Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

Question 137: To ask the Minister for Health and Children the extent of the backlog in post-adoption placement assessment reports from before 2008; if her attention has been drawn to the fact that this backlog has caused the Russian Federation to suspend inter-country adoptions with Ireland; if the Health Service Executive has informed her of the way it will direct resources to clear this backlog; and if she will make a statement on the matter. [22059/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

My Office is continuously working to create the appropriate legislative, policy and administrative frameworks that will ensure a well regulated regime of adoption. Our aim is to support and protect the children for whom adoption services are devised and provided and prospective parents. A number of regions of the Health Service Executive were recently listed by the Russian Ministry of Education and Science as having failed to provide them with post-placement reports. As the Deputy is aware, post-placement reports are a requirement of a number of countries that send children to be adopted by Irish applicants.

While the Health Service Executive continues to facilitate the preparation of post-placement reports, it has no statutory function in relation to the provision of same. The key commitment given is the legal affidavit to co-operate with the provision of such reports that is required by the Russian Government from all applicants. Where parents do not co-operate, there is no legal basis to enforce their co-operation with post-adoption reporting in this jurisdiction.

My Office was in touch with the Health Service Executive to clarify the situation in relation to any such list of outstanding reports as soon as this matter was raised. The Executive confirmed that reports continue to be supplied from all regions and that it was following up in respect of reports that may be completed but not yet transmitted. Over 450 such reports were required in respect of 2008, and it is anticipated that around 400 will be required in respect of 2009 (not all due yet). Officials from my Office raised the matter with the Russian Embassy at a recent meeting. The Russian side has provided a list of outstanding post-placement reports. This list, which was collated by the Russian Ministry of Education and Science, is currently being validated by the Embassy. In the meantime, I asked the relevant authorities to assist me in pursuing the resolution of this issue as a matter of urgency.

An extensive examination of the list of alleged "missing" post-placement reports has been carried out by the Adoption Board and the Health Service Executive. While I await final numbers, it appears that the list supplied by the Russian Ministry of Education and Science is inaccurate. In short, the majority of the outstanding reports (which are estimated to be around 30) have been completed and are with the adoptive parents for translation, apostilling and notarisation – that is, the Social Workers have already conducted the home visit and the report. In a small number of cases, parents have neglected or have been unwilling or unable to arrange for a home visit with their Social Worker. Further contact has been made again to arrange for all outstanding visits to be undertaken and is being prioritised by the Health Service Executive Adoption Services to ensure that the parents can have the required reports forwarded to the Russian Embassy.

1229 children from the Russian Federation have had their names entered into the Register of Foreign Adoptions in the period 1991 - 2008. This equates to approximately 5,000 post placement reports. Of the total number of reports required, just over one half of one per cent have not been transmitted to the Russian authorities. Despite the current difficulties, I believe these statistics make it clear that the vast majority of parents are complying with the commitment which they gave to co-operate with such reports and are being fully assisted in doing so by the HSE and the Adoption Board.

Officials have indicated to the Russian side the importance that we are attaching to resolving the matter. Once finalised, the Adoption Board has advised that it will contact the Russian authorities with the validated list. The Health Service Executive and the Adoption Board have already contacted any families where reports are outstanding.

Michael D Higgins (Galway West, Labour)
Link to this: Individually | In context

Question 138: To ask the Minister for Health and Children her views on whether the lapse of the inter-country adoption agreement with the Socialist Republic of Vietnam and the suspension of inter-country adoptions from the Russian Federation are no fault of prospective adoptive parents; if she will urge the Adoption Board to grant extensions including second extensions to the declaration of eligibility and suitability of prospective parents where the board has discretion; and if she will make a statement on the matter. [22060/09]

Jan O'Sullivan (Limerick East, Labour)
Link to this: Individually | In context

Question 180: To ask the Minister for Health and Children the progress made in dealing with the problems that have arisen with regard to inter-country adoptions between Ireland and Vietnam and Ireland and Russia; and if she will make a statement on the matter. [22262/09]

Barry Andrews (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

I propose to takes Questions Nos. 138 and 180 together.

My Office is continuously working to create the appropriate legislative, policy and administrative frameworks that will ensure a well regulated regime of adoption. Our aim is to support and protect the children for whom adoption services are devised and provided and prospective parents. A number of regions of the Health Service Executive were recently listed by the Russian Ministry of Education and Science as having failed to provide them with post-placement reports. As the Deputies are aware, post-placement reports are a requirement of a number of countries that send children to be adopted by Irish applicants.

While the Health Service Executive continues to facilitate the preparation of post-placement reports, it has no statutory function in relation to the provision of same. The key commitment given is the legal affidavit to co-operate with the provision of such reports that is required by the Russian Government from all applicants. Where parents do not co-operate, there is no legal basis to enforce their co-operation with post-adoption reporting in this jurisdiction.

My Office has been in touch with the Health Service Executive to clarify the situation in relation to any such list of outstanding reports. The Executive has confirmed that reports continue to be supplied from all regions and that it is following up in respect of reports that may be completed but not yet transmitted. Over 450 such reports were required in respect of 2008, and it is anticipated that around 400 will be required in respect of 2009 (not all due yet). The Health Service Executive in all ten areas listed by the Russian Ministry of Education and Science has conducted an extensive search for these alleged "missing" post-placement reports. The majority of the outstanding reports have been completed and are with the adoptive parents for translation, apostilling and notarisation – that is, the Social Workers have already conducted the home visit and the report.

I have dealt with this matter in some detail in the House. I must emphasise that there is no evidence that there is a backlog on post-placement reports in respect of the Russian Federation and that the numbers of alleged "missing" reports is not substantiated by the investigation under way. I believe that in the vast majority of cases parents are complying with the commitment which they gave to co-operate with such reports and are being fully assisted in doing so by the HSE and the Adoption Board. I must also acknowledge that, in a small number of cases, parents have neglected or have been unwilling or unable to arrange for a home visit with their Social Worker. Further contact has been made again to arrange for all outstanding visits to be undertaken and is being prioritised by the Health Service Executive Adoption Services to ensure that the parents can have the required reports forwarded to the Russian Embassy.

With regard to the issue of inter-country adoptions between Ireland and the Socialist Republic of Vietnam, as the Deputy is aware, the Government is presently working towards securing a strengthened intercountry adoption agreement with the Vietnamese authorities. There has been on-going dialogue with the Vietnamese authorities – with the focus on achieving the requisite strengthening of procedures for the protection of children. All options, including an interim agreement, are actively being pursued to allow for the conclusion of discussions on a strengthened bilateral agreement and to facilitate continuity of the strong and positive relationship between both jurisdictions.

I am anxious to conclude discussions on the text of the inter-country adoption agreement already under consideration. However, that is not to say that any guarantee can be provided in relation to the outcome of that process. In addition, it must be pointed out that the wider policy agenda priority is the enactment of the Adoption Bill and the subsequent ratification of the Hague Convention. The agreement must have regard to these forthcoming changes in our national adoption legislation.

Declarations of Eligibility and Suitability are governed by the Adoption Act, 1991. Under its provisions, a Declaration of Eligibility and Suitability is only valid for 12 months. However, the Adoption Board may grant an extension for a further period if it is satisfied that it is reasonable and proper to do so having regard to any material changes to the living circumstances of the applicants. This procedure applies to all countries equally. The provisions contained in the Adoption Bill, 2009, allow for a Declaration of Eligibility and Suitability to be valid for 24 months, with the possibility of a further 12-month extension – subject to the discretion of the Adoption Board.