About 27,500 children were included in the National System of Adoption and Reception (SNA) National Council of Justice because they were involved in the process of removing family power. Dismissal is an exceptional measure that is administered by the state after the fatigue of protective measures and intervention to keep the child in the original family.
A total of 19,800 of these cases have been finalized by the judiciary since 2005 and were eligible for adoption. The data is part of a study on “Family Power Deprivation and Child Adoption” presented this Thursday (28/4) at the National Compact Seminar for Early Childhood: Judgment Results and Progress in the Childhood Project.
Read the report “Removal of Family Power and Adoption of Children”
According to a survey conducted in partnership with the United Nations Program for Social Development (UNDP), children who are dismissed and adopted are conditioned by a number of factors, including age, ethnicity and reasons for adoption. This has been identified as a problem, because “according to the ideological parameters, there should be no difference in the incidence of conditional family deficiency conditional with the age or color of the child”.
About 47% of children with familial deficits live in infancy – a period that lasts until the age of six and which is the target audience of choice for potential adopters. Already 12% have health problems or some disability. And, of those who were aware of color / ethnicity, 54.1% were black or brown, but about 17% did not record this information.
The study further found that 15,881 people were admitted through SNA registration in May 2021. Of these, 64.9% were in infancy at the time of sentencing. According to researcher Wesley de Jesus Silver, the time spent year after year at different times in the adoption process is different for different age groups, with shorter adoption times for younger groups.
“Surveys show that suitors’ preferred profile is for eight-year-olds, but those who are older than this age are available in the system. However, it is clear that children are dismissed quickly at an early age and this may be a factor, “Silva said.
The total number of people identified and eligible for adoption in SNA – over 91,000 – is mostly between the ages of 40 and 50, and 73.1% of those who have adopted are heterosexual couples; 4.1% gay couples; And 10% of the adoption will be different. For ethnicity, 38.8% of applicants declared that they had no specific choice, with 21.8% preferring brown children and 25.7% white children.
Of those who prefer children in early childhood, about 6% accept children with physical disabilities, 2.7% accept children with intellectual disabilities, and 41.4% accept children with health problems. In this profile, 2.4% have already adopted children, 5.2% have biological children, 46% have chosen for an ethnic group and 30% have chosen for a particular gender.
According to Isabelle Motar, a researcher in CNJ’s Department of Judicial Research, there are still a number of people who adopt children, including those with “difficult places” – such as the sick, the disabled, older children or siblings. The adoption of this profile seems to be increasing. “This is a hurdle, but to maximize these possibilities, we are implementing a national active search, which has already taken several successful initiatives in the country.”
The first phase of active search functionality, integrated into SNA, should be launched in May and will register children and provide images with judicial approval. Only applicants will be given access within three years of the license.
Another expected improvement is the implementation of the Department of Justice’s digital platform, an initiative of the Justice 4.0 program. In addition, SNA will have interdependence with all judicial systems, which was one of the difficulties encountered in field research. According to Isabelle Mota, the goal is to “reduce re-employment and allow the CNJ system to talk to other justice systems.”
Juliana Fernandez Pereira, adviser to the National Secretariat for Social Assistance in the Ministry of Citizenship, highlights recent ideological advances that are improving the adoption process. Among them, he cited the evolution of the Children and Adolescent Statute (ECA), the creation of state law and CNJ resolutions, the mediation system of justice for voluntary surrender, and the change of culture in adoption, which became central. The best interests of children and adolescents.
The study further noted that the average time between entering information into SNA and international adoption was 2.5 years. The SNA identified 890 international applicants who were already eligible for adoption, of which 94.7% were couples. More than 60% came from Italy, followed by France and the United States. The system identifies 119 foreign individuals and couples who have already been adopted, 65% of whom were between the ages of 40 and 50 at the time of sentencing.
However, the survey indicated inconsistencies between the SNA record and the information provided by the State Judicial Adoption / International Adoption Commission. Although SNA shows 126 international adoption processes for 236 children between 2008 and 2020, the commissions registered 509 adopted children – and between 2015 and 2020.
This discrepancy between different sources of information proves the existence of a significant portion of international adoption processes that are not thus registered with the SNA. “The invisibility of these processes in SNA makes this phenomenon difficult to fully understand and indicates the importance of performing more actions for more efficient use of the system and the reasons for its non-use.”
The study also identified indications of potential irregular practices, with the aim of thinking about how and why this information could subsidize the government. Tocantins (78%), Alagoas (68.9%), Roraima (68.4%), Amazonas (64.4%) and Amapá (63.6%) recorded, for example, the highest percentage of children in early childhood adoption. Intuitive personality. In these adoptions, potential adoptive family members are not necessarily pre-registered and go through the process of linking to the system, as there is already an established link.
Also, of SNA’s 1,305 children who were poor, 107 (8.2%) had no record of foster care. Of these, 37 did not present clear reasons that would justify the absence of a reception record, such as a custody or adoption process. Intuitive personality. The report suggests that a system should be put in place to monitor the situation of these children who are not registered for institutional or family care.
CNJ researcher Isabelle Mota emphasizes the importance of all adoption that reaches the judiciary – even adoption. Intuitive personality Must be included in the SNA – by judicial guardians, in family relationships or in exceptional cases. “It is possible to create public policy only with information. And, therefore, the courts must try to feed this system, which brings with it a range of important information to manage. “
The work, led by researchers Olivia Pessoa and Alessandra Rinaldi, identifies that security networks are still fragile without effective institutional dialogue. And that poverty is one of the most common reasons children are being pushed out of their families. “One of the interviewees even said that drugs are not always involved, there is not always neglect, but there is always poverty,” said Olivia Pessoa.
One of the proposals that has been put forward is extensive training in the safety network, involving parents from the parent council, health and education teams, psychologists and shelter homes, public ministries, the public defender’s office and social workers from the judiciary. This awareness is even more necessary so that the voluntary surrender device is not used forcibly with vulnerable populations.
In 2019 voluntary delivery data became part of SNA, it was created. Registration data is restricted to children up to one year of age, so that they are not abused. As of April 2022, 111 voluntary deliveries have already been recorded, compared to 513 and 404 records in 2020 and 2021, respectively.
According to the Court of Justice of Paran (TJPR), Rodrigo Rodriguez Dias, voluntary delivery involves prejudice against a woman who wants to have a child and is subjected to various forms of institutional violence. “These women are unavailable for various reasons to continue motherhood. But instead of abandoning the child or having an abortion, she prefers to give the child another chance at life. In that sense, the judiciary needs to give this mother a sensitive and serious welcome, often even during pregnancy, so that she can understand the subtleties of her decision and be confident about it. “
She emphasized the need to show the services available to this woman and her family, without associating poverty with surrender. The judge said many failed prenatal tests so that they would not be disclosed and judged by health professionals. “Our first focus is: there is no point in the judiciary being prepared to accept these women if their whole journey is not considered. We have to go to the field and do this training work, especially in the field of health.
In the project developed by TJPR, Welcome Flow adopted that, in addition to conversations with the safety network, work on the child’s history, encouraging the mother or family to leave letters and pictures in the process so that she, one day, is likely to know its origin. “Our work will also be successful if this woman consciously verifies that she can, she has support, she wants to keep her child and leave during delivery.”
To further develop the initiative and define national guidelines, the CNJ is conducting a public consultation on the draft resolution until May 20, which provides for legal distribution for adoption.
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