As you can see from my double-edit of yesterdays post, a lot has been going on in the last 24 hours. I really don't feel up to rehashing it all, so I'll just copy the articles here (as usual, they are not translated perfectly, but you can get the gist...)
Deadline to register files expires next February 12Adoptions at riskLink: http://www.prensalibre.com/pl/2008/febrero/01/217776.htmlBY OLGA Lopez OVANDO
Three thousand 500 processes are at risk of cancellation if the files are not authorized by the National Council for Adoptions (CNA) before February 12 next.The Attorney General's Office, Mario Gordillo, explained yesterday that the Adoption Act states that proceedings pending in 2007 must be registered with the CNA prior to the scheduled date.He added: "Failure to comply with this requirement, all records will be automatically annulled, and interested persons should initiate new procedures."This means that children who already had adoptive parents remain in distress, because with the new rules, the CNA is responsible for searching for a family suitable for the child, and will give priority to applications from local families.
Gordillo's concern stems from the problem that needs to be made effective integration of the CNA, by the legal battle that kept two of three of its members who are struggling to defend their autonomy and stayed in this instance because the new government wants to appoint new representatives.The official said that while not clarifying this situation, the Office is with his hands tied to pursue adoption proceedings that began in 2007.
According to statistics from the PGN, there are 1,700 files that have been returned to notaries for failing to comply with the requirements of adoption.There are also 300 cases which are in final evaluation, but can not be broadcast assent if not recorded in the NAC."It is worrying that this situation are stagnant over three thousand-making processes, and that these children are in distress," said Gordillo.
No progress:
Anabella Morfín Mancilla, a member of the CNA, said they can not move forward on the extension of records of registration records, while the Constitutional Court did not resolve the two appeals that were raised against the rulings of two courts, which do not ampararon to Marvin Rabanales, Another of the members of that entity.There is also resistance of the executive to transfer Q10 million budget authorized by Congress to operate such an entity. The Government does not give that amount, which keeps the battle with Morfín and Rabanales.The only representative without legal problem is the lawyer Rudy Soto Ovalle, appointed by the Supreme Court for the ANC.Morfín noted that the Q10 million are needed to hire staff, buy furniture and equipment for that forum, which temporarily works on the premises of Casa Alianza, in zone 1.Morfín explained that this situation had not been able to move forward in the records of proceedings pending at the Attorney General's Office about a 3 thousand files, and less on the processing of new adoptions."There are no resources to hire staff to assess children and visit the homes where they remain until they are approved adoption proceedings," said.
These are statistical information on prosecutions pending in the Attorney General's Office (PGN):
• 1700 files have been returned to notaries for failing to comply with the requirements. Among the problems were detected absence of a signature minutes, erroneous dates, lack of consent of the mother and illegible signatures.
• Three hundred files are being evaluated but to issue the final opinion, notaries should keep the record that the file is registered in the National Council for Adoptions.
• Some 1,500 cases have not reached the PGN therefore have not completed the requirements being requested for an adoption, such as DNA testing of the child and the mother, and authorization preadopción extending the U.S. Embassy.
• The Council are pending to extend the registration records of approximately 3 thousand cases.
• The Adoption Act-came into force on December 31 last-states that in the next 30 days, the National Council for Adoptions should respond to requests of 2007, and the deadline expires on February 12 next.
And...an update from the person who said her attorney told her the certificates were being issued:
Ok, this is what my atty said, as of 3:00 yesterday afternoon, the "constancias" that were being released stopped. Those attys who did get a constancia tried to submit to PGN and PGN would not accept the constancia because of the amparo that was filed. She said that the report that there is two CAs is not accurate, she said they are mixed up, she said that there is only one CA. She said there are two groups of people, Berger's and Colom's who are fighting over the positions, BUT there is only one CA. She said that yes they told us MONDAY and that is accurate, but everything changes so quickly that she can not give me a date. Sorry, I wish I had better news, but at least I do believe this is very accurate.
And...an update from JCICS:
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.Another gloomy Friday here in adoption land...
Jen
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