How to foster a child in oregon

State of Oregon: Foster Care

Can resource parents adopt their foster child?

The goal of foster care is to reunite children with their birth families or extended family members whenever possible. If this is not possible, children may benefit by being adopted by their resource parents with whom they have become attached and built a relationship, but there are many things that factor into this. If you are interested in having a child become part of your family permanently, you are encouraged to pursue adoption directly. You can fill out the Every Child Connect Form and we'll connect you with our partners at ODHS Child Welfare who can share more with you about adoption.

What is the difference between respite care and short-term/shelter care?

Respite care is babysitting. When resource parents go through their certification, they are encouraged to ask friends and family members to be their respite providers. The background check form is requested through a resource family's ODHS certifier, and can be given to any individual interested in providing respite care for them. With respite care, there is no ODHS training and no payment from the agency. It is a resource parent working out childcare needs with a background-checked individual. Respite care can last no longer than 14 days.

Short-term/shelter care requires becoming a certified resource parent and completing 24 hours of Foundations training. ODHS is the one calling and arranging for a child to come to your home and there is a reimbursement that comes with foster care.

How do I become a resource parent?

Visit our How to Become a Resource Parent page to get started.

Is there a limit to how many children I can foster at a time?

Your certifier will determine how many children would be appropriate to place with you based on your own circumstances and preferences. State guidelines allow for up to four children per single parent household, and seven children per two-parent household. So, if you're a single parent with one child of your own, you would only be allowed to accept a maximum of three children in foster care.

What are resource parents paid?

Resource parents are volunteers who receive a monthly check for each child's care expenses. The rate resource parents are reimbursed varies depending on each child's age and level of needs. Children's medical and dental costs are also covered by a state-funded health plan. Learn more on our Payments and Rates page.

Who can be a resource parent?

There is no set standard for being a resource parent. Older adults, single people, or couples with or without children may care for children in foster care. Applicants should possess the ability to exercise sound judgment and demonstrate a responsible, stable and emotionally mature lifestyle. Couples in which both partners work may also be considered for resource parenting.

You can be single, married, or domestic partners
You can live in a house or apartment, but must have room to house a child
You can work inside or outside the home
You must be at least 21 years of age
You must have sufficient income to support your family
You must be able to physically care for a child
You must pass a child abuse and criminal background check

Oregon welcomes and supports all families equally. Families of every race, culture, and ethnicity are needed to help children grow with a strong sense of racial and cultural identity. Applicants are considered regardless of race, ethnicity, gender, religion, or sexual orientation.

What kind of resource parents do these children need?

No two families look alike. They are as diverse as the children needing homes. Each comes with their own different life experiences, levels of education, income, occupations, and lifestyles. Successful families are caring people who are ready to make a commitment to a child, and are open to learning new things.

How long do children stay in foster care?

On average a child will spend 570 days in foster care. It is always difficult to know how long a child may be in foster care--most often the length of time is directly related to their parent's ability to engage in services designed to help them keep their children safe. As a resource parent, you may choose the type of placements you will accept. Some placements may last for a few weeks, months, or even years.

How do these children come into foster care?

Foster children come to the attention of ODHS in a variety of ways. Friends, neighbors, or relatives may report that a family does not appear to be giving adequate care to their children resulting in unsafe conditions. Physicians, nurses, teachers, school administrators, social workers, and resource parents are required by law to report any situations in which children are in need of protection.

Who are the children who need resource parents?

Children living in foster care may be infants, toddlers, preschoolers, grade-school age, or teenagers. They come from any types of backgrounds, cultures and families. They are like other children, each with their own special personality, abilities, interests and potential.

Children enter foster care because of abuse or neglect that made their home unsafe. These children may have higher needs related to their experiences, including the grief and loss of being taken from their families.

There is a high demand for resource parents who can care for sibling groups, ensuring brothers and sisters can stay together. Families that enjoy working with teens and can guide them toward a positive future are also in high demand. Additionally, there is a need for Native American, African American and Latino foster families. In short, there is a need for YOU.

State of Oregon: Foster Care

If you are considering becoming a resource parent, you are in the right place! Becoming a resource parent is a significant decision. Review the steps below to walk through the process of becoming a resource parent and what to expect after certification.

How to Get Started

Step 1: Find out More

ODHS offers in person orientation and other informational sessions to becoming a certified resource parent. Orientation and information sessions are great opportunities to talk with staff and ask questions. If you are interested in first reading more online, feel free to review the Resource Parent Orientation manual. The information in this manual is covered in the in-person resource parent orientation. To find out about your first steps to resource parenting, please connect with our trusted partner, Every Child.

Find out more about foster care and resource parenting in the following videos.

What Is Foster Care?
Bedtime
ReMoved

Still have questions? Request more information by doing one of the following:

Connect with Every Child Oregon to learn more about resource parenting, and to explore whether it may be the right choice for you
Fill out a connect form with Every Child Oregon or call 1-800-331-0503 to get answers to your initial questions, and get connected with a local ODHS office in your county.
Would you like information sent to you? Complete and submit an online inquiry.

Step 2: Make the Decision

Becoming a resource parent will bring big changes to your life. It is essential that every member of your household considers what this journey will mean to them. In thinking through this great decision, here are a list of questions that may help you in your decision making:

Does everyone in our family believe that resource care or adoption is right for us?
Do we have friends or family that will support us in this decision?
Do we practice non-physical forms of discipline?
Do we have adequate space in our home for a child?
Is there an age group or gender that would work best with our family? Would we be open to taking sibling groups?
Are there special needs a child may have that we would not be comfortable taking on

Not sure if you are ready to take the step to be a resource parent? There are other ways you can help!

Even if today you cannot commit to becoming a resource parent or if resource parenting is not for you, there are other ways you can help in your community and to help a child in foster care. Visit "Who can help a child in foster care? You can!"

Step 3: Attend Foundations Training for Caregivers

ODHS offices around Oregon offer a series of classes designed to prepare prospective and current caregivers for parenting children who have experienced abuse or neglect. Foundations training is a 24-hour curriculum. Topics include:

The importance of birth families
Child Development and the impact of abuse
Behavior management
How to apply effective child rearing practices
Discipline vs punishment
Understanding the effects of abuse, neglect and trauma on children
Valuing the child’s heritage

The delivery and offering of trainings varies between different counties -some are offered during the weeknight evenings and others on the weekend. To find the Foundations training that best fits you, complete and submit an online inquiry.

Step 4: Complete an Application

Submitting a completed application to the local ODHS Child Welfare office is the first step in beginning the official journey. A certifier will be assigned to review your application and discuss next steps with you. You will need to complete some paperwork available through your local ODHS office; the assigned certifier will provide these documents to you. You will also be required to provide contact information for at least four references.

Every adult member in your household will need to consent to criminal history and child abuse background checks.

Step 5: Have a SAFE (Structured Analysis Family Evaluation) home study

The SAFE home study is a comprehensive assessment of you and your ability to provide for the health, safety and wellbeing for children who may be placed in your home. A certifier is assigned to do the home study. The process begins a series of interviews, home visits, meeting your children and others who may also live in your home, safety/fire inspections and sometimes medical information from your doctor.
Once a positive home study has been completed, this information is used by staff to determine placement matching between a child and family.

Step 6: Accepting a Child

Once paperwork and background checks are complete and the home study is approved, your certifier will discuss placement of a child(ren) in your home.

Working together with ODHS, you will decide which children best suit your family and home. Before a child comes into your home, you will be given information about the child to help you decide if the placement is right for you.

Step 7: Home Visits from Caseworkers, Certifiers, and Others

After a child is placed in your home, you can except regular home visit contacts with the child’s caseworker. Caseworkers are required to see the children monthly, with being at least every other month in your home. The caseworker will want to spend time separately with the child and with you.

Your certifier is required to be in your home at least every six months or more often depending on specific circumstances.

Both the child’s caseworker and your certifier can assist you in locating services needed by the child, for your family, or by answering questions.

When the child enters your home, there are several required assessments that you need to be aware of:

Within 72 hours an ODHS Child Welfare Contracted Nurse will come to your home to provide a preliminary health assessment of the child. You will be provided with information regarding any treatment recommendations.
Within 20 days of placement, the caseworker will refer the child for a Child and Adolescent Needs and Strength (CANS) Assessment. The CANS screening will occur within 60 days of placement. A CANS screening is a process of integrating information on a child’s needs and strengths for the purposes of case planning, service planning and determining the supervision needs of the child.
Within 30 days of placement, the child must have a complete health assessment with a primary healthcare provider and a dental exam and cleaning. You may be asked by the child’s caseworker to schedule this appointment. Tip Sheet: Required Health Assessments for Children Entering Foster Care
Within 60 days of placement, a child must be seen for a Mental Health Assessment (ages 3+) or Early Intervention Assessment (ages 0-3). The child’s caseworker will make the referral for the appropriate assessment and you may be contacted to schedule the appointment.
If the child is prescribed any medication, you must document the dosage and frequency on a Medication Log. Tip Sheet: Important Information about Giving Foster Child Medication

Others visiting your home: If the child is assigned a Court Appointed Special Advocate (CASA) or attorney, these individuals will make contact with you to discuss the child and may request to meet with you and the child in your home. If the child is referred for specific services, these service providers will also make contact with you and may request to meet with you and the child in your home.

Step 8: Next Steps

All certified resource families are required to complete ongoing training during each two year licensing period. There are several opportunities for continued training and resources – visit our training page for further details or ask your certifier.

People with Russia-America citizenship can become adoptive parents

Russians with dual citizenship can adopt orphans from Russia. As the Ministry of Education of Russia explained to Gazeta.Ru, citizens who have both a Russian and an American passport have the right to apply for the adoption of Russian children. But there is one condition: the adoptive parents must permanently reside in Russia. Those who have a Russian and American passport, but live in the United States, should not count on such an adoption in accordance with the “Dima Yakovlev law”.

Families with dual citizenship, despite bureaucratic obstacles, continue to fight for the possibility of adopting Russian orphans. Being both Russians and Americans by passport, they cannot adopt children from Russia. There is only one reason - the law "On measures of influence on persons involved in violations of fundamental human rights and freedoms, the rights and freedoms of citizens of the Russian Federation", also known as the "Dima Yakovlev law".

Friends or foes

The "Dima Yakovlev Law" prohibits American citizens from adopting Russian children. But as practice shows, the same law also prohibits Russian citizens who at the same time have an American passport from adopting orphans from Russia. This is in conflict with Russian practice: Russians with dual citizenship living in Russia are considered by our authorities primarily as “their own” citizens.

The Russian Ministry of Education and Science demanded clarification from the Supreme Court on the adoption of children by people who have both Russian and American citizenship.

“The Supreme Court of the Russian Federation announced that the legislator has established a ban on the transfer of children who are citizens of the Russian Federation for adoption to US citizens, which does not provide for any exceptions,” the press service of the Ministry of Education and Science explained. — Thus, when citizens submit documents from which it follows that citizens are US citizens and citizens of the Russian Federation permanently residing in the US,

it is not possible to register these citizens as candidates for adoptive parents. ”

However, as follows from the clarifications of the Supreme Court, if a citizen resides permanently in Russia and submits the necessary documents as confirmation, he can apply for the title of a candidate for adoptive parents for a Russian child.

“Only if a citizen submits all the necessary documents on permanent residence in the territory of the Russian Federation and citizenship of the Russian Federation, the adoption procedure can be applied, which is approved by the rules for transferring children for adoption (adoption) and exercising control over their living conditions and upbringing in the families of adoptive parents on the territory of the Russian Federation, ”the answer says.

In fact, the explanations of the Supreme Court do not work. An example of this is the story of a Russian-American family (at their request, Gazeta.Ru does not name names), which has been living in Russia since 2012. Two years ago, they filed an application for the adoption of a nephew to the Novosibirsk Regional Court. The child was left without parents. And his aunt with Russian-American citizenship became his guardian. But the court refused to adopt, citing Art. 4 of federal law No. 272 - the same “law of Dima Yakovlev”. According to the court, in accordance with this law, the transfer of children who are citizens of the Russian Federation for adoption to US citizens is prohibited.

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“I do not agree with the application of the above law to a specific situation,” the woman noted in the cassation complaint. “According to the federal law “On Citizenship of the Russian Federation”, a citizen of the Russian Federation who also has another citizenship is considered by the Russian Federation and state authorities only as a citizen of Russia, with the exception of cases provided for by an international treaty of the Russian Federation or federal law. ”

The Court of Appeal, also appealed by the couple, upheld the court's decision, citing the termination of the US-Russia adoption agreement effective January 1, 2013. And this is also the 4th article of "Dima Yakovlev's law."

Other arguments did not convince the court:

According to the Family Code, adoption by relatives is possible regardless of citizenship and place of residence. For the court, family ties were not a priority.

In the same case, the court did not take into account the fact that the family actually lived in Russia.

The State Duma is not an ally

An opponent of the controversial "Dima Yakovlev's law" State Duma deputy Dmitry Gudkov has been trying for a long time to introduce an amendment that would make it easier for people with dual citizenship to adopt children. However, the State Duma stood up like a wall to protect the law.

“This February, the amendment will again be considered in the State Duma. But unfortunately, I think that the draft will be rejected in the first reading,” Dmitry Gudkov commented. “Actually, it’s all illegal. According to the law on citizenship, a citizen of Russia, regardless of whether he has another citizenship or not, he is considered as a citizen of Russia. Officials refer to the contradiction of "Dima Yakovlev's law." But since such a contradiction appeared, I wanted to eliminate it at the legislative level. Once the initiative has been killed, we will help in manual mode. We will seek a decision from the Supreme Court. Maybe I will even recommend potential adoptive parents to apply to the Constitutional Court, because their constitutional rights have been violated. That is, there are two ways to solve the problem - at the legislative and judicial levels. The Supreme Court may not succeed either. It could be anything. Nothing will surprise me."

The authorities also prevent the adoption of children by another couple who have both Russian and American passports. At one time, they could not find a decent job in Russia and were forced to go abroad - to the United States. Now most of the time they live in America. They come to Moscow several times a year: here they have their own housing, permanent registration. Two years ago, the couple decided to adopt a child from Russia. But instead of the expected consent, she was refused.

“We have our own children. But in addition, we have the opportunity for adoption. We even thought about adopting two children,” the couple told Gazeta.Ru. - Within six months we have been collecting a double package of documents - for Russia and for the United States. In parallel, we negotiated with the Ministry of Education. But they didn't say yes or no. As a result, when we arrived in Russia, the ministry returned the documents with a refusal to us.”

At the end of August 2013, a Russian-American family received a refusal from the Ministry of Education and Science to register them as candidates for adoption. The reason is the dual citizenship of potential adoptive parents. In this case, the officials again cite "Dima Yakovlev's law" as an argument. Although the couple is not only American citizens, but also Russian.

In addition, the agency drew the couple's attention to a letter from the Supreme Court, which reported that the legislator established a non-exceptional ban on the transfer of children who are citizens of Russia for adoption to US citizens.

Legal conflict

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Then, two years ago, acting. Irina Vikhrova, head of the department for the protection of the rights of the child of the office of the Commissioner for Human Rights in the Russian Federation, called the refusal of the ministry illegal.

“The law that banned the adoption of Russian orphans by US citizens does not contain any restrictions on Russian citizens with dual citizenship,” Vikhrova explained.

In fact, the “tacit” restriction still does not allow parents with dual citizenship to even attempt adoption.

In the opinion of the potential adoptive parents themselves, officials want to play it safe by adopting the “Dima Yakovlev law” and its not always lawful use.

“Let's be honest, we are generally against this law,” they expressed their position. We don't idealize America. But for all the time we saw a lot of happy families with Russian children. We imagine with horror what would have happened to them if they had stayed there.”

A year and a half after receiving the refusal, the failed adoptive parents were in shock. For a year and a half, they said, they did nothing. There was an idea to contact the prosecutor's office. But to solve such issues, one would have to live in two countries. For this, the couple does not yet have the time and financial means.

“We are stuck. This, of course, is not good. And, of course, we won’t wait ten years, ”the couple admitted. - If we went to Russia for a long time, then, we are sure, we would beat the thresholds and try to achieve our goal. Perhaps there is an option to solve the problem remotely. You need to consult with lawyers and find out. In general, we hope that the Duma will come to its senses and adopt an amendment allowing Russian-American citizens to adopt Russian children.”

It is obvious that state structures are not able to agree among themselves on how to correctly interpret the “Dima Yakovlev law”, experts are convinced.

“As a result, we have a paradoxical situation when both the Supreme Court and the Ministry of Education and Science refer to a ban in the law, and when it came to the State Duma, the Duma declares that there is no such ban for Russian citizens with a second US citizenship in the law. The losers, as usual, are citizens, and in this case also children who are offered to wait until their adoptive parents prove for years their right to adopt them in courts of all instances, ”said Alexander Solovyov, assistant to deputy Dmitry Gudkov, to Gazeta.ru. -

The absurdity of the situation is that the Duma suggests that these parents seek in court what, according to the same Duma, is not prohibited at all. ”

The “Dima Yakovlev Law” was adopted in December 2012 in response to the “Magnitsky Act”, imposing visa and property sanctions against persons responsible for violating human rights. The list included dozens of Russian officials who were banned from entering the United States.

Since January 1, 2013, Russia has banned US citizens from adopting Russian orphans by the Dima Yakovlev Law.

Disputes over the law and its application continue to this day. The clause about having two citizenships, one of which is American, is ambiguous. As citizens of Russia, such persons are eligible for adoption, but as citizens of the United States, they are not. Therefore, some experts believe that since they are Americans, they have no right to adopt Russian children. Others tend to believe that it is necessary to take into account the nuances - people with dual citizenship are not mentioned in the law.

“I don’t know if I would have stayed alive in my homeland”: Latvia wants to ban adoptions in the USA

Oksana Antonenko
BBC Russian Service, Riga

September 29, 2020

Photo author, Family archive

Photo caption,

Valeria and Elisabeth grew up in different countries. Both are asking Latvian politicians not to ban adoptions abroad

Latvian politicians are discussing a ban on adoptions of children abroad, that is, in the United States. Now it is the only country that accepts Latvian orphans. Children ask not to forbid them to go abroad, politicians respond with calls for patriotism and doubts about the reliability of American adoptive parents.

"I still wonder why I was adopted and my sister wasn't," Elizabeth tells the BBC Russian Service. I live, I have a wonderful husband. And my sister had to fight for everything. "

13 years ago, Lisa was adopted by an American family, she moved to the US, the family helped her go to college and get a degree in psychology. Now Elizabeth is 25, she is married, lives in Texas, is engaged in data analytics. It is more convenient for her to communicate in English.

Her sister Valeria stayed in Latvia, after the orphanage she ended up in a temporary foster family, at the age of 18 she was practically alone without financial support. She tried to establish contact with her biological mother and move to her in Ukraine, but failed.

Returned to Riga, lived with a friend, cleaned the house and looked after the children - in exchange for food and a roof over her head. Valeria is now 22, lives alone and is studying to be a social worker, hoping to receive benefits for good studies and working with children in a kids club.

"We grew up as different people," says Valeria. "Of course, there are more opportunities in the US, including in the field of education, there is a more positive culture, more people, more financial opportunities, you can grow faster."

Both Liza and Valeria recorded video messages to Latvian politicians asking them not to ban the adoption of children abroad. Dozens of "children of the system" recorded the same appeals - some from Latvia, some from the USA.

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Opponents of overseas adoption say that children's opinions should be taken into account, but it's in the child's best interest to grow up where they were born. The ban on foreign adoption is periodically discussed in the country's parliament, however, the matter came to specific legislative amendments only in 2020. Now politicians are proposing to ban adoption abroad until new final rules are adopted.

"I don't think that Latvia is worse than the USA. I think that we have a very good strong country where to live, grow and build a family. I don't think it's better anywhere than here," says BBC Russian Service. Artus Kaimiņš, member of the Latvian Parliament and head of the profile commission on social affairs, “We need to put the laws in order so that these children are not lured with some kind of candy, look, they say, what beautiful palm trees in Los Angeles.”

"A child should have a choice," says Valeriya. She does not regret staying in Latvia, but says that for a "child of the system" the main thing is family. If an orphanage awaits him in Latvia, and new parents, then he should be given the opportunity to leave.0003

"You are abandoned"

Valeria ended up in an orphanage when she was six months old, her sister Liza was four years old. They have a common mother and different fathers. When, as Valeria says, their mother was taken to prison "through no fault of hers", the children were left alone. After prison, my mother went to Ukraine, returned when Valeria was 14, and then disappeared again.

The author of the photo, Family archive

Photo caption,

Valeria got into the “system” at six months, Elisabeth was four years old

“In the orphanage you feel abandoned, you are abandoned. And you always have to stand up for yourself, because older children - because of their own injuries - are constantly trying to offend you, "says Valeria.

Now, as a volunteer, she helps the former "children of the system" find themselves in the adult world. He says that only a few become "respectable people" - there is too much orphanage freedom and too many childhood traumas.

"Children are not taught how to cope with their injuries in order to move on. They do not grow up (...) They want to feel sorry for themselves all the time, they have low self-esteem. This prevents them from achieving something," she says.

Valeria grew up in a so-called temporary family, which is not legally considered a foster family. And at the age of 18, she was literally in an open field and had to provide for herself. Temporary foster families are an alternative to an orphanage or boarding school. In fact, this is a social service that adults provide to children when they take the child to their home, receiving a monthly allowance from the state for this.

Sometimes a child stays in such a family for several months, sometimes for many years. Some families take one child, some - several dozen. Such parents do not have parental rights, all important issues from the health of the child to his education are decided by the local government.

According to Boris Tsilevich, member of the Latvian parliament, a whole lobby of temporary foster families has formed in Latvia over the past few years, many support a ban on foreign adoptions.

"Funding is gradually growing, support for foster families, organizations that are interested in deinstitutionalization (moving children from orphanages to temporary families), for many it has become a professional occupation, which, by the way, is very good," he tells the BBC Russian Service -si.

For one child, the family receives 171 euros per month, for two 222 euros, for three - 274. According to the Ministry of Welfare, 1,367 children live in temporary foster families, all under 11 years old. Another 574 children live more or less permanently in orphanages, and most of them are over 12 years old.

Experts say that the older the child, the less chances he has to find a family - real or temporary. For babies, as a rule, there are queues of local parents who are ready for real adoption. For those who are a little older, temporary foster parents come. But teenagers have very few chances to leave the orphanage.

Mom "someday will return"

"I became independent very quickly. From the first grade I went to school by bus through several districts. I remember that at the age of seven I went to my parents' meeting by myself - because there was no one else , there weren’t enough caregivers in the orphanage to take care of everyone,” recalls Lisa (Elizabeth).

"I remember the last time I saw my biological mother, she said something like 'I'll be back someday'. Dad sometimes visited, and then he just promised to come and didn't, promised to call and didn't call," recalls Liza .

My mother did not return, my grandparents sometimes took me to visit them, but they did not want to take full responsibility.

Several attempts were made to adopt her. It didn’t work out with one family, because it allegedly broke something. “I said that this is not true, but who will believe me,” recalls Lisa. It didn't work out with another foster family because she accidentally hit her brother with her elbow. "They said they don't trust me anymore. Before that, they said they wanted to leave me," says Lisa.

So she stayed in the orphanage until she was 12 years old. From this age, children can travel abroad.

"When I was given the chance, I grabbed it whole. I don't know what would have happened to me if I had stayed in Latvia. I would like to say that I would go to school, but I don't even know if I would I'm alive," says Lisa.

Lisa remembers that she went to the States "in rose-colored glasses": she dreamed of new things, her own room and even her own car. And a new family.

Everything turned out to be much more complicated, because in the USA there are "many problems" and "many homeless people". And in the new family, the relationship turned out to be very difficult. "I was a small adult, very independent. [Adoptive] mother said that I commanded my younger brothers too much, and they "already have a mother." And it was difficult for me to adjust, I was used to taking care of the younger ones and had no idea what it means to be a daughter,” says Lisa.

The problems and disagreements eventually turned out to be so acute that now they do not communicate. But Lisa is still very grateful to her foster parents. “They gave me a chance to get into a good university, I was second in my class. They helped me become the person I became,” she says.

"I once told my sister that if I had stayed in Latvia until I was 18, I would have taken the first bus and never returned. This place is associated with childhood, and it was not the best childhood. A lot of things happened there that still torments me," recalls Lisa.

Nobody needs teenagers

According to Kris Lipšans, Parliamentary Secretary of the Latvian Ministry of Welfare, 161 Latvian children have been adopted abroad over the past two and a half years. In all cases, the host country was the United States.

According to the US Department of State, in 2019, 38 children from Latvia arrived there, in 2018 - 79. Most are boys, almost half are over 12 years old.

Lawyer Kristine Lemantovicha says that it is almost impossible to find a family for teenage boys in Latvia. She has been working with international adoptions for about 14 years and claims that American parents are ready to accept children with addictions and problems with the law.

The author of the photo, Family archive

Photo caption,

Valeriya works with former "children of the system" as a volunteer. She says that few people become "respectable people"

Kristine Lemantovicha recalls that there were a variety of examples in her practice. For example, there was a case when an American family adopted a 17-year-old teenager, who was charged with several administrative cases in Latvia for fighting and drugs. Local government representatives described all this in a letter to a potential foster family. But the Americans still said they wanted to help.

"I asked why they (adoptive parents) need it? They say: why not? I have everything to help this child, I can afford it," says Kristine. "As a rule, these are older people, who are already adult children and who have already faced adoption.

Already in America, shortly before his 18th birthday, that same teenager almost killed a man and received a suspended sentence. He refused to return to Latvia.

Interests of the child: where was born - live there?

“Latvia should not part with its citizens, saying that we cannot provide something, so we are giving it up for adoption. This is contrary to the interests of the child,” Latvian Ombudsman Juris Jansons tells the BBC Russian Service.

According to him, if a child is a citizen of Latvia, then it is Latvia that should take care of the interests of this child. “It is in the best interests of the child to stay with the family in the country of origin,” adds Jansons.

It was he who provoked the parliamentary discussion on the restriction of foreign adoptions and discussed amendments to the law. The result of the debate was a temporary ban on foreign adoption. A permanent law is to be approved and adopted after the development of a new "best-of-the-child" assessment system.

Jansons lists several reasons why restrictions are necessary. First, children who are already in temporary foster families go abroad, which "injures the child's psyche" and is contrary to Latvian laws.

The Latvian Ministry of Welfare does not deny that they are aware of cases when children were returned from temporary families to orphanages in order to subsequently arrange for adoption abroad. True, the representative of the ministry, Krišs Lipšāns, is not sure that this is contrary to the interests of the child.

"What exactly is in the interests of the child? If he wants to live in a full-fledged family, and he does not have such an opportunity in Latvia, then the only option is to go abroad. Then, from his point of view, to be in an orphanage [from where official adoption into USA] is better," Lipshans told the BBC Russian Service.

Opponents of adoption also say that Latvia sends its children abroad too often. "The problem is in the statistics, we are in 13th place in the world among countries that give their children up for adoption," MP Artus Kaimiņš says.

According to the information on the website of the US Department of State, Latvia was indeed in 13th place among 80 donor countries. In the first places are China and Ukraine. And if counted per capita of the donor country, then Latvia would even be in sixth place. But in the global ranking, and not only in the United States, according to the report of the Hague Conference, in 2005-2018 Latvia was not even included in the TOP-20 donor countries. The first lines are occupied by China, Russia and Ethiopia.

Disappear from radar

Another argument against foreign adoptions is that Latvia knows almost nothing about the fate of children taken abroad. The host country must inform the donor country about the child's condition for only the first two years.

"Are we going to assume that if nothing is known about them, then everything is all right with them?" - says Ombudsman Juris Jansons. Neither Jansons nor the Ministry of Welfare have any information about specific violations. However, this does not calm the Latvian opponents of international adoption.

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The State Department insists that the rights of children in the US are protected by law, some Latvian politicians are not reassured by this

Jansons is worried that the US allows re-adoption. This means that the foster family can transfer the adopted child to another foster family. And if by this time the primary adoptive parents do not have to submit reports to the Latvian authorities, then no one in the homeland will know that the child's parents have changed. The US State Department in its report acknowledged that such practices threaten the safety of children.

Finally, the US has not yet ratified the UN Convention on the Rights of the Child. The document was signed back in 1989, and the United States took an active part in its development, but the matter never came to ratification. Latvia is confident that the absence of a convention calls into question the observance of children's rights.

"Is it acceptable that we freely send Latvian citizens to a country that does not recognize the convention, which in turn ensures the best interests of the child - education, free time, development, health. It seems to me that there are few countries that have not ratified this convention ", - says Ombudsman Jansons.

The US Department of State assures that the rights of children in the country are respected. "The legal system in the US protects children at the federal and local levels. The US, like Latvia, has ratified the Hague Convention for the Protection of Children and Cooperation in Intercountry Adoption," the US State Department told the BBC Russian Service. "This guarantees safety, predictability and openness to all parties of intercountry adoption".

Latvia has no political reasons to prohibit Americans from adopting their orphans - there are excellent relations between the countries, which are important for Latvia in the first place in the context of NATO and the financial sector. To spoil them without the reason the Latvian politicians would not begin.

"Latvia is a partner and ally of the US in all aspects of our relationship," the US State Department says.

Photo copyright, EPA

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Latvian military participate in NATO naval exercise Flotex

The State Department respects Latvia's commitment to protecting the interests of the child, but hopes that there will be no temporary or permanent ban on adoption.

"We believe that in cases where adoption at home is not possible, international adoption should be available to children who risk spending their young years in various institutions. Both the child and society are interested in becoming part of a permanent loving family", says the US State Department.

A fundamental dispute with a major ally?

The question of international adoption divided the deputies of the Latvian parliament approximately equally, the votes were also divided in the profile commission, the Ministry of Welfare and the Ministry of Justice had different opinions, and public organizations had different opinions.

"Nationalists want their own 'Dima Yakovlev law', plus there is a lobby for foster families," says MP Boris Tsilevich. "On the other hand, there are also complaints against orphans' courts regarding their decisions to adopt abroad."

Human rights activists see a threat in the "Dima Yakovlev" law

Whatever the outcome of the temporary ban, it will call into question the fate of dozens and even hundreds of orphanage children who hoped to find new families in the United States.