The U.S. State Department seems to be looking for ways to improve the process by which adoptive families file complaints against adoption agencies. That could suggest State has concerns that complaints are not being handled well, and that agencies are retaliating against families.
International adoption is a long and complicated process, entangled with a lot of money and bureaucracy. The Hague Convention on Intercountry Adoption was established, at least in part, to reduce illegal practices in adoption. In the U.S., if an agency wants to provide adoptions internationally, and in particular in countries who are signatories to the Hague Convention, the agency needs to be accredited. The only accrediting body is the Council on Accreditation.
From COA’s web page:
As a status, Hague Accreditation or Hague Approval signifies that an agency meets the standards founded in the Convention, the Intercountry Adoption Act, and the Universal Accreditation Act. This status indicates that COA has concluded that the agency or person conducts services in substantial compliance with the standards, and that COA monitors and oversees its performance, but is not a guarantee that services in any specific adoption were or will be provided in full compliance with the standards. (Emphasis mine.)
From COA: “We are honored to work with the U.S. Department of State to make certain that adoption service providers (ASPs) have put in place safeguards to ensure intercountry adoptions take place ethically, in the best interests of children. Since 2006 COA has served as the only national accrediting entity authorized by the U.S. Department of State to provide Hague Accreditation and Approval. Currently COA accredits around 200 adoption service providers.”
When adoptive or prospective adoptive parents have complaints about their ASP, they have some options. They can start, of course, with the agency itself. They can contact the state licensing board. They can contact COA to report concerns about an ASP who is Hague-accredited by COA.
They can also file a complaint with the Hague Convention on Intercountry Adoptions Complaint Registry at the State Department. “The U.S. Department of State is committed to upholding the ethical standards, professional practices, and principles set forth in the Hague Convention on Intercountry Adoption, the Intercountry Adoption Act of 2000 (IAA), and the Federal implementing regulations. The Hague Convention on Intercountry Adoptions Complaint Registry will forward your complaint to the appropriate Accrediting Entity for action, and the Department will monitor complaints about accredited agencies or approved persons after receiving information from you.”
Recently, the State Department has reached out for more specific assistance, it seems, in handling complaints about agencies.
Did you file a complaint with the Council on Accreditation regarding an adoption agency (Adoption Service Provider) between October 2013 and December 2016? If so, the U.S. State Department would like your feedback. If you fall into that timeframe of having filed a complaint with COA, you can fill out their survey here.
I am not sure why State is looking into that particular timeframe. It does include the years when the U.S. Justice Department was investigating the fraud and corruption crimes committed by International Adoption Guides, whose indicted staffers are now awaiting prison sentencing. Many families filed complaints with COA about IAG. It also includes the time when the Democratic Republic of the Congo suspended adoptions and families in the U.S. protested widely, when the Joint Council on International Services closed, when Hana Williams’ adoptive parents were convicted of her death (and whose agency Adoption Advocates suddenly closed due to bankruptcy), when the number of adult international adoptees being deported has increased, and when more adoptive parents have become aware that the stories told to them about their children’s histories (and reasons for needing to be adopted) were false.
The survey itself is fairly straightforward, focusing on the behavior of COA when complaints were filed, how easy it was to file the complaint, how helpful COA was, how long the process took, that sort of thing. Two questions stood out to me: Did the agency retaliate after the complaint was filed? and, Knowing what you now know, would you file a complaint on the Complaint Registry?
Many adoptive parents don’t complain during the process, probably because they are concerned about provoking the people who may provide them with a child. I think it’s important that adoptive parents know that there are options to complain, and, that by complaining, perhaps some change will occur.
In recent decades, I would guess that the number of complaints (justified and unjustified) against adoption agencies has increased, for many reasons: we are an increasingly litigious society overall; adoptive parents who felt since they were paying so much money they could make unrealistic demands and ignore laws/policies that they found unsatisfactory; agency workers cut corners or failed to take the time to complete due diligence in the U.S. and in the countries where they were working; the belief by agency workers that they were doing God’s work and thus could gloss over legal requirements; adoption agency staff in sending countries who were not properly trained or supported by their agency; adoption agencies who lied to their clients (the adoptive parents); and adoption agencies that stopped returning client phone calls, later abruptly closing. There are no doubt more reasons.
In the future, I would not be surprised if adult adopted persons will complain or litigate as a class with the State Department and/or the Council on Accreditation. And imagine if first/birth parents were allowed a role in voicing their treatment before, during, and after an adoptive placement. Imagine a complaint process registry, in their global and local languages, were available that prompted an inquiry into the actions of an agency, accrediting entity, or government.
For now, I hope many people will respond to the State Department survey, and that State will share the results as soon as possible.