Second Agency Comes Under Scrutiny By COA UPDATED

On September 2, 2011, the Council on Accreditation made the decision to temporarily suspend Saint Mary’s International Adoption for failing to maintain substantial compliance with the Hague accreditation standards. Saint Mary’s International Adoption is a Hague accredited adoption service provider; however, they are authorized to operate in both Hague and non-Hague countries. This agency operates in Bulgaria, Poland, and Ukraine. During this suspension, Saint Mary’s International Adoption must cease to provide all adoption services in connection with cases covered under the Hague Convention. If you have an open case with this agency, please contact the adoption service provider directly to find out how this will affect your case. This suspension does not prohibit the adoption service provider from providing adoption services in connection with cases involving non-Hague countries.The suspension will begin on September 2, 2011 and conclude when the accrediting entity has determined that the adoption service provider has completed the corrective action. Updated information will be provided on the adoption.state.gov website.”

Lawsuit

The suspension began on September 2, 2011. The lawsuit was filed on September 6, 2011. Today, the Charlotte Observer reports on the federal lawsuit that the JCICS agency Saint Mary International Adoptions filed. Again, it is important to note that the head of JCICS is on the Board of COA.

Via Justia the Plaintiff is Saint Mary International Adoptions, Inc. and the defendants are Council on Accreditation for Children and Family Services, Inc. and Richard Klarberg.

“The suit asks for a temporary restraining order against the New York-based Council on Accreditation for Children and Family Services.”

“The council sought a 30-day suspension after a couple complained that Saint Mary failed to communicate and provide emotional support during a failed 2010 adoption attempt of two Polish siblings.

According to the lawsuit, the council said Saint Mary failed to address the couple’s complaints, report the complaints to the council and record its efforts to rectify the problems.”

“”We don’t make any decisions lightly,” [Richard] Klarberg [CEO of COA] said. “Our primary goal is to always protect the rights of the children, their birth families and their prospective adoptive families.”

The Agency

“Don Brown, attorney for Saint Mary, said the agency has had 10 years of complaint-free work. During that time, Saint Mary has matched about 60 American families with foreign children.

He said none of the complaints concerned the couple’s finances or their contract with Saint Mary.

“I never read anything that said, ‘We got ripped off or didn’t get our money’s worth,’ ” said Brown, adding that the complaints were mainly based on communication issues.

Brown called the council’s choice to suspend the agency “tremendous overkill” and said the two sides were working on a settlement.

Brown also questioned the validity of the suspension.

To his knowledge, Brown said, the couple’s complaints were not properly filed with the Department of State, and the council failed to investigate the allegations.

Also, the council asked Saint Mary to complete corrective actions, which the agency did, Brown said.

“This is not a rogue agency,” he said.

Saint Mary has never received a formal Council on Accreditation complaint since its founding about 10 years ago, the lawsuit states.

The suspension could affect six American families hoping to adopt 10 foreign children and an additional 50 families that have begun the adoption process.”

Adoption Agency Sues to Stay Open
[Charlotte Observer 9/9/11 by Gavin Off]

The “never-got-a-placement-but-paid-agency-fees” PAP quantity (failure rate as it is known in other types of businesses) is one of those taboo subjects that only is discussed when a business needs some . Their attorney even says that they are not a “rogue agency.” See, it is perfectly normal to have this rate of placement. Move along. Nothing to see here.

Update: Erin Siegal’s Finding Fernanda site has the 66-page pdf of the lawsuit. See here. Pages 16 to 21 have the email exchange between Richard Klarberg of COA and the attorney of St. Mary’s. The black text is the original text. The blue text is Richard’s response and the red text is the attorney’s response back. Get out some  and read it. It is enlightening.

Update 2: St. Mary’s, along with Joshua Tree , is back in business.  Isn’t that sweet?

From DOS Website , “Suspension of Saint Mary International Adoption lifted