Standards of Practice
Revised: April 2006
Glossary:
-
Direct Service
Provider - individual or agency providing education, home study,
and/or post placement services.
-
Placing Agency –
organization that works with sending country institution/individual
that has custody of child, identifies child who is free for adoption
and makes referral to family eligible for placement of such child.
JCICS member agencies
base their practice on the understanding that children need permanent,
loving families in order to reach their full potential, and that
children deprived of this care suffer effects which may last a
lifetime. JCICS agencies believe that when there is no family in the
child’s country able to care for the child permanently and without undue
delay, then international adoption can be an excellent option. JCICS
agencies view international adoption as a child welfare service that
focuses on the best interests of the child.
JCICS member agencies follow a
professional standard of practice that has as its core values integrity,
honesty, transparency, and professional service delivery. JCICS
subscribes to the following tenets:
-
Member agencies annually renew their
commitment to adhere to the JCICS Standards of Practice.
-
Failure to comply with the Standards
may result in disciplinary action taken within the JCICS association
pursuant to the JCICS Grievance Process and Disciplinary Policy.
-
These Standards address what agencies
shall do to adhere to ethical and professional practices.
Professional Conduct
Member agencies will:
-
Be knowledgeable of and adhere to
relevant laws and regulations and policies pertaining to
adoption-related services provided by the member agency.
-
Refrain from posting photos of children
on web sites if prohibited by the sending country. Children shall be
placed on hold only for families who have a valid Home Study. All
efforts shall be made to protect the privacy of listed children.
-
Develop written policies and procedures
that recognize and respect the rights of families and children, such
as response times, support, methods of communication, and payment
practices.
-
Encourage the continuing education and
professional development of agency staff that shall include training
in ethics.
-
Encourage staff participation and
leadership in professional organizations.
-
Provide a written grievance policy to
clients and staff.
-
Maintain records that include case
notes, written information given to families about the agency
policies, procedures, fees, and current projected costs, as well as
characteristics of children eligible for placement.
-
Communicate and attempt to resolve
professional conduct or practice matters in writing with other
agencies or individuals. Should such issues not be resolved in this
way, member agencies use the JCICS Grievance and Disciplinary Policy.
-
Treat all case records as confidential
material. Release of such information shall be done only with informed
written consent of the person whose information will be released (or
the parent or legal guardian of such a person who is unable to provide
informed consent").
Financial
Member Agencies Will:
Provide to all applicants, prior to the acceptance of any fees, 1) a
written schedule of current estimated fees and expenses, 2) a statement
on when and how the fees and expenses must be paid, and 3) an
explanation of the circumstances under which fees or expenses may be
charged, increased, waived, reduced, or refunded. In addition it shall
include a statement when and how fees and expenses must be paid.
Agencies may also wish to include a statement on the costs beyond their
control, including but not limited to immigration fees, travel expenses,
and legal fees for adoption or re-adoption in the US.
Prohibit the use of payments or other material transactions meant to 1)
induce or encourage any parent or relative to place a child for
adoption, 2) induce or encourage any person or entity with jurisdiction
over the child to release a child for adoption, or 3) influence a
decision to place any child with a particular person or entity over
another entity.
Prohibit payments to any international staff or facilitators solely on a
contingency basis (such as a minimum number of placements by
facilitators) in an effort to curb financial incentive or profiteering
as motivation for adoptive placements. Payment for child placement
services shall be based on fee for service model based on the average
estimated amount of time, and other costs related to that placement
and/or other related child welfare services.
Provide an Annual Report or most recent form 990 or 990 EZ to clients
upon request.
Acquire professional liability insurance and/or establish an arbitration
or mediation process.
Education/Preparation/Home
Member Agencies Will:
Provide their clients with complete and current information about
policies and procedures related to the referral and placement of
children and post placement requirements.
Apprise clients in writing of the services and information they provide.
Provide clients with full and accurate information about their programs
before submission of a formal application, including the projected
waiting times, the costs, risks, and uncertainties inherent in
international adoption.
Disclose to clients in writing the nature of their association with 1) a
separate home study/post placement provider (Direct Service Provider),
2) any placement provider the clients might select, or 3) a foreign or
domestic entity placing children in the clients’ selected program.
If acting as the placing agency, be in compliance with US and
International adoption regulations, as well as eligibility requirements
of the clients selected country/program.
Ensure that each new adopting parent receives a minimum of 10 hours of
pre-adoption education (either through the agency or through other
professionals or entities) which goes beyond that provided during the
home study but not including meetings with the agency/social workers in
preparation for the home study. The pre-adoption education will include
the legal, medical, emotional, institution, psychosocial, attachment,
and cultural issues that affect all adoptions.
Thoroughly assess the suitability and eligibility of prospective parents
with the understanding that some clients may not be appropriate for an
international adoption, for a particular international country program,
or for the challenges inherent in the adoption of children with special
needs. Based on this assessment, the home study document shall include a
recommendation as to the nationality, age range, medical condition, and
special circumstances of the child/children to be placed.
Provide accurate
information about adoptive parents to other placement agencies or
entities and to US government officials and the clients’ selected
country/program. Confidentiality practices must be adhered to, and
agreements/releases of information must be signed by the clients as
appropriate.
Placement
We begin with the premise that any international adoption must be in the
best interest of the child. Siblings should be placed together when in
the best interest of all children concerned. When possible, if member
agencies and/or their representatives are involved in the intake of
children, should ensure that qualified staff is available to assess such
cases for family preservation and/or domestic adoption if requested by
the child welfare officials in the country of origin.
Adhere to the adoption rules of sending
countries including the use of publications and the Internet to promote
the placement of children.
Make a good faith effort to work with reputable, ethical organizations
and individuals.
Placing Agencies shall keep abreast of travel advisories or warnings and
changes in the child welfare and international adoption laws that affect
international adoptions. Should such changes occur that impact current
or future international adoptions, the agency will inform their clients
of these changes as expeditiously as possible. In addition, member
agencies should encourage families to visit the State Department
Website, to monitor travel advisories, and to check medical care and
travel safety information.
Provide to prospective adoptive parents all information received to date
and allowed by law pertaining to children eligible for international
adoption including copies of documents in the original language. This
information must be translated into English. Placing agencies should
advise parents that this information and its translation may not be
entirely accurate or complete. Such legally allowed documentation should
include medical, social, legal, and psychological and/or developmental
information.
Allow clients a reasonable period of time to make their decision, and
provide support in whatever decision they make.
Strongly encourage families to seek professional help in evaluating
child referral information, and provide listings of resources, including
medical professionals who specialize in international adoption.
Maintain permanent records of all information received about the
children placed through the agency.
Placing Agency will provide adopting
parents who are making required overseas trips assistance with:
-
receiving the child
-
attending the meetings and hearings to
complete the adoption
-
necessary paperwork to return to the
United States with their child
-
telephone contact numbers of the
nearest US consulate
-
24 hour (or on-call) non-medical
emergency contact telephone number(s)
Ensure that systems are established in the US between Direct Service
Provider and the Placing Agency regarding the fulfillment of post
placement reporting requirements of sending and receiving countries. The
Placing Agency shall inform adoptive parents of such post placement
reporting requirements prior to departure or before the child’s arrival
in the US.
Encourage families to learn about and celebrate their child’s cultural
heritage by providing or referring families to relevant resources.
Provide information about local and national services, educational
opportunities, and support to adoptive families as a part of post
adoption services.
Provide or refer
clients to counseling, respite, or other therapeutic services in the
event of placement issues, potential disruption, or potential
dissolution of the adoption.
Post
Adoption
Member Direct Service Providers and Placing Agencies will designate in
writing which agency will be responsible for providing or arranging post
adoption services. That agency will:
Advise families to obtain a medical
evaluation within 3-4 weeks of arrival as advised by International
Medical Professionals.
Follow up with their clients to ensure
that they have access to information on the laws and regulations of the
foreign country and the United States concerning the finalization
process.
Make an effort to see that the post
placement reporting requirements of the sending and receiving countries
are completed. Placing Agency shall provide written post placement
reports, as allowed by law, in the fulfillment of the agreements made
with foreign countries.
Encourage families to learn and celebrate
their child's cultural heritage by providing or referring families to
resources in this regard.
Provide ongoing post adoption services
and information about local and national services, educational
opportunities and support to adoptive families.
Provide to adoptive parents all
additional documentation about a child given to the placing agency after
the placement, such as additional siblings eligible for adoption,
medical, social, or family history. Attempt to find answers in response
to parents’ questions within a reasonable period of time.
If requested, make a good faith effort to
provide adoptive parents information on any known resources or legal
procedure that may assist them in the search for birth families in a
foreign country.
Maintain
written family crisis intervention procedures with the other agency on
managing family adjustment crises and recommendations for appropriate
professional counseling options.
Should a family not complete the
adoption, and counseling has not succeeded in resolving the crisis, and
the placement is disrupting, the Placing Agency and Direct Service
Provider shall act promptly and in accord with any applicable legal
requirements to 1) remove the child from the pre-adoptive home, 2)
assume custody of the child, and 3) arrange another placement of the
child.
If the adoption has already been
finalized, the Placing Agency shall offer to provide services for the
re-placement of the child.
Interagency Relationships
Member agencies will work collaboratively to share information about
such issues as changes in adoption procedures in the US and abroad,
effective professional practices, new research, community resources, and
opportunities for additional support to child welfare sectors of sending
countries.
The responsibilities of each collaborating agency will be delineated in
a written service agreement that shall include statements on
establishing lines of communication, disclosure of information on
children, notification of the child’s arrival, post placement visit
schedule, expectations for the post placement reports and family crisis
intervention procedures. (See Post Adoption, lines 189-90).
The Placing Agency shall involve the Direct Service Provider
or independent social worker, where allowed by law, in the referral
process. Minimally, they should be informed of the referral and receive
the child referral information at the same time it is sent to the
adoptive parents. Doing so allows the Direct Service Provider both to
counsel the prospective adoptive parents in their decision-making
process and to provide appropriate post placement services.
Member agencies will respect the communication and marketing
boundaries established with each agency’s client relationships. Agencies
shall not actively recruit clients from another agency to their own
adoption programs. The Placing Agency shall provide country specific
information, and the Direct Service Provider shall encourage their
clients to obtain that information directly from the Placing Agency.
Humanitarian Aid
Member Agencies will:
Support overseas child welfare services that make a positive
impact on the welfare of children and families.
Ensure that any humanitarian aid from prospective adoptive
families does not create a conflict of interest or a situation in which
preferential treatment is given to any family, agency, facilitator, or
orphanage.
Encourage Joint Council member agencies to work cooperatively to support
and promote humanitarian aid projects that benefit children and
families.
|