Pubdate: Sun, 21 Feb 2010 Source: Register-Guard, The (OR) Copyright: 2010 The Register-Guard Contact: http://www.registerguard.com/web/opinion/#contribute-a-letter Website: http://www.registerguard.com/ Details: http://www.mapinc.org/media/362 Author: Mark Baker Bookmark: http://mapinc.org/people/Noah+Kirkman REPATRIATION DISPUTES AFFECTED BY LACK OF A TREATY Decisions regarding foster care children in Oregon are made by judges in juvenile court, with input from state Department of Human Services caseworkers, DHS spokesman Gene Evans said. DHS is working with the Lane County Juvenile Court, the Canadian government and the U.S. State Department on Noah Kirkman's case, Evans said. One problem with such cases is that there is no specific international treaty for repatriation -- the return of a person to one's homeland -- of children, said Gloria Anderson, DHS's diversity and international affairs manager. Instead, two other international treaties are consulted, the Hague Adoption Convention and the Uniform Child Abduction Prevention Act, or UCAPA, Anderson said. The Hague pact addresses international adoption, child laundering and child trafficking. It establishes safeguards to ensure that intercountry adoptions are in the best interests of the child. UCAPA guides courts in handling child custody disputes. Meanwhile, Oregon law requires DHS to provide safety to any child within the state's borders, regardless of their nationality, Anderson said. "Once we know a child in our care is from another country, we are required to notify (that nation's) consular affairs," Anderson said. "And we are not allowed to send the child back to their nation until we know it's safe." The Canadian Consulate General in Seattle has been helping the Kirkman family since October 2008, said Wendy Baldwin a spokeswoman for the consulate. International child custody disputes are complicated, said Mary Damianakis, a Montreal-based international mediator in child abduction cases who offered her services to Lisa Kirkman last fall and has been working on the case since. A lot of times, professionals, government agencies, they don't have the tools, the awareness or education that is needed to help with an international conflict." Cases like Noah Kirkman's used to be unusual, but that's changing, Damianakis said. She sees more of them as it has become more common for families to live or be split across international borders, particularly between the United States and Mexico, she said. Raquel Hecht, a Eugene immigration attorney, doesn't think Hague Convention rules apply in Noah Kirkman's case. Once a local court steps in and asserts its legal powers over the child, that most likely trumps many international rules, she said. Lane County Juvenile Court Judge Kip Leonard granting Noah "special immigrant juvenile status" probably would have more legal clout than someone trying to invoke Hague Convention protocols, Hecht said. - --- MAP posted-by: Richard Lake