DOCUMENT RESUME ED 261 768 PS 015 298 TITLE The Anti-Fraudulent AdoptionPracticesAct of 1984. Hearing before the Subcommittee on Courts of the Committee on.the Judiciary. United States Senate, Ninety-Eighth Congress, Second Session on S.2299, a Bill 'Entitled the "Anti-Fraudulent Adoption Fradtices Act of 1984 (March 16, 1984). INSTITUTION Congress of the U.S., Washington, D.C. Senate . Committee on the Judiciary. REPORT NO Senate-Hrg.-98-998 PUB DATE 84 `NOTE 211p. PUB. TYPE Legal/Legislative/Regulatory Materials.4 (090) EDRS PRICE MF01/PC09. Plus Postage. ,DESCRIPTORS *Adoption; *Criminal Law; *Federal Legislatioh; Hearings; *International Crimes; News Reporting IDENTIFIERS '*Congress 98th; *Fraud ABSTRACT 1 This hearing provided a forum for witnesses testifying about the Anti-Fraudulent Adoption Practices Act of 1984 (S. 2299) and the issues the bill was designed to address. Testimony focuses on the nature and incidence of fraudulent adoption scams; the need for*Federal legislation to address the problem; the experiences of victimized families; problems with international adoptions;, background information on the processing of orphan petitions by the Immigration and Naturalization Service; results of FBI investigations; concerns of state child welfare agencies; and the views of the Department of Justice concerning-the extent of the problem in the area of adoption and permanent free care, the extent to which existing criminal statutes adequately provide an avenue, for prosecution, and the difficulties which the proposed bill, as drafted, presents from a law enforcement erspe.6tive. Appended are additional submissions for the record, including a Department of State report detailing major difficulties of.inter-American adoption; a country-by-country analysis of inter-American adoption problems drawn chiefly from U.S. Embassy reports; views of agencies, committees, and associations concerning the bill;kand numerous articles from South Carolina and Texas newspapers.reporting the fraudulent practices and other problems associated with adoption. (RH) . t 1 . ****,*********;)4*********.*********************************************** ,* Reproductions supplied by EDRS are the best that can be. made * * from the original document. * *********************************************************************** S. HRG. 98-998 THE ANTI-FRAUDULENT ADOPTION PRACTICES ACT OF 1984 DEPARTMENT OF EDUCATION NATIONAL INSTITUTE OF EDUCATION EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC) *This document hits been reproduced as reserved horn th person or otionnanon onomeong rt 0 Minor changes taw beim mad* to improve' reroduCtIOn quality HEARING Points of mew or opinions stated in this clomp, ment do not nicessartIv represent official NIE BEFORE THE position or policy SUBCOMMITTEE ON COURTS OF THE COMMITTEE ON ,THE JUDICIARY UNITED STATES SENATE NINETY EIGHT) CONGRESS SECOND SESSION ON S. 2299 A BILL ENTITLED THE "ANTI-FRAUDULENT ADOPTION PRACTICES ACT OF 198,1" 4 MARCH 16, 1984 0 Serial No. J-98-104 Printed for the use of the Committee on the Judiciary WO COPY miksAieut U.S. GOVERNMENT PRINTING OFFICE 36-.19; 0 WASHINGTON 1984 COMMITTEE ON THE JUDICIARY STROM THURMOND, South-Carolina,Chairma' n , CHARLES McC. MATHIAS, Jr., Maryland JOSEPH R BIDEN, Ja , Delaware PAUL LAXALT, Nevada EDWARD M. KENNEDY, Massachusetts ORRIN G. HATCH, Utah ROBERT C. BYRD, West Virginia ROBEIIT DOLE, Kansas HOWARD M. METZENBAUM, Ohio ALAN K SIMPSON, Wyoming DW, NIS DECONCINI, Arizona JOHN P. EAST, North Carolina PATRICK J LEAHY, Vermont CHARLES E GRASSLEY, Iowa MAX BAUCUS, Montana JEREMIAH DENTON, Alabama HOWELL HEFLIN, Alabama ARLEN SPECTER, Pennsylvania VitITort DEVAgt LIDE,Chief Counsel and Staff Director DEBORAH K. OwEN,General Counlel " DEBORAH G. BEatterEni,Chief Clerk Kum 13, Grretarzitt,Minority Chief Counsel SUBCOMMIT'TEE ON COURTS ROBERT DOLE, Kansas,Chairman . STROM THURMOND, South Carolina HOWELL HEFLIN, Alabama ALAN K. SIMPSON. Wyoming MAX BAUCUS, Montana JOHN P. EAST, Noih Carolina DENNIS DECONCINI, Arizona DOUGLAS a COMER,Chief Counsel ilnd Staff Director ARTHUR BRISKMAN,Minority Chief Counsel N. 1 111/03 11134111 3 CONTENTS STATEMENTS OF SENATORS Page Hatch, Senator Orrin G. 1 Jepien, Hon. Roger W., a U.S Senator from the State of Iowa 3 Dole, Senator Robert 3 Grassley, Senator Charles E i , 26 Denton, Senator Jeremiah 60 PROPOSED LEGISLATION S. 2299, a bill entitled the "Anti-Fraudulent Adoption Practices Act of 1984" 5 CHRONOLOGICAL LIST OF WITNESSES . Roberts, Hon. Pat, a U.S Represe9tative from the State of Kansas, accompa nied by John Grubb, chief of wilite, Chase, KS 14 Stephan, Hon. Robert T., attorney general, State of Kansas 19 Davis, Linda and Mike, Wapello, IA 27 Swift, Ms. Ann, Director, Office of Citizens' Consular Services, Department of State, John C. Keeney, Deputy Assistant Attorney General of the Criminal Division, Department of Justice, Andrew J. Carmichael, Jr., Associate Com- missioner for Examinations, Immigration and Naturalization Service, and Louise Pittman, director, Bureau of Family and Children's Services, State of Alabama Department of Pensions and Security 46 ALPHABETICAL LIST AND SUBMITTED MATERIAL Carmichael, Andrew J., Jr.: Testimony 54 Prepared statement r 57 Davis, Linda: Testimony % 27 Documentation re adoption process: Classified ad ' 32 Outline of Mexican adoption procedure 33 Legal documents, from Mexican consul.... 35 Letters received by the Devises, from: M. Lopez, September 30, 1981 ' 39 Child's progress report, source not given, September 1981 40 Becci Kelley, November 25, 1981 , 41 M. Lopez, January 12, 1982 42 Bryan M. Hall, June 25, 1982 43 Davis, Mike: Testimony 27 Grubb, John: Testimony , 15 Keeney, John C.: Testimony 48 Prepared statement 50 Pittman, Louise:, Testimony A 60 Prepared statement 63 Memorandum, with attached article. "Rachel Weeping .for Her Children," by Emogene Austin, from the Alabama Lawyer, April 1982 , 68 Roberts, Representative Pat: Testimony 14, , , ' (Ill) ' 4 --.1. -. -....---- IV Stephan, Robert T.: . Pate Testihiony . 19 Prepared statement 23 , Swift, Ann: Testimony .46 APPENDIX ADDITIONAL SUBMISSIONS FOR THE RECORD Letters from! Russell L Northup, resource development specialist, Kansas State De- partment of Social and Rehabilitation Serviees, January 24, 1984, to Jake Terpstra, Administration for Children, Youth and Families, Chil- * dren's Bureau, Washington, DC 79 W Tapley Bennett, Jr., Assistant Secretary, Legislative and Intergovern- mental Affairs, Department of Statq, to Senator Robert Dole, March 5, 1984, with enclosures 82- Robert C Barnum, commissioner, Kabsas State Department of Social and Rehabilitation Services, to Senator Robert Dole, March 9, 1984 107 Susan L. Foglesong, legislative reporter, Concerned United Birthparents, Inc., to Scott E. Morgan, March 13, 1984 108 Margaret M Heckler, Secretary, Department of Health and Human Serv- ices, to Senator Jeremiah Denton, March 15, 1984 109 Mitchell Wendell, legal consultant, Association of AdMinistrators of the Interstate Compact on the Placement of Children, to Senator Robert J Dole, March 23, 1984 110 William L. Pierce, president, National Committee for Adoption, to Sena- tor Robert Dole, March 23, 1984, with enclosures 113 Chart: international adoption data 115 NewspapeF articles from:. The State (Columbia, SC) A five-part series of stories, primarily by Mar-' garet N O'Shea, investigating the role of the State of South Carolina in interstate adoptibn traffic 116 Fort Worth Star-Telegram. ..A series of stories investigating .fraud in international adoption ',* 151 . \ . al. JIM 4. 1 k ? 4 THE ANTI-FRAUDULENT ADOPTION PRACTICES ACT OF 1984 FRIDAY, MARCH 16, 1984 U.S. SENATE, SUBCOMMITTEE-ON COURTS, COMMITTEE ON THE JUDICIARY, Washington, DC, The subcommittee met, pursuant to notice, in the Senate Caucus Room, room 325, Russell Senate Office Building, at 10:12 a.m., Sen- ator Robert Dole (chairman of the iubcommittee) presiding. AlsO present: Senators Hatch and Jepsen. Senator DOLE. I want to welcome everyone to this hearing. Cer- tainly it isivery important for the people in this country. I am very pleased to have my colleague on the Judiciary Com- mittee, Senator Orrin Hatch, here this morning. I think Senator Grass ley may be coming'alsci. I am also pleased to have a man who has been instrumental' in bringing this matter to the attention of thirAmerican people, Senator Jepsen, on my left. I would first call on Senator Hatch for an opening statement. OPENING STATEMENT OF SENATOR ORRIN G. HATCH Senator HATCH. Thank you, Mr. Chairman. Thank you for this opportunity to express before this committee and public forum my concern over reoccurring fraudulent adoption ''practices. I am pleased to be an original ,cosponsor of S. 2299, the Anti-Fraudulent Ailoption Practices Act of 1984. Further, I have lettrned that our efforts through this bill complement efforts under- way in Utah to curb the inestimable number of children smuggled or, fraudulently brought into the United States and coming into Utah for adoption. By all rights, adoption is one of the most charitable and roving acts in this prosperous Nation. With public .and private agencies acting as catalysts, it blesses both the prospective parents and the adoptalple children. And when properly orchestrated, all parties are fulfille'd within the atmosphere of a permanent home comprised of parents and children. Adoption thrives as an integral function of family life in the United States. Last year, .thousands of children were adopted into good homes. Many were infants,