Preventing fires rather than putting them out:
A historical perspective of caring for children in
Guatemala
On March 7th
and 8th, 2017, a fire in Hogar
Seguro Virgen de la Asunción took the lives of 19 girls between the ages of
13 and 16. Over the next few days, 21 more girls would die in the hospital from
burns and smoke intoxication received in that fire.
It would be
easy to join in with the crowd calling for justice, and I have found myself
having those same thoughts. “Heads need to roll.” “It goes all the way to the
top.” “Throw them in jail, and throw away the key.”
A tragedy of
this kind which takes the lives of so many strikes a chord in all of us, but
most especially when we are talking about children and in this case, adolescents.
After all, if anyone deserves justice, those who are responsible for harming
and killing children deserve it most, right?
I’ll leave
“justice” in the hands of the government, at least for now, but to better
understand how we got where we are today, we need to go back in time.
When we first
arrived in Guatemala in 1988, children came to live in children’s homes or
orphanages in one of two ways: judicial order or private placement. Judicial
order means that juvenile judges placed children in Homes when those children
were victims of abuse, were abandoned by parents or other family, and other
reasons. Private placement was often simply an agreement between the family of
a child, most often the legal guardian be it a parent, grandparent, aunt,
uncle, etc. and the Home. At the time this was totally legal and a common
practice.
Over time, new
laws were written forbidding private placements which resulted in all
placements being judicial. Adoptions, specifically international adoptions,
were common and numerous. In fact, for the last several years leading up to
2007, the last year that international adoptions were open, 4-5000 children a
year were adopted out to families in the United States alone.
All of that
stopped when cases of corruption in the adoption process came to light and
resulted in the passing of a new adoption law in 2007. Except for a few hundred
adoption cases that had begun prior to the passing that the new law, all
international adoptions came to a screeching halt. Literally, the baby was
thrown out with the bath water.
Here we are ten
years later. If one does the math, 5,000 adoptions times ten years equals
50,000 children who possibly would be living with families today, assuming that
the number of annual adoptions had held at 5,000, and trends show that it could
have continued to rise.
Critics of the
adoption process point to a handful of cases of corruption including children
who were kidnapped on occasion and “sold” into the adoption process, adopted by
unsuspecting families who had no idea of the crime that had been committed.
These cases are indeed tragic and deserved to be addressed and corrective
action taken to stop it. But was the best way to handle this, or maybe the
better question is, the only way to
handle this problem, to halt international adoptions completely?
There are some
good things on a small scale that have taken place due to the actions in 2007.
National adoptions have been promoted, and many Guatemalan families have
stepped up to adopt children. Many, many more are needed, but it is a start.
Society as a
whole, and churches in particular, both Catholic and Evangelical/Protestant,
have become more aware of the need to care for the orphan and the widow as the
Bible mandates. While awareness does not always result in action, a few
churches have moved more into the arena of helping to care for these children
in different ways. There is talk of recruiting foster families from churches,
for example.
But the other
results have not been so positive. Children’s Homes are fuller than ever.
Whereas a Home might have received 5-10 requests a year in the past, not a day
goes by on average when judges and government social workers are making
desperate phone calls, begging filled to capacity and over capacity Homes to receive
children today.
Authorities
assured the world that the measure to halt international adoptions was
temporary, but as with many things involving the government, especially when it
comes to children, “temporary” can be a lifetime. Meanwhile, another year here
and another year there passes. Birthdays are observed and celebrated while
those in authority consider how to best address the crisis.
And here lies
the root of the situation in which we are living today. Children continue to suffer
because of the actions and inactions of adults.
For years we
have been calling for a complete restructuring, from ground zero, of the entire
child protection system. At best, the system is chaotic, disorganized and
results in children and youth languishing in the system for years, many times
until they turn 18 and “age out.” At worst, the system compounds the trauma
that these children have already suffered, be it re-victimization of those who
have suffered physical and sexual abuse, frequent court hearings that are meant
to assure that the child is being protected but in reality cause more harm and
anxiety with each court visit, and due to complicated and often contradictory
laws, preventing a judge from making a decision that is truly best for the child.
Here I will
cite just one example. Esperanza (*not her real name) was abandoned by her
parents when she was a baby. At a few months of age she was placed in a
children’s home. It was determined that she was eligible to be adopted by a
family. A family went through the process of trying to adopt her. Not just one
family, not just two families, but three families over the course of eight
years tried to adopt Esperanza. When she was old enough, she realized that
people wanted to adopt her. She even lived temporarily with one of these
families who treated her as their own.
But in each
case, due to corruption or ineptness, authorities bungled each attempt to adopt
out little Esperanza. The last case was particularly painful. Not only was
Esperanza recovering from the second adoption process that had just failed, she
was given new hope while living temporarily with a family when authorities from
the newly formed National Counsel of Adoptions, known as the CNA in Spanish,
approached the family about adopting Esperanza. The family was aware of a
little known part of the law, Article 10, in the new adoption law that forbid
anyone having anything to do with caring for children, be it children’s homes
or organizations who assisted in any way, from adopting. They served as
volunteer workers with an organization involved in securing and channeling
donations of food to children’s homes. But the CNA authorities assured them
that they had nothing to worry about, that this was a very special case, that
exceptions could be made, and that the adoption would be approved.
The family
prayed and agreed that they would pursue adoption of Esperanza. They excitedly
began the process. And, of course, Esperanza was the most excited of all! But
it was not to be.
After many
months of working through all of the red tape of what should have been a simple
process, the “new adoption law” failed little Esperanza. Would you like to
venture a guess as to what part of the new adoption law that the top
authorities of CNA cited? Article 10. They “interpreted” said article in such a
way as to state that even though the family who wanted to adopt Esperanza were
not directly involved in working at a children’s home, thus not in any way
directly caring for the children in any of the Homes, due to their volunteer work
with the organization that channeled donations to Homes, the law forbid them from
adopting this precious little girl who had become a part of their family. It
was heartbreaking for all parties concerned, but most especially for little
Esperanza.
About a year
later, a judge confronted a representative of the CNA with their decision. How
could they have bungled this case of getting Esperanza into a family? Three
attempted adoptions since the time she was a baby. But the CAN representative
was firm in staying faithful to her bosses at CNA, stating that the law would
not allow this family that loved Esperanza as a daughter, to adopt her.
So where is
Esperanza today? She is in a Children’s Home. She has given up any hope of ever
being adopted. She has no known biological family. But, thank God, she is
surrounded by a family at this loving Home, who have committed themselves to
raising her and being her family, at least as much as the law will “allow.”
So you see,
while something like the tragedy that resulted in the death of 40 and counting
girls brings to light the failure of society and the government to care for
their children, the reality is that society and the government have been
failing their children for many years. Just ask Esperanza.
A complete
restructuring must start with undoing much of the law that has caused more harm
than good. For example, changing the law that forbids families from adopting
children just because they help in caring for these children in the first
place. After all, who understands and loves these kids the most already? Who
better to adopt them and give them the family they so desperately are crying
out for? Would it at least not include those who are caring for them today? And
let’s not forget a huge part of the Foster Care programs in other countries
which is a pathway to adoption: “Foster to Adopt.” Under the current law, this
is forbidden.
All laws
pertaining to children need to be examined, filtering out duplicity and eliminating
or rewriting laws that are at odds with each other. This does not need to be
complicated. Keep the law as simple as possible, keeping the best interests of
all children in mind when writing it.
Training for
judges, social workers, and psychologists is imperative. Judges sometimes are
appointed to juvenile court straight from criminal court. They have no
experience, and seemingly little interest in learning the uniqueness of their
duties in juvenile court.
Education in
the universities for social workers and psychologists is sorely lacking when it
comes to working with and treating these kids who come from troubled and
traumatic places.
Most lawyers do
not have any experience when it comes to children and adolescent law, much less
the congressmen and congresswomen who are creating the new laws.
And above all,
it starts with families. Parents. Fathers and mothers. Where are the fathers?
Statistics in the past have shown that as many as 80% of mothers in urban areas
surrounding Guatemala City are single mothers. Where are the men? And if the
men are physically here, are they emotionally and spiritually “here” and
engaged? Many, rather than being the protectors of their children, are the
predators. Most tween and teen pregnancies are caused by fathers and other
males relatives of these young girls.
Who should be
involved in the process of developing this restructuring. We must start with
the adults who grew up as orphans or as abandoned children, whether they were
in Homes or not. Who better to give input into what the system should look
like? Why not include adolescents and children themselves in the process? At
the very least, why not include dedicated adults such as Catholic nuns,
evangelical missionaries and others who have dedicated their lives to caring
for these children for many years.
Money is not the answer to all problems. But
in Guatemala it is painfully apparent that according to the government budget,
children are not only not a priority, they are woefully relegated to low man on
the totem pole. Ileana Alamilla in an op-ed piece entitled Un país en llamas (A Country in Flames) which appeared the Prensa
Libre in the March 10, 2017 edition, noted that Guatemala has a “low public
investment in our country designated for children: barely $0.69(US) per child
per day, while in Costa Rica the investment is $4.91.” The adults play the
fiddle while Guatemala and her future generations go up in flames.
People are the most valuable resource of any
society. The young and the elderly are the most vulnerable. History shows that
societies rise and fall according to how they treat the young and how they treat
the old. How are we doing?
There is a
sobering story in the Old Testament that is found in Judges 19:22-30. “When he got home, he took a knife and cut
his concubine's body into twelve pieces. Then he sent one piece to each tribe
of Israel.” (Judges 19:29) People had sunk into such moral degradation that
it took something of this magnitude to wake them up to take action.
Could it be
that God will use the tragedy in Hogar
Seguro and the loss of life of these 39 (and counting) girls to wake us up
today and take action to save our children? If something as terrible as what
happened on March 7 and 8 won’t wake us up, I fear nothing will.
It’s time to start
over, design and build a system from the ground up, not a “cookie cutter
approach” from the United States or Europe or anywhere else, but a system that
is applicable for this precious country and her people. We must start today before
we lose any more of our most precious treasures, our sons and daughters.
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May God have
mercy on us.