There are many ways to report problems with your agency and
your intercountry adoption in DRC. Complaints can fall into seven general
categories and it would be wise to consider sending complaints to all the
different groups:
1)
The state
licensing body for the agency.
Your agency’s licensing authority is most
likely located in the state where the agency operates. Sometimes, it is not the same states where
the agency operates. The licensing authority
gives your agency the license to
operate. Visit this website to find the
list of state licensing authorities: https://www.childwelfare.gov/pubs/reslist/rl_dsp.cfm?rs_id=15&rate_chno=AZ-0008E Once you find out what state your agency is
licensed in then contact that licensing authority to find out how to register a
complaint with them.
2)
The accrediting
body for the agency.
DOS has authorized COA (Council on
Accreditation) as the accrediting entity for the U.S. This is who gives your agency approval to
operate a program in DRC (or any foreign country). Currently this applies to Hague, as of July 14, 2014, it will apply to all IA. To find out if your agency is accredited
visit this website: http://adoption.state.gov/hague_convention/agency_accreditation/agency_search.php
Is your agency accredited? Then report them here at the Hague Complaint
Registry (HCR)*: http://adoption.state.gov/hague_convention/agency_accreditation/complaints.php
3)
The U.S.
Department of State (DOS)
When you file a complaint with the HCR,
generally the complaint is also shared with DOS, Office of Children’s Issues
(OCI). It is best to provide DOS with a
separate copy as well. ASKCI@state.gov
What if your agency in DRC is Non-Hague or
pre-UAA** (grandfathered case)? You can
send a copy of your complaint to DOS/OCI via ASKCI@state.gov.
4)
The U.S.
Embassy in Kinshasa.
The Kinshasa embassy is the embassy that
approves visas for family adopting from DRC. Providing the Embassy with complaints about a
certain ASP, attorney, children’s home or facilitator will enable the Embassy
to more closely and thoroughly examine cases involving those person/entities
and alert them to possible ethical/legal issues.
Complaints can be mailed directly:
U.S. Embassy Kinshasa/310, Avenue de
Aviateurs/Kinshasa, Gombe/République Démocratique du Congo or
emailed: KinshasaAdoptions@state.gov
5)
U.S.
Department of Justice
If your complaint involves the payments of bribes
(any “expediting fee” or “motivation fee” and sometimes even a “processing fee”
where there is no public document fee required), you may wish to contact the US
Department of Justice in order to file a claim under the Foreign Corrupt
Practices Act (FCPA).
By mail: U.S. Department of Justice/Criminal
Division/Fraud Section/ATTN: FCPA, Coordinator/Bond Building, 4th
Floor/10th and Constitution Ave. NW/Wasthington, DC 20530-0001
By fax: 202-514-7021
By email: FCPA.Fraud@usdoj.gov
6)
The
FBI.
If your complaint involves suspected fraud
on the part of the your Adoption Service Provider (payment of “expedited” fees,
“motivational” fees, “processing” fees where there is no states expected
authorized fee , exorbitant charges for foster care, suspected fraudulent
documents, suspected trafficking or smuggling of children, misrepresentation of program details and viability), please contact
the FBI at 202-324-3000, or online at https://tips.fbi.gov.
7)
Local
Authorities.
If your complaint involves suspected fraud by
your Adoption Service Provider, you may also want to contact local authorites,
such as police departments and Attorney General’s Offices where your agency is
located. You can find contact
information for AG offices here: http://www.naag.org/current-attorneys-general.php
Some final comments:
States license your agency with is your adoption service
provider. And they also license
attorneys. You can find the state
licensing authority for each in your state above and contact them about registering a
complaint.
Complaints against a Hague accredited agency are also filed
via the HCR (Hague Complaint Registry) on the DOS adoptions website (see above)
and then forwarded to COA for investigation.
For adoptions that happen on foreign soil (intercountry adoption), COA
is the Accrediting Entity for DOS for U.S. agencies.
COA itself offers many types of accreditation for various
welfare organizations, including private adoption services agencies. These are different from Hague standards and
only a few Hague Accredited agencies are
also COA accredited. So, if you
agency is Hague Accredited, but not on this list: http://coanet.org/accreditation/who-is-accredited/organization-profiles/
then you only file via the HCR. If an agency IS accredited both by Hague and
by COA (if your agency’s name is on the list above) then you can use the
“Complaints” section on the COA’s website.
With regards to intercountry adoption, COA has very limited
powers. It can investigate alleged
violations of Hague Accreditation Regulations.
If there is no alleged violation, they cannot investigate. (see here for more information: http://regulations.justia.com/ regulations/fedreg/2006/07/18/ E6-11362.html)
*Before you file a
complaint with the HCR (Hague Complaint Registry), you must first register the
complaint with your agency via a formal grievance process UNLESS you have
reason to believe doing so would endanger yourself or a child, in which case you
may bypass, but must state this in your complaint. If it is a 3rd party (i.e. someone
other than a client of the agency), there is no reason to address first with
agency. The agency must respond to the complaint within 30 days. A family can still complain to HCR if the agency does address the APs complaints through the formal grievance policy. Agencies also must provide COA with reports about complaints that way COA can compare the report submitted by the agency. If an AP/PAP has reasonable fear of retribution from their agency because they submitted a complaint they can include that in the complaint and use the HCR (you can do this via email copies as needed).
According to the COA website, normal investigations by COA are completed within 12 months.
High priority cases which get investigated within 6 months include: allegations
of child trafficking or child buying, allegations of imminent danger to a
child, and/or complaints filed by a Federal, State, or local government
official or a Foreign Central Authority or official.
Get specifics from here: coanet.org/programs/hague- accreditation-and-approval/ monitoring-and-oversight/
Questions about their investigation process can be sent here: haguecompliance@coanet. org
Questions about their investigation process can be sent here: haguecompliance@coanet.
**The Universal Accreditation Act (UAA) of 2012 comes into effect on July 14, 2014. This law means that all agencies that work overseas must be Hague accredited or approved. You can find more information about this law here: http://adoption.state.gov/adoption_process/faqs/uaa_2012.php
A huge thank you to Gina Murphy Pollock who helped to write and edit large portions of this post. Thank you, Gina!
A huge thank you to Gina Murphy Pollock who helped to write and edit large portions of this post. Thank you, Gina!
1 comment:
fabulous info. Thanks so much for your hard work in compiling all this! I just found this: http://www.bet.com/news/global/2014/05/28/dozens-of-adopted-congolese-meet-new-parents-in-italy.html
do you know why so many kids were granted exit to italy but all u.s. families are still on hold?
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