Transfer of EACI India and China adoption cases to IAN

As many of you know, EACI adoption agency lost it's Hague status in December of 2016. As a result they had to move all their programs to other agencies. IAN was identified to take on India and China Cases. We have spent the last month or more working to make this transfer as smooth a possible and welcoming these families to IAN. It has been a difficult time for all those families involved, but we are happy that the transfer is completed and we can focus on serving our new families and their prospective adoption children!

The State Department issued more information for those transfer families on Friday, and we are posting that here so that our new families can stay informed! Please be sure to read this carefully, and follow up with our office as needed. Thanks to all our families' patience, current and new, as we have worked on this. We are so thankful to be serving our growing network of families and children.

Click here for the State Department Update Concerning EACI transfer cases

Here is the full text of the update from the State Department:

EAC Case Transfer Approval Information

February 3, 2017

The Department of State confirms that the Council on Accreditation (COA) reviewed case transfer plans for the following European Adoption Consultants, Inc. (EAC) intercountry adoption programs. If you have been working with EAC to adopt a child from a country that is not listed below, COA is currently reviewing EAC’s case transfer plan for that country. We will update this site with new information as it becomes available.

Please note that EAC clients are under no obligation to work with the adoption service provider (ASP) named in EAC’s case transfer plan. EAC is required to execute a plan to transfer their in-process adoption cases to a designated agency, however, some families may instead request that the case be transferred to an alternate primary provider. COA has advised that in those cases, prospective adoptive parents should send a request to EAC indicating a preferred ASP to which EAC should transfer the case. COA should be copied on this correspondence.

COA has also advised that EAC reports they will be reaching out to clients to obtain written consent to release records. Such consent should comply with the guidance provided here . COA expects EAC to execute their case transfer plans within 10 days of receipt of COA’s letter confirming its review of EAC’s case transfer plan.

The state of Ohio, where EAC is licensed, has informed the Department of State that under Ohio law, if a prospective adoptive parent submits a request to have their case transferred, the agency must act upon that request pursuant to Ohio Administrative Code 5101-2-48-19. Prospective adoptive parents may wish to copy the Ohio Department of Job and Family Services, fostercare_licensing@jfs.oio.gov , on email communications with EAC regarding case transfers. Please include “EAC” in the subject line if you do so.

The Ohio Department of Job and Family Services has also informed us that families experiencing difficulties getting EAC to transfer their file, or experiencing any other issues with EAC, may wish to submit a statement to the Ohio Attorney General’s Office at www.ohioattorneygeneral.gov/about-ag/file-a-complaint , or call the hotline at 800-282-0515 or 614-466-4986. The hotline takes complaint calls Monday through Friday between 8 a.m. and 7 p.m. EST. Prospective adoptive parents who submit concerns in writing should include “EAC” in the subject line.

REVIEW OF CASE TRANSFER PLANS

When reviewing the transfer plan, COA verifies that the ASP selected to receive the adoption cases meets the following criteria:

• the ASP is currently accredited or approved;
• the ASP’s accreditation is valid for a sufficient period of time or the ASP has an application for renewal of its accreditation or approval pending and has made significant progress through the renewal process;
• the ASP is not currently subject to an adverse action compromising their accreditation status; and
• the ASP is authorized to work in the country they will receive cases for if such authorization is required.

COA’s review of the transfer is limited to the criteria listed above. It is important to note that while COA has verified that the ASPs are eligible at this time to receive EAC’s cases, there is no way to guarantee the new primary provider will remain eligible to provide adoption services.

POST-PLACEMENT AND POST-ADOPTION REPORTING

EAC is prohibited from providing adoption services, including “monitoring a case after a child has been placed with prospective adoptive parent(s) until final adoption”, and therefore EAC is prohibited from providing post-placement services, including post-placement reporting. Prospective adoptive parents who obtained custody or guardianship of a child and have not yet finalized the adoption need to find an accredited or approved ASP to provide any remaining services, including completing post-placement reports as required by the child’s country of origin.

The prohibition on providing adoption services does not apply to completion of post-adoption reports, which are required after an adoption has been finalized, to the extent allowed by state law and the country of origin’s requirements. Please be aware, that a foreign government may choose not to accept post-adoption reports from a debarred adoption service provider.

Families should be advised that the government of India has informed us that they will not accept post-adoption or post-placement reporting from EAC. We will provide additional information as it becomes available.

FEES

Federal regulations require EAC to complete the refund of fees paid for services not yet rendered within 60 days of the debarment. EAC should provide prospective adoptive parents with information on any refunds they may be eligible for or details of any fees that have not yet been expended for providing services that can be transferred to a new agency.

THE DEPARTMENT OF STATE’S ROLE

The Department of State’s role with case transfer plans is limited. As stated in the Notice regarding Case Transfer Responsibilities of Intercountry Adoption Service Providers , under 22 CFR 96.87, the agency or person’s execution of its transfer plans is under the oversight of the Accrediting Entity, the Council on Accreditation. The Department of State does not review or approve case transfer plans. The Department does, however, communicate with foreign Central Authorities and competent adoption authorities about the accreditation status of agencies and persons and case transfer plans, as needed.

Please continue to communicate directly with EAC and COA regarding specific questions related to your adoption case transfer.

‍