Briefing on Briefing on Joint USCIS/State Adoption Joint - - PowerPoint PPT Presentation

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Briefing on Briefing on Joint USCIS/State Adoption Joint USCIS/State Adoption Site Visit to Ethiopia Site Visit to Ethiopia

April 6, 2011 April 6, 2011

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U.S. Adoption Program in Ethiopia U.S. Adoption Program in Ethiopia

• Joint USCIS/State site visit

Joint USCIS/State site visit

• Taking an analytical approach

Taking an analytical approach

• Procedural observations and guidance

Procedural observations and guidance

• Case information analysis

Case information analysis

• Findings

Findings

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Joint USCIS/DOS Site Visit Joint USCIS/DOS Site Visit

• January 18

January 18 – – 21, 2011 21, 2011

• USCIS International Operations Division, Field

USCIS International Operations Division, Field Operations Division and Field Office Nairobi Operations Division and Field Office Nairobi

• Department of State, Consular Affairs Bureau,

Department of State, Consular Affairs Bureau, Office of Children Office of Children’ ’s Issues and Visa Office s Issues and Visa Office

• Purpose of Trip:

Purpose of Trip:

• To review the Ethiopian adoptions program in

To review the Ethiopian adoptions program in light of growing concerns about its operation light of growing concerns about its operation and oversight. and oversight.

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Joint USCIS/State Site Visit Joint USCIS/State Site Visit

Summary of Findings: Summary of Findings:

• Generally children being adopted from Ethiopia by

Generally children being adopted from Ethiopia by U.S. parents meet the definition of orphan under U.S. U.S. parents meet the definition of orphan under U.S. law and the cases are approved. law and the cases are approved.

• U.S. adoptions processing in Ethiopia can benefit from

U.S. adoptions processing in Ethiopia can benefit from the implementation of a the implementation of a “ “pre pre-

• approval

approval” ” process to process to enable USG screening of cases before enable USG screening of cases before PAPs PAPs have have completed the legal adoption process in Ethiopia. completed the legal adoption process in Ethiopia.

• Various areas of concern identified during the site

Various areas of concern identified during the site visit suggest there may be visit suggest there may be inappropriate activity in inappropriate activity in terms of how children are identified as available for terms of how children are identified as available for adoption. adoption.

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Taking an Analytical Approach Taking an Analytical Approach

• Observations and concerns raised by the

Observations and concerns raised by the international community and the Embassy led to international community and the Embassy led to the site visit. the site visit.

• Procedural observations and case file review

Procedural observations and case file review during the visit led to procedural guidance that during the visit led to procedural guidance that will improve case processing. will improve case processing.

• Analysis of case information gathered at

Analysis of case information gathered at Embassy Addis Ababa will lead to targeted Embassy Addis Ababa will lead to targeted inquiry and follow inquiry and follow-

• up.

up.

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Sequence of Ethiopian Adoption Process Sequence of Ethiopian Adoption Process

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Vulnerabilities in the Ethiopian Adoption Process Vulnerabilities in the Ethiopian Adoption Process

TIME

Child at orphanage and being matched with U.S. PAPs

General lack of proper intake records at orphanages Concern that some ASPs pay orphanages per capita for children matched with U.S. PAPs Anecdotal evidence that certain orphanages enter into coercive contracts with birth parents to prevent them from changing their minds.

Child moved to transition house and Ethiopian adoption ongoing

Lack of consistent ASP due diligence to learn the true facts of the child’s availability Local court documentation of abandonment or relinquishment often inconsistent with other available records Court of First Instance adoption decrees often inconsistent with other evidence

U.S. Adjudication of I-600 and visa application for child

Valid Ethiopian adoption decrees presented with supporting documents containing inconsistencies Court of First Instance reluctant to overturn a case it has already approved Embassy officers have difficulty distinguishing between careless errors in the dossiers and potentially deeper problems involving fraud or misrepresentation

Stage of Process

Vulnerabilities

Child being identified as an

• rphan – either

relinquished or abandoned

Limited evidence or record-keeping about abandonments Anecdotal evidence that ASPs are soliciting children Anecdotal evidence that some local officials and orphanages are working together to identify and place children in orphanages General lack of birth or death records Many biological parents, particularly fathers, whereabouts unknown

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Procedural Guidance Procedural Guidance – – Pre Pre-

• Approval

Approval

• A

A “ “pre pre-

• approval

approval” ” process would allow the USG to process would allow the USG to review and screen appropriately filed Form I review and screen appropriately filed Form I -

• 600

600 petitions and supporting evidence (except for petitions and supporting evidence (except for the adoption decree) before the the adoption decree) before the PAPs PAPs have have completed the Ethiopian adoption process. completed the Ethiopian adoption process.

• A review of the Ethiopian adoption system with

A review of the Ethiopian adoption system with Embassy personnel indicates that a Embassy personnel indicates that a “ “pre pre-

• approval

approval” ” process would be procedurally process would be procedurally possible and likely desirable. This process would possible and likely desirable. This process would allow potentially disqualifying issues to be allow potentially disqualifying issues to be addressed and resolved before the adoption was addressed and resolved before the adoption was full and final under Ethiopian law. full and final under Ethiopian law.

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Procedural Guidance Procedural Guidance

U.S. Embassy Addis Ababa will: U.S. Embassy Addis Ababa will:

• Transfer cases to USCIS Field Office Nairobi that

Transfer cases to USCIS Field Office Nairobi that present with material inconsistencies or present with material inconsistencies or discrepancies; discrepancies;

• Ensure that Privacy Act waivers are on file to

Ensure that Privacy Act waivers are on file to allow Embassy Addis to communicate directly allow Embassy Addis to communicate directly with ASP staff; with ASP staff;

• Shift to the

Shift to the PAPs PAPs and the ASPs the burden of and the ASPs the burden of ensuring cases are carefully and completely ensuring cases are carefully and completely prepared before a petition is filed; prepared before a petition is filed;

• Return to ASPs filings of incomplete cases or

Return to ASPs filings of incomplete cases or cases with errors. cases with errors.

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Case Analysis Case Analysis – – Disclaimers Disclaimers

• The following information is presented based on an

The following information is presented based on an initial review only. initial review only.

• This is not a formal analysis done by a statistician

This is not a formal analysis done by a statistician accounting for statistical relevance and accuracy. accounting for statistical relevance and accuracy.

• We are presenting these rough data points in the

We are presenting these rough data points in the interest of getting the conversation started in a timely interest of getting the conversation started in a timely manner. manner.

• We welcome feedback on the norms and anomalies

We welcome feedback on the norms and anomalies presented. presented.

• This case information gathered by Embassy Addis Ababa

This case information gathered by Embassy Addis Ababa is for internal use only and cannot be released due to is for internal use only and cannot be released due to Privacy Act concerns and INA Privacy Act concerns and INA § § 222(f) rules governing 222(f) rules governing the confidentiality of visa records. the confidentiality of visa records.

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Case Analysis Case Analysis – – Information Information

• Based on some 4,000 cases presented over the

Based on some 4,000 cases presented over the last 21 months last 21 months

• Cases generally include information about:

Cases generally include information about:

• ASP,

ASP,

• Orphanage,

Orphanage,

• Child

Child’ ’s DOB, s DOB,

• I nterview date, and

I nterview date, and

• Who relinquished or if the child was abandoned.

Who relinquished or if the child was abandoned.

• Analysis based on this basic information reveals

Analysis based on this basic information reveals

• verall patterns and trends.
• verall patterns and trends.

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Case Analysis Case Analysis --

• - Baseline

Baseline

• Casework to date shows the majority of

Casework to date shows the majority of Ethiopian children in the U.S. adoption program Ethiopian children in the U.S. adoption program ultimately meet the definition of orphan and are ultimately meet the definition of orphan and are

• approved. This provides a solid foundation of
• approved. This provides a solid foundation of

information about eligible cases to use as a information about eligible cases to use as a baseline. baseline.

• The baseline allows us to identify norms,

The baseline allows us to identify norms, divergences from the norms, and anomalies that divergences from the norms, and anomalies that may need further review. may need further review.

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Information Baseline Information Baseline – – ASPs ASPs

N u m b e r o f C a s e s b y A S P

3 4 6 3 1 7 2 8 8 2 8 5 2 5 2 2 5 2 2 3 2 2 1 2 1 7 2 1 5 1 8 7 1 6 3 1 6 0 1 5 2 1 2 9 1 1 8 1 9 9 5 8 6 7 9 5 8 5 1 3 4 2 3 1 3 1 1 4 5 1 1 5 2 2 5 3 3 5 4 C h i l d r e n ’ s H

• m

e S H

• l

t I n t e r n a t i

• A

m e r i c a W

• r

l d A d

• A

d

• p

t i

• n

A d v

• c

a t e s I n t e r C e l e b r a t e C h i l G l a d n e y C e n t e r f

• r

A d B e t h a n y C h r i s t i a n S e A l l G

• d

’ s C h i l d r e n I n t e r C h r i s t i a n W

• r

l d A d W i d e H

• r

i z

• C

h i l d r e n ’ s H

• p

e I n t e r n H

• p

e A d

• p

t i

• n

A g W A C A C h i l d r e n ’ s H

• u

s e I n t e r n I n t e r n a t i

• n

a l A d

• p

t i I n t e r n a t i

• n

a l A d

• p

t i

• n

A d

• p

t i

• n

A s s

• c

i a t e A d

• p

t i

• n

A v e n D

• v

e A d

• p

t i

• n

B e t t e r F u t u r e A d

• p

t i

• I

l l i e n A d

• p

t i

• n

s W e s t S a n d s A d

• U

n k n

• w

P r i v a t B u c k n e r I n t e r n a t A d

• p

t i

• n

G u i M a i n S t r e e t A d

• p

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Focus of Case Analysis Focus of Case Analysis

Preliminary review of cases grouped by Preliminary review of cases grouped by ASP and by Orphanage to look for ASP and by Orphanage to look for anomalies to help focus further inquiry: anomalies to help focus further inquiry:

• Unusual age distribution of children placed

Unusual age distribution of children placed

• Larger than usual numbers of abandonments

Larger than usual numbers of abandonments

• Larger than usual numbers of relinquishments

Larger than usual numbers of relinquishments by other than parents by other than parents

• One

One-

• to

to-

• one relationships between ASPs and
• ne relationships between ASPs and
• rphanages
• rphanages

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Baseline Age Distribution Baseline Age Distribution

O verall A g e D is tributio n at T im e o f Interv iew

3 3 % 1 8 % 2 2 % 7 % 1 % 1 %

U n d er 1 1-2 2-3 3-4 4-5 O ver 5

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Baseline source pattern: children Baseline source pattern: children abandoned or relinquished by a relative abandoned or relinquished by a relative

M

• the

r 4 5 % F a the r 1 8 % A ba ndo ne d 1 9 % U ncle 6 % G ra ndm

• the

r 3 % A unt 3 % O the r 2 % S iste r 1 % G ra ndfa the r 1 % B ro the r 2 %

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Baseline Age and Source Observations Baseline Age and Source Observations

• Half of the children are over the age of 2

Half of the children are over the age of 2 at time of interview. at time of interview.

• Children over 5 represent nearly a quarter

Children over 5 represent nearly a quarter

• f the caseload.
• f the caseload.
• Mothers relinquish in 45% of cases.

Mothers relinquish in 45% of cases.

• Fathers relinquish in 18% of cases.

Fathers relinquish in 18% of cases.

• 19% of cases are abandonments.

19% of cases are abandonments.

• More distant relatives relinquish in 18% of

More distant relatives relinquish in 18% of cases. cases.

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Age Age-

• related Anomalies

related Anomalies

A g e D istrib u tio n at In terview

3 % 7 % 1 7 % 7 3 %

Hypothetical A

A g e D is trib u tio n a t In terview

52% 9 % 7% 4 % 7 % 21%

Hypothetical B

O ve rall A g e D istrib utio n a t Tim e

• f Inte

rview 3 3 % 1 8 % 2 2 % 7 % 1 % 1 %

U n d er 1 1-2 2-3 3-4 4-5 O ver 5

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Source Anomalies Source Anomalies

A b a n d

• n

e d

• r R

e lin q u is h e d b y

1 6 % 6 % 7 2 % 3 % 3 %

Hypothetical D Hypothetical C

M

• the

r 4 5 % F a the r 1 8 % A ba ndo ne d 1 9 % U ncle 6 % G ra ndm

• the

r 3 % A unt 3 % O the r 2 % S iste r 1 % G ra ndfa the r 1 % B ro the r 2 %

A b a n d

• n

e d

• r R

e lin q u is h e d b y

2 6 % 2 1 % 6 % 1 8 % 5 % 4 % 6 % 7 % 7 %

%

%

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Baseline Observations on One Baseline Observations on One-

• to

to-

• one
• ne

Relationships Relationships

• 12 orphanages with 20 or more placements in

12 orphanages with 20 or more placements in the database placed all of their children with a the database placed all of their children with a single ASP. single ASP.

• 8 of the 20 largest orphanages placing children

8 of the 20 largest orphanages placing children have one have one-

• to

to-

• one relationships with an ASP.
• ne relationships with an ASP.
• 9 ASPs have a one

9 ASPs have a one-

• to

to-

• one relationship with at
• ne relationship with at

least one orphanage that placed 20 or more least one orphanage that placed 20 or more children. children.

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Case Analysis Case Analysis --

• - Findings

Findings

• This level of analysis does not provide

This level of analysis does not provide conclusive evidence of fraud or conclusive evidence of fraud or malfeasance. malfeasance.

• It indicates possible areas for concern and

It indicates possible areas for concern and will help identify fact patterns in need of will help identify fact patterns in need of follow follow-

• up.

up.

• It suggests lines of inquiry that are

It suggests lines of inquiry that are specific to ASPs and orphanages. specific to ASPs and orphanages.

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Case Analysis Case Analysis – – The Goal The Goal

To use a fact To use a fact-

• based, analytical approach to identify

based, analytical approach to identify anomalous fact patterns in the caseload which will: anomalous fact patterns in the caseload which will:

• Lead to further, targeted inquiry which may:

Lead to further, targeted inquiry which may:

• Help the USG to uncover unethical or

Help the USG to uncover unethical or fraudulent practices on the part of specific fraudulent practices on the part of specific actors which would: actors which would:

• Enable the USG to take appropriate actions

Enable the USG to take appropriate actions to prevent harm to adoptive parents and to prevent harm to adoptive parents and children. children.

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Conclusions Conclusions

• USCIS and State support the continuation of the

USCIS and State support the continuation of the intercountry intercountry adoption program in Ethiopia while adoption program in Ethiopia while also seeking to address specific problems and also seeking to address specific problems and concerns. concerns.

• Procedural changes will protect the integrity of

Procedural changes will protect the integrity of the adoption process while providing better the adoption process while providing better safeguards for safeguards for PAPs PAPs and children. and children.

• ASPs need to take more responsibility for

ASPs need to take more responsibility for ensuring due diligence and careful case ensuring due diligence and careful case preparation. preparation.

• The USG will continue to refine the analysis of

The USG will continue to refine the analysis of adoption case information at U.S. Embassy Addis adoption case information at U.S. Embassy Addis Ababa as a tool to help guard against unethical Ababa as a tool to help guard against unethical

• r fraudulent practices.
• r fraudulent practices.

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DISCUSSION DISCUSSION