> November 5, 2003

U.S. Department of State

CA/OCS/PRI

Adoption Regulations Docket Room, SA-29

2201 C Street, NW

Washington, DC 20521

Ref: Docket No. State/AR-01/98

Dear Colleagues:

International Social Service -- USA Branch applauds the extremely
thorough work that went into the development of proposed rules related
to 22 CFR Parts 96 and 98. We offer the following comments for your
consideration.

**[Background]{.underline}**

The network of over 140 agencies around the world which comprise the
International Social Service federation has been providing intercountry
social work services to children and their families since its founding
in 1924. A wide array of services are provided to more than 25,000
households each year. Adoption services have been a core service
throughout the last eight decades. At the outset, adoption assistance
was provided primarily to extended family members seeking to provide
permanent homes for orphaned relatives across international boundaries.
ISS' approach to intercountry adoption changed dramatically to respond
to the thousands of children orphaned by World War II, the Korean
Conflict, the Vietnam War and more recently to respond to the thousands
of children who await permanent homes in orphanages around the world.
Over the decades we have witnessed the evolution of standards and
practice along with a deepening commitment to protecting the rights of
adoptive children, birth and adoptive parents.

In addition to the adoption services and support that are provided by
national branches within the federation, ISS has been active on the
international stage in advocating for policies and operational
mechanisms to protect the best interests of the child in intercountry
adoption. The views we articulate are offered from the context of our
work within this international system of partners who have enriched our
work over the years with their specific national perspectives. While we
recognize that the United States is by far the largest country of
destination for children adopted internationally, we are aware of the
significant professional expertise that has developed abroad which we
hope will continue to inform the development of adoption policy and
practice at home.

**[Accolades for the Process]{.underline}**

ISS-USA applauds the Department of State for the process it designed and
followed to secure substantive comments from diverse interests.
Beginning with retention of expert consultants via your subcontractor
Acton Burnell through today, the Department has repeatedly demonstrated
its commitment to a transparent process, informed by careful analysis,
expert opinion and best practice. We believe the Department has
succeeded in crafting standards that protect the best interests of
children and their birth and adoptive parents while balancing widely
divergent and seemingly irreconcilable views. We congratulate the
Department for the highly respected and unquestionably qualified team it
assigned to work on the regulations. Their expertise and thoughtful
deliberation is reflected in the quality and thoroughness of the
regulations. The commitment of the Department of State to a transparent
process is confirmed through the multiple opportunities for written and
oral comments.

**[Accolades for the Regulations]{.underline}**

**Subpart B** "Selection Designation and Duties of Accrediting
Entities." We applaud the multiple provisions that have been crafted to
respond to the input provided that address the concerns of smaller
adoption agencies. The design of the accreditation system promotes
professionalization without threatening the survivability of small
agencies. Particularly helpful are the following subsections:

> **Subsection 96.4**, allowing multiple accrediting entities, addresses
> the concerns articulated by adoption agencies that are worried that a
> single accreditation body might favor larger agencies.
>
> **Subsection 96.8 (1)** requiring that the proposed schedule of fees
> reflects appropriate consideration of the relative size and geographic
> location and volume of Convention cases.
>
> **Subsection 96.10** enabling the suspension or cancellation of the
> designation of the accrediting entity if the Secretary concludes that
> it is substantially out of compliance with the Convention, the IAA,
> other applicable laws or the Agreement with the Secretary.
>
> **Subsection 96.19 (a)** establishing a transitional application
> deadline and **Subsection 96.19 (b)** requiring that the acquiring
> entity must use its best efforts to provide a reasonable opportunity
> for an agency or a person that applies by the transitional application
> deadline to complete the accreditation process by the deadline for
> initial accreditation or approval.
>
> **Subsection 96.20 (G)** requiring that the accrediting entity must
> establish and follow uniform application procedures ensures "a level
> playing field."

We heartily endorse **Subpart F** Standards for Convention Accreditation
and Approval, **Sections 96.30** State Licensing, **96.31** Corporation
Structure, **96.32** Internal Structure and Oversight, **96.33** Budget,
Audit, Insurance and Risk Assessment Requirements (except paragraph (e)
as noted below), and **96.34** Compensation, which taken as a whole will
ensure their legitimacy and that agencies are structured, overseen and
supported in a manner that promotes their professionalism, solvency and
capacity to provide high quality adoption services.

We applaud **Subsection 96.35** Suitability of Agencies and Persons to
Provide Adoption Services Consistent with the Convention for upholding
high ethical practices and for articulating that intercountry adoptions
take place in the best interests of children. Further, we believe that
the implementation of the standards will go a long way to prevent the
abduction, exploitation, sale or trafficking of children in Hague
Convention countries. Likewise, we believe **Subsection 96.36**
Prohibition on Child Buying will thwart coercion or inducement of the
birth mother to terminate her parental rights.

**Section 96.37** allows for social service personnel who perform
adoption services (as supervisors or non-supervisory employees) and/or
home studies, to have a range of educational backgrounds. We are pleased
to see this option, as it will enable more agencies/workers in remote
areas to provide these services, despite a potential scarcity of
Master's prepared social workers.

**[Recommendations Regarding Refinements]{.underline}**

The following recommendations are offered to further refine the
regulations:

**Section 96.33 (e)** requires maintenance of sufficient cash reserves
or other financial resources to meet its operating expenses for three
months. We recommend that this be revised to require "maintenance of
sufficient cash reserves or other financial resources to meet its
operating expenses related to intercountry adoption for three months."

**Section 96.38** "Training Requirements for Social Service Personnel."
We recommend adding a provision for training on "ethical considerations
in inter-country adoption" to sections a, b, and c.

**Section 96.42** "Retention, Preservation, and Disclosure of Adoption
Records." We recommend clarifying in paragraph f that the State law that
will be applicable will be that of the State in which the involved
agency or person is physically located.

**Section 96.49** "Provision of Medical and Social Information in
Incoming Cases." We recognize that there are a wide variety of scenarios
that complicate access to complete medical histories, but we applaud the
emphasis that the Department has placed on adoption providers, securing
and providing this information to prospective adoptive parents *to the
fullest extent practical*. During the 2001 public meetings which
informed the development of the proposed regulations, we heard poignant
testimony about the tragedies befalling adoptive families which had no
or limited access to medical information about the adoptive child. The
disclosure of medical information standards contained in the proposed
regulations recognize the essential nature of this information and the
right of the adoptive parents and the adopted person to have access to
health information about the biological family. Access to accurate and
comprehensive information about adoptees' origins is essential.
Scientific advances have made genetic information and health information
a prerequisite to receiving optimal health care.

**Sections 96.53-57** Overall, the provisions for emigrating children
are not as specific as those for immigrating children. The following
recommendations are designed to bring this section in line with rules
for children immigrating into the U.S.

We recommend adding to **96.53 (a)** that the child's background study
should also include a "psychosocial evaluation", as well as
"identifying" family history.

> We recommend adding to **96.53 (c) (5)** that there be pre-placement
> visiting with the adoptive parent(s) as appropriate to the child's age
> and circumstance.
>
> We recommend changing **96.53 (d)** the child's minimum age from 10 to
> 12 years when considering his/her wishes. This recommendation is
> designed to bring the child's age in line with the age generally
> considered by state courts that address custodial matters.
>
> We recommend **96.54 (a) (2)** changing to "at least 60 days after the
> birth of the child or the child's parental rights have been
> terminated, whichever is later." This recommendation is designed to
> avoid a rush to place outside of the country and to allow sufficient
> time to list the child on a state or national exchange and to identify
> prospective adoptive parents in the U.S.
>
> We recommend adding to **96.54 (f)**: "Agencies that facilitate
> adoptions of children in the United States should ensure that the home
> studies on prospective adoptive parents cover the prospective adoptive
> parents' identity, eligibility and suitability to adopt, background,
> family and medical history, social environment, reasons for adoption,
> ability to undertake an inter-country adoption, and the
> characteristics of the children for whom they are qualified to care."
>
> We recommend ensuring that **96.54** contains a reference to the need
> to provide the prospective adoptive parents with a copy of the medical
> record of the child prior to the adoption, along with contact
> information on the physician who performed the assessment." (The
> standard regarding medical records for emigrating children should not
> be less than it is for immigrating adoptees.)
>
> We recommend ensuring that **96.54** contains a requirement for the
> agencies involved in the adoption to include in the contract a
> provision for ensuring that the adoption agency will be informed if
> the adoption is disrupted, and an agreement as to who will arrange and
> pay for the child to return to the US if the Secretary determines this
> is in the best interests of the child following a disrupted adoption.

**Section 96.69** "Filing of complaints against accredited agencies and
approved persons." We recommend that language be added to paragraph b to
allow "interested parties" to report complaints directly to the
Secretary. Agencies such as ours are likely to be aware of problematic
trends in adoption practices related to specific agencies and should
have a source to which to express these concerns.

**[Conclusion]{.underline}**

In closing, we note our appreciation for the open and deliberative
process that the Department has pursued since passage of the
Intercountry Adoption Act in 2000 and the multiple opportunities it has
provided to the public to inform 22 CFR Parts 96 and 98. We appreciate
having the opportunity to submit the above comments.

In addition, we would like to use this opportunity to submit a
recommendation for the Department of State's consideration relative to
additional efforts it might take to advance intercountry adoption
practices.

ISS- USA recommends that the Department of State implement a mechanism
to address the ongoing educational needs of professionals and consumers
involved in international adoption as they seek to meet and fulfill
regulations of the IAA. This Central Authority sponsored training and
educational activity would:

-   Stimulate research in international adoption

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-   Collate and disseminate research on the ongoing development of "best
    practice"

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-   Develop a technical assistance capacity that would promote uniform
    training on areas relevant to disciplines providing adoption
    services included but not limited to social workers, attorneys,
    psychologists serving the adoption community

-   Develop a technical assistance capacity that provides community
    outreach to prospective adoptive parents, birth parents and adoptees
    with the goal of disseminating information regarding Hague
    regulations.

Stimulating the development of the international adoption field would
provide the

foundation for ensuring that adoption service professionals and
consumers remain

highly trained and informed, ultimately further protecting the best
interest of children.

Again, thank you for your consideration.

Sincerely,

Joanne Selinske

Director