CHIFF Is Dead: A Post-Mortem

The Children in Families First (CHIFF) bill emerged in autumn 2013, during the 113th session of the US Congress. Its supporters and sponsors surely saw its chances for success as a no-brainer: Who doesn’t agree that all children deserve families, and especially children in impoverished nations?

The Little Engine That Could unfortunately began wheezing and sputtering in the spring of 2014, and by summer 2014 was ominously quiet. The CHIFF website stopped posting News in June. Their Twitter feed stopped chirping in July. No action was taken on CHIFF by the US Congress, so CHIFF died when the 113th session ended in December 2014.

Thousands of hours must have been devoted to this bill by dozens of staff people, such as those on CHIFF’s Executive Committee, including the Congressional  Coalition on Adoption Institute, Both Ends Burning, the Joint Council on International Children’s Services, and the National Council on Adoption.

In the world of adoption, those are some heavy hitters. What happened?

CHIFF proponents underestimated their opposition. It’s a brave new world in adoption policy these days, comprised of advocates who span a vocal, volatile spectrum.  The spectrum ranges from those who are vehemently anti-adoption to those who support adoption but not the way it’s being done now. The days of adoptive parents and adoption agencies leading the way are gone. Adult adopted persons are increasingly well-organized and, well, loud. Some are politically active. Some are wizards of social media. Some are telling their stories in public, compelling, and evocative ways.

CHIFF advocates failed to include a place for them at the table.

CHIFF proponents also hammered away publicly at the US State Department for various reasons, alienating them or at least, it seems to me, ensuring State’s lack of support for CHIFF. CHIFF also failed to garner the support of established, successful family preservation organizations around the world. Thus, the CHIFF proponents’ claims of working to preserve and reunite families–a big goal for many of us–lacked credibility.

A July Congressional hearing on Africa’s orphans was a chance for CHIFF proponents to insist that an adult adoptee (orphaned as a child) speak. They could have provided testimony from African birth parents on how to help with the orphan crisis. They did not do these things. I wrote about it here: Both Ends Burning and CHIFF: Losing Credibility, Spurning Opportunities.

Those of us on a grassroots level who criticized CHIFF were often dismissed as angry and bitter, as not caring about children, as not wanting to help orphans, and as not truly understanding what CHIFF wanted to do. That dismissal fundamentally led to the demise of CHIFF. CHIFF’s opponents–speaking for myself–do care about children, do want to help orphans, and did understand CHIFF. And many of us spoke out. Maybe we weren’t holding meetings on Capitol Hill, or spending organizational money and time to lobby Congress. Nonetheless, the insulated nature of CHIFF’s proponents plus the failure to include adopted adults and first/birth parents–and hence their concerns and realities–are enormous reasons as to why CHIFF is now dead.

CHIFF, when examined closely (beyond the photos and rhetoric), failed to meet current needs in adoption policy. These were CHIFF’s goals:

“CHIFF calls for the redirection of a modest portion of the $2 billion the United States currently spends on children living abroad toward ensuring that all children grow up in a family. What’s more, it calls for programs funded with US tax dollars to focus on reducing the number of children living without families and increasing the capacity of other governments to better protect their own children…CHIFF would streamline, simplify and consolidate responsibility for all processing of intercountry adoption cases.”

These may well seem reasonable if complicated goals, at least at first blush. But here are current, glaring needs that CHIFF did not include:

* Federal legislation to correct a grievous flaw in citizenship for adoptees. Read more here.

* Federal legislation on “re-homing” of internationally adopted children. Read more here.

* Much needed funding for improved pre-adoption and post-adoption resources, to prevent re-homing, to strengthen families, and to protect children.

* Equitable pre- and post-placement resources, counseling, and information for international first parents. All too often these families receive no support after placement. That is unconscionable.

* Emphasis on family reunification and family preservation. Yes, this was an ostensible part of CHIFF. The fact that the overwhelming percentage of endorsing organizations were adoption agencies undermined that claim.

So much money, time, and energy went into lobbying for CHIFF. Certainly the federal indictment and recent guilty pleas by international adoption agency staff for fraud and bribery didn’t help.

Where do we go from here?

There are rumblings in the adoption community–not just on Capitol Hill or in lobbyists’ offices–about pragmatic, meaningful ways to meet current needs in adoption.

We won’t see anything quite like CHIFF again. We will see ideas and collaborations that acknowledge the realities of adoption and of adopted persons, that are unafraid to address the huge gaps in services to birth and adoptive families, and that are inclusive and open to the voices of all those affected by adoption.

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CHIFF Meeting: Suggestions For Agenda Items

For quite a while, there has been deafening public silence from supporters of the Children in Families First (CHIFF) act. CHIFF is an international child welfare bill that sounds so good and reasonable: of course all children deserve safe, loving families. It is, though, full of flaws, and never gained the momentum that the proponents (mostly adoptive parents and adoption agencies/lawyers) thought it would.

The last piece of “News” on the CHIFF website was in June. Their Facebook site has articles about adoption, but nothing for months about the legislation. Sen. Mary Landrieu, a vocal proponent of adoption-related legislation during her tenure in Congress, lost her recent election, and thus her influence will be gone from Congressional actions. She was the leader on CHIFF, which has a 5% chance of being enacted at this point.

Still, there has likely been much action behind the scenes in Washington, DC. In fact, the CHIFF proponents may be meeting again soon, for all I know. If so, I’d like to make some suggestions for the agenda:

Discussion Items for CHIFF

1–The #flipthescript social media movement during National Adoption Month (November), in which adult adoptees (US and international) have shared their experiences and perspectives. Perhaps all the CHIFF meeting participants will watch the excellent video produced by the talented Bryan Tucker featuring 8 powerful women from the Lost Daughters’ writing collective.

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2–E.J. Graff’s November article “They Steal Babies, Don’t They?” The article focuses on Ethiopian adoptions, includes documents attained through the Freedom of Information Act, and provides cross-referenced lists of adoption agencies’ activities.

3–Dan Rather’s December news show on AXS TV, “Unwanted Children: The Shameful Secret of International Adoption.” Use the password danrather to watch the show here. Ethiopians in the US and around the world, as well as the adoptive parent community, have been hard at work to help the adoptees featured in the show. More information on these efforts is available on the Facebook page “Unwanted In America.”

4–Ethiopian Adoption Connection, a free, powerful, grassroots effort which has been successfully reuniting adoptees around the globe with their Ethiopian original families. Many people have found very different information than what they were told at placement. An important corollary is the increasing amount of adoptee-centric and adoptee-led organizations in many countries, such as KoRoot and GOA’L (for Korean adoptees traveling back to Korea). The Facebook group Ethiopian Adoptees of the Diaspora is another example of the increasing presence and power of adult adoptees, who are increasingly engaged in adoption policy work.

5–The failure of CHIFF as introduced and currently to not include retroactive citizenship for international adoptees. More information is available here.

6–The reality that international adoptions in the future will have/must have some form of openness, and thus adoption practice must include far better and long-ranging services to original families, wherever they are in the world.

7–The reality and divisiveness of racism in the US, and how that affects all families involved with transracial adoption. This is a huge, raw, real, vitally important matter. Huge.

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I’ve been a broken record on these additional concerns regarding CHIFF, which may or may not be current agenda items:

* Much needed funding for improved pre-adoption and post-adoption resources
* Federal level legislation on “re-homing” of internationally adopted children
* Lack of support for CHIFF from the State Department, from international adult adopted persons, from international family preservation organizations, and from international first parents
* Pre- and post-placement resources, support, counseling, and information for international first parents

If indeed CHIFF proponents are meeting soon, let’s hope all the above items are on their agenda. These Discussion Items are big and complicated. Resolving them will require, at a minimum, the transparent inclusion of adoptees and of first/original parents if the legislation is truly going to make viable changes in child welfare. That’s the first, overdue step.

Alleged Child Smuggling Comes to Light in DRC, Amid Hopes of Avoiding “A Media Storm”

An alleged attempt by some Americans to smuggle out children for adoption from the Democratic Republic of Congo (DRC) was featured in news reports there a few days ago. Here in the US, there apparently has been an effort by some adoption advocates to urge silence about that attempt, “to avoid a media storm.”

IMG_4913In Erin Siegal McIntyre‘s article “American Implicated in Congo Child-Smuggling Ring” on Fusion.net, she writes that “The illicit practice of smuggling children across the DRC’s borders has reportedly been going on for years, sources tell Fusion.

“ ‘It’s a word-of-mouth referral system,’ an adoptive parent told Fusion on the condition of anonymity. ‘The [Americans] have the children brought through Lubumbashi instead of Kinshasa. It’s $2,500 for fees and services, and a $750 donation… They do it in groups of four…. there was another trip scheduled for this Sunday, but because of the bust, they’re postponing trips until December.’

“Adoption advocates are concerned that the recent scandal could bring unwanted attention to the cross-border smuggling network. During a private conference call on the morning of Sept. 17, an adoption lobbying group warned adoptive American families to keep their mouths shut and maintain ‘absolute discretion’ about adoptions in the DRC.

According to one adoptive parent on the call, the group’s spokeswoman warned that talking to the press about the situation might trigger a cascade of ‘radioactive’ publicity similar to what happened in 2010, when American Laura Silsby and eight others were caught smuggling 33 children out of Haiti.”

A Harvard Human Rights Journal article, “Owning Laura Silsby’s Shame: How the Haitian Child Trafficking Scheme Embodies the Western Disregard for the Integrity of Poor Families,” is available here.

Adoptions from the Democratic Republic of the Congo (DRC) have been problematic for quite a while. Just under 800 children have been adopted to the US from there since 1999, according to the US State Department. The DRC is not a signatory to the Hague Convention on Intercountry Adoption, and its infrastructure is limited for adoption. I hope that all families who considered adoption from the DRC were fully informed by their adoption agencies about the huge risks inherent in adopting from a country with very limited resources. The DRC’s involvement in trafficking has been cited in many reports and articles, including by the US State Department here.

Last year, according to State, the emigration office of the DRC announced that they would no longer issue exit permits for adoptions approved on or after September 25, 2013. Children could not leave the country without these permits, although they had been legally adopted by US citizens. It is unclear at this point when the DRC government will lift the suspension. Several hundred US families have been affected by the suspension, which was put into effect because of concerns about the fraud and corruption along with the well-being of adopted children.

There has been, for months, a highly publicized, highly vocal campaign by families affected by the DRC decision to suspend granting of exit permits. The campaign has been led by Both Ends Burning, which has been aggressive in its lobbying to get the DRC to change its position and allow the children to leave. BEB may be the adoption lobbying group now urging discretion about the attempt to smuggle children out of the DRC. BEB’s silence now is almost puzzling, not condemning the smuggling or even acknowledging it on their web page.

Many of the affected families communicate and commiserate together, including on Facebook. In McIntyre’s article, she includes a screenshot of a brief conversation from a closed Facebook group, Congo Adoption Families.

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I mention this to underscore the fact that there is no privacy on Facebook, that all posts even in ostensibly closed groups can be photographed and shared on the Internet. This is especially relevant to adoptive parents, and I’ve written about it here. While the Congo Adoption Families post has since been deleted, it now lives on nonetheless. It is a comment that lends credence to families’ being asked to be silent about alleged trafficking. In any event, the notion that news about the alleged child smuggling/trafficking could be kept quiet seems naïve and irresponsible.

If we are ever going to have ethical, transparent adoptions, we must speak up and demand that child trafficking never be accepted, condoned, sanctioned, or ignored.

The notion that child-trafficking should not be spoken about is disturbing. This most recent alleged case from the DRC is chilling to read about. Trafficking is a crime, a horror imposed on children, and not something we should ever be silent about.

 

 

 

Today’s Hearing on Africa’s Orphans: No African Orphans or Adoptees Spoke

I watched today’s live video stream of the House Subcommittee on Africa’s hearing on “The Growing Crisis of Africa’s Orphans.

No adult African adoptees or orphans testified.

The speakers on the first panel were Nancy Lindborg, Assistant Administrator for the US Agency for International Development’s Bureau for Democracy, Conflict, and Humanitarian Assistance, and Robert Jackson of the State Department’s Bureau of African Affairs. Ms. Lindborg emphasized the goals of the Children in Adversity report. She noted the need for strong beginnings for children, in terms of nutrition and emotional support, as well as the importance of putting families first. Extended families are very important in Africa, she said, and those families need to be strengthened. Mr. Jackson discussed the State Department’s efforts in regard to child trafficking, child soldiers, and children orphaned from AIDS. He mentioned the need for ethical, transparent adoptions meeting the goals of the Hague Convention on Intercountry Adoption. At the State Department, the Office of Children’s Issues serves as the Central Authority for the Hague Convention.

The first speaker on the second panel was Kelly Dempsey, the attorney from Both Ends Burning. Rep. Steve Stockman (R-TX) asked her how many times she has been to Africa. She has never been to Africa, she said. She is an adoptive parent, not of a child from Africa but from Vietnam. In her statement and responding to the questions from the Subcommittee Chair Rep. Christopher Smith (R-NJ) and from Rep. Stockman, she spent most of her time strongly criticizing the US State Department for its handling of the adoptions from the Democratic Republic of Congo (DRC). The DRC is not, by the way, a signatory to the Hague Convention. You can learn here about the differences between adoptions from countries that have and have not signed the Convention.

Another speaker was Jovana Jones, who has legal custody of a deaf little girl she and her husband hope to adopt from the DRC, which has suspended adoptions. She spoke of all the work her family has done in preparation for the child’s arrival, and of her concerns for the child’s educational and developmental needs. Rep. Stockman asked if Ms. Jones had been to the DRC, and she said she has not. Rep. Stockman has traveled there, and noted that the DRC is an inherently challenging country, not just for adoption but for travel.

The 2 most compelling speakers to me were Shimwaayi Muntemba who is from Zambia and who co-founded Zambia Orphans of AIDS, and Muluemebet Chekol Hunegnaw, who is  from Ethiopia and is a Senior Director with Save the Children. Both African speakers were powerful in urging that a systemic, holistic, family-based approach be taken to the needs of Africa’s orphans.

Speaking after Ms. Dempsey, Dr. Muntemba mentioned her family members lost to AIDS, and that she raised her sister’s son. She noted that for Africa, adoption is new, and is one opportunity for children. She stressed though that the breakdown of family systems and resources in Africa is where help is much more needed, particularly higher educational opportunities for girls, and greater support for child-headed households (where children as young as 7 are caring for ill parents and grandparents and often younger siblings as well). Greater political will is needed, she suggested, to better meet the needs of the orphans.

Ms. Hunegnaw from Save the Children said that in terms of looking at the magnitude of the crisis of Africa’s orphans, a systemic approach that supports more kinship care, provides resources for families, and considers the holistic needs of the children should be the priority. She urged the Subcommittee to maintain funds for family strengthening programs in Africa and to codify in legislation the goals of the Children in Adversity report.

Both Dr. Muntemba and Ms. Hunegnaw stressed the traditions of kinship care in Africa. While both acknowledged that intercountry adoption could be an option, they emphasized that well-focused resources could lead to better family stability and prevent children from becoming orphans or entering orphanages.

I didn’t hear the other speakers on the panel acknowledge the benefits of resources to improve African family preservation and prevent children from becoming orphans. Ms. Dempsey’s focus was essentially only the State Department, which she called a failure and an obstacle.

Two bits of news:

Rep. Stockman said the president of the DRC will be coming to the US in a couple of weeks, and Reps. Stockman and Smith are planning to meet with him and share the concerns from today’s hearing.

There will be a Part 2 to this hearing. Rep. Smith made a point to say that Ambassador Susan Jacobs (or her designee) would be invited. (Apparently she had been invited to this hearing.) He said nothing about inviting adult African adoptees or orphans.

You can watch the entire hearing, which lasted about 2 hours, by clicking here.

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Congressional Hearing on Africa’s Orphans: Who Is Speaking For Them?

Who is speaking at an upcoming Congressional hearing on the “Growing Crisis of Africa’s Orphans”?

Not any African orphans.

Instead, Kelly (Ensslin) Dempsey, an attorney and adoptive parent, will be speaking. She’s the General Counsel and Director of Outreach and Advocacy for Both Ends Burning. BEB founder and adoptive parent Craig Juntunen has often been quoted about his goal for the organization: A Culture of Adoption.

Like Dempsey and Juntunen, I’m an adoptive parent. I believe in adoption, if done with transparency and integrity. I argue that we need to give much more room to the voices of adopted persons and first/birth parents, especially in international adoption where economic inequity is a prime reason for parents to place their children in orphanages. I’d like to see a Culture of Family Preservation.

Also scheduled to speak at the hearing is Shimwaayi Muntemba, Ph.D., a co-founder of Zambia Orphans. I applaud their work, which focuses on education and job training for children who have been orphaned due to AIDS.

My concerns about the hearing are these:

1. How disappointing that the hearing includes no speakers with genuine experience of being orphans from Africa. Why exclude their valuable voices?

One reason could be that inviting them simply did not occur to the hearing’s organizers. Another could be that many African adoptees have turned out not to be orphans. Another reason could be that (too many) African adoptees have been re-homed, or are living outside of the families who brought them to the US as forever families. Another reason could be that many adult adoptees are speaking for family preservation in their country of origin, rather than for adoption. Whatever the reason, adult African adoptees/orphans should have had a place at this table.

I am not suggesting that minor children who are orphans be exploited in any way, or that a child should be a speaker at this hearing. Orphans, like adopted children, grow up. As adults, their experience as orphans deserves our attention, and we should welcome their perspective when crafting public policy.

2. How disappointing that the hearing does not include African family members caring for children (who may or may not be genuine orphans), who can speak out about what they genuinely need.

I recognize and respect the fact that Dr. Muntemba, a Zambian, will speak. Rural, poor Africans who have lost family members to AIDS (or to adoption) also deserve an actual place at this table.

Both Ends Burning is a huge proponent of the Children in Families First (CHIFF) legislation, a bill surrounded by controversy. One of the many concerns is the failure of CHIFF to include adult adoptees and original family members (birth family) in crafting the legislation, which is backed almost exclusively by adoption agencies, adoptive parents, and adoption attorneys.

The exclusion of the voices of adoptees and of first families is unfortunately echoed, yet again, in this hearing.

3. How disappointing that the hearing fails to include family-oriented organizations such as Bring Love In and Selamta Be at Peace from Ethiopia, both of which work to create families in AIDS-ravaged communities and keep children from entering orphanages. Reeds of Hope in the Democratic Republic of Congo works to educate and feed vulnerable children, and to provide sponsorships to help children stay with their families.

The hearing also does not include Alternative Care Uganda, which is doing ground-breaking work to preserve families in a transparent way.  A quote from them: “The over emphasis and often misrepresentation of ‘orphans’ distracts attention, resources and programmes away from other vulnerabilities and what is really necessary to improve the wellbeing and livelihoods of Ugandan families and communities including vulnerable children.” Read more here.

These are only a few of many wonderful organizations doing amazing family work in Africa; no hearing could possibly have them all speak. My point, though, is that these organizations have proven how right and possible it is to create families from widows and orphans, to keep children (many of whom are not actual orphans) out of orphanages, and to preserve and reunify families after a parent or parents have died, working with extended family and community members.

Instead of continuing to exclude them, let’s invite and listen carefully to the voices of African orphans, of African adult adoptees, and of African birth/first families.

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The House Foreign Affairs Committee’s Subcommittee on Africa, Global Health, Global Human Rights,and International Organizations hearing on “The Growing Crisis of Africa’s Orphans” is scheduled for July 16. The announcement is here. You can email the Chairman, Rep. Ed Royce (R-CA), here