The good news is that the CNA is up an running.
The bad news is that it is understaffed; only 5 taking applications.
The good news is the acceptance of registration paperwork.
The bad news is that it took all day on Friday to accept paperwork from only 5 out of the 80 attorneys standing in line.
The good news is that the CNA is working through the weekend,
The bad news is the deadline to accept files is Tuesday, February 12th.
Our prayer is that either the deadline would be extended to accommodate the remainder of cases needed to register in the spirit of the law or that these cases would all some way be registered by the deadline.
Saturday, February 9, 2008
Friday, February 8, 2008
Today's Prensa Libre - CNA announcement
The National Council of Adoptions informs:
To the notaries who have submitted their files of petition of adoptions before December 31st. 2007, they must register them at the offices of the National Council of Adoptions, temporarily located at the Secretaria de Bienestar Social de la Presidencia, on 32 street 9-34 zone 11, Colonia Las Charcas until Tuesday February 12th., 2008, inclusive. Will be open during the weekend in an schedule from 9 in the morning to 16 hours.
To the notaries who submitted their files to the members of the former Council, they must present their copy at the offices of the Secretaria de Bienstar social during the before mentioned schedule so they can get assigned a registration number.
Attentively,
National Council of Adoptions, Guatemala, February 8th., 2008.
The public relations person of the Supreme Court told the media that regarding the amparo filed by the lawyers, the suspension of the obligation to fill out a four pages form was not granted, which means that they will keep requiring all the information about the child, the birthmother and the adoptive parents, a picture of the child and his prints of hands and feet. That also means that the new members of the CAN cannot argue later that because the former members were already fired when they authorized the form, did not have the right to establish such registration form. The Amparo court has validated the four page form and by filing the registration form at the new location or presenting the copy of the registration, each case will be given a registration number that will prove to the PGN that the case has already been registered.
UPDATE ABOUT THE CNA
From ADA.
February 07, 2008
Even though the directors appointed by Colom were sworn yesterday and expressed their intentions to finish the registration process of all the adoptions started before the Adoptions Law became effective on December 31st., 2007, they did not show up today at the offices of the CNA. A group of lawyers met with the only director that thus far has not been removed, Rudy Soto, appointed by the Supreme Court of Justice. He told them that the directors Marilys Barrientos de Estrada and Elizabeth Hernandez de Larios have not communicated with him, and that there is no money on sight to pay for the expenses of the CNA.
The radio news programs announced today that the amparo filed by the lawyers against the registration form and the unnecessary investigation as a condition to issue the constancia was granted, but there has not been any official communication from the Amparo Court. We expect to get it tomorrow. The amparo is based on the unreasonable information that the CNA demands to register the cases, which can be used to delay the registration of the cases, arguing that such information needs to be verified. It is also illegal, because the law says "All notarial and judicial adoption cases that are still in process when the present law becomes effective, must be registered before the Central Authority, within thirty days for the registration of the cases, so they will continue being processed according to the law effective when they were started. The cases that are not registered within that time, will be resolved according to the procdure established in this law" It does not mention the right to demand information private and confidential, and to have to verify it before issuing the constancia that the case has been registered.
The PGN is set in not accepting since January 2nd., neither new cases nor resubmission of cases with previos, arguing that to do so, the constancia of registration is needed, and that it has to be signed by the three directors. Since the three directors are not working together and there is no way that they CNA can investigate the information provided, the stand still may last for a long time. That is why the amparo is needed, to put a stop to those unjustified delays, to make the CNA stop complicating the registration process and the PGN to admit for review all the cases that have been registered, without making up rules like the need of constancia signed by three directors, when a simple copy of the registration form with the receipt seal stamped by the CNA would be more than enough.
February 07, 2008
Even though the directors appointed by Colom were sworn yesterday and expressed their intentions to finish the registration process of all the adoptions started before the Adoptions Law became effective on December 31st., 2007, they did not show up today at the offices of the CNA. A group of lawyers met with the only director that thus far has not been removed, Rudy Soto, appointed by the Supreme Court of Justice. He told them that the directors Marilys Barrientos de Estrada and Elizabeth Hernandez de Larios have not communicated with him, and that there is no money on sight to pay for the expenses of the CNA.
The radio news programs announced today that the amparo filed by the lawyers against the registration form and the unnecessary investigation as a condition to issue the constancia was granted, but there has not been any official communication from the Amparo Court. We expect to get it tomorrow. The amparo is based on the unreasonable information that the CNA demands to register the cases, which can be used to delay the registration of the cases, arguing that such information needs to be verified. It is also illegal, because the law says "All notarial and judicial adoption cases that are still in process when the present law becomes effective, must be registered before the Central Authority, within thirty days for the registration of the cases, so they will continue being processed according to the law effective when they were started. The cases that are not registered within that time, will be resolved according to the procdure established in this law" It does not mention the right to demand information private and confidential, and to have to verify it before issuing the constancia that the case has been registered.
The PGN is set in not accepting since January 2nd., neither new cases nor resubmission of cases with previos, arguing that to do so, the constancia of registration is needed, and that it has to be signed by the three directors. Since the three directors are not working together and there is no way that they CNA can investigate the information provided, the stand still may last for a long time. That is why the amparo is needed, to put a stop to those unjustified delays, to make the CNA stop complicating the registration process and the PGN to admit for review all the cases that have been registered, without making up rules like the need of constancia signed by three directors, when a simple copy of the registration form with the receipt seal stamped by the CNA would be more than enough.
Thursday, February 7, 2008
New Members of the CNA Sworn In
Link: http://www.prensaescrita.com/diarios.php?codigo=&pagina=http://www.prensalibre.com
The new authorities of the National Council for Adoptions (CNA) took possession of their office yesterday after the four appointed by the previous government resigned.
Alfredo Trinidad, Vice Chancellor and Aura Azucena Bolaños, alternate. Both represent Foreign Affairs.
Zuly de Uclés, of the Social Welfare Department of the Presidency, Sonia Elizabeth Hernandez of Larios as the head of the delegation, is the wife of Gabriel Larios Ochaita, secretary general of the presidency, and Norma Elizabeth Robles, alternate.
It was stated that the priorities of this new council is to finish summarizing the 2350 cases from 2007, in order to extend a record (constancia) to notaries (attorneys representing the families and children) as they serve as a basis for further processing records in the PGN, prior to the deadline of November 12.
This is good news as the registration of in-process cases may proceed and the release of funds from the current administration to run the office will be released. We are making progress.
The new authorities of the National Council for Adoptions (CNA) took possession of their office yesterday after the four appointed by the previous government resigned.
Alfredo Trinidad, Vice Chancellor and Aura Azucena Bolaños, alternate. Both represent Foreign Affairs.
Zuly de Uclés, of the Social Welfare Department of the Presidency, Sonia Elizabeth Hernandez of Larios as the head of the delegation, is the wife of Gabriel Larios Ochaita, secretary general of the presidency, and Norma Elizabeth Robles, alternate.
It was stated that the priorities of this new council is to finish summarizing the 2350 cases from 2007, in order to extend a record (constancia) to notaries (attorneys representing the families and children) as they serve as a basis for further processing records in the PGN, prior to the deadline of November 12.
This is good news as the registration of in-process cases may proceed and the release of funds from the current administration to run the office will be released. We are making progress.
Wednesday, February 6, 2008
A Very Accurate Picture!
Take a moment to read the article below. It paints a very good picture the Guatemalan adoption scene.
http://www.townhall.com/Columnists/JohnStossel/2008/02/06/usa_makes_adoption_harder
http://www.townhall.com/Columnists/JohnStossel/2008/02/06/usa_makes_adoption_harder
Tuesday, February 5, 2008
Best News in a While
Anabela Morfin and Marvin Rabanales resigned to the CNA, according to what they stated in a press conference held this afternoon. Hilda Trujillo, who was appointed as stand in for the director appointed by the Supreme Court also resigned out of loyalty to Morfin and Rabanales. Their resignation clears the path to the Colom appointed directors, Marilys Barrients de Estrada and Elizabeth Hernandez de Larios, to start working and therefore, the money required for the implementation of the CNA will be released.
Friday, February 1, 2008
From Our In-Country Facilitator
Our Facilitator encouraged us with the statement below tonight. Please pray for these wee ones yet to come home.
"This very moment, I can only share what it out there: in the last 24 hours again, the rumor and half truths are running wild; “Ethica” organization announced that there are TWO CA’s and recommended that everyone be registered in both. WHAT? No connection to anything that we know to be true or actual involved in that post at all…….then, today, Joint Council decides to post that “no CA registrations are being accepted”(well, none have been anyway as of Jan 28th so what is this shred of information mean now? (and they love to do this on Friday evening and then “hide out” until Monday)…….just everybody rock back, of course I will let you know the second I have anything that is actually confirmed accurate and from IN THE COUNTRY(not through any blog or organization).
As usual, Guatadopt has the best “balance” and I want to remind everyone to not just skip every third word( Guateadopt uses words like “Supposedly” “Maybe” “Don't hold your breath, but keep your fingers crossed” “we don’t know” “rumor”……again, we are assured that the children WILL COME HOME. If for a second you believe that the 3700 children that HAVE FAMILIES are going to be kept in a country that already has children being left to die because the law they passed does not provide for them ……….I have full faith that eventually, no matter what legal authorities have to become involved, they will do so, in support of these specific children getting to the US and into the arms of their US parents…..and then, perhaps…….even those without hope will be safe also….."
"This very moment, I can only share what it out there: in the last 24 hours again, the rumor and half truths are running wild; “Ethica” organization announced that there are TWO CA’s and recommended that everyone be registered in both. WHAT? No connection to anything that we know to be true or actual involved in that post at all…….then, today, Joint Council decides to post that “no CA registrations are being accepted”(well, none have been anyway as of Jan 28th so what is this shred of information mean now? (and they love to do this on Friday evening and then “hide out” until Monday)…….just everybody rock back, of course I will let you know the second I have anything that is actually confirmed accurate and from IN THE COUNTRY(not through any blog or organization).
As usual, Guatadopt has the best “balance” and I want to remind everyone to not just skip every third word( Guateadopt uses words like “Supposedly” “Maybe” “Don't hold your breath, but keep your fingers crossed” “we don’t know” “rumor”……again, we are assured that the children WILL COME HOME. If for a second you believe that the 3700 children that HAVE FAMILIES are going to be kept in a country that already has children being left to die because the law they passed does not provide for them ……….I have full faith that eventually, no matter what legal authorities have to become involved, they will do so, in support of these specific children getting to the US and into the arms of their US parents…..and then, perhaps…….even those without hope will be safe also….."
JCICS Statement
February 1, 2008
Joint Council can confirm that the Central Authority in Guatemala has recently stopped accepting registrations of in-process adoptions. Joint Council has already petitioned U.S. Department of State consular offices in Guatemala City and in Washington, D.C. for their immediate and direct advocacy to address the current suspension by the Central Authority. Additionally, Joint Council staff have already addressed the suspension with officials from several U.S. congressional offices as well as the Congressional Coalition on Adoption Institute.
Joint Council remains in frequent dialogue with representatives of the Guatemalan government and will post additional information as it becomes available.
Thursday, January 31, 2008
Today From Ethica's Website
2008-01-31
Important Information on Registration of In-process cases in GuatemalaEthica has confirmed information that there are two Central Authority offices operating, and it is unclear which one will be determined to be the official Central Authority. Therefore, at this time it is recommended that families register their in-process cases with both offices to ensure that their cases are timely registered with whichever office becomes the official Central Authority.
Tuesday, January 29, 2008
New From the DOS
Guatemala: Registering In-Process Cases with the National Adoption Council
January 2008
The adoption law passed by Guatemala’s Congress on December 11, 2007, permits notarial adoption cases initiated before its effective date of December 31, 2007, to be completed under the old notarial process, provided those cases are registered with the National Adoption Council (CNA), Guatemala’s Hague Convention Central Authority for adoptions, within 30 business days after the effective date of the law. Unless a case has already received a favorable opinion from the Guatemalan Solicitor General’s office (PGN), it still needs to be registered with the CNA to be eligible for processing under the old law. The Embassy, therefore, recommends that prospective adoptive parents confirm with their Guatemalan legal representatives that this registration "Aviso" has been filed with the CNA for their adoption case.
Following receipt of the “Aviso” by the CNA, they will issue a confirmation of registration (“Constancia”). Cases are considered registered and pending only if a “Constancia” has been issued. Filing the “Aviso” with the CNA before February 12, 2008, should be sufficient to register the case, even if there is a delay in issuing the “Constancia.”
Prospective adoptive parents should be aware that the Government of Guatemala is engaged in establishing the CNA and that the definition of “registered case” is still subject to change. Prospective adoptive parents should remain in direct contact with their adoption service providers to ensure that any requirements set forth by the Government of Guatemala are being met.
As Expected: Kick Out
We received the expected KO for no Pre-approval. Spoke with PGN (Laura) and she said our kick out occurred on January 22nd. There may have been other things that need to be remedied. Not sure if our attorney has picked up the file as of yet.
We are still waiting on the USCIS to issue the pre-approval and our attorney to register us with the Central Authority. The central authority has made changes to the form they provided last week. They've added a place for the photo of the child, but other than that, I did not notice any other amendments.
We are still waiting on the USCIS to issue the pre-approval and our attorney to register us with the Central Authority. The central authority has made changes to the form they provided last week. They've added a place for the photo of the child, but other than that, I did not notice any other amendments.
Monday, January 28, 2008
Today's Information from ADA
A few weeks after the Adoptions Law became effective, the Central Authority cannot take off and adoptions are not going anywhere.
Since there is no law to support the legality of the form that requires personal and confidential information of all the interested parties in the adoption, as well as the verification of the same by the Central Authority, it is doubtful that the registration of the adoptions with the weekly changing form, is legal.
The Central Authority does not have money to work, because the ten million quetzals that are needed to start working, will not be released until the conflict of the appointments of the members of the board of directors is settled.
The PGN is rejecting as many cases as possible, and refuses to accept any cases, even those that were previously rejected and need to be resubmitted, until proof of registration with the Central Authority is included.
ALL CASES IN PROCESS, regardless of their status, even those that are already finished and only pending recording at the Civil Registry, must be registered with the Central Authority before February 12, 2008 in order to be grandfathered. If the case is not registered with the CA, the PGN will not approve it. The fact that the CA is refusing to register the cases, because to offer to give the proof of registration later and not doing it, is the same as not registering it.
Right now, not a single adoption case has been registered by the Central Authority.Time is passing by and if by February 12th. that situation has not been solved, the situation of all the adoptions in process will be at the mercy of the Central Authority, because they will have total control of the processes. The adoption lawyers will have to keep supporting the children, but whether the children would go to the people who have been waiting for them is still unclear.
ADA is poised to file an amparo to get a ruling stating that the CA must proceed without delay to register the in process cases and to stop asking for information that is simply none of their business.
If you wish to read the article in full:
http://www.adaguatemala.org/English/news/
New pictures: Top McCaule 6 months, Bottom McKelle 8 months
Since there is no law to support the legality of the form that requires personal and confidential information of all the interested parties in the adoption, as well as the verification of the same by the Central Authority, it is doubtful that the registration of the adoptions with the weekly changing form, is legal.
The Central Authority does not have money to work, because the ten million quetzals that are needed to start working, will not be released until the conflict of the appointments of the members of the board of directors is settled.
The PGN is rejecting as many cases as possible, and refuses to accept any cases, even those that were previously rejected and need to be resubmitted, until proof of registration with the Central Authority is included.
ALL CASES IN PROCESS, regardless of their status, even those that are already finished and only pending recording at the Civil Registry, must be registered with the Central Authority before February 12, 2008 in order to be grandfathered. If the case is not registered with the CA, the PGN will not approve it. The fact that the CA is refusing to register the cases, because to offer to give the proof of registration later and not doing it, is the same as not registering it.
Right now, not a single adoption case has been registered by the Central Authority.Time is passing by and if by February 12th. that situation has not been solved, the situation of all the adoptions in process will be at the mercy of the Central Authority, because they will have total control of the processes. The adoption lawyers will have to keep supporting the children, but whether the children would go to the people who have been waiting for them is still unclear.
ADA is poised to file an amparo to get a ruling stating that the CA must proceed without delay to register the in process cases and to stop asking for information that is simply none of their business.
If you wish to read the article in full:
http://www.adaguatemala.org/English/news/
New pictures: Top McCaule 6 months, Bottom McKelle 8 months
Friday, January 25, 2008
Busy Week
Our attorney's staff and our coordinator have been very busy filling out the new forms and getting the necessary prints this week for the new Central Authority. News is that the attorneys feel the paper work requests too much personal information not needed by the central authority and in fact PGN feels the same and has not been handing over information that the Central Authority has requested from files. The attorneys have filed a formal complaint, but are still complying with what is required on the forms as written. We'll see what the judge rules.
The personnel that were let go by the new administration last week filed a suit with the courts to retain their positions and at present the judge granted their request on a temporary basis. So I guess at this point rather than 3 there are 5 at Central Authority that are in charge. Hmmm
Our coordinator did indeed see the girls and said they are precious and will be sending more pictures soon. She is currently on her way back to the states.
The personnel that were let go by the new administration last week filed a suit with the courts to retain their positions and at present the judge granted their request on a temporary basis. So I guess at this point rather than 3 there are 5 at Central Authority that are in charge. Hmmm
Our coordinator did indeed see the girls and said they are precious and will be sending more pictures soon. She is currently on her way back to the states.
Thursday, January 24, 2008
Requesting Re-Fingerprinting
Since it looks like we are not going to be finished with this adoption before our fingerprints expire on March 26th, we are making application today for a one time free re-fingerprinting. Hopefully, we will have the girls home before the I-171-H expires July 23, 2008!
Here's the website I found the USCIS info regarding the free extensions if any reader is interested: www.uscis.gov/files/pressrelease/PAPChanges080607.pdf
Here's the website I found the USCIS info regarding the free extensions if any reader is interested: www.uscis.gov/files/pressrelease/PAPChanges080607.pdf
Wednesday, January 23, 2008
Registration
Coordinator contacted me last evening (She's in Guatemala now) and said that she was meeting with our girls to get their foot and palm prints for the registration form for the Central Authority. We are somewhat relieved that they are indeed filling out the paperwork so that we don't get caught in the gap of those KO'd and maybe missing the February deadline for registration. There has been no clarification on that point. We still do not specifically know what the definition of "grandfathered" is as it pertains to adoptions begun before December 31st. We are fairly confident, however, that our case falls within any specifications.
As of last Tuesday, we were still in PGN and on the first reviewer's desk. Many without pre-approval are not getting KO's until having been on the 2nd reviewer's desk. That could be a good thing as maybe the reviewers will have noted a list of things that need to be fixed while out and we only have one KO.
Hope to have some new pictures of the girls to post since they received a visit last night.
As of last Tuesday, we were still in PGN and on the first reviewer's desk. Many without pre-approval are not getting KO's until having been on the 2nd reviewer's desk. That could be a good thing as maybe the reviewers will have noted a list of things that need to be fixed while out and we only have one KO.
Hope to have some new pictures of the girls to post since they received a visit last night.
Friday, January 18, 2008
New Form Revealed
The Central Authority has shown us the new form for registration. It is 4 pages long and includes a place for foot/hand prints of the child. Much of the information is redundant to what's already in the file presented to the PGN. In my opinion, it will take a lot of man power to get these filled out and registered with the Central Authority before the February deadline the middle of the month.
Also, the new appointments were made to the Central Authority by the new administration. Rather than step aside humbly, the first appointees have vowed to fight the decision and remain on the job and said the new President had no authority to replace them. Hmmm.
An interesting day, we'll see how all this fleshes out. Those who currently have to register with the new form are those who never entered PGN and those who have received a KO. Not sure yet what will happen to those who may receive a KO in PGN after the Feb. deadline.
Also, the new appointments were made to the Central Authority by the new administration. Rather than step aside humbly, the first appointees have vowed to fight the decision and remain on the job and said the new President had no authority to replace them. Hmmm.
An interesting day, we'll see how all this fleshes out. Those who currently have to register with the new form are those who never entered PGN and those who have received a KO. Not sure yet what will happen to those who may receive a KO in PGN after the Feb. deadline.
Wednesday, January 16, 2008
In the News Today
Information from Guatemalan Attorneys to U.S. Agencies:
All attorneys that have pending cases have been called to a meeting with what is to be the NEW CENTRAL AUTHORITY on Thursday January 17, 2008. The attorney's will attend to find out what they are suppose to do to register their cases with the new CA.
According to the Prensaescrita Newspaper:
The president's wife is suspect of some of the appointments made on the CNA which were appointed by Berger, the new president wants to appoint them so they don't have an agenda, but only the best interest of the child in mind.
Prayer Request:
We need to be in prayer for the babies of Guatemala as an outbreak of the Rotavirus has been rampant and resulted in the death of at least one infant, 3 1/2 months, who was to be adopted.
All attorneys that have pending cases have been called to a meeting with what is to be the NEW CENTRAL AUTHORITY on Thursday January 17, 2008. The attorney's will attend to find out what they are suppose to do to register their cases with the new CA.
According to the Prensaescrita Newspaper:
The president's wife is suspect of some of the appointments made on the CNA which were appointed by Berger, the new president wants to appoint them so they don't have an agenda, but only the best interest of the child in mind.
Prayer Request:
We need to be in prayer for the babies of Guatemala as an outbreak of the Rotavirus has been rampant and resulted in the death of at least one infant, 3 1/2 months, who was to be adopted.
Monday, January 14, 2008
News from JCICS Today
Formation of the Central Authority
As required by the new adoption law (Decree 77-2007), the Guatemalan Supreme Court, Bienestar and Ministry of Foreign Affairs have appointed Rudy Soto Ovalle, Marvin Rabanels and Anabela Morfin respectively as their representatives to the Central Authority. The installation of these representatives occurred on Friday, January 11, 208. It should be noted that while the law calls for the appointment of the representatives within 14 business days (approximately January 18), Joint Council is encouraged that the appointments have occurred sooner than required.
It is expected that within days, these newly appointed representatives will meet as the Central Authority and establish (1) procedures by which pending cases can be registered and (2) definitions of ‘cases in process’
Registering of Cases
All cases which are in process, as defined by the Central Authority, must be registered within 30 business days of January 1, 2008 (approximately February 11, 2008). Through considerable discussion with all stakeholders, the representatives to the Central Authority have acknowledged the importance of establishing definitions and procedures by which the pending cases can be registered. Given the early formation of the Central Authority and expected release of the definition and registry procedure Joint Council and others remain confident that the registry of pending adoption cases will be completed within the requirements of the law (by approximately February 11, 2008).
As required by the new adoption law (Decree 77-2007), the Guatemalan Supreme Court, Bienestar and Ministry of Foreign Affairs have appointed Rudy Soto Ovalle, Marvin Rabanels and Anabela Morfin respectively as their representatives to the Central Authority. The installation of these representatives occurred on Friday, January 11, 208. It should be noted that while the law calls for the appointment of the representatives within 14 business days (approximately January 18), Joint Council is encouraged that the appointments have occurred sooner than required.
It is expected that within days, these newly appointed representatives will meet as the Central Authority and establish (1) procedures by which pending cases can be registered and (2) definitions of ‘cases in process’
Registering of Cases
All cases which are in process, as defined by the Central Authority, must be registered within 30 business days of January 1, 2008 (approximately February 11, 2008). Through considerable discussion with all stakeholders, the representatives to the Central Authority have acknowledged the importance of establishing definitions and procedures by which the pending cases can be registered. Given the early formation of the Central Authority and expected release of the definition and registry procedure Joint Council and others remain confident that the registry of pending adoption cases will be completed within the requirements of the law (by approximately February 11, 2008).
Wednesday, January 9, 2008
New Central Authority Announced
Today, PGN published information about the new Central Authority.
It is located at
32nd street
9-34 zone 11
Colonia Las Charcas, Guatemala City.
We do not yet have details on the registration process.
Thursday, January 3, 2008
Exciting News
Our DNA paperwork arrived at the Embassy at 4 p.m. today. It will most likely not be registered until tomorrow, so the official Pre-approval for visa counting will not start until then. We have not received our hard copy as of yet. We did get our PGN registration number today, so it's official that our case has been entered there.
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