOPTION/PRIVACY OF RECORDS AND PROCEEDINGS

CANADA: “N.S. MAN TAKES ADOPTION RECORDS CASE BACK TO UN”
By Murray Brewster
The Canadian province of Nova Scotia refuses to unseal records for adopted people seeking to find birth parents, notwithstanding criticisms leveled last fall by the UN Committee on the Rights of a Child. Nova Scotian Ron Murdock met with the head of the Committee Jaap Doek in February and exchanged correspondence with Nova Scotia’s Premier John Hamm on the topic. Other Canadian provinces restrict access to adoption records, including New Brunswick, Prince Edward Island, Ontario, Manitoba, and Quebec. Legislation in Nova Scotia was withdrawn in 1999 due to controversy, leaving change through legislation unlikely. Some suggest that the options available adopted people seeking to unseal records are either a class action lawsuit or federal intervention.
CNews, Sunday, March 7, 2004
Click HERE for story

ADOPTION/AGENCY REGULATION/LIABILITY
INTERNATIONAL ADOPTION

FLORIDA: “FLORIDA IN TALKS WITH ADOPTION AGENCY SUSPECTED OF BAD PRACTICE”
Megan O’Matz
An international adoption agency, International Adoption Resource (IAR), and the Florida State Department of Children and Families are in talks concerning the revocation of IAR’s operating license in January. Issues center around the reinstatement of the license, agency liability to clients, and whether agency workers will be permitted to be involved with adoption in Florida in the future. IAR is connected with allegedly illegal activities on two fronts: first, an employee under investigation for kidnapping and wanted for suspicion of baby-trafficking. Second, the agency was involved with transporting Guatemalan birthmothers to Costa Rica during a hiatus in Guatemalan international adoptions, according to an IAR attorney. An administrative hearing is scheduled for March 31 and April 1.
Kansas City Star, Monday, March 16, 2004
http://www.kansascity.com/mld/kansascity/news/nation/8154572.htm?1c

INTERNATIONAL ADOPTION

MARSHALL ISLANDS: “A COSTLY FIGHT TO HAVE A FAMILY OF THEIR OWN”
Walter Roche Jr.
An agency called Southern Adoption has failed to follow through on a promise it made to a U.S. couple to make a placement of a Marshallese child for fees of $21,500. The Executive Director of Southern Adoption, Kathy Lahr, told one waiting couple last month that the child she intended to place with them was no longer with her agency, but with an adoption attorney who indicated that the couple later learned would require additional payment of $22,500. Mississippi Assistant Attorney General Johathan Compretta is conducting an investigation of Southern Adoption, due to numerous similar complaints his office received. Adoption procedures involving Marshallese birthmothers generated recent nationwide attention due to a loophole that allowed agencies to bring birthmothers to Hawaii without a visa with the intent to put the babies up for adoption after giving birth on U.S. soil.
The Baltimore Sun, Saturday, March 6, 2004
Click HERE for story
Note: Free Registration required to access this article.

ROMANIA: “ROMANIAN GOVERNMENT PASSES RESTRICTIVE ADOPTIONS LAW FOLLOWING EU CRITICISM”
By Valerie Mason
In response to strong criticisms from EU officials with respect to Romania’s failure to implement a legitimate ban on overseas adoption as promised in 2001, the government is eager to remedy the situation in light of Romania’s EU candidacy. A new law will be implemented in May includes the following new limitations: 1) the only overseas adoptions to be permitted of Romanian children will involve families abroad; 2) non-profit organizations are banned from participation in overseas adoptions; 3) individuals found to be involved in illegal child-trafficking will face a seven year sentence. Some countries in the EU will not be pleased with the new laws, because of the number of adoptions interrupted by the 2001 moratorium, including Italy and Spain. Other critics cite the Romanian judicial system to be the root of the problem of illegal baby-trafficking, rather than the need for tougher laws.
WMRC Daily Analysis, Friday, March 12, 2004
Click HERE for story

March 9, 2004

Inside this Issue (click title to jump to the article):

INTERNATIONAL ADOPTION
“CHINESE AND AMERICAN CULTURES CLASH IN CUSTODY BATTLE FOR GIRL”
UTAH: “NEW GLITCHES FOR UTAHNS WHO ADOPTED ABROAD”
SINGAPORE: “TWO WELFARE GROUPS TO HANDLE ALL CHINA ADOPTIONS”
“AFRICAN ADOPTIONS ON THE RISE”
CAMBODIA: “US OFFICIALS IN CAMBODIA TO STUDY ADOPTION ISSUE”

PARTIES TO ADOPTION
PENNSYLVANIA: “BAR ASSOCIATION AGAINST A PA BAN ON SAME-SEX ADOPTIONS”

FOSTER CARE SYSTEMS
UTAH: “SENATE OKs STATE ACCESS TO FOSTER CARE INFORMATION”
WASHINGTON: “JUDGE ORDERS MEDIATION IN FOSTER CARE CASE”
FLORIDA: “Noble target: cut foster-care roll”

ADOPTION PROCEDURE/CONTESTED OR COMPETING PETITIONS
MICHIGAN: “LAWYER: GIRLS’ RIGHTS VIOLATED; EX GUARDIANS BRING CASE TO FEDERAL COURT”

INTERNATIONAL ADOPTION

“CHINESE AND AMERICAN CULTURES CLASH IN CUSTODY BATTLE FOR GIRL”
By Andrew Jacobs
A Circuit Court will determine in upcoming weeks whether a girl born to Chinese parents in the United States and placed in foster care at birth will grow up in the U.S. or China. Mrs. He arrived as an expectant mother in the U.S. to join Mr. He, then an economics doctoral candidate at University of Memphis. Mr. He was suspended from his academic program after a fellow student made sexual assault accusations, charges of which he was later acquitted. Under resulting financial strain, the uninsured Hes turned to a private adoption agency and agreed to place their child in foster care. However, the question of the Hes’ intent in turning over custody of their daughter, as well as their understanding of the situation is at issue in the case. According to agency employees, a translator, and court employees, no one told the Hes that a court order would be required for them to regain custody of their child. Moreover, the Hes were not advised by an attorney as a part of the process. The Bakers, the foster family and care takers of the 5-year-old girl, say that there was a verbal agreement with the Hes concerning their relinquishment of parental rights. In the foster parents’ argument to gain custody of the girl, they note that her quality of life is likely to be lower in China in light of the cultural bias against females in the country, and also claim that the Hes visited the girl infrequently enough as to constitute abandonment.
New York Times, Tuesday, March 2, 2004
Click HERE for story

UTAH: “NEW GLITCHES FOR UTAHNS WHO ADOPTED ABROAD”
By Amy Joi Bryson
Legislation that would have created a central accreditation office for adoption agencies recently failed to pass the Utah House of Representatives. Agencies that arrange overseas adoptions will soon need accreditation in accordance with an international treaty. According to Kathy Kaiser, a Utah agency representative, accreditation can currently be secured through the National Council of Accreditation (NCA) and is more costly to agencies than the government accreditation would have been. The only accredited agency in Utah completed the process through NCA and spent $100,000. This cost, according to Kaiser, caused higher prices for adoptive families. Some fear that agencies will be forced out of business when unable to afford to pay for more expensive non-centralized accreditation.
Deseretnews, Monday, March 1, 2004
Click HERE for story

SINGAPORE: “TWO WELFARE GROUPS TO HANDLE ALL CHINA ADOPTIONS”
For Singaporeans intending to adopt a child from China, new rules will govern the process following an agreement between the governments of the two countries. The major changes include criteria for prospective adoptive parents, and the organizations to arrange the adoptions. Starting April 1, 2004, Singaporean parents must be at least 30 years old and earn $32,000 per year at a minimum. Critics of the new criteria for adoptive parents note that the age of the parent is not as important for children as other factors, such as financial stability. Proponents of the change note that older couples will be more prepared for the responsibility of parenting. Two voluntary welfare organizations (VWO), Touch Community Services, or Fei Yue Community Services will handle applications and dealings with the China Center of Adoption Affairs. Proponents of the use of only two organizations suggest that the use of only two organizations will protect adoptive parents from being overcharged in unregulated private adoptions from China.
Straits Times, Saturday, March 6, 2004
Click HERE for story

“AFRICAN ADOPTIONS ON THE RISE”
The U.S. government estimates that the number of adoptions from Ethiopia will rise to 400-500 in 2004, which shows a marked increase since 2002 where 114 Ethiopian children were adopted by American parents. African adoptions are on the rise, particularly in Ethiopia and Liberia.
Essence, Monday, March 1, 2004
Sorry, no online version available.

CAMBODIA: “US OFFICIALS IN CAMBODIA TO STUDY ADOPTION ISSUE”
U.S. officials from the state department and homeland security department will assess Cambodia’s progress in improving adoption procedures and legislation. The purpose of the trip, according to U.S. embassy, is not to lift the ban, but a preliminary examination. In December 2001, the U.S. banned all foreign adoptions of Cambodian children to end fraud and baby-trafficking.
The Agence France Presse, Thursday, March 4, 2004
Sorry, no online version available.

PARTIES TO ADOPTION

PENNSYLVANIA: “BAR ASSOCIATION AGAINST A PA BAN ON SAME-SEX ADOPTIONS”
The Philadelphia Bar Association issued a statement against proposed amendments to HB345, an adoption assistance bill. The amendments would prohibit adoption by same-sex couples, and also prevent state contracts with companies that give benefits to homosexual couples. Bar Association representative Gabriel L.I. Bevilacqua notes that this legislation would affect law firms particularly, since firms are required to extend benefits to same-sex couples as a condition of doing business with larger international governmental entities. Bevilacqua highlights prior association support of legislation that prohibits discrimination on the grounds of domestic partnerships or marital status.
Philadelphia Business Journal, Monday, March 8, 2004
Click HERE for story

FOSTER CARE SYSTEMS

UTAH: “SENATE OKs STATE ACCESS TO FOSTER CARE INFORMATION”
The Associated Press
The State office of the Guardian ad Litem will likely have electronic access to files it needs in its evaluation of foster parents, due to the passage of a bill in the Utah Senate, awaiting acceptance of an amendment in the House. Currently, the files can only be accessed in hardcopy.
The Salt Lake Tribune, Friday, February 27, 2004
Click HERE for story

WASHINGTON: “JUDGE ORDERS MEDIATION IN FOSTER CARE CASE”
The Associated Press
The judge in a class action suit that was filed in 1998 against the state has order the parties to mediate.  Last December the Washington Supreme Court ruled that the state has a constitutional duty to children in its care to protect then from physical and mental harm.  The plaintiffs in the case want the state to end multiple placements of foster kids, to improve their mental health services for foster kids, and to provide better training for foster parents.
The Seattle Post Intelligencer (SeattlePI.com), Wednesday, March 3, 2004
Click HERE for story

FLORIDA: “Noble target: cut foster-care roll”
by Carol Marbin Miller
Child welfare managers are using creative approaches to meet their goal of reducing by one quarter the number of children in care by this summer. Some child advocates support the policy changes, outlined last year in the reform package introduced by DCF Secretary Jerry Regier. According to Miami District Administrator Chuck Hood, parents who are too poor to provide a home should not be penalized.   Others criticize the strategies as potentially dangerous to children who may be left in danger in order to save money, noting that half of Florida's child fatalities over the past 5 five years are attributable to neglect, not  to physical abuse.
The Miami Herald, Sunday, March 7, 2004
Click HERE for story

ADOPTION PROCEDURE/CONTESTED OR COMPETING PETITIONS

MICHIGAN: “LAWYER: GIRLS’ RIGHTS VIOLATED; EX GUARDIANS BRING CASE TO FEDERAL COURT”
By Jack Kresnak
Federal Judge Paul Borman presided over a 2 ½ hour hearing on the custody dispute between two sets of parents from two different counties in Michigan. The dispute centers on a hearing where an Oakland County Judge Pezzetti made a ruling on custody of two girls without the participation of the couple with whom the child currently lived because they were not legal parties to the hearing in her county. Federal Judge Borman has requested a videotape of the prior hearing, but Pezzetti refuses on the basis of jurisdiction. The Guardian ad Litem attorney appointed by Borman to represent the girls said that Pezzetti should be named as a defendant in the case, and notes that the girls’ rights were violated when no attorney was present in the Pezzetti hearing.
Detroit Free Press, Tuesday, March 2, 2004
Click HERE for story

March 2, 2004

Inside this Issue (click title to jump to the article):

Foster Care systems
NEW JERSEY: “WHAT DYFS CAN LEARN FROM OTHERS’ EXPERIENCE”
INDIANA: “800 AWAIT ADOPTION EACH YEAR”
KANSAS: “STATE AG PROPOSES PLAN TO SCRUTINIZE FOSTER CARE DEATHS”

INTERNATIONAL ADOPTION
HAITI: “HAITIAN CRISIS FORCES COUPLE TO DELAY PLANS FOR ADOPTION”

OPEN ADOPTION
OHIO: “AGREEMENTS ON OPEN ADOPTION LACK TEETH IN OHIO”

ADOPTION FRAUD
OREGON: “WOMAN FACES TRIAL IN ADOPTION FRAUD”

AGENCY LIABILITY
NEBRASKA: “NEBRASKA SETTLES HIV ADOPTION CASE”

SECOND PARENT ADOPTION
CALIFORNIA: “SUPREME COURT STAYS OUT OF GAY ADOPTION ISSUE”

Foster Care systems

NEW JERSEY: “WHAT DYFS CAN LEARN FROM OTHERS’ EXPERIENCE”
By Susan K. Livio
The task of reforming New Jersey’s Division of Youth and Family Services harkens back to similar circumstances faced in 1998 by the state of New York. Both states settled lawsuits brought by Children’s Rights Inc. through agreements to comply with court-ordered improvement plans. According to specialists familiar with New York’s reforms, New Jersey would do well to model the successes in reform by the neighboring state. Among a variety of factors that led to improvements in New York, Steve Cohen of the Annie E. Casey Foundation credits Nicholas Scoppetta, head of the child welfare agency, with being able to “clear away some of the obstacles” due to the reputation he had earned working for the Commission to Combat Police Corruption. New York spent $300 million for improvements, changed child abuse investigation procedures, and adjusted hire/fire policies within the agency. New Jersey’s Governor McGreevey appointed James Davy, formerly chief of management and operations in the governor’s office, to the Human Services Commissioner post and promised $140 million over the next 15 months followed by $180 million in 2006.
The Jersey Journal, Monday, March 1, 2004
Click HERE for story

INDIANA: “800 AWAIT ADOPTION EACH YEAR”
Associated Press
Each year, about 800 children are adopted out of Indiana state custody, but another 800 remain in foster care awaiting adoption. Experts from various Indiana child welfare organizations note that the group of waiting children is three-quarters black, has an average age of 10, and a 75% chance of homelessness if brought up in the child welfare system. Indiana Department of Social Services representatives state the need for more foster families. One expert points to a prevailing perception among potential adoptive families that adoption involves only younger children. To help ease the financial burden for adoptive families the state seeks to recruit, government subsidies and monthly assistance are available.
Indianapolis Star, Monday, March 1, 2004
Click HERE for story

KANSAS: “STATE AG PROPOSES PLAN TO SCRUTINIZE FOSTER CARE DEATHS”
Associated Press
A proposal from the Kansas Attorney General will be introduced by state Senators allowing for independent investigation of cases involving the death of a child while either in or recently in state care. Under the AG proposal, an investigator would submit a report on related details to a State Child Death Review Board, the state department of social services, a legislative committee, and prosecutors. Child welfare advocates suggest that airing the details of how state child welfare officials contributed to the harm a child suffered while in state care will help improve the system overall. At issue is the individual privacy of parties involved, in that the legislative committee can vote to make the records they review public.
Dodge City Daily Globe, Monday, March 1, 2004
Click HERE for story

INTERNATIONAL ADOPTION

HAITI: “HAITIAN CRISIS FORCES COUPLE TO DELAY PLANS FOR ADOPTION”
By Todd Neff
The resignation of Jean Bertrand Aristide over the weekend led to the departure from Haiti of many members of his administration, including the Director of Social Services. The absence of this official, in combination with the evacuation of the American Embassy, leaves adoptive parents without a resource to help complete overseas adoptions from Haiti. According to one official from the Washington D.C. based Lambi Fund of Haiti, “Neither government can do anything until democracy is restored.”
The Daily Camera, Monday, March 1, 2004
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OPEN ADOPTION

OHIO: “AGREEMENTS ON OPEN ADOPTION LACK TEETH IN OHIO”
By Eileen Dempsey
All 50 states permit adoptive families and birth parents to arrange open adoptions, that is, adoptions which involve some level of continued contact between birth parents and adopted children. The open adoption arrangement can include any degree of contact, including: written letters, visits, or meetings mediated by either attorneys or caseworkers. However, according to Marjorie Frazier, assistant director of the National Center for Adoption Law and Policy at Capital University Law School in Columbus, Ohio, only 17 states have specific legislation enforcing open adoption agreements which bind the parties to comply. Ohio is not among the group to enforce open adoptions through the court, but people interested in open adoptions can consider a variety of options listed on the National Adoption Information Clearinghouse website: naic.acf.hhs.gov.
The Columbus Dispatch, Sunday, February 22, 2004
http://www.dispatch.com/
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ADOPTION FRAUD

OREGON: “WOMAN FACES TRIAL IN ADOPTION FRAUD”
Associated Press
Joella Kern promised couples seeking to adopt through surrogacy that she would either link them to surrogate mothers or serve as a surrogate mother herself. Kern failed to follow-through on the promises and now faces adoption fraud charges. Her communications with couples over the web result in her indictment on 24 counts of wire fraud. Kern will stand trial in U.S. District Court in Portland, Oregon and Yakima, Washington this April.
The Statesman Journal, Monday, March 1, 2004
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AGENCY LIABILITY

NEBRASKA: “NEBRASKA SETTLES HIV ADOPTION CASE”
A lawsuit between the state of Nebraska and a husband whose deceased HIV-positive wife was not allowed to adopt a foster child was settled last week. The ACLU aided Jay Brummett in bringing the suit for damages for emotional strain and settled for non-disclosed damages that were described by an ACLU representative to be “fully acceptable.” Other outcomes of the ruling included changed agency regulations governing adoption, and a statement that Nebraska’s Department of Health and Human Services would not discriminate against HIV-positive parents in its foster care and adoption programs.  The agency asserted that the denial and removal of the child from the couple’s home in 1995 was based not on prejudice, but on the unlikelihood that the mother would parent the child to adulthood. Notwithstanding a Nebraska court of appeals ruling that permitted the return of the child, the state maintained its position with respect to the adoption by the Brummetts. Subsequently, the Supreme Court allowed for the adoption to be completed in 1996, but Mr. Brummett’s wife had passed away by that time.
The Advocate, Tuesday, February 24, 2004
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SECOND PARENT ADOPTION

CALIFORNIA: “SUPREME COURT STAYS OUT OF GAY ADOPTION ISSUE”
Associated Press
The United States Supreme Court, without comment, declined to hear the appeal of a California Supreme Court decision that rejected an attempt by a birth mother to prevent her former same sex partner from adopting the child whose custody the women shared jointly.  The partner had previously adopted another biological child of the birth mother in an adoption in which the birth mother’s rights were preserved.  The adoption of the second child was pending when the couple split up.  The California ruling last year was regarded by gay rights groups as bolstering the thousands of  already existing “second-parent” adoptions (those in which a non-marital partner adopts the birth parent’s child).  Unlike many other states, California permits such adoptions.
The San Diego Union-Tribune (San Diego.com), Monday March 1, 2004
Click HERE For story

February 26, 2004

Inside this Issue (click title to go to the article):

FOSTER CARE SYSTEMS
National:  "Studies show flaws in child foster care system"
New Jersey: "PA Success a guide for DYFS plan"
Massachusetts: "Auditors find foster care files rife with errors"
California: "Supervisors to end financial incentives in foster care program"
South Carolina: "Report says South Carolina foster care needs improvement"

ADOPTION/CREDITS AND SUBSIDIES
Missouri:  "Missouri auditor questions adoption tax credit"
National: The National Center for Adoption Law and Policy site reaches one million hits


FOSTER CARE SYSTEMS

NATIONAL: “STUDIES SHOW FLAWS IN CHILD FOSTER CARE SYSTEM”
By Barbara White Stack
The Pew Commission on Children in Foster Care released a report on Wednesday, February 18, entitled “Foster Care: Voices From the Inside.” Drawing upon information from foster children, foster parents and birth parents, the report analyzes the foster care experience in light of the reforms set forth through the Adoption and Safe Families Act (ASFA) of 1997.  On average, children spend three years in foster care and move three times while in the care of the state, notwithstanding the intent of ASFA to limit these often disturbing experiences for foster children. This spring, the Pew Commission will make recommendations on improvements to the child welfare system.
The Pittsburgh Post-Gazette, Wednesday, February 18, 2004
Click HERE for story
NCALP is proud to announce that it is partnering with the Ohio Public Children’s Service Agency Organization in conjunction with the Pew Commission on Children in Foster Care’s initiatives for foster care reform.

NEW JERSEY: “PA SUCCESS A GUIDE FOR DYFS PLAN”
By Troy Graham and Mitch Lipka
The New Jersey Department of Youth and Family Services (‘DYFS’) has released an improvement plan aimed at reforming the agency. The plan is a result of a settlement reached in fall 2003 between DYFS and the child advocacy group Children’s Rights, Inc. The nature of the changes included in the proposal is likened by some observers to that which was embraced 8 years ago in Allegheny County, Pennsylvania, resulting in a turn-around of an underperforming agency. The New Jersey plan calls for a culture change which places more emphasis on the resources the respondent parent presents, rather than on “dictating to or judging the parent….” New Jersey’s DYFS Director expressed that “if we can keep a child safely at home, that’s our preference.” The agency will assign case workers to small geographic areas, and will aim to place children with relatives or keep them close to their neighborhoods, schools and friends. As to community support, New Jersey’s DYFS anticipates reliance on foundations, outreach programs for children, and local law firms for help in improving the agency.
The Philadelphia Inquirer, Sunday, February 22, 2004
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MASSACHUSETTS: “AUDITORS FIND FOSTER CARE FILES RIFE WITH ERRORS”
By David Abel
The state of Massachusetts Department of Social Services uses a computer filing system called FamilyNet for storing case information. According to an audit of the information uploaded by caseworkers, 25% of the files lacked information, and 67% of the files contained information errors. Auditors note that the high number of cases under supervision by the agency demands that it conduct more regular information reviews. DSS representatives say that the errors in the computer system files only reflect a failure paperwork task completion by caseworkers, but don’t mean that children are placed into danger as a result of these filing errors. Since the audit in October 2003, DSS representatives say that the department remedied the majority of problems with data and is completing more timely background checks of potential foster parents.
The Boston Globe, Friday, February 20, 2004
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CALIFORNIA: “SUPERVISORS TO END FINANCIAL INCENTIVES IN FOSTER CARE PROGRAM”
Associated Press
Los Angeles County Department of Children and Family Services will begin negotiations aimed at changing how the county receives state and federal funds. Under existing state and federal laws, a county government receives $30-$150K when a child is removed from her parents and taken into the custody of the state. A new waiver proposal would separate the budget allocated to the county from the removals, allowing the agency to dedicate $250 million of the $1.4 billion budget towards keeping children out of the system. Critics of the waiver proposal object to two provisions, one which allows funds to be used for an orphanage, the other requiring mandatory drug testing of mothers of newborns.
NBC4TV, Wednesday, February 18, 2004
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Also see:
Long Beach Press-Telegram, Monday, February 16, 2004
Additional Info.

SOUTH CAROLINA: “REPORT SAYS SC FOSTER CARE NEEDS IMPROVEMENT”
Associated Press
A federal study reviewed 50 sample cases of the Department of Social Services (‘DSS’) and measured seven categories of risk to foster children in the care of the state. South Carolina failed to meet federal standards in six of the categories, but did perform better in some areas: prompt response to reports of abuse or neglect, and helping teenaged foster children “age out” of the system and become independent adults. Some of the areas for improvement included the underestimation of risks to abused or neglected children and the duration of stay for foster kids in non-permanent homes. The report attributed the failures by DSS to budget cuts, high caseworker turnover, and loss of agency attorneys. According to DSS, the 50 sample cases were not a sufficient representation of the 18,000 cases under the supervision of the agency. Federal funding is at risk for states that don’t improve on the measures reviewed; in the case of South Carolina $726,000 is at stake. Notably, none of the 39 states reviewed in the study satisfied every measure reviewed. In order to meet the progress goals laid out by federal regulators, DSS will implement an improvement plan and will request that legislators allocate $575,000 for adoption funding this year.
The Times and Democrat, Tuesday, February 24, 2004
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ADOPTION/CREDITS AND SUBSIDIES

MISSOURI: “MISSOURI AUDITOR QUESTIONS ADOPTION TAX CREDIT”
Associated Press
The Missouri Special Needs Adoption Tax Credit offers families up to $10,000 for adoption related expenses, costing the state $2 million overall. The tax credit is intended as a benefit for families who adopt children with “special needs”, typically considered “hard to adopt.” A recent audit shows that the majority (90%) of the tax credits claimed are used for adoptions of children overseas rather than children in need of homes stateside, leading some to question the efficacy of the credit. A state auditor, Claire McCaskill, notes two primary problems with the credit, first in the interpretation of the term ‘special needs’ and second in the distribution process of the credit. McCaskill points to the state’s financial woes as she questions whether Missouri can afford to characterize both domestic and internationally adopted children as ‘special needs.” As to the fairness in the distribution of the credits, Melanie Scheetz of the Missouri Adoptive and Foster Care Coalition said, “The people who get the credits now are the people with the really fast lawyers.” Scheetz also notes that the types of expenses currently covered by the benefit are not those typically claimed by parents who adopt children in the foster care system. House Speaker Catherine Hanaway proposes that the state lift the $2 million cap and revise the credit so that it could be more accessible to more families adopting a child out of foster care. Hanaway believes the “special needs” term can be legitimately applied to adopted children from other countries, but also notes that “a lot of needy families are not getting the advantage of the tax credit.”
KOLR 10, Wednesday, February 18, 2004
Click HERE for story

ADOPTION/EDUCATION

NATIONAL: THE NATIONAL CENTER FOR ADOPTION LAW AND POLICY IS PROUD TO ANNOUNCE THAT THE Nation’s MOST COMPREHENSIVE ADOPTION Law WebSite HAS ReacheD one million hits in Just seven months
The nation’s most comprehensive website devoted to the law of adoption – www.adoptionlawsite.org – reached the one million hit threshold on February 23rd, just seven months after it was launched in July of 2003 at the National Press Club in Washington, D.C.   Developed by The National Center for Adoption Law & Policy (NCALP) at Capital University Law School in Columbus, Ohio, the site has proven to be an important – and well-utilized – new resource for child welfare and adoption professionals, child advocates, adoptive, foster and birth parents and all those concerned with or effected by child welfare and adoption law.
Click HERE for press release

February 17, 2004

OHIO: “STATE SUES DEFUNCT FOSTER CARE AGENCY; $523,433 ALLEGEDLY MISSPENT LOCALLY”
By Mark Reiter
The state’s audit of 25 foster care agencies has resulted in two lawsuits brought by the state; the first was filed in August against Beacon Inc. agency and its president for alleged use of agency money for a purchase of a Mercedes-Benz, and for stock market investments that lost $670,000. The second was filed on Friday against the board of directors of Toledo-based “Homes with a Heart” which went out of business in 1999. Lucas County Child Services Board and Summit County contracted with the agency between 1996-1999 to provide services to foster kids and foster families. The state alleges that “Homes with a Heart” improperly paid for the chief operating officer Gary Edward’s vehicle lease ($9,754), vacations ($6,232), and additional undocumented payments ($79,212). Other expenditures in question include $157,323 in checks made out to “cash,” $74,133 of which were endorsed by Edwards. According to Edwards, he did not use the van for personal purposes, and noted that some of the undocumented payments went towards shopping trips for foster children, or payment to kids for different jobs at the agency.
The Toledo Blade, Friday, February 13, 2004
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“TRIPLETT USES VISIBILITY ON PGA TOUR TO PROMOTE ADOPTION OF FOSTER KIDS”
By Jerry Potter
Kirk Triplett is a Professional Golf Association (PGA) Tour player, traveling around the country to play golf in 25 PGA events this year. He is the spokesperson for the Dave Thomas Foundation for Adoption that provides advice for people interested in adoption. Triplett is an adoptive father himself and became interested in adoption as a result of a golf event 4 years ago benefiting the foundation. As Triplett travels to different tournaments over the year, he will represent a different adoption agency at each event, while also displaying a picture of a foster child waiting for adoption on his golf bag. Triplett notes that spectators seeing the bag have asked about the Dave Thomas Foundation and shared that they themselves had been adopted.
USA Today, Thursday, February 5, 2004
Click HERE for story

CALIFORNIA: “FOSTER RULING TO COST STATE MILLIONS”
By Denny Walsh
A U.S. District Court Judge, Frank Damrell, determined that the state of California, some California counties, and the federal government owe over $80 million to relative foster parents who were denied benefits since 1997. This ruling follows an appeal taken to the dismissal in 2000 of a case between the state and the U.S. Department of Health and Human Services that began in 1997. The dispute centered on a law interpreted by the federal agency that excluded relatives, such as grandparents, from access to benefits afforded foster parents without kinship ties. Enedina Rosales, a party to the state’s case, appealed the dismissal by the District court with assistance of legal aid attorneys after the state dropped the case. The 9^th Circuit reversed and remanded the case for the determination of relief for relative foster parents. The relief Damrell ordered Thursday is retroactive, a decision criticized by the state Attorney General and an official from the state Department of Social Services. Deputy Attorney General Frank Furtek noted the unavailability of state funds for retroactive damages, and said that the state would be forced to “tap..other state welfare funds” in order to pay for court-ordered reimbursements. The Legal Aid Foundation’s Barbara Jones represented Rosales and applauded Damrell’s order, calling it a “huge victory for the neediest among us.”
The Sacramento Bee, Thursday, February 12, 2004
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BELGIUM: “FLANDERS BRINGS IN NEW ADOPTION RULES”
New Flemish legislation will introduce new requirements in the adoption process for Belgians. The legislation, which is designed to control the number of foreign adoptions, presents two major requirements that must be met prior to adoption. First, parents will be required to complete a special preparatory parent training course. Second, a file containing details on the biological roots of the adopted child must be compiled for safekeeping in a central archive. The government also wants to standardize adoption fees which are currently unregulated in Belgium.
Expatica, Friday, February 13, 2004
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FLORIDA: “FOSTER CARE AGENCY TO CUT STAFF”
By Curtis Kreuger
Family Continuity, a foster care agency operating in Pinella and Pasco counties, announced plans to lay off 30 of the 195 caseworkers and an undisclosed number of the 400-person administrative staff. Lisa Tackus began service as acting executive director last month, placed by a management company that is advising the financially troubled agency. The district administrator for the Department of Children and Families, Lynn Richard, stressed the importance of addressing Family Continuity’s $3 million deficit. Richard suggests that letting less experienced case workers go, though not ideal, will help remedy the organization’s financial woes. Opponents of the layoff plan include Roxanne Fiske who, as an official of the agency, made a recent presentation highlighting new caseworker hires and reduced caseloads. Fiske resigned from Family Continuity in protest to the cuts.
The St. Petersburg Times, Friday, February 13, 2004
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SOUTH CAROLINA: “ANTI-GAY ADOPTION BILL INTRODUCED IN SOUTH CAROLINA”
South Carolina state senator Mike Fair in a new bill proposes barring adoption by unmarried people. According to an official from the Department of Social Services, (‘DSS’,) the agency currently does not exclude unmarried couples as potential adoptive parents, but does conduct background checks to screen for a history of criminal or child abuse. If passed, the change to the state’s adoption laws would apply to public adoptions of children in the custody of the Department of Social Services, not to private adoptions. Senator Fair said that monogamous relationships between unmarried people are comparatively shorter than those between married couples, creating an unhealthy circumstance for children. Opponents to the proposal speculate that the number of foster homes available to children will be reduced if the bill is passed.
The Advocate, Thursday, January 25, 2004
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BULGARIA: “EU-HOPEFUL BULGARIA MAKES ORPHANAGES MORE HUMANE, IMPROVES ADOPTION LAWS”
By Vessela Sergueva
As a part of Bulgaria’s aim to join the European Union in 2007, the European Commission made a report that included an assessment of the country’s progress in the area of child welfare and adoption. The report highlighted the successes in legal protections for orphaned children, but noted that the 14,000 children living in orphanages have seen little improvement in living conditions. A French ambassador points to the efforts made to prevent adoptions from being arranged by only a director and attorney. This approach, he said, was “excessively costly due to corrupt middle-men.” Other controls include the creation of an adoption council that will match adoptive families with children, as well as a legal right for parents to refuse adoption permission for six months after putting their child in the care of an orphanage.
Agence France Presse, Saturday, February 14, 2004
Sorry, no online version available.

February 12, 2004

NEW HAMPSHIRE: “ADOPTION BILL AIMS TO OPEN RECORDS FOR ADULTS”

By Shir Haberman
The New Hampshire Health and Human Services Committee held hearings on a bill that would enable adults to access their original birth certificates, which contain the names of birth parents. Under existing law, adopted persons must show a probate court ‘good cause’ in order to unseal their adoption records. The bill, which is modeled after an Oregon law, limits access to the birth certificate and doesn’t include access to other birth or adoption-related records. As to the issue of contact between the birth parent and adopted person, a form can be submitted by birth parents that states their preference. The preference choices for birth parents, which would be made known to adoptees seeking access, include an option for direct contact, contact through an intermediary, or no contact. A supporter of New Hampshire’s bill notes that the predictions by opponents of the 1999 Oregon law have not come to fruition as yet. Adoption rates continue to rise, no complaints of birthparent privacy violation have occurred, and only 81 birthparents preferred no contact out of 7300 unsealed records and 469 contact preference forms. New Hampshire would join six other states in its granting adopted people the legal right of access to birth information. National attention is aimed at the bill; Adam Pertman, executive director of the Evan B. Donaldson Adoption Institute, planned to testify at the February 3 hearing.
Portsmouth Herald, Monday, February 2, 2004
Click HERE for story

OPINION: “TAILOR FOSTER CARE TO INDIVIDUALS’ NEEDS”

By Carol Spigner
A Pew Commission initiative is looking at ways to improve the foster care system in the U.S. With a focus on reform in the area of finance and judicial accountability, the Pew Commission in Foster Care recently heard from caseworkers, judges, parents, foster parents, and former foster children on the difficulties in the current foster care system. The non-partisan Commission is looking at how to change both the court oversight of cases involving abused and neglected children, as well as federal funding for services for those children. Carol Spigner, a member of the Commission, suggests the crucial importance of individualizing the services offered to children and families so as to better meet their needs. *
USA Today, Sunday, January 29, 2003
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NEW JERSEY: “NEW JERSEY SEEKS SHIFT FROM FOSTER CARE TO FAMILY PLACEMENT”

By Robert Hanley
A new program that addresses the problem of newborns without caregivers, known as “Boarder Babies,” will focus on recruiting relatives for placements rather than foster parents. Babies ready to be discharged sometimes stay for up to a month at University Hospital, waiting for foster parents to be identified. The new program allows for three full-time social workers to be assigned to University Hospital in an effort to “place these babies with relatives as quickly as possible.” Newly appointed Commissioner of Human Services, James M. Davy, will submit an overall improvement plan that includes this new program to a federal judge by February 18. This and other reforms Davy is developing result from a lawsuit and subsequent agreement between the Division of Youth and Family Services (‘DYFS’) and a child advocacy group, Children’s Rights Inc. The group alleged that the agency failed to provide quality oversight, which Davy will seek to address through a variety of measures. Davy’s other reforms include: retraining of DYFS workers, case file review, doctor’s visits for children before foster placement, transportation to school, child care and after school programs.
The New York Times, Wednesday, January 28, 2004
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WEST VIRGINIA: “SEN. BYRD, A FORMER FOSTER CHILD, PRESSES BILL TO AID ADOPTION”

By Del Malkie
Senator Robert Byrd from West Virginia was adopted as a two year old, and notes the importance of the “loving, supportive home” that his adoptive parents provided. In Congress, Byrd urged the passage of the Adoption Promotion Act of 2003, which includes financial incentives for states that succeed in placing children over the age of 9, or children with special needs. The Senator suggests that potential adoptive parents are deterred by what they view as an overwhelming, bureaucratic process. In light of recent efforts to address this issue, the Senator said, “as the federal government continues to partner with the states to encourage adoption, I hope that more would-be parents take advantage.”
The News Tribune, Tuesday, February 3, 2004
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CALIFORNIA: “BILL WOULD ENSURE FOSTER CHILDREN GET GOOD EDUCATION”

Many of California’s 100,000 foster kids attend group home schools rather than regular public schools. According to a former foster child, Jennifer Rodriguez, group home schools don’t provide education that regular public schools do. Assemblyman Darrell Steinberg introduced a bill that would change the requirements for group home schools; passage of the bill would mandate that curriculum and teacher qualifications standards were met, and require state monitoring of the group home schools.
News 10, Wednesday, February 4, 2004
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ROMANIA: “EC ISSUES ULTIMATUM TO ROMANIA: STOP CHILD EXPORTS”

By Ambrose Evans-Pritchard in Brussels
The European Commission issued a strong warning to Romania’s prime minister regarding the country’s violation of a moratorium on overseas adoptions. The latest warning came from the EU enlargement commissioner in an unprecedented letter. The commissioner, Gunther Verheugen, threatened that EU membership is at stake, as well as foreign aid to the country. Romania hopes to join the EU in 2007, so that in 2001 it agreed to end what many concurred was a corrupt system of baby-trafficking. Since the moratorium, adoptions have continued and some speculate that the official figure of 1000 might be inaccurately low. According to an EU official, the children adopted from Romania are difficult to locate now, due to lack of tracking data. The official also noted that “evidence points” to the possibility that “a number (of adopted Romanian children) fall into the hands of pedophile networks.” Romanian officials highlight conflicting demands from different parts of the EU; one part demands the adoption ban, and a second part seeks more relaxed rules to address falling fertility rates.
The Telegraph, Wednesday, February 4, 2004
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“A CLOSE UP OF THE FOSTER CARE SYSTEM: STUDY FINDS HEALTH, EDUCATION OFTEN NEGLECTED”

By Karen de Sa
A report by the David and Lucile Packard Foundation offers a comprehensive look at the 500,000 children in foster care, and identifies areas for improvement. The report notes that little is known about the routine health care and educational oversight kids receive during their average three years in foster care. Contributions from 94 former foster children showed that 24% felt cared for and protected, and 50% said their basic needs were attended to while in foster care. Health care failures were noted in three major cities by a General Accounting Office review. 12% of kids had no routine health care, and immunizations were either not completed (34%) or done repeatedly. According to the Packard study, nearly one-quarter of all foster kids across the nation reside in only 12 cities, one of them being San Jose. The report featured the successes of Judge Len Edwards of the Santa Clara County Superior court, in his creation of a one-judge per family rule, and also his attention to the importance of reunification. Another trend identified by the Packard report points to the growing number of relatives giving care to children removed from their homes. Cultural ties and reduced trauma are identified as strengths for placement with relatives.
Mercury News, Wednesday, January 28, 2004
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HAWAII: “MARSHALL BABY MARKET BLOCKED”

By Kristen Sawada
Hawaii has received national attention because it often serves as a staging ground for adoption practices that U.S. government and Marshallese authorities are working to ban. At a conference on February 17, experts on this issue will speak at the Hawaii State Capitol Auditorium in an effort to educate service providers in Hawaii. Adoption agencies have been abusing immigration and international adoption laws, due to an exemption from visa presentation for Marshallese people entering the U.S. Recent amendments to the Compact of Free Association signed by President Bush, combined with reforms made in the Marshall Islands are aimed at curbing unlawful adoption procedures. Jini Roby, a Utah attorney and social work professor who helped author a new Marshallese adoption law, said that “the dots are being connected between all the people that need to come together and talk to each other in order to clean up these practices.” Michael Jenkins leads the newly established Central Adoption Authority in the Marshall Islands. Jenkins said that preliminary signs show that a new reporting system for adoption-related abuses appears to be working; tips on violations of Marshallese adoption laws have been received by the Authority since October and relayed to the Marshall Islands attorney general.
The Pacific Business Journal, Thursday, January 26, 2003
Click HERE for story

*The National Center for Adoption Law and Policy is a partner in the Pew Commission initiative.

February 2, 2004

UTAH: “PANEL OKS MEASURE TO FACILITATE ADOPTION”

Currently, Utah parents who adopt internationally must complete a long and expensive judicial process in order to get a birth certificate for their adopted child who already has U.S. citizenship. Representative Wayne Harper and West Jordan are sponsoring a bill that would require that Utah courts recognize foreign adoptions, sealing up the hole in the current process.
DeseretNews.com, Wednesday, January 28, 2004
Click HERE for story

FLORIDA: “FLORIDA GAY ADOPTION BAN UPHELD”
By Bill Rankin
Four gay men lost in their challenge to a Florida ban on adoptions by gay people in the Federal Court of Appeals Thursday. The opinion held that the policy on homosexual adoption determined by the Florida Legislature in 1977 is one that is not prevented by the U.S. Constitution. Judge Stanley Birch noted that the issue is “one of legislative policy, not constitutional policy.” Court filings by the state included explanations of its preference for dual-gender parenting, including its view of the benefits for children as they develop. Heterosexual parents influence the shaping of “sexual and gender identity and (provide) heterosexual role modeling” for children, according the filing by the state. On the other hand, the American Civil Liberties Union (ACLU) argued, “the only purpose the ban could possibly serve is the forbidden one: expressing the state’s disapproval of lesbians and gay men.” The ACLU also argued that the State previously has permitted adoptions by couples with drug and alcohol problems or histories of domestic violence and that some Florida judges have granted legal guardianship to some gay couples. Florida is the only state that bans adoption by any homosexual person. Eleven states and the District of Columbia have statutory laws or judicial rulings that allow homosexual couples to adopt.
Palm Beach Post, Thursday, January 29, 2004
Click HERE for story

PENNSYLVANIA: “STATE BOARD APPROVES REGULATIONS TO EASE ENROLLMENT FOR FOSTER CHILDREN”
Associated Press
Under a final version of new regulations, enrollment for foster children into schools must be processed within a uniform timetable. The State Board of Education adopted the new regulations, which must also be reviewed by House and Senate Education Committees, an independent panel, and the attorney general’s office prior to implementation. According to a survey of foster care providers on the current situation conducted by the non-profit Education Law Center, foster children have waited as long as a month before being enrolled in school. Under the new regulations, public schools and charter schools must enroll all children, including foster children, within five days, provided that appropriate documentation and school communications are received.
Post-Gazette, Friday, January 23, 2004
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FLORIDA: “TEEN SUES DCF TO STAY IN SCHOOL”
By Megan O’Matz
A former foster child with a learning disability is suing the Department of Children and Families (“DCF”) for discrimination and for depriving her of her right to due process, in the first challenge to the controversial “Road to Independence Act,” legislation passed in October 2002 to help foster kids as they “age out” of the state system.  Under the Act, with a stipend from the state, former foster kids can pay for housing and other expenses while completing their educations. The teen bringing suit, whom psychologists called “emotionally handicapped,” alleges she was enrolled in a special education program that she was expected to complete in two years. In order to keep receiving her stipend, she claims, DCF told her she must drop out of the program because it would take longer than two years for her to complete it, and suggested she enroll in a preparation course for the G.E.D., allegedly dooming her to failure. Critics of the program suggest that it doesn’t prepare most kids to be on their own. A DCF spokesperson, while declining to comment on the litigation, noted that there is a “group of individuals who may have needs that are not addressed by the statute, and we are working with the Legislature and advocates to address possible changes.”
Sun Sentinel, Tuesday, January 27, 2004
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COLORADO: “PANEL REJECTS BILL TO LET GAYS BE PARENTS TO PARTNERS’ KIDS”
By Chris Frates
A House Committee panel voted against a bill that would have allowed homosexual couples to adopt children as a pair in Colorado. The current law permits only one of the partners in a homosexual relationship to become the legal guardian of an adopted child. Representative Alice Madden sponsored the bill, which is similar to laws passed in 20 other states. Supporters of the bill testified that permitting only one parent deprives homosexuals and the kids they adopt of legal rights. Only one legal guardian is recognized by the state, so that inheritance, Social Security benefits, and health insurance are not afforded to children of a non-legal parent. No opponents of the bill testified, nor did legislators who voted against the bill explain their votes at the hearing. Afterwards, however, Representative and Committee chair Shawn Mitchell, who voted against the bill, stated, “I think adoption creates a family and I think the state should recognize and support that ideal.”
The Denver Post, Tuesday, January 27, 2004
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“ROMANIA FLOUTS OWN ADOPTION BAN”
By Oana Lungescu
As a part of Romania’s aim to join the European Union in 2007, it agreed at the EU’s request to ban international adoptions in 2001. However, despite the ban, the country admits sending 105 children for adoption in Italy and making 800 exceptions to the ban overall. According to Romanian Prime Minister Adrian Nastase, two years ago, the United States urged Romania to lift the ban prior to entry into NATO, along with pressure from Italy, Spain and France, and Romania was caught in the middle. Baroness Emma Nicholson, a British MEP and long-time champion of Romanian children’s rights, stated that in permitting these exceptions, Romania violated the UN Convention of The Rights of a Child. Nastase noted, however, that international adoptions have sharply fallen, and that the 105 Italian adoptions were cases where the adoption process had already begun.  He stated that prior to the ban, 10,000 children were adopted internationally within a 3 year timeframe, in contrast with the 800 exceptions since 2001.
BBC News, Friday, January 23, 2004
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OPINION: “SAFE HAVEN LAW COULD BE EVEN SAFER; THOSE WITH UNWANTED PREGNANCIES SHOULD HAVE ADOPTION INFORMATION”
By Mary Daily
In a recent commentary, Mary Daily, Director of Social Services at a Philadelphia-based nonprofit adoption agency, criticizes New Jersey’s “Safe Infant Protection Act.” The Act, intended to lower rising rates of abandonment or infanticide, allows a mother in an unwanted pregnancy to drop a child off at a police station or hospital within 30 days of the birth, no questions asked. According to Daily, this law doesn’t necessarily provide the mother with professional counseling when she needs it most.  Daily notes that Act might even reinforce the public perceptions of an unwanted pregnancy that adoption professionals have worked to dissolve, such as “shame or blame” associated with unwanted pregnancies. Furthermore, Daily argues, the Act doesn’t afford the birthmother legal counseling, nor does it suggest the possible opportunities available in an open adoption, a Safe Haven baby in the state foster care system can be left with no information about his or her birth parents, and the father might also be left entirely out of the process. Daily suggests that, for continued funding of this law, it should be expanded to include education in the schools and community on resources available that could help desperate mothers make more informed decisions.
The Philadelphia Inquirer, Wednesday, January 21, 2004
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CONNECTICUT: “DCF’S ATTEMPTS TO RENEGOTIATE DEAL OPPOSED”
By Colin Poitras
The state of Connecticut is seeking a hearing before the U.S. District Judge Alan H. Neval to challenge a federally ordered improvement plan for the state’s Department of Children and Families. The plan was the result of settlement negotiations in a class-action lawsuit brought against the department by attorneys representing foster children. The state’s agreement in December to comply with the plan guarded the department from a federal takeover. The state currently argues that the requirements laid out in the plan are unreasonable and will be expensive. According to the state, the expenditures necessitate legislative approval, and might violate Connecticut’s spending cap. On the other hand, attorneys party to the class-action lawsuit dismiss the complaints and point to the state’s obligation to comply with the negotiated agreement. Furthermore, they argue that at the time of the agreement, the improvements obviously indicated increased costs.
The Hartford Courant, Thursday, January 29, 2004
http://www.ctnow.com
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January 28, 2004

MICHIGAN: “OAKLAND COUNTY JUDGE DENIES FEDERAL JUDGE ACCESS TO ADOPTION HEARING VIDEO”

Associated Press
The Smiths of Clinton County, and the Cromwells of Oakland County, are involved in an adoption dispute in federal court; although adoption cases are not typically heard at the federal level, U.S. District Judge Borman is concerned that the Smiths did not receive due process in their attempted adoption of two girls. Judge Borman requested a videotape from Oakland County Judge Elizabeth Pezzetti of an April 2002 hearing where she overturned the adoption award to the Smiths by a Clinton County Judge. On Friday January 16, Pezzetti declined to turn over the tape, her attorney noting that the recorded hearing was confidential. A hearing on the issue of jurisdiction, set by Borman, will be March 1, 2004.
MLive.com, Associated Press, Saturday, January 17, 2004
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Note: For Background on this case, refer to:
Lansing State Journal, October 16, 2003
http://www.lsj.com/news/capitol/031016_adoption_1b-2b.html

MAINE: “BACKGROUND-CHECK BILL WOULD SPEED ADOPTIONS”

By Susan Cover, Blethen Maine News Service
A bill before the Maine Legislature would authorize fingerprinting of potential adoptive parents earlier than is currently permitted by Maine Law. Michael Norton of the Bureau of Child and Family Services notes that the bill doesn’t substantively change the existing background checks, but adds flexibility to their timing. The change could mean a shortened wait for families that are finalizing an adoption. In response to a presentation of the bill by Representative Darlene Curley to the Judiciary Committee, some members expressed concern over a gap in state law that does not require fingerprinting of foster parents.
Kennebec Journal/Morning Sentinel, MaineToday.com, Wednesday, January 14, 2004
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FLORIDA: “SMOOTH START TO FOSTER CARE TURNOVER”

By Kathleen Chapman
The Department of Children and Families in the four-county Treasure Coast region of Florida will turn over the management of adoptions, foster care and protective supervision of children to a private non-profit organization. United for Families, which will be paid 15 million dollars a year by the state, has already begun the process of the county-by-county transition, to be completed by May 1. A primary goal of United for Families will be to reduce caseloads, particularly in counties where the department has been especially short-staffed. Proponents of the plan, initiated under new legislation requiring privatization of the state foster care system, believe that private organizations with more flexible budgets will better serve communities, and encourage volunteerism and charitable giving. Opponents point to poor performances of some other private foster agencies and argue that the move is intended to shift the blame often associated with the difficult job away from the state.
Palm Beach Post, Friday January 16, 2004
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ILLINOIS: “1 IN 4 BOYS IN FOSTER CARE GET CHARGED WITH CRIMES”

By Chris Fusco
A new study by the University of Illinois Children and Family Research Center of 18,676 children born between 1983-84 who were abused or neglected in Cook County indicates that youths who were abused or neglected appeared in juvenile court 47% more often than those who were not. Researchers intensively reviewed juvenile court records of the children in the study to determine how many of them were accused of crimes prior to age 18. The connection between prior abuse and juvenile crime was stronger among boys than girls. For boys who stayed in foster care, and then moved from home to home, the increase in moves corresponded with an increased incidence of juvenile crime. Co-author of the study, Mark Testa, says the study raises questions about what is going on in the foster care system that doubles children’s risk of delinquency. Illinois Department of Children and Family Services spokesperson Jill Manuel states that the study supports the need for improvements for children while in the care of the state.
Chicago Sun-Times, Wednesday, January 14, 2004
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CALIFORNIA: “NO INHERITANCE FOR FOSTER KIDS”

By David Kravets
The California Supreme Court unanimously decided that foster children are not entitled to an inheritance unless they have been either named in the will, formally adopted, or there is overwhelming evidence that the parents intended to adopt.

Terrold Bean was never legally adopted by his foster parents, but maintained a special relationship with them, according to Bean’s attorney. The parents left a $600,000 estate that a niece and nephew claim. Attorney for these closest surviving relatives, Thomas Williams, notes that the case was straightforward, highlighting the “sacred right to leave your estate to your family whether you have a will or not.” Bean’s attorney, Patrick Sullivan, describes the relationship between the foster father and his client to have been one “that a father has with his son.”
The Associated Press, Thursday, January 15, 2004
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OBITUARIES: “WILLIAM PIERCE; ADVOCATED ADOPTION IN UNWANTED PREGNANCIES”
A longtime adoption advocate, William Pierce, succumbed to cancer on January 13. Pierce was assistant director of the Child Welfare League of America and director of its Washington office from 1970-1980. He founded the National Council for Adoption in 1980, and served that organization for 20 years, working on efforts such as legislation to reduce obstacles to trans-racial adoptions, and the creation of the Adoption Awareness Act of 2000. In 2000, Pierce became the Executive Director of the International Association of Voluntary Adoption Agencies and NGOs and the Publisher and Executive Editor of Adoption/Medical News.
The Washington Post, Sunday January 18, 2004
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TURKEY: “INTERNATIONAL ADOPTION A REALITY”
The Turkish General Assembly has approved the International Adoption Convention, which is designed to prevent profiteering from child abduction and child trade. Approval of the Convention will enable both overseas and domestic adoptions of Turkish children, and might aid in finding homes for orphans or children without caregivers.
Turks.US, Sunday, January 18, 2004
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PENNSYLVANIA: “WHEN ADOPTION IS NOT THE RIGHT ANSWER”

By Barbara White Stack
In a recent meeting of the Allegheny County Adoptive and Foster Parents Association, Common Pleas Judge Cheryl Allen agreed with the dozen parents attending that adoption is not always the right solution for some foster kids, and said that each child needs to be looked at “on a case-by-case basis.” Some parents report that adoption subsidies, which are similar to those paid to foster parents, may not cover the cost of services needed by many children.  Allen cited the case of one foster parent who declined to adopt because she feared the child in her care would not receive the same level of services once out of state care and that she would not be able to turn to the court for assistance.  Allegheny County CYF director of Human Services Marc Cherna asserts that the department usually answers adoptive parents’ requests for help, and that adoptive parents ought to receive aid when requested. A helpline, “800-585-SWAN” connects adoptive parents with programs specially designed for adoptive families.
The Post Gazette, Monday, January 19, 2004
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January 14, 2004

CALIFORNIA: “STATE LAW ADAPTING TO NEW KINDS OF FAMILIES; RULING IMMINENT ON MAN CLAIMING ‘EQUITABLE ADOPTION’”

By Harriet Chiang
The California Supreme Court is expected to rule any day on an “equitable adoption”  case that some experts believe could have a far-reaching impact on concepts of family relationships. Terrold Bean was never adopted by his foster parents, but stayed with them from age 2 to 21, and maintained a relationship with the couple similar to that between parents and children. The foster father died without a will, and a niece and nephew now claim the $600,000 estate. Experts are looking to the case to see how the court deals with Bean’s claim to have been equitably adopted. In 2001 the trial court ruled that Bean did not prove his claim because he had not shown intent by the couple to adopt him, notwithstanding the special relationship they shared. Professor Jan Ellen Rein of McGeorge School of Law has criticized the factors courts use in judging equitable adoption claims, noting in a 1984 article that they do not fit with the “real human facts of these cases.” Family Law expert Joan Hollinger notes the timeliness of the decision, as a national board is currently considering whether probate laws should be updated to take into consideration informal parent-child relationships.
The San Francisco Chronicle, Monday January 12, 2004
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IRAN: “CHILDREN THE QUAKE LEFT BEHIND”

By Kim Barker
Nearly 2000 children are estimated to have been orphaned due to the earthquake in Bam, Iran on December 26 that killed 35,000.  Although it has been flooded with adoption requests, the Iranian government’s “Better Life Organization” will wait for three months for relatives in the region and elsewhere to search for their loved ones before it releases a child for adoption. "Not yet," said Reza Khoshnood, the deputy of social affairs for the organization, which runs the orphanage helping most of the surviving children. "We have to be certain."
The Chicago Tribune, Monday, January 5, 2004
Web Link: Click HERE for story

TENNESSEE: “OVERSEAS ADOPTIONS REQUIRE SPECIAL PATIENCE”

By Anita Wadhwani
According to some adoptive parents and adoption agency representatives near Murfreesboro, Tennessee, overseas adoptions have been moving more slowly following the Department of Homeland Security takeover of Immigration and Naturalization. In one case handled by the new department, Citizenship and Immigration Services (“CIS”), the processing of adoption papers for a couple’s third child took five months to process, while the paperwork for their child adopted two years earlier took only two months.  The CIS attributes the problem to staff shortages in its Memphis office. Although there is a backlog of applications and the processing time remains at about three months, the Memphis agency has a full-time and a part-time staff member dedicated to overseas adoptions, according to Chris Bentley of the CIS in Washington, D.C.  Congressman Bart Gordon and Senator Bill Frist have helped individuals move the process along, and Senator Lamar Alexander’s staffers addressed the delays with the department last fall.
The Tennessean, Tuesday, January 13, 2004
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MARSHALL ISLANDS: “HOMELAND CHIEF IS ASKED TO BLOCK ADOPTION FLIGHTS; PACIFIC ISLANDERS BROUGHT TO U.S. TO GIVE UP BABIES IN VIOLATION OF MARSHALL’S LAW”

By Walter F. Roche Jr.
Three Senators, Domenici, Bingaman, and Akaka have asked Homeland Security head Tom Ridge to bar pregnant mothers from flying from the Marshall Islands to the U.S. to give up their babies for adoption.  The appeal referenced December 2003 amendments intended to halt this practice that were made to the Compact of Free Association, which governs relations between the governments of the United States and the Marshall Islands. Under the Compact, Marshallese are exempted from visa presentation upon entry into the U.S., but that exemption does not apply to adoption cases.  Under the Marshall Islands Adoption Law, passed in 2002, Marshall Islands adoptions are required to go through a central authority that was created last October.  Jini Roby, Utah professor and attorney who helped draft the law, and Michael Jenkins, head of the Marshall’s adoption agency, will appear in Honolulu in February as part of a panel discussion aimed at informing  public officials and others about the law and the past problems.
The Baltimore Sun, Thursday, January 8, 2004
Web Link: Click HERE for story

MISSOURI: Court hears arguments in case of 'Internet twins' adoption

By Kelly Wiese, Associated Press
An attorney for Tranda Wecker, who twice offered her twin girls for adoption on the Internet, argued to the Missouri Supreme Court on January 7^th that the subsequent adoption of the twins by a St. Louis couple should not have been finalized until Wecker had exhausted appeals of the termination of her parental rights.  Wecker placed the twins for adoption with a California couple, but later removed them because, she said, the couple opposed her visitation with the girls.  A subsequent adoption by a Welsh couple in Arkansas was voided by an Arkansas judge and the twins were placed in state custody in Missouri. Wecker’s attorney argued that a key factor in the termination—that the twins had been in state custody for 15 of  preceding 22 months—was beyond his client’s control and that she was following the required process to regain custody.  An attorney for the St. Louis juvenile officer argued that Wecker’s appeal of the termination came too late and that she did not post a bond to halt the adoption process, as required by state law and court rules.
Mercury-News, January 7, 2004
Web Link: Click HERE for story

illinois: “ ‘Eli’ Judge Ends Moms’ Rights”
A Cook County juvenile judge terminated the parental rights of the mother of a boy who was believed last year to have been Buddy Meyer, a boy missing from North Carolina.  After DNA tests later revealed that the child’s mother was Laura Trandel, who did not want contact with him, the child, formerly known as “Eli Quick,” was sent to live with an aunt.  The court’s action cleared the way for his aunt to adopt him.
The Chicago Tribune Online Edition, January 10, 2004
Web Link: Click HERE For story
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MICHIGAN: “FAMily court rules blasted -- Attorneys say they'll stop representing children”

by Jack Kresnak
Some juvenile court attorneys are angry with new family court rules that went into effect on January 1^st  and say they will no longer represent children.  The rules, aimed at shortening procedural delays in family court cases, require lawyer-guardian ad litems (“LGALs”) to visit child clients in their placements prior to each court hearing, which typically are scheduled every 90 days in each case.  Some LGALs with 200 plus children in their caseload would thus be required to make at least 800 visits per year.  Patrick Devine, president of Wayne County Juvenile Court’s Trial Lawyers Association, contends that children in that county are well-represented and that each case should be assessed to determine the necessity of a home visit. Other attorneys express concerns over the dangers of such visits. However, Mary Beth Kelly, Chief Judge of the Wayne County Circuit Court, says the new rules were prompted in part by complaints from older foster children that they never see their court-appointed attorneys.  Kelly says LGALs "have to recognize that their client has social work needs and that the state has an obligation to meet those needs."  Kelly also notes that judges are aware of the LGALs’ concerns and may allow exceptions under some circumstances.
Detroit Free Press/Children First, January 5, 2004
Web Link: Click HERE for story
 

January 6, 2004

LOUSIANA: “WITHOUT PRIVACY, SOME WON’T CHOOSE ADOPTION”
Opinion by Cecile Watters Tebo
The trend toward open adoption, a relatively new concept utilizing agreements for  post-adoption contact embraced by many adoptive families and birth parents, is out of step with one adoption counselor’s experience with birth parents. According to Watters Tebo, birth parents typically highly value full confidentiality, and the existing dual-party registry system allows for the retention of that confidentiality. Birthparents are likely to be dissuaded from the option of adoption if total confidentiality is at risk now or in the future.
The Times-Picayune, Thursday, December 25, 2003
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ARMENIA: “ARMENIA CHANGES CHILD ADOPTION ORDER”
In conjunction with the Hague Convention on Intercountry Adoption, Armenia augmented a 2000 decision entitled, “Adoption Order,” to better regulate adoptions by parents from other countries. More children are still adopted domestically, though foreign adoptions are increasing each year. One added regulation will ensure that domestic adoptions continue to be encouraged, requiring that three to six months pass before a foreign adoption will be permitted.
ARKA News Agency, December 24, 2003
Note: no online version available

ARIZONA: “COURT ALLOWS FOSTER CARE SUIT FOR ‘DELIBERATE INDIFFERENCE’”
By Howard Fischer
The Arizona Supreme Court has held that, while social workers still have immunity for misconduct, if they act with ‘deliberate indifference’ in placing a child in foster care, the state and its employees can be sued. The Court illustrated the definition of ‘deliberate indifference’  with the example of a placement situation in which social workers ignore information or even refuse to obtain information that, if considered, would reveal a danger to the child.
Arizona Daily Sun, Tuesday December 18, 2003
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ILLINOIS: “ADOPTIVE MOTHER’S BOND AT $3 MILLION; BOY’S DEATH RAISES QUESTIONS ABOUT ADOPTION”
By Eric Peterson
A Chicago-area adoptive family faces hard times after a 6 year-old adopted child died from trauma to the head and the mother is the primary suspect in the case. Some point to lack of preparation of parents who seek to adopt a child who has endured marked neglect and trauma in Russia or Eastern Europe. Other adoptive parents comment that behavioral problems of a child adopted from unsafe or traumatic experiences can be extraordinary. Special preparation is not necessarily compulsory, especially in the case of independent adoptions, the process used by this Chicago family.
Chicago Daily Herald, Tuesday, December 23, 2003
Note: this article no longer available online

TENNESSEE: “STATE GETS MORE TIME TO WORK OUT FOSTER CARE PROBLEMS” 
As part of the settlement of a contempt motion in a lawsuit by Children’s Rights, Inc. against the state of Tennessee, the State agreed to develop an implementation process for compliance with the requirements of a settlement agreement entered in the case of “Brian A.” in July 2001.  Under the terms of the new agreement, the State will have an additional 15 months to meet the requirements, which include a four year reform plan for the state Department of Children’s Services.
The Nashville Business Journal, Tuesday, December 30, 2003
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CALIFORNIA: “REPORT: L.A. FOSTER CARE SYSTEM ONE OF MOST DANGEROUS IN NATION”
According to an investigation by the Los Angeles Daily News, children in foster care in Los Angeles county are up to 10 times more likely to die of abuse and neglect than those in foster care elsewhere.  The News reports that 6-28% of children in foster care in Los Angeles County have been abused or neglected, a figure comparable to the rate in New Jersey, which is widely regarded as child welfare experts as having the most dangerous child welfare system in the nation.  David Sanders, director of the county Department of Family and Human Services, while noting that the department’s efforts have saved hundreds of children over the years, says the statistics are “a reflection of a system that isn’t working.”
The Mercury News, Sunday December 28, 2003
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CALIFORNIA: “PEERS PREPARE TEENS FOR LIFE AFTER FOSTER CARE”
By Stanley Allison
During the past 10 years, over 100 former foster children have served as mentors in the “Peer Orangewood Support Team,” an organization which prepares teens in foster care to enter the world as adults.  The mentors who participate in the program, all college graduates who work in jobs ranging from teaching to public service, conduct discussion and workshops on independent living throughout the year for participants, who are permitted to remain in the program until age 21.  The program’s co-founder, Mike Mackenzie - himself a former foster child - says that the mentors are living proof that even though “youngsters are reeling from self-doubt as they approach the age of emancipation, they can say with confidence, ‘Yes, you are going through a hard time, but you have a lot of potential, and you're going to make it.’
The Los Angeles Times, Thursday, January 1, 2004
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MARYLAND: “GROWING UP TOGETHER,  THANKS TO ADOPTION”
By Laurie Willis
Marlee and Mark Wovas are only two of the small but growing number of adoptive parents willing to adopt multiple children.  In adopting twin brothers, the Wovas’ satisfied two needs identified by many adoption experts: giving children a home and preventing them from having to suffer a second round of separation anxiety.  The Wovas’ adoption was through a private agency, but there is also a non-profit organization in Maryland that is devoted to locating adults who are willing to adopt sibling groups.  Communities of Care/Maryland, founded in 1998, was modeled on an Illinois program.
SunSpot.net Maryland, January 1, 2004
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HAWAII: “NORTH SHORE WOMAN FACES FEDERAL CHARGES RELATED TO CAMBODIAN ADOPTION SERVICE”
By Tom Finnegan
A Hanalei woman faces charges of conspiracy to commit visa fraud in a Seattle federal court stemming from her involvement in the adoption of children from Cambodia.  Lauryn Galindo, her sister, Lynn Devin, and Devin’s company, Seattle International Adoptions, Inc., were charged with buying Cambodian children from their parents, representing them as orphans, and then facilitating their adoptions.  The agency was closed in December after Devin reached a plea agreement with prosecutors.  She will be sentenced on March 12^th.  Galindo, who noted in a 2002 article in The Cambodian Daily that she had received numerous awards from the Cambodian government, contends that she is really a humanitarian who aids the children who come under her care.  Her indictment charges that a visa was granted for a supposed orphan, but that Galindo and the adoptive parents actually had met with the birth mother.
Kauai Garden Island News, Monday January 5, 2004
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December 16, 2003

FLORIDA: “CENTRAL FLORIDA GETS NEW 24 HR ADOPTION INFO HOTLINE”
A new adoption hotline is offered to Floridian parents in a crisis pregnancy. An educational program and focus groups supported by the Dr. P Phillips Foundation and executed by two agencies noted the need for a new vehicle to disperse information on adoption. Mothers in crisis pregnancies might use a hotline manned by crisis counselors to discuss adoption placement with an understanding counselor, as well as general adoption information. Objectives for provision of the hotline include dispelling myths surrounding adoption, and presenting adoption as an option for interested mothers in an unplanned pregnancy.
The Orlando Business Journal, Wednesday, December 10, 2003
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FLORIDA: “LAWMAKERS WORK TO INCREASE ADOPTION OF BLACK CHILDREN”
Three state senators will work with civic groups and religious groups to recruit foster and adoptive parents. Of the children in the foster care system in the State of Florida, over half are black; the new effort in recruitment is prompted by the DCF campaign for promotion of adoption announced by the governor last month.
Associated Press, Tuesday December 9, 2003
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NEW YORK: “REFORMING FOSTER CARE”
By Kendra Hurley
The efforts begun in the mid-90’s at Mayor Giuliani’s behest to localize child welfare services are still facing hurdles, but results are evident. The shift was one from a city-wide foster care placement program to one that encourages placements close to the birthparent home. The overhaul intended to reduce hassle, allow for involvement by respondent parents working to maintain and repair relationships with their children, and to encourage a more team-oriented support system nearby the zone where the family lived. Now 75% of kids placed by the Administration for Children Services are in a foster home in the same borough in which their birthparent home is situated, up from 30% in 1998. Disadvantages to the new system include lack of available services in the dispersed locales, and rigidity in the system that doesn’t allow for special circumstances that require distance between family and foster child.
The Gotham Gazette, Monday, December 8, 2003
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WASHINGTON D.C. “BUNNING INTRODUCES LEGISLATION TO PROVIDE PERMANENT TAX RELIEF TO FAMILIES WHO ADOPT”
Sen. Jim Bunning Press Release
The two-year old tax relief law for adoptive parents is due to sunset in 2010, and Sen. Bunning has introduced legislation to make the permanent the protection of the existing rates. If expiration occurs, the tax credit in 2011 will be cut in half.
Press Release, November 22, 2003
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“GIRL SENDS THOUSANDS OF GIFTS TO FOSTER KIDS”
Associated Press
In a project she calls “Children to Children,” a 13 year old girl sends stuffed animals along with a personal message written to kids placed in foster care. Freddie Mac, Home Depot, Southern Management Companies, Oprah, Rosie O’Donnell and the Caring Institute have helped Mackenzie Snyder send 28,000 stuffed friends to foster kids; Mackenzie hopes to reach EVERY foster kid in America someday, and is currently on the hunt for a donation of duffel bags in which stuffed animals are delivered.
MSNBC News, Friday, December 12, 2003
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MICHIGAN: “COUPLE URGE FEDERAL JUDGE TO ORDER 2 CHILDREN RETURNED; PAIR GAINED THEN LOST ADOPTION IN STATE CASES”
By Jack Kresnak
A couple chosen as foster parents for two young girls intended to adopt, while relatives unknown to the girls prepared to be foster parents, also intending adoption. One county judge approved the foster couple’s adoption eight months after placement, and the relatives appealed in a different county, gaining custody of the girls. A characteristic of the Adoption Code in Michigan allows an equally ranked judge to overturn a previous judge’s decision from a different county. This circumstance has required the Federal Court to step in to review the proceedings, in which the foster couple was not permitted to participate in the hearing that resulted in the removal of their adopted children.
Detroit Free Press, Thursday December 11, 2003
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FLORIDA: “CORAL SPRINGS ADOPTION AGENCY CONTESTS SHUTDOWN ORDER FROM STATE”
The Department of Children and Families ordered a shut-down of the Coral Springs Adoption Agency for the activities of an employee connected with baby-trafficking. DCF exercised its discretion to suspend the licensure of an agency that threatens the safety and welfare of the public, according to DCF officials. An attorney representing the agency noted the lack of an administrative hearing prior to the revocation of license, and that the agency is open for operation. However, adoptive parents awaiting finalization of adoptions (many in Guatemala,) are exploring other means to ensure the adoptions underway are not interrupted.
The Sun Sentinel, Thursday December 11, 2003
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December 10, 2003

OPINION PAGE: “PROMOTING ADOPTION”
By Thomas Atwood
At the conclusion of National Adoption Month, President Bush signed the Adoption Promotion Act that reauthorizes an incentive system to help find permanent homes for kids in the U.S. foster care system. In light of the success that started with the 1997 Adoption and Safe Families Act in placing children in adoptive homes (last five years: 256,000 placements, where the preceding ten years produced that number,) the APA incentive program is being enhanced for kids aged 9+. With respect to waiting kids, the author notes that the challenge is not insurmountable; if one in every 471 married American couple adopted a child out of foster care, the 116,653 kids that were awaiting placement at the end of 2002 would have a permanent home.
The Washington Times, Friday, December 5, 2003
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“INDIAN IMMIGRANTS PLEAD FOR ADOPTION LAW CHANGE”
By Ela Dutt
Currently, permanent legal residents, frequently called “green card holders,” cannot petition for immediate immigration of the children they adopt abroad, while U.S. citizens can make a petition.  A group of 700 permanent legal residents have sought support from the President, Congress, and the State Department requesting the change that would enable the group to more easily adopt notwithstanding their immigration status. Although permanent legal residents can adopt, many wait for long periods of time for the child to be able to actually come to the U.S., and according to the petitioner representative, this obstacle often dissuades legal residents to adopt at all.
Hindustan Times, Tuesday, December 2, 2003
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ITALY: “IN A FIRST, SINGLE ITALIAN WOMAN ALLOWED TO ADOPT”
Agence France Presse
After adoption law reforms in Italy in 2001 that permit single parent adoption, the first single woman finalized an adoption of a Belarusian boy. As a part of a program that cared for victims of the Chernobyl disaster that occurred near the border of what is now the Republic of Belarus, the orphaned boy lived with his now adoptive mother since 1998.
Agence France Presse, Thursday, December 4, 2003
Note: No link was available for this story.

“AMERICANS ARE BRINGING HOME BABY- INCREASINGLY FROM AFRICA”
By Abraham McLaughlin
International adoptions continue to steadily grow, notably in Africa. Ethiopia, Liberia, and Sierra Leone all have given up children to American adoptive parents, that usually are either ‘white couples, white single mothers, African-American couples or African expatriates.’ Ethiopia expects 400-500 adoptions in 2004, up from 114 in fiscal year 2002; some attribute the increase of African adoptions to the ‘higher profile’ the continent has had in the U.S. news after the President’s visit to Liberia, and the AIDS crisis. Adam Pertman of the Evan B. Donaldson Adoption Institute points to sociological trends of tolerance toward multiracial households. Others note that if parents that don’t want open adoptions, (a growing trend in domestic adoption where birthparents maintain contact with adopted children,) they might turn to overseas adoption. Furthermore, international adoptions are viewed to be less complicated than domestic adoptions. Upcoming proposed regulations of international adoption agencies might mean big changes, including $1 million insurance policies on each adoption, and required staffing of a social worker with an advanced degree.
The Christian Science Monitor, Sunday, November 16, 2003
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December 2, 2003

OHIO: “ADOPTION VIOLATIONS COST OHIO 1.8M - HAMILTON CO. CITED IN BIAS INVESTIGATION”
By Cindi Andrews
The Administration for Children and Families, a federal agency, penalized the State of Ohio with a $1.8 million fine, and objected to specific procedures used in Hamilton County (Cincinnati) that resulted in discrimination against white families seeking to adopt African-American children. The fine is the first to have been imposed by the federal administration, and will constitute 2% of the child welfare federal monies in Ohio for one quarter.  Following a 2001 lawsuit brought by families that experienced discrimination, the administration honed in on the procedure that includes race along with other factors that weigh in the placement of a child for adoption.  In response, a state family services official notes that the state will look for inconsistency with state and federal law, and appeal the financial penalty.
The Cincinnati Enquirer, Saturday, November 22, 2003
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“A SHORT TRIP TO CITIZENSHIP; NEW RULE GIVES FOREIGN ADOPTEES FAST TRACK TO NATURALIZATION - IMMIGRATION YOUNG CITIZENS
By Alfonso Chardy
Eduardo Aguirre, of the U.S. Citizenship and Immigration Services in Washington D.C., announced the “automatic citizenship certificate” program for children adopted from abroad. The existing process for citizenship application requires adoptive parents to apply for green cards, then await official citizenship processing. However, the new program will streamline the process for 70% of adoptive families, and take only 45 days.
The Miami Herald, Thursday, November 22, 2003
Click HERE for story
Note: This article is in a paid archive.

“25 ADOPTED BOYS FIND A HOME IN ONE HOUSE”
By Janet Kornblum
After the passage of ASFA (Adoption and Safe Families Act) in 1997, Anne Belles began adopting the children that she had fostered since she was 19 years old herself. She and her husband began adopting boys with special needs, aged 3-25, and now run a household where some boys have shown marked improvement in learning abilities. Adam Pertman of the Evan B. Donaldson Institute notes that financial incentives make special needs adoptions (like those by Belles and her husband) more possible, and that this family is an example of where incentives work. While some people question whether one family should take on so many children, those who know this family say that it works in their case.
USA TODAY, Tuesday, November 25, 2003
Click HERE for story

“ADOPTION BID TURNS INTO A NIGHTMARE”
By Jim Rankin
Alison Herst, a former participant in the Olympic Games and hopeful single-mother, had already legally adopted a Haitian child, and had visited Haiti five times in anticipation of adopting another, Zoe. However, before Herst secured a Canadian passport for the child, the Haitian orphanage caring for her closed. Since then, Herst and Zoe have been stuck without much help from the Canadian agency or the Haitian program operator, American Annette Thompson, who is based in Wisconsin. Thompson also runs a site, precious.org, that lists photographs of children waiting to be adopted, which lists Zoe as having been brought home to Canada in October. The poverty and corruption present in Haiti is a major source of difficulty, according to Herst, and she has been frequently compelled to pay extra money for the process to be completed.
The Toronto Star, Saturday, November 29, 2003
Click HERE for story

BRITAIN: “FROZEN DREAMS”
By Mary Braid
Like their American counterparts, British couples face struggles in deciding how to deal with unused embryos. An American agency created a program, “Snowflakes,” that screens and conducts homestudies in a process of adoption that has led to much controversy. An equivalent agency is unavailable to British couples. Some consider delivering their embryos to Snowflakes, because they have an interest in placing their embryos with a family that has been screened for factors that would influence the well-being of the would-be children, rather than only for medical health as a part of the available embryo donation process. Further, some hope to maintain some contact with the children, as is possible in an open adoption. The donation process is closed and confidential in the U.K., leaving children unable to trace their donor parents.
The Observer, Sunday, November 16, 2003
Click HERE for story

November 26, 2003

“HILL OKS ADOPTION BILL”
By Cheryl Wetzstein
The Adoption Promotion Act 2003 was passed by congress and is awaiting presidential signature. Continuing incentive-based programs from the 1997 Adoption and Safe Families Act, the $43 million per year for the next five years will also go towards a new bonus for states that place and track adoptions of older foster children (9-17.) Nationally, adoptions were up in 2002 from 2001 by 3703, and spelled $15 million in bonuses paid in aggregate to states that placed kids out of the foster system.
The Washington Times, Tuesday, November 18, 2003
Click HERE for story

“MORE FIRMS OFFERING ADOPTION HELP TO EMPLOYEES”
By Cindy Krischer Goodman
Companies are increasingly offering adoption benefits, both in terms of financial aid, and time off. According Rita Soronen of the Dave Thomas Foundation for Adoption, companies receive in return increased employee loyalty as a result. Human resources experts note that companies demonstrate (at a low overall cost) a spirit of fair treatment to employees through offering benefits to parents who choose adoption to build their families. 16% of large U.S. companies provide adoption assistance ranting from $1500-$10000, and from one week to three months leave.
The Miami Herald, Thursday, November 20, 2003
Click HERE for story

FLORIDA: “DCF GETS ITS FIRST TEST IN COURT; A COUPLE FIGHTS FOR THEIR RIGHT TO ADOPT A FOSTER CHILD”
By Errin Haines
The constitutionality of a new rule of the Department of Children and Families implemented last August will be determined by January 15. The rule disallows an appeals process foster parents have used in the past to contest adoptions. The first case that challenges this rule involves a two-year old boy that was in foster-parent custody for sixteen months, and has now been adopted by an out-of-state biological relative. An administrative hearing lasted two hours last week on the foster-parents’ case, and the January 15 decision will influence the future of many Florida foster families. According to DCF, the rule was intended to, “align DCF procedure with federal and state law and clarify the department’s policy.” Opponents of the new rule point to a 1974 state law that allows an appeal for people who have been “substantially affected” by a state agency decision or ruling.
The Bradenton Herald, Wednesday, November 19, 2003
Click HERE for story

“NEW VIETNAM ADOPTION LAW SET TO REFILL EMPTY ARMS”
By Christina Toh-Pantin
A new governmental department was established this year after an enactment of laws governing international adoptions. The law requires that countries overseas participating in adoptions sign a bilateral pact, as France, Ireland, Denmark, and Italy have done. The new department opened in August will now monitor all adoption applications, and will cut down waiting time for adoptions by foreign parents by five months.
Reuters, Sunday, November 23, 2003
Click HERE for story

UTAH: “PROGRAM AIDS TRANSITION FROM FOSTER CARE”
By Jacob Santini
A new program designed to aid young people in their transition, or “aging-out” of state custody was announced last week. The program involves both private and public initiatives, which will include: a mentoring program; online resources related to job-hunting, housing, and education; one-time federal financial help for clothing or apartment down-payments.
The Salt Lake Tribune, Thursday, November 20, 2003
Click HERE for story

“INTERCOUNTRY ADOPTION ACT IMPLEMENTATION: FEDERAL REGISTER NOTICE SAYS COMMENT PERIOD EXTENDED UNTIL DECEMBER 15”
State Department Press Release
The Department of State and Homeland Security are partnering in an implementation of the Intercountry Adoption Act with the aim to prevent illegal activity, and build consistency into intercountry adoption procedures. The Act contains proposed regulations for accreditation and approval of adoption service providers that conduct adoptions with countries that have signed the Hague Convention on Intercountry Adoption. The period of comment on those proposed regulations ends December 15, 2003.
The State Department, Monday, November 17, 2003
www.regulations.gov/freddocs/03-28544.htm
www.regulations.gov/search.cfm

November 18, 2003

“US PROPOSALS ON ADOPTION GET MIXED REVIEWS; BACKERS SAY RULES WOULD PROTECT CHILDREN AND PARENTS. FOES SEE HIGHER COSTS, AGENCIES FOLDING.”
By Ann M. Simmons
New federal regulations for overseas adoptions were proposed in September consistent with the goals of the Hague Convention on Intercountry Adoption Treaty. The period for public comment on the new regulations closed on Friday.* The proposed changes include added administrative responsibility and possible liability for agencies performing international adoptions. If the changes are implemented, international adoption agencies will be accountable for administrative errors or faulty diagnoses by overseas-based hired contractors. An additional change prevents the use of a release clause that circumscribes agency liability for the risks surrounding international adoptions. Proponents point to the need for better accountability to ensure the safety and permanence of international adoptions. Opponents find the added supervision provision impractical, and the broadened scope of liability a potential ruin of some agencies.
The Los Angeles Times, Friday, November 14, 2003
Note: Online free registration is necessary to view this article on the LA Times site.
http://www.latimes.com

*Editor’s Note:  The time for public comment has been extended until   December 15, 2003.  Please see U.S. Department of State website at the following link for further information: http://travel.state.gov/extension22cfr.html


“FOR FOSTER KIDS, THERE IS HOPE; REPORT DETAILS HOW THEY CAN BEAT ODDS, BE SUCCESSFUL”
By Rebecca Cook
1000 former foster children, aged 20-51, were interviewed as a part of a Casey Family Programs study. The study sought to quantify the overall quality of life of foster care alumni in 13 states through inquiries on education, salary, homelessness, mental and physical health. The report showed high incidences of psychological disorders, abuse, and homelessness. Interestingly, the group did not differ from national high-school graduation rates, and also had a 44% college attendance rate. However, college finishers were lower than the national average of 24%, at 11%. According to the lead researcher, the overall results of the report underscore the need to help foster kids even after the age of 18, when they are no longer wards of the state.
The Seattle Post Intelligencer, Thursday, November 13, 2003
Click HERE for story


MAINE: “MAINE SLOW TO GET KIDS OUT OF FOSTER CARE” 
Associated Press
Maine joined 33 other states that fell short of national standards for foster care removal, according to a survey conducted by a federal agency. The U.S. Administration for Children and Families surveyed 50 of Maine’s 3000 foster care cases, and pointed to over-emphasis on unlikely reunifications to be a contributing factor to the State’s performance. Officials note that the department has been particularly focused for the last two years on reducing the time that children spend in foster care in Maine.
The Portland Press Herald, Friday, November 7, 2003
Click HERE for story


NEW JERSEY: “ADOPTION SUBSIDIES AT CENTER OF STORM”
By Tracey Regan
Adoptive parents that receive subsidies are largely unregulated; currently, the only compliance rule requires yearly proof that the family is raising the adopted child. After a New Jersey family receiving subsidies neglected their adopted children, state officials testified in a recent congressional hearing in Washington D.C. In response, The Chairwoman of the New Jersey Family, Women and Children’s Services Committee suggested that legislation would prompt better oversight of adoptive families’ care, detailing the need for adoptive families to prove that their children received basic medical care. Alternatively, some adoptive parents and child welfare advocates caution that sweeping policy changes in response to one failed case might serve to alienate a group of people the state works very hard to recruit: adoptive parents. One result of additional oversight might actually detract from the goal of supporting kids, in that families already are loath to seek subsidies when it results in “hovering” Department of Youth and Family Services workers.
The Trenton Times, Thursday, November 13, 2003
Click HERE for story
(site is free but requires registration to access story)


“US HONORS ADOPTION GROUPS, SOME PRO-GAY”
By Patrick Letellier
Among 30 groups and individuals lauded for “Adoption Excellence” by Secretary of Health and Human Services were three that support adoption and fostering by gay and lesbian couples. The Pennsylvania Statewide Adoption Network (SWAN,) The Child Welfare League of America, and the President of the California Association of Adoption Agencies were honorees the first week in November for their work in placing foster children. Expert Kent Markus of the National Center for Adoption Law and Policy notes that states include gay and lesbian homes when searching for “safe, permanent homes” for the large numbers of foster kids awaiting placement. Adam Pertman of the Evan B. Donaldson Adoption Institute highlights a trend of placements in gay homes in many states, as documented in his recent study.
PlanetOut, Thursday, November 13, 2003
Click HERE for story


NEW JERSEY: “HELP FOR THOSE LOST IN THE ADOPTION MAZE”
By Susan K. Livio
A new website and clearing house of adoption-related information and services was launched by the N.J. Department of Human Services. Among a variety of resources, visitors can find a adoption agencies, library-by-mail, support in the form of a hotline and group meetings.
The Star Ledger, Friday, November 14, 2003
Click HERE for story


TEXAS: “TEXAS CHILD WELFARE AGENCY USES SPEEDWARE’S DATA ANALYTICS”
The Texas Department of Protective and Regulatory Services will implement a new management tool as a part of a project with University of Texas School of Social Work, Speedware Corp and a technical consulting firm, Walter McDonald and Associates. The tool will allow child-welfare departments to analyze their performance, and identify problem areas in light of the goals set forth by the Adoption and Safe Families Act.
Speedware Press Release, Wednesday, November 12, 2003
Click HERE for story


MICHIGAN: “HOUSE COMMITTEE APPROVES BILL TO RESTRICT ADOPTION”
By Alexandra Moses
Following a case where a convicted sex offender adopted then and sexually abused his adopted daughter, the state house approved a bill that was sent to Governor Granholm. The bill disallows adoptions by convicted sex offenders. 
M-Live.com, Wednesday, November 12, 2003
Click HERE for story

November 11, 2003

FLORIDA: “STATE TO RECRUIT FAMILIES TO ADOPT, STREAMLINE PROCESS”

Associated Press
The Florida Department of Children and Families launched a new program with Governor Bush aimed at increasing adoption in the state. Components of the new plan include: Television ads, weeklong camps for prospective adoptive parents and kids seeking adoption, and new HomeFinder Teams dedicated to placement of ‘hard-to-place’ children. The plan includes no shift to include homosexual parent adoptions, in line with Florida law.
The Bradenton Herald, Wednesday, November 5, 2003
Click HERE for story

OHIO: “MORE CHILDREN IN FOSTER CARE FINDING ADOPTIVE HOMES”

By Encarnacion Pyle
National Adoption Day was recognized in Franklin County Probate Court with a ceremony that finalized 10 adoptions, 9 of which were of children over the age of 10 that are typically harder to place than younger kids. Following 1997 federal and 1998 state legislation that encourages adoption as a solution for foster kids, a trend of increased adoptions has occurred nationwide, according to a study from the School of Social Work at the University of Illinois at Urbana-Champaign. With a 53% increase in Ohio since 1998, and even more dramatic increases nationwide, experts weigh the advantages and disadvantages of expedited permanency planning. Kent Markus of the National Center for Adoption Law and Policy notes the detrimental effect on kids of protracted foster care stays. Alternatively, the more aggressive deadlines imposed by the law create a particular difficulty for birth-parents that need more rehabilitation time for substance abuse, according to Marsha Wickliffe of the Annie E. Casey Foundation.
The Columbus Dispatch, Thursday, November 6, 2003
NOTE: Paid subscription to online archive required to view this article.
http://www.dispatch.com/

“ ‘LOOK BEYOND NEW JERSEY’: PEW COMMISSION ON CHILDREN IN FOSTER CARE URGES CONGRESS TO EXAMINE NATIONAL STATE OF CHILD WELFARE ”

The Pew Commission announced a forthcoming report that will recommend improvements on financing of certain child-welfare services, and on tools courts use to help ensure the ‘safety, permanency, and well-being’ of America’s abused and neglected children. The report is expected in Spring 2004.
U.S. Newswire Press Release, Thursday, November 6, 2003
Click HERE for story

MARSHALL ISLAND OVERSEAS ADOPTION: “A DUEL FOR A DAUGHTER AGONIZES TWO FAMILIES” 

By Walter Roche
As a percentage of the population, the Western Pacific Marshall Islands have the highest adoption rates in the world, leaving many to seek more controls over alleged black-market adoption activities there. In one case, the State of Florida is a co-defendant along with an agency it endorsed, as well as the agency’s executive director, where adoptive parents have sued for fraud and restitution following a disputed adoption. There, a Florida judge found that a Marshallese birth-mother did not fully understand the terms of an American relinquishment and adoption, and therefore did not satisfy the requirement of knowing consent in a permanent adoption. A solution to cases like these put forth by a former Marshallese judge would have island courts handle the adoptions, rather than American courts, to ensure better communication with birth-mothers.
The Baltimore Sun, Monday, November 3, 2003
Click HERE for story

LONDON: “HODGE SPEEDS UP OVERSEAS ADOPTION”

By Sarah Womack
The British process for overseas adoption will be reformed with a goal to cut waiting times for approved adoption applicants from five months to 10 weeks.  Pointing to better adoption-related resources and processes in America, and the higher number of completed overseas adoptions in France, experts hope that the overhaul will encourage more overseas adoptions. The Children’s Minister, Margaret Hodge, is working to remove the required participation of Foreign Offices and Embassies of countries where British parents frequently adopt: China, Guatemala, India.
The Daily Telegraph, Monday, November 3, 2003
Click HERE for story

BRITAIN: “KNOW THE FACTS ABOUT ADOPTION”

A National Adoption Week campaign by the British Agencies for Adoption and Fostering aims to raise awareness about adoption, and hopes to find homes for the 3000 children awaiting adoption in Britain. The passage of new adoption regulations last week will allow for more support for adoptive families, and the BAAF encourages anyone over the age of 21 to apply to become an adoptive parent.
The Evening Gazette, Tuesday, November 4, 2003
Note: This article is not available online.

November 4, 2003

“CONSENT DECREES AND JUDICIAL ORDERS DRIVE MUCH-NEEDED REFORMS IN CHILD WELFARE”
By Tom McCann
A September judicial order joins various court-driven reforms of the Department of Child and Family Services in Illinois. The latest order addresses the appeals process for child-professionals accused of abuse or neglect. Others include consent decrees that are driving mandatory sibling visits for foster children, vouchers for homeless parents, lowered social worker caseloads, and a decreased number of children in custody of the state since 1995. Opponents of court-induced reform of social services note that its result wrongly leaves child welfare decisions to courts instead of trained professionals, or the legislature. A settlement in 1991 between the ACLU and DCFS improved the DCFS system, according to ACLU of Illinois and DCFS representatives. On the other hand, critics point to enduring non-compliance with the 1991 consent decree and call for increased judicial pressure.
The Chicago Lawyer, Vol. 26 Number 11, November, 2003
Click HERE for story

“ADOPTION GROUPS OPENING DOORS TO GAYS, REPORT SAYS”
By Karen S. Peterson
The Evan B. Donaldson Adoption Institute released a study this week: “Adoption by Lesbians and Gays: A National Survey of Adoption Agency Policies, Practices, and Attitudes.” Out of 307 responding agencies, 60% accept applications, and 40% have placed children with gay households (+/-5%.) Agencies focusing on special needs and international adoptions were more likely to place with gay applicants than agencies focusing on domestic infant adoptions. Commenting on the study results, gay-rights proponents consider them an indication of expert acknowledgement of what gay parents can offer adopted children. Alternatively, critics of same-sex adoption question whether it favors the needs of adults over those of adopted children.
USA Today, October 30, 2003 Nation Section
Click HERE for story
Note: More information on the study can be found by CLICKING HERE.

“RECORD NUMBER OF WOMEN ARE CHILDLESS, CENSUS BUREAU DATA SHOWS”
By Genaro C. Armas
A report based on a 2002 survey of 50K homes reflects changing trends in American women childbearing. Comparing data from 1998, 1990, and 1976, experts point to various societal changes, including increased adoption rates, to explain the marked growth in the number of women who choose to postpone motherhood, to work as single mothers, or not to bear children. Supporting data show a record number of childless women in age range 15-44, and a marked increase in never-married mothers in managerial/professional jobs.
The Associated Press, TBO.com, Saturday, Oct 25, 2003
Click HERE for story 

CONNECTICUT: “NEW DCF PROGRAM CHANGES ADOPTION PROCESS”
Associated Press
The Department of Children and Families (DCF) will implement a two-year pilot program aimed at placing older foster children in Connecticut. Based upon a Casey Family Services recommendation, the $400K program will focus recruitment efforts on people with whom the child has had contact over the years, rather than on adults unknown to the child. A federal and state task force will manage Connecticut DCF for the next three years. DCF will strive to shorten the length of time children in state custody spend waiting to be adopted in accordance with the federal Adoption and Safe Families Act.
The Stamford Advocate, November 1, 2003
Click HERE for story

“CASH INCENTIVES FOR ADOPTIONS SEEN AS RISK TO SOME CHILDREN”
By Leslie Kaufman
A grievous experience of five New Jersey children adopted out of state care by neglecting parents prompts debate on aspects of the Adoption and Safe Families Act (ASFA.) National trends show increases in adoptions, and a doubling in New Jersey between 1998-2002. Some experts point to the benefits to kids of a shorter waiting time for adoption out of foster care. Concerns center around the cessation of monitoring by the state after adoption finalization, and rushed evaluation of adoptive families. Additionally, some suggest limiting the number of children a family can adopt, to avoid the abuse of subsidies to the adopting family.
New York Times, October 29, 2003
Click HERE for story

KANSAS: “FOSTER KIDS IN ADOPTION LIMBO” 
By Dave Ranney
Adoption rates of kids out of foster care are largely increasing, according to a national survey conducted by a study group “Fostering Results” at the University of Illinois at Urbana-Champaign. After the passage of the federal Adoption and Safe

Families Act in 1997, 33 states and the District of Columbia have doubled, and six states have tripled the number of yearly adoption placements. However, Kansas has recently lagged behind other states, inciting sharp criticisms of the state contracted adoption agency by judges, and adoptive parents. In response, the agency cites increased rates of kinship placements, while acknowledging the need for improvement. The Department of Social and Rehabilitation Services suggests limiting work duplication by combining responsibility for adoption and foster-care under one contracted agency.
The Lawrence Journal-World, Sunday, November 2, 2003
Click HERE for story
Note: More on “Fostering Results” study at University of Illinois at Urbana-Champaign site:
http://cfrcwww.social.uiuc.edu/news1.htm

October 28, 2003

GUATEMALA: “ADOPTION CHAMPION GUATEMALA TO TIGHTEN RULES” By Frank Jack Daniel
An appeal by Guatemalan attorneys overturned on Constitutional grounds the country’s implementation of the Hague Convention on International Adoption Treaty last September. A proposed new law revises the Treaty, and will be discussed in November. Expected to pass this year, the new law purports to curb kidnappings and other child-right violations through DNA verification of parental relationship to placed child. However, opposition to more governmental participation in adoptions exists; overseas adoptions help fund operation for Guatemalan orphanages, and opponents fear the new law will result in a decrease in adoptions.
Reuters Friday October 24, 2003 FEATURE STORY
Click HERE for story


SAN MATEO COUNTY, CA: “LOCAL FOSTER CARE RULES GO STATEWIDE” By Matthew B. Stannard
 A new statewide law containing specific mandates for professionals that work with foster children in California will take effect January 1, 2004. The new law is based upon county-level changes previously ordered in San Mateo County by Superior Ct. Judge Marta Diaz. Changes include: mandatory contact by county attorney with children and caretakers; notification of child’s move to new home by courts to county attorneys; provision of documents and other pertinent information about the child to caregivers.
The San Francisco Chronicle, Thursday October 16, 2003
Click HERE for story


“CONTROVERSY OVER FROZEN EMBRYO ARRANGEMENTS: ADOPTION OR DONATION?”  By Robert Bazell
Embryos unused in in vitro fertilization procedures are valuable to stem cell researchers and prospective parents. The Nightlight Christian Adoption Agency started a new program, Snowflakes, that arranges adoptions of embryos. However, opponents dispute terming as adoption the embryo transfers which Snowflakes arranges. Citing ulterior motives in abortion politics by political groups, opponents contend embryo transfer should be alternatively termed as a donation.
The Today Show, October 20, 2003 Today’s Health with Katie Couric
Note: This summary is derived from transcript of television broadcast.


“DELEGATIONS STRESS URGENCY OF FIGHTING TRAFFICKING IN CHILDREN, CHILD LABOR AS THIRD COMMITTEE CONCLUDES REVIEW OF CHILDREN’S RIGHTS”  M2 Presswire
United Nations Third Committee concluded review of Children’s Rights, hearing concerns about child trafficking from West African Delegates. Nigeria, Mali, and Cote D’Ivoire detailed measures their countries have undertaken to fight child-trafficking, including development of related laws and enforcement, rehabilitation centers for victims, and bilateral agreements between nations.
M2 Communications, October 22, 2003
Note: This story is available in the paid-subscription archive of http://m2.com


OHIO: “REPORT FINDS RIGHTS WERE VIOLATED IN INTERRACIAL ADOPTION CASES” By Cindi Andrews
Hamilton County adoption committee practices were investigated by the U.S. Office of Civil Rights Selection committee. The report included 16 cases where rights of applicants for adoption were violated. Drawing from adoption selection committee files, the report cites discrimination against applicants based upon their race, predominant ethnicity in their neighborhood, and ethnicity of acquaintances.
The Cincinnati Enquirer, Sunday, October 26, 2003
Click HERE for story


LOUISIANA: “ADOPTION OF FOSTER CHILDREN ON THE RISE”
By Joan Treadway
The Louisiana Department of Social Services issued a report in October 2003 noting a statewide increase in adoptions and decreased number of children in foster care over the last five years. According to a Department representative, more focused adoption efforts were prompted by state legislation that complied with the federal American Safe Families Act of 1997. Adoptions increased by 10%, and even included an increase of adoptions of older foster children (9 years and above.)
The Times-Picayune, October 20, 2003
Click HERE for story


CORRECTION:
In last week's summary of the article, "CHILDREN BEING 'NEEDLESSLY ADOPTED,' ADVOCACY GROUP CHARGES" by Lawrence Morahan, we misattributed the author of a recent report mentioned in the article. A report mentioned in the summary as being criticized by Richard Wexler actually was not authored by the Pew Commission on Children in Foster Care, as we erroneously reported, nor was the title of the report correct.  As readers may have noticed, the original text of the news article we summarized from CNSNews.com contained a link titled "new study" which led to the Pew Commission on Children in Foster Care website.  That site carries a report on the study "Demographics of Children in Foster Care" on its front page.  We're not sure why the CNS news article linked the words "new study" to the Pew Commission's web page since the Commission was uninvolved with the study being discussed in the article.  The report actually criticized by Wexler was "Nation's Child Welfare System Doubles Number of Adoptions from Foster Care," which was produced by the Children and Family Research Center at the University of Illinois at Urbana-Champaign. We apologize for these mistakes and thank our readers for bringing them to our attention.

October 23, 2003
 

“ADOPTION’S NEW GEOGRAPHY; CHANGES IN GLOBAL RULES MAKE PROCESS EVEN TOUGHER, COSTLIER; BOLIVIA, BRAZIL MAY OPEN UP”  By Jeff Opdyke
Last month, the State Department proposed new regulations related to overseas adoptions. The new regulations are consistent with the aims of the Hague Convention on Inter-country Adoption Treaty expected to be implemented internationally a year from now. The Treaty is intended to make the overseas adoption process more consistent, by requiring a central adoption authority in each participating country, as well as requiring more financial disclosures from adoption agencies involved. With new regulations in place, countries that previously barred U.S. adoptions (Bolivia, Brazil, Slovakia) are expected to allow adoptions by U.S. residents. However, there are concerns that the Hague Treaty will cause declines in overseas adoptions involving countries with non-centralized social systems, due to their inability to comply with the new standards.
The Wall Street Journal, Tuesday, October 14, 2003 Personal Journal Section
Note: The reporter of this article, Jeff Opdyke, is conducting an online discussion related to overseas adoption and his own personal experience at WSJ.com/Discussion. 
Click HERE for story
This archived article is available to WSJ.com online subscribers.
 

“CANADA NOT DOING ENOUGH TO OPEN ADOPTION RECORDS, U.N. SAYS” By Canadian Press
A U.N. Committee on the Rights of a Child produced a report draft on October 3, 2003 noting that Canadian provincial governments are not heeding the U.N. Charter provision related to a child’s right to know his or her biological parents. Nova Scotia, among five other provinces have closed records. To attempt contact, a Nova Scotian adoptee or birth-parent must use the government as an intermediary to determine willingness of the other party to reunify.
The Globe and Mail Tuesday, October 14, 2003 National Breaking News
Click HERE for story
 

FLORIDA OVERHAUL OF ADOPTION LAWS GIVES MARRIED COUPLES, SINGLES EQUAL FOOTING By Maya Bell
The Department of Children and Families overhauled the administrative rules related to adoption law, and finalized the rules in April 2003. The rule changes received praise from gay-rights activists and also triggered formal challenges from area lawyers. The rule governing the Department of Children and Families administrative hearing process has removed an outlet for “appeal” typically used by foster/adoptive parents initially turned down in their petition for adoption. In addition, the adoption rule for specification of a mother/father family preference has been removed from the stated rules, officially availing single-parent families to foster kids in need of adoption.
The Orlando Sentinel Saturday October 11, 2003
Click HERE for story
 

MICHIGAN: “ADOPTION FIGHT DESCRIBED IN HOUSE”
By Chris Andrews
As a part of a series of hearings related to adoption law in Michigan, the House Family and Children’s Services Committee heard a troubling story involving a cross-county adoption. To address gaps in communication between counties in the case of foster care adoption, the committee is considering suggestions related to adoption petitions. Suggestions included the following: if the child abuse or neglect occurred in a particular county, the adoption petition should be filed in the same county.  Additionally, adoption petitions should be considered by one judge, and participation of child’s court-appointed attorney in adoption hearings should mandatory.
Lansing State Journal Thursday October 16, 2003
Click HERE for story
 

NSW Parliament Extends Adoption Age for Parents Leave
Australia’s New South Wales, one of the six sovereign states within the Commonwealth of Australia, passed a new law allowing leave for parents adopting a child up to the age of eighteen. The former law restricted leave availability to parents adopting a child of five and under. Officials cite the rise of ages of adopted children that induced the need for the changed law.
ABC News, Australia October 18, 2003
Click HERE for story
 

IRISH ADOPTION GROUPS DISCUSS NEW GOVERNMENT LEGISLATION
New legislation proposed in Ireland includes a provision that discourages adopted people from contacting biological parents, with a potential punishment of jail. Discussions on deletion of this provision occur between adoption groups and officials on Friday and Saturday, October 17-18, 2003.
Irish Examiner Friday, October 17, 2003
Click HERE for story

October 15, 2003
 

“NEW TASK FORCE TO MANAGE DCF”  By Susan Haigh
The state of Connecticut, in an attempt to get out from under a long-standing federal court decree relating to its troubled Department of Children and Families, agreed to put the Department under the management of a federal and state joint task force for the next three years.  The agreement, in addition, vests a federal judge with the final authority to settle disagreements on matters that impact abused and neglected children served by the Department.
Newsday.com; Wednesday, October 8, 2003; SECTION: NEWS.
Click HERE for story


“ACLU says gay-adoption ban defunct”  By Brendan Farrington
According to the American Civil Liberties Union, a change in Florida’s adoption policy will bolster its challenge to a law that prohibits adoption of children by homosexuals.  A state attorney has notified the federal appeals court of new policies by the Department of Children & Families that make it easier for single people to adopt children and, in addition, that the department will no longer express a preference for married couples to adopt children. The Department also deleted a rule banning unmarried couples who are "sexually cohabitating" from adopting.
The Tallahassee Democrat; SECTION: LOCAL & STATE.
Click HERE for story


“FOSTER CARE SUIT SETTLED”  By Andrew Barksdale
Officials of Cumberland County's Department of Social Services reported that they have reached a settlement in a lawsuit against the Department by a girl who suffered permanent brain damage while in foster care.  According to a county memo obtained by The Fayetteville Observer, the insurance company for the Department agreed to pay the family of the girl $575,000 to settle the 3-year-old case.
The Fayetteville Observer; Wednesday, October 8, 2003.
Click HERE for story


“ADOPTION CASE LAWSUIT CAN PROCEED; STATE DENIES PREJUDICE AGAINST HIV SUFFERER”
A federal appeals court ruling will permit a Lincoln, Nebraska man to proceed with a lawsuit against the state of Nebraska for blocking an adoption because his wife had the AIDS virus.  Prior to his wife’s death, Jay and GayLynn Brummett fought for years to adopt a child who had been placed with them as a state ward in 1992 when he was three months old.  GayLynn died soon after a 1996 Nebraska Supreme Court ruling that allowed the adoption.  Jay Brummett is now seeking damages from the state for emotional strain suffered because of the case.
WOWT Omaha News; Wednesday, October 8, 2003; SECTION: NEWS.
Click HERE for story


“FAMILIES THAT PROVIDE EXTRA CARE GET LESS”  By Ruth Schubert
Washington State has dropped nearly 200 children, a 19% cut, from its Behavioral Rehabilitative Services, which provides service-intensive care to children in residential programs or in specially trained and equipped foster homes.  The cuts, intended to curb spending that far exceeds the program's budget, have left foster parents struggling to care for their foster kids with less money than before. The cuts have also impacted the budgets of the private agencies that place and provide support services to foster parents and children, resulting in many foster children being left with fewer services.
The Seattle Post-Intelligencer Reporter; Thursday, October 9, 2003; SECTION: LOCAL.
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September 23, 2003

“FOSTER CARE REPORTS 37 DEATHS IN 6 YEARS”  By Dave Ranney
Since Kansas privatized its adoption and foster care systems six years ago, 37 children have died while under the care of foster care contractors.  22 of those 37 deaths were attributed to fragile medical conditions, according to data kept by the Kansas Department of Social and Rehabilitation Services.  How the number of deaths compares with those of states which have not privatized foster services is unknown.  John Poertner, former director of the Children and Family Research Center at the University of Illinois was not alarmed by the figure, which he said was “not out of line…for children overall.”  The 37 deaths were among deaths of all children in the state tracked each year by the state's Child Death Review Board.
The Lawrence Journal-World; Sunday, September 14, 2003; SECTION: STATE/REGIONAL.
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“SINGLES LOOK ABROAD TO ADOPT”  By Rick LaFrombois
Because domestic adoption agencies in the U.S. are more likely to choose dual-parent households for adoptive children, widowers and single people might never become parents if not for the availability of international adoption programs.  The demand for infants is high so singles may be screened out for a domestic adoption.  However, through many international programs, single people may be able to adopt one of thousands of foreign-born children living in orphanages or foster care.
The Wausau Daily Herald; Monday, September 15, 2003; SECTION: LOCAL.
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“ABANDONED BABIES LEFT IN SAFE HAVEN; PROGRAMS SET UP IN 45 STATES”  By Holly Hickman
In Florida, and 44 other states including Arizona, mothers can leave their unharmed babies legally and anonymously at emergency rooms, firehouses, police stations and other similar “safe havens” within about three days of birth.  However, according to recent studies, despite these laws most babies still are illegally abandoned illegally.  The study also cites uncertainty about how the law works in some cases.
The San Diego Union-Tribune; Sunday, September 14, 2003; SECTION: NEWS.
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“OVER 20,000 INTERNATIONAL ADOPTIONS ANNUALLY SPAWN NEW SPECIALTY AREA: PRE- AND POST-ADOPTION COUNSELING”  By Damian McNamara
International adoption is a new specialty area for pediatrics.  In the 1980s, there were only 3 clinics in the United States that dealt with international adoption; now there are more than 25.  Prospective parents often ask a pediatrician to do a risk assessment based on medical records that vary greatly by country and by child; they often are incomplete.  When counseling parents about risk factors, it is helpful to break the medical record down into major and minor concerns, and tell parents what is known and what is not known about the child.
Pediatric News; Friday, August 1, 2003; Volume 37; Issue 8.
Note: This article could not be found on the Internet.

“FLORIDA CASHES IN ON ADOPTIONS; MORE THAN 2,000 STATE FOSTER CHILDREN FOUND PERMANENT HOMES LAST YEAR, BRINGING A BONUS TO CHILD WELFARE DEPARTMENT”  By Carol Marbin Miller
The federal government awarded Florida child welfare administrators a $3.5 million bonus for dramatically increasing the number of children adopted from foster care.  This bonus was the largest awarded among U.S. states.  Officials at the Department of Children & Families, which has come through two hard years following the disappearance of a Miami foster child, hope the award is a sign that one of DCF's most troublesome service areas might be recovering.
The Miami Herald; Wednesday, September 17, 2003; SECTION: B.
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September 30, 2003

“BABY SMUGGLING HAS FLORIDA LINK; A CORAL SPRINGS AGENCY SAYS IT HAS PERMISSION TO OPERATE THERE, A CLAIM THE GOVERNMENT DENIES”  By Marika Lynch and Ashley Fantz
Police made a startling discovery in a Florida home last week when they found a group of Guatemalan infants taken to Costa Rica by a baby-smuggling group.  The children were apparently to be given up for adoption in other nations.  Investigators are looking into a Coral Springs, Florida adoption agency, International Adoption Resources (IRA), for a possible connection to the discovery.  IRA advertises that it assists people in finding children in many foreign countries, including Costa Rica.  Officials in Costa Rica contend that IRA has no authorization to function there.
The Miami Herald; Friday, September 26, 2003; SECTION: A.
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“DON’T LET MYTHS KEEP YOU FROM ADOPTING”  By Andrea Christy-Glover
More than 6000 Arizona children with special needs are searching for a loving family, but there are many things that keep people from considering the option to adopt.  Families worry that they will not have the financial resources, skill or aptitude required to raise a child with special needs. Some people are not aware of what "special needs" actually means.  They abstain from the notion of adoption because they cannot understand their own would-be success as parents.
The Arizona Republic; Wednesday, September 24, 2003; SECTION: SOUTHWEST COMMUNITY, WEDNESDAY’S CHILD.
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“BRUCE WILLIS AND ALI AND LONNIE ALI TO RECEIVE CONGRESSIONAL ANGEL IN ADOPTION AWARDS”
The Congressional Coalition on Adoption Institute (CCAI) will celebrate 165 individuals chosen by members of Congress from around the nation who have made a difference in the lives of children and families through adoption.  Bruce Willis, Muhammad and Lonnie Ali, Victoria Rowell, ABC News Anchor-Tom Jarriel, Senate Majority Leader Bill Frist, Senate Minority Whip Harry Reid, and House Majority Leader Tom DeLay are among the recipients.
U.S. Newswire; Wednesday, September 24, 2003.
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“SHORTAGE OF FOSTER FAMILIES REPORTED; THE STATE’S POOL OF HOMES IS DWINDLING WHILE THE NEED FOR CARE IS INCREASING, A STUDY BY AN ADVOCACY GROUP FOUND”  By Mitch Lipka
According to a report released last week by the advocacy group Association for Children of New Jersey, the pool of foster homes in New Jersey is dwindling while the number of children in need of a place to stay is increasing.  During the last five years, the state has spent more than $7 million on foster-home recruitment and retention, but the number of foster homes available fell 9 percent in the last two years.  The study blamed a combination of factors, including inadequate support for foster families, the poor economy, low compensation, inadequate training, and tough new qualifications.
The Philadelphia Inquirer; Tuesday, September 23, 2003; SECTION: SOUTH JERSEY.
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September 23, 2003

“FOSTER CARE REPORTS 37 DEATHS IN 6 YEARS”  By Dave Ranney
Since Kansas privatized its adoption and foster care systems six years ago, 37 children have died while under the care of foster care contractors.  22 of those 37 deaths were attributed to fragile medical conditions, according to data kept by the Kansas Department of Social and Rehabilitation Services.  How the number of deaths compares with those of states which have not privatized foster services is unknown.  John Poertner, former director of the Children and Family Research Center at the University of Illinois was not alarmed by the figure, which he said was “not out of line…for children overall.”  The 37 deaths were among deaths of all children in the state tracked each year by the state's Child Death Review Board.
The Lawrence Journal-World; Sunday, September 14, 2003; SECTION: STATE/REGIONAL.
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“SINGLES LOOK ABROAD TO ADOPT”  By Rick LaFrombois
Because domestic adoption agencies in the U.S. are more likely to choose dual-parent households for adoptive children, widowers and single people might never become parents if not for the availability of international adoption programs.  The demand for infants is high so singles may be screened out for a domestic adoption.  However, through many international programs, single people may be able to adopt one of thousands of foreign-born children living in orphanages or foster care.
The Wausau Daily Herald; Monday, September 15, 2003; SECTION: LOCAL.
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“ABANDONED BABIES LEFT IN SAFE HAVEN; PROGRAMS SET UP IN 45 STATES”  By Holly Hickman
In Florida, and 44 other states including Arizona, mothers can leave their unharmed babies legally and anonymously at emergency rooms, firehouses, police stations and other similar “safe havens” within about three days of birth.  However, according to recent studies, despite these laws most babies still are illegally abandoned illegally.  The study also cites uncertainty about how the law works in some cases.
The San Diego Union-Tribune; Sunday, September 14, 2003; SECTION: NEWS.
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“OVER 20,000 INTERNATIONAL ADOPTIONS ANNUALLY SPAWN NEW SPECIALTY AREA: PRE- AND POST-ADOPTION COUNSELING”  By Damian McNamara
International adoption is a new specialty area for pediatrics.  In the 1980s, there were only 3 clinics in the United States that dealt with international adoption; now there are more than 25.  Prospective parents often ask a pediatrician to do a risk assessment based on medical records that vary greatly by country and by child; they often are incomplete.  When counseling parents about risk factors, it is helpful to break the medical record down into major and minor concerns, and tell parents what is known and what is not known about the child.
Pediatric News; Friday, August 1, 2003; Volume 37; Issue 8.
Note: This article could not be found on the Internet.

“FLORIDA CASHES IN ON ADOPTIONS; MORE THAN 2,000 STATE FOSTER CHILDREN FOUND PERMANENT HOMES LAST YEAR, BRINGING A BONUS TO CHILD WELFARE DEPARTMENT”  By Carol Marbin Miller
The federal government awarded Florida child welfare administrators a $3.5 million bonus for dramatically increasing the number of children adopted from foster care.  This bonus was the largest awarded among U.S. states.  Officials at the Department of Children & Families, which has come through two hard years following the disappearance of a Miami foster child, hope the award is a sign that one of DCF's most troublesome service areas might be recovering.
The Miami Herald; Wednesday, September 17, 2003; SECTION: B.
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September 16, 2003
 

“FOSTER CARE PROBLEMS MAY LEAD TO RETURN OF SUBSIDIES”
Problems in New Jersey's foster care system may force that state to return more than $6 million in federal subsidies.  Several deficiencies, including lapses in licensing, flawed documentation and failures to make reasonable efforts to establish long-term plans for children's placements, were noted in a federal audit released last week.  However, noted a state official, even if the state must refund the subsidy monies, the funding set aside for reforms at the Division of Youth and Family Services will not be decreased.
Newsday.com; Saturday, September 13, 2003; SECTION: NEWS.
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“NEW APPROACH TO FOSTER CARE; STATE, COUNTY OFFICIALS LOOK TO REDESIGN SYSTEM”  By Jay Howser
State and local child welfare workers are making fundamental changes to California's foster care system, which, although saving many children over the years, has failed many others in its care.  The redesigned system would have as one of its main goals the provision of services to troubled families to keep children from entering foster care in the first place.  State legislation would be necessary to provide adequate funding for the proposed system. Funding also would have to be more flexible than it is at present.  Current funding mechanisms restrict social workers to certain strategies, such as foster placement, rather than more effective services.
The Daily Republic (Fairfield-Suisun, CA); Sunday, September 14, 2003; SECTION: NEWS.
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“ADOPTION LAW REFORMS CONSIDERED”
Scottish laws on adoption and foster parenting are to be reformed for the first time in twenty years.  A review group that has been set up to modernize current legislation will look at various issues including, contact rights for children and how the adoption process can be expedited.  Changes are also intended to avoid discrimination in the adoption process against any couple who can provide a nurturing home.  Under current Scottish law, unmarried couples, either same-sex or heterosexual, can be assessed to adopt a child, but only one of the couple may actually adopt.
BBC News; September 11, 2003; SECTION: UK NEWS.
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“25 STATES TO RECEIVE ADOPTION BONUSES”  By The Associated Press
The U.S. Department of Health and Human Services (“HHS”) has announced that twenty-five states and Puerto Rico will receive $14.9 million in bonuses for increasing the number of adoptions from foster care last year.  In states that will receive bonuses, a total of 3,703 more children were adopted in 2002 than in 2001. These figures marked each state's highest adoption levels in five years, according to HHS, which administers the program under the 1997 Adoption and Safe Families Act.  The bonus for each qualifying state is $4,000 for each child adopted over that state’s previous high during the five-year period. States may also receive a bonus of $2,000 for each additional child with special needs who is adopted.
The Kansas City Star; Friday, September 12, 2003; SECTION: BREAKING NEWS,
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“NEW PRIVACY LAWS MAY BLOCK HEALTH INFORMATION ON ADOPTIVE CHILDREN”  By The Associated Press
Prospective adoptive parents of children in state custody may find it difficult to find health information about these children because of a federal privacy law that went into effect this year.  Prior to the Health Insurance Portability and Accountability Act took effect, some health information was included in some eligible children's biographies on the Tennessee Department of Human Services’ Web site.  Now, however, information about children available for adoption is not released in order to protect children's privacy.  Parents seeking to adopt now must go through training, home study and receive approval to adopt before learning details about a child's health.
The Commercial Appeal (Memphis, TN); Tuesday, September 9, 2003.
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September 10, 2003

“CENSUS FINDS 2.9 PERCENT OF HAWAI’I KEIKI ADOPTED; STATE RANKS SLIGHTLY HIGHER THAN AVERAGE”
A Census Bureau report indicates that nearly one of every 35 children in Hawai'i is adopted.  The report said the 2000 census counted 238,287 children under 18 years of age in Hawai'i. Of those, 6,941 - or 2.9 percent - were adopted, a slightly higher percentage than the national average.
The Honolulu Advertiser; Monday, September 1, 2003; SECTION: HAWAII.
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“Adoption laws need tightening”
the Michigan House Families and Human Services Committee is scheduled to hold a hearing on September 24 on a bill that will ban adoptions by convicted sex offenders, no matter the age of their victims.  The bill was introduced by state Senator Gilda Jacobs after a man who had served 11 years in prison for raping a woman was permitted to adopt and was later charged with raping his 11-year-old adopted daughter.  Current law only prohibits adoptions by persons convicted of criminal sexual conduct involving victims under the age of 18.
The Battle Creek Enquirer; Thursday, September 4, 2003; SECTION: EDITORIAL
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“Counties turning from use of shelters: DISPLACED KIDS BEING SENT TO RELATIVES, FOSTER HOMES”  By Karen de Sá
Counties in California and throughout the country are abandoning large children's shelters in favor of relatives, friends of the family, foster homes and smaller group settings for children removed from their homes.  According to officials, these alternatives are cheaper and allow children to heal more quickly from abuse and parental separation.   A University of North Carolina study published last year reports that monthly costs for group care can be six to 10 times higher than family foster care and that data on outcomes for kids living in institutions showed these kids had poorer educations and higher arrest and substance abuse rates as adults.
The Mercury News; September 11, 2003; SECTION:NEWS
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“DHS may end adoption subsidy”  By Clark Kauffman
Iowa state officials are considering eliminating a subsidy for adoptive parents of minority infants. The Iowa Department of Human Services will hold a series of public hearings on that and other proposals that will reduce state payments to adoptive parents.  Current rules entitle parents of a minority child under the age of 2 to a subsidy of at least $14.28 per day if they adopt a child through the state foster-care system. The subsidy is intended as an incentive for the adoption of minority children, who are at a disadvantage because there are fewer prospective parents willing to adopt them. Race of adoptive parents is not a factor in subsidy eligibility. Under the proposed changes, adoptive parents who have already been approved will continue to receive the subsidy, but it will not be offered in future cases.
The Des Moines Register; September 10, 2003; SECTION:  STATE GOVERNMENT
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“Overrides unlikely on foster care, tort reform” By Aaron Deslatte
Missouri Governor Bob Holden’s veto of a foster care bill that would change evidence standards in child-abuse cases and limit the state’s subpoena powers is not likely to be overridden by state lawmakers. All sides have said they want to work on a compromise, but there has been little in the way of negotiations, according to lawmakers.  Governor's aides say that House Speaker Catherine Hanaway, the Republican sponsor of the foster care reform bill, has been reluctant to make concessions.  Hanaway says she has met with Social Services Department Director Steve Roling on changes under way within the system and is waiting to hear a counter-proposal from Holden's side. Although she has agreed to change the subpoena language and said she is "willing to talk" about another controversial requirement for audio or videotaping interviews with children, she says the higher burden of proof for removing children from their homes needs to remain in the bill.
Springfield News Leader; September 7, 2003
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September 2, 2003
 

“CHILD WELFARE SYSTEM MISSES BENCHMARKS”  By Carmel Perez Snyder

The Oklahoma Department of Human Services child welfare system failed to meet the seven benchmarks set by the U.S. Administration for Children, Youth and Families, according to a federal review.  The state also failed to meet national standards relating to recurrence of abuse, maltreatment in foster care, re-entry into foster care, length of time to achieve adoption and stability of foster-care placements.  If the Oklahoma agency does not improve its efforts to protect children, it could lose as much as $18 million of the federal dollars it receives for child welfare programs.
The Daily Oklahoman; Friday, August 22, 2003; SECTION: NEWS.
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“BABY-SURRENDERING LAW PROMOTED; SAFE HAVEN LETS MOTHERS LEGALLY ABANDON INFANTS”   By Holly Hickman

In the past few weeks, at least three people illegally abandoned their babies in Florida, apparently unaware of that state’s Safe Haven law.  At least 12 infants were abandoned illegally in Texas, five in Louisiana, three in Colorado and four in Illinois as of September 2001, according to a report recently issued by the National Conference of State Legislatures, even though all those states have Safe Haven laws. Between January 2001 and July 2002, 20 babies were safely surrendered in California, but 38 were illegally discarded, and half of them were dead, the report said.
The Tallahassee Democrat; Monday, August 25, 2003; SECTION: B.
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“LAWMAKERS PONDER FOSTER CARE BILL WHILE SYSTEM UNDERGOES CHANGE”  By Paul Sloca

Governor Bob Holden of Missouri vetoed a bill passed by that state’s lawmakers that would attempt to reform the state foster care system.  The legislation, which had wide bipartisan support, was introduced after the Aug. 21, 2002, death of a foster care child.  Holden’s veto was based, among other things, on the bill’s limits on the state's subpoena power in abuse and neglect cases; it’s increase in the standard of proof required to take children into state custody; and its requirement for child testimony to be videotaped.  With the September 10th veto session approaching, some lawmakers hope there will be sufficient support remaining to override the veto, while others hope an agreement may be reached and a new bill formulated during a special legislative session.
The News Tribune (Jefferson City, Missouri); Sunday, August 24, 2003.
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“NEARLY 13 PERCENT OF ADOPTED KIDS ARE FROM OVERSEAS; LARGEST SEGMENT IS FROM KOREA, REPORT SAYS”  By Genaro C. Armas

More than one out of 10 adopted children in the U.S. was born overseas.  The largest number of those children comes from Korea, the Census Bureau stated its first report on adoptions.  The vast majority of adoptions still involve native-born children, although the number of immigrant visas issued by the State Department to orphans coming into the United States for adoption increased from 1990 to 2000 from 7,000 to nearly 18,000.
St. Louis Post-Dispatch; Sunday, August 24, 2003; SECTION: NEWS.
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August 26, 2003
 

“CONTROL OVER CHILD ADOPTION TIGHTENED”

According to an official of Viet Nam’s Ministry of Justice (MOJ), control over child adoption will be tightened further, with more bilateral agreements on adoption to be signed with foreign countries in the future.  The MOJ has formed the International Child Adoption Department, which is charged with the task of exerting stricter controls over adoption activities in local areas.  The department is committed to the simplification of the child adoption process.
VNA; Tuesday, August 19, 2003; SECTION: SOCIO-POLITICS.
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“NAPLES COUPLE SUE DCF OVER ADOPTION OF BOY”  By The Associated Press

A retired couple from North Naples sued the Florida Department of Children & Families, alleging that agency officials did not tell them the 10-year-old boy they adopted had been sexually abused by his relatives and that he was prone to criminal behavior.  The couple’s action against the state includes three counts: fraud, negligence and breach of statutory duty, and asks for damages of up to $200,000.
Sarasota Herald-Tribune; Tuesday, August 19, 2003; SECTION: NEWS.
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“adoption ruling cited as threat to families”   By Cheryl Wetzstein

A recent California Supreme Court ruling upholding "second-parent" adoptions is seen as a victory for homosexual couples, although some groups view it instead as a step toward unraveling traditional family structure.  The California decision "is part of a very important growing recognition that it's in the best interest of children to support and not undermine their family structures," said Lisa Bennett of the Human Rights Campaign, the nation's largest homosexual rights group.  Shannon Minter, legal director of the National Center for Lesbian Rights in San Francisco, believes most state courts are likely to follow California's example and allow second-parent adoptions.
The Washington Times; Monday, August 18, 2003; SECTION: NATIONAL.
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“STATES FAIL NEW TEST OF CHILD CARE SYSTEM”  By Laura Meckler

Not one state so far has passed the rigorous national standards officials of the federal Administration for Children, Youth and Families are reviewing in their effort to measure states’ effectiveness in protecting children from child abuse and finding permanent homes for children who often stay too long in foster care.  Thirty-two states evaluated so far stand to lose millions of dollars in federal support if they fail to remedy the problems within a few years.
The Arizona Republic; Tuesday, August 19, 2003; SECTION: NEWS.
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“CENSUS BUREAU ISSUES FIRST REPORT ON ADOPTION”  By Tracey Kaplan

According to the Census Bureau's first report on the subject of adoption, more than one out of every ten adopted children in the U.S. were born abroad.  The largest number of such children comes from Asia.  The recent study provides the best snapshot of the 1.6 million adopted children who younger than 18, a group that makes up almost one fourth of the nation's estimated adopted population of 6 million. Due, in part, to the stigma that once was attached to adoption, the federal government did not ask residents whether children were adopted until its 2000 census. “ ‘This is genuinely a hallmark,’ said Adam Pertman, author of ‘Adoption Nation’ and head of the Evan B. Donaldson Adoption Institute, a New York-based think tank. ‘You need good research and now we're starting to have it.’”
The Mercury News; Thursday, August 21, 2003; SECTION: NEWS.
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“FOSTER CARE SUIT EXPANDED; JUDGE GRANTS CLASS-ACTION STATUS”   By Steve Visser

A federal judge granted class action status to a lawsuit filed by nine children that alleges Georgia's foster care system illegally allows abused and neglected children to languish in state custody.  The ruling by U.S. District Court Judge Marvin Shoob in Atlanta strengthens the action, which is aimed at forcing an overhaul of the Fulton and DeKalb county divisions of the state Division of Family and Children Services.  The lawsuit was filed by Georgia attorneys and New York-based advocacy group Children's Rights in June 2002 on behalf of the children.
The Atlanta Journal-Constitution; Friday, August 22, 2003; SECTION: NATIONAL.
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August 19, 2003
 

“REPORT: DCF TOO SLOW ON ADOPTIONS”  By Colin Poitras

A federal court monitor reports that hundreds of abused and neglected children in Connecticut are suffering in foster care because the state isn't moving quickly enough in placing them in adoptive homes.  The report specifically noted that it takes an average of four years for finalization of an adoption of a foster child, that it takes an average of 20 months to start the adoption process; and that the number of children who have no prospects for placement continues to be unacceptably high.  These findings were based on the monitor’s review of 155 children's cases between March 31, 2002, and July 1, 2003.
The Hartford Courant; Friday, August 8, 2003; SECTION: MAIN.
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“CRAIG PRAISES DHS FOR EXTENDING A KEY APPLICATION FOR CHINA ADOPTIONS; NEW RULE WILL HELP FAMILIES ADOTING CHILDREN FROM CHINA WHO HAVE BEEN HELD UP DUE TO SARS”

Idaho Senator Larry Craig praised the Department of Homeland Security and the Director of the Bureau of Citizenship and Immigration Services (BCIS) Eduardo Aguirre recently for amending regulations to assist prospective adoptive parents who face processing delays in China due to the recent outbreak of SARS.  The change will vest the BCIS Director with discretionary authority to extend the validity of a key application, which may expire in some cases prior to the parents completing the adoption.
Federal Document Clearing House; Thursday, August 7, 2003.