How Does Confidentiality Really Protect Us?
I do not believe that confidentiality protects anyone in the adoption process. It does not protect adoptees, adoptive parents or “birthparents.” I am going to use Illinois as an example of that. Every state has these lawsuits in their Supreme Court and Appeals Court filings online. However with that said, not every adoption agency has this issue to contend with.
In this day and age, does that kind of confidentiality even exist? It does not exist. Think about this. President Obama and the birth certificate debacle is a perfect example. Someone found his birth announcement in Hawaii and posted it online. This information is easy to find. For most people, I am talking the non adopted here. Adoptees have a little more difficulty proving that they were even born and not born in a cabbage patch.
Every person has their birth certificate, marriage certificate, divorce dissolution, and death certificate recorded. Your financial records are recorded in banks and their systems. If you are online, your actions are recorded as well. Your ip address follows you everywhere. There is no total anonymity. Your health records are currently being recorded on paper. It is not going to be too much longer before they are online as well.
You can not run from this kind of technology any longer. Adoptees and their families have been finding each other for years. I have done it for others. I will continue to do so as will others. Personally I do not want to be eighty years old and still searching for something about MY past. I am getting off track here.
The point of this article is that the adoption industry uses confidentiality to hide their misdeeds. I have had those in the industry tell me that. My question for folks is this Illinois case. The social worker was reprimanded for violating confidentiality of a foster parent. He subsequently lost his job over her actions. As a result of her actions, she is removed from the adoption agency. She is then placed in another situation where she is in control over the confidentiality of adoptee records. Well how is that possible? She was allowed to let her old licensure expire which is under just the standard social worker licensing. Her new license which has no reprimands is listed under clinical social worker. This is all public record. Since she has a proven track record of violating confidentiality of a foster parent, she will probably violate the confidentiality of adoptees along the way. The bad thing with this is that we usually get ignored on the issue.
LSSI is one of those agencies that use confidentiality when it suits their purpose. They even deny adoptive parents access to their own records. We are discussing home study and financial records. “Birthparents” are also denied access to their records. They have a hell of time access their relinquishment forms as well. God forbid that the mothers use those forms to show that confidentiality was not promised.
I read Paula Benoit’s blog post yesterday. That was an eye opener to an extent. I have been using these arguments. The state government has no business denying adoptees access to their documents. Since adoption agencies are not arms of the state government, the state government is under no obligation to honor promises that violated the Federal Privacy Act. They are under no obligation to honor promises that violate several of my civil and constitutional rights. The state governments need to look at all of their laws concerning adoption. The laws are contradictory of themselves. That is something that we need to push and push hard.
There has not been any real documented proof of the way the mothers prior to Roe Vs. Wade were treated. If those records were opened, it would show a severe violation of these women’s constitutional rights. God forbid that the United States government has to apologize to millions of women.
We need to put a stop to the control that the adoption industry has over us. The industry itself is hurting adoption and those of us living it.
In this day and age, does that kind of confidentiality even exist? It does not exist. Think about this. President Obama and the birth certificate debacle is a perfect example. Someone found his birth announcement in Hawaii and posted it online. This information is easy to find. For most people, I am talking the non adopted here. Adoptees have a little more difficulty proving that they were even born and not born in a cabbage patch.
Every person has their birth certificate, marriage certificate, divorce dissolution, and death certificate recorded. Your financial records are recorded in banks and their systems. If you are online, your actions are recorded as well. Your ip address follows you everywhere. There is no total anonymity. Your health records are currently being recorded on paper. It is not going to be too much longer before they are online as well.
You can not run from this kind of technology any longer. Adoptees and their families have been finding each other for years. I have done it for others. I will continue to do so as will others. Personally I do not want to be eighty years old and still searching for something about MY past. I am getting off track here.
The point of this article is that the adoption industry uses confidentiality to hide their misdeeds. I have had those in the industry tell me that. My question for folks is this Illinois case. The social worker was reprimanded for violating confidentiality of a foster parent. He subsequently lost his job over her actions. As a result of her actions, she is removed from the adoption agency. She is then placed in another situation where she is in control over the confidentiality of adoptee records. Well how is that possible? She was allowed to let her old licensure expire which is under just the standard social worker licensing. Her new license which has no reprimands is listed under clinical social worker. This is all public record. Since she has a proven track record of violating confidentiality of a foster parent, she will probably violate the confidentiality of adoptees along the way. The bad thing with this is that we usually get ignored on the issue.
LSSI is one of those agencies that use confidentiality when it suits their purpose. They even deny adoptive parents access to their own records. We are discussing home study and financial records. “Birthparents” are also denied access to their records. They have a hell of time access their relinquishment forms as well. God forbid that the mothers use those forms to show that confidentiality was not promised.
I read Paula Benoit’s blog post yesterday. That was an eye opener to an extent. I have been using these arguments. The state government has no business denying adoptees access to their documents. Since adoption agencies are not arms of the state government, the state government is under no obligation to honor promises that violated the Federal Privacy Act. They are under no obligation to honor promises that violate several of my civil and constitutional rights. The state governments need to look at all of their laws concerning adoption. The laws are contradictory of themselves. That is something that we need to push and push hard.
There has not been any real documented proof of the way the mothers prior to Roe Vs. Wade were treated. If those records were opened, it would show a severe violation of these women’s constitutional rights. God forbid that the United States government has to apologize to millions of women.
We need to put a stop to the control that the adoption industry has over us. The industry itself is hurting adoption and those of us living it.
Posted by Amy Adoptee at 4/8/2009 8:33 AM 
Categories: uncategorized
Tags: adoptive parents birthmother searching birthmother Adoptee adoption searching adoptee
Categories: uncategorized
Tags: adoptive parents birthmother searching birthmother Adoptee adoption searching adoptee
Amy...you have hit on the BIGGEST issue that I have had to contend with as the adoptive mom of a minor child in residential care - confidentiality of records. Obviously, there is confidentiality and then, there is confidentiality. However, the question is - who is confidentiality really protecting??? As a parent, one would expect that most parents have the best interests of their child at heart, unless they are the cause of their child's issues (i.e.: abuse - be it physical, sexual or emotional, or those other reasons caused by neglect). However, when there is NO indication of the above, and the child is a minor (under the age of 14 - as stipulated by most stated and HIPAA) then, why in God's name are records considered confidential by therapists and "hidden" from the ones who, in the end, will be responsible for their child???? Who is making these ridiculous and insane decisions? And, who has the right to dictate what is kept from someone?????
Adoptees may be controlled by the government as to the right to see their adoption records - but consider my case - we have no records. And now, we can't even see the ones being created. I wonder why?????
I am sick and tired of being told by government bureaucrats and those who are still wet behind the ears that I have NO rights - when will I be heard???
Reply to this
That is where confidentiality affects all of us. It needs to be defined. Then the states and the federal government need to honor it. The Privacy Act states specifically that we are entitled to all the documents that the government has on us. The states regulate adoption. Its the states themselves that violate that particular law. They treat adoption differently. They treat adoption separate. As a parent, I am entitled to my daughters' medical information. I can get get their medical files. I know because I have done it.
Your case is just another example of how this so called confidentiality protects one entity. It ain't you or me. You are an adoptive parent and I am an adoptee. As we dig deeper, we find that even the "birthparents" are not allowed access to their relinquishment forms. So it all comes back to one thing. It protects the industry with the government's blessing. That is the worst part about it. They have the government's blessing. There is no accountability amongst these agencies.
You and I both know a great deal about international adoption. You more than me. I know a great deal about domestic. The next area to look into is foster care adoption. I am almost afraid to dig deeper. I have a friend who is dealing with the foster care side of stuff. I am flabbergasted at all that she has discovered. I feel like my head has been decapitated because there is so much information concerning her situation.
Think also about this. Many states have privatized their foster care system. When a foster child is adopted, the state gets a sum of money. Then the county agency gets money who in turn pays the adoption agencies who placed the child. These agencies are getting a cut of the adoption subsidies. I have seen it in several situations where confidentiality is arbitrary. As long as the agency covers itself, confidentiality concerns the agency's ability to CYA. Cover your ass.
I point blanked asked an adoption attorney. He is a Quad A attorney. Homestudy and financials belong to the adoptive parents. They should receive a copy of it. He also said that the homestudy is not work product for a social woker. They are not under the same rules as attorneys.
This confidentiality clause is used to protect the interests of the industry. Because of this you can not take proper care of your child without valid information. Truthfully, I cannot provide adequate care for my own children because I do not know the truth of my history. Many relinquishing parents can not pass on valid information to their adoptees.
Its funny someone told me recently that we need to stop making it about rights. What else can it be about? It has to be about rights. Our information, our lives are at stake in this game.
Reply to this
Well said Amy. ALL parents must remember and make sure that they ask and get copies of ALL documents, no matter if they or the agency have generated them. I have found after working/helping many PAPs/APs that they failed to ask for copies of documents nor made copies for themselves and now, they are unable to get them. In the case that I am dealing with, this is due to the fact that the agency no longer exists. Legally, this should not be a problem as most state laws require that all documents are retained and a plan is put into place so that the docs are "housed" in a safe place for "X" amount of years.
However, when an agency, be it governmental or adoption, hide behind a so-called confidentiality clause in order to restrict access of documentation from parents or those who are searching for critical information, one must question the purpose of the agency's motives. Is it truly to protect or is it to hide something other than the truth??? And, will the seeker ever be given the opportunity to really know - no matter what?
Reply to this