[sfalone]

I am no longer in process but I got this email this morning from JCICS and I thought it might be helpful for those of you still in process. I continue to pray daily for all the children of Guatemala and for those of you still in process.

Dear future adoptive family,

Every day I hear from at least one family attempting to finish their adoption in Guatemala. Some days I hear from a hand full; many days I hear from a hundred or more. Every day Joint Council and I are reminded of the children in Guatemala waiting to be united with their adoptive family. Every day my heart breaks for the children who wait and the moments that are missed when a family is separated by countries, bureaucracies, and red tape. I can’t imagine how it must feel to be in the middle of a country closure with delay after delay, totally unsure of when the child you so dearly love will come home. I can’t imagine how hopeless you must feel. My heart, and the hearts of all of Joint Council’s staff, are with you.

Joint Council is determined to ensure that all families who have followed the proper procedures set forth by the Guatemalan and U.S. governments have their children home as soon as possible. I wish I could simply snap my fingers and have all of the 44 million orphan children worldwide in loving, safe, and permanent homes. As much as I like to think Joint Council has the power to make this happen, we have as yet been unable to do so. Joint Council, in collaboration with other stakeholders, does have the ability to effect change, such the grandfather clause in the Guatemalan law, thereby allowing over 3000 families to adopt the children they had been referred to. Joint Council also has the ability to influence our government, as shown by the recent USCIS changes to the I-600A process for grandfathered pre-Hague cases, and we do. Some things, however, are beyond our reach.

Joint Council is fully supportive of the families who have contacted us regarding the status of their adoptions in Guatemala. In particular, we are cognizant of the fact that many adoptions remain in-process due to unforeseen delays in the processing of birth certificates. We continue to monitor these developments and unfortunately we have thus far found it beyond our ability and scope to effect a speedier issuance of birth certificates in Guatemala.

Joint Council shares many of your concerns regarding the future of the children who remain in Guatemala without permanent, safe, and loving homes. We find it very difficult to stomach the reports of orphanages rapidly closing due to lack of funds. Where will these children go? Further, we are gravely concerned about reliable reports of children being removed from their foster homes and sent to hogars, because their birthmothers could not be located for an interview with the Central Authority. Joint Council warns families, attorneys in Guatemala, and Adoption Service Professionals to be cautious and aware of recent developments.

Over the last year we have answered hundreds and hundreds of questions from potential adoptive parents of Guatemalan children. Over the last three months the vast majority of the questions center around five key items which were also detailed by many families in a campaign to Joint Council this September. Joint Council feels obliged to answer each one in detail. We apologize that it has taken us some time to develop these answers. We have attempted to secure the most accurate answers possible.

What are the real time frames of RENAP?

It is Joint Council’s understanding that, RENAP’s official stated processing time is 20 workings days. We are aware that processing times have tended to be significantly longer, around 30 to 60 days, with most falling towards the longer end of that range. There continue to be issues which delay the processing of cases. For instance, many civil registries receive the documents, but they must be shipped to the main RENAP office for review before they can be processed. Also, in some cases the final documents are submitted to the civil registry, reviewed, and then returned with the explanation that they have been transferred to RENAP, where they must be processed again.

Guatemalan law does require that any petition or request given to a branch of the Guatemalan government must be completed within 30 days after the official submission. If this does not occur, the individual is authorized to appear before a judge and file an amparo. However, the processing of the amparo remains a lengthy and drawn-out process. Given the lack of transparancy in this process, Joint Council intends to address this issue in more detail with government officials.

When do rights BEGIN for adoptive parents and where is it stated?

Essentially, Potential Adoptive Parents (PAP’s) have no legal rights to a child in Guatemala until the final adoption decree is signed. In the United States, parental rights begin when a foreign adoption decree takes "full effect." Full effect means that adoptive parents and adopted children have the same rights and obligations as they would have if a State court had issued the adoption decree. Most State statues give full effect and recognition to decrees finalized abroad. For more information, please see the Child Welfare Information Gateway’s statement on the subject of parental rights in intercountry adoption: http://www.childwelfare.gov/systemwide/laws_policies/statutes/intercountry.pdf.

Now that many families are caught up in paperwork outside of PGN, where can families call to check the status of their cases, etc.?

Despite the fact that many families are experiencing delays outside of the PGN it is our understanding that inquiries should remain with the PGN, the family’s Adoptive Service Provider, and the respective attorney in Guatemala. Joint Council’s Guatemalan representative recommends that families call the PGN in Guatemala. Following are the relevant contacts for PGN:

Procuraduría General de la Nación
Procuraduría de la Niñez y la Adolescencia:
15 Avenida 9-69 zona 13
Primer Nivel
Código Postal 01013
GUATEMALA
Tel: +502 22483200 ext 221 y 250
Fax: +502 22483200 ext. 216

Lic. Mario Estuardo Gordillo Galindo
Procurador General de la Nación
E-mail: procurador@pgn.gob.gt
Lic. Víctor Hugo Barrios Barahona
Jefe de la Sección de Procuraduría
Licda. Josefina María Arellano Andrino
Jefe de la Procuraduría de la Niñez y la Adolescencia
Procuraduría General de la Nación
E-mail: j_arellano@pgn.gob.gt
What is going to happen to all the children that are taken from orphanages or passed on to other homes?

The Guatemalan government does not have the capacity or funds to care for the children in care in private homes that were basically funded by adoptions. Unfortunately, Joint Council does not know how these children will be cared for. Homes are at capacity and in some cases are closing down because of a lack of funds. Joint Council will be attempting to collect statistical data with the assistance of its member organizations to create estimate of how many children are in need of care in Guatemala. After doing so Joint Council hopes to initiate a campaign to assist the needy children of Guatemala.

What can be done to open up the lines of communication with Guatemalan entities to ensure that children that at least have PGN approval can come home for the holidays this year?

Joint Council continues to advocate for all cases still in-process in Guatemala. However, presenting a deadline for cases to be finished presents many challenges. Opening the lines of communication between the Guatemalan government, US officials, and members of Congress remains crucial to the success of Joint Council’s efforts to bring these cases to a prompt resolution. Recently, a Joint Council delegation briefed Congress on the ongoing problems in Guatemala and requested that a Joint Task Force, consisting of USCIS and DOS officials, as well as members of Congress, be created. Joint Council has also issued a request for an increase in the number of staff at the US Embassy in Guatemala, so that the Department of State can appropriately inform US families of significant developments. These efforts will contribute significantly to the transparency of the adoption process in Guatemala, foster an exchange amongst government agencies, and strengthen and solidify the relationship between the US and Guatemalan governments.

Sincerely,


Anna Rough
Child Advocacy Program Manager
Joint Council on International Children's Services
703-535-8045
117 South St Asaph Street
Alexandria, Virginia
22314

[t-square]

At least it is a step in the right direction!!! many of these points were taken from our last campaign - so they are keeping track and paying attention. We are still working on a resolution, but our voices are still out there and being heard! I am proud of the strong community we have and the continued dedication of past and present adoptive famliies. Group hug!

[purejoy]

My appreciation turned to eye-rolling when I read the contact info that JCICS gave for PGN. Holy outdated, Batman! Barrios? Seriously??? Kind of negates the claim that they are in constant communication and are an informed presence in GT.

Oh, well. At least it's something.

Praying and fighting for all who wait...