Friday August 14th was two weeks since the creditor meeting. There has been ongoing progress on a number of priorities and milestones. This is a summary of the activities since July 30th.
Saint Anne Corporation
This agency has been on hold since the bankruptcy of Imagine Adoption. However, there have been many discussions with families, the authorities and other stakeholders related to Saint Anne. This agency has limited funds and does not have management or a Board in place to continue any operations.
A Director’s meeting was held on August 13th to consider ongoing activity of this agency related to Ecuador adoptions. A voluntary bankruptcy was signed by the one Director, Andrew Morrow, and documents filed with the Office of the Superintendent in Bankruptcy. Notices will be mailed to those creditors and posted on this web site shortly. BDO is the Trustee of that estate.
The Ontario ministry is aware of the bankruptcy. We understand that they are reviewing adoptions from Ecuador and future steps if any. We are waiting for final direction regarding the files. BDO does not anticipate a restructuring of Saint Anne similar to Imagine Adoption because of the limited funds and the files to be managed (approximately 30). However, this will be reviewed and monitored during the coming weeks.
File Transfer Requests
There continues to be the objective of maintaining privacy and security of the family files along with their ability to obtain and/or relocated their file. Since the July 30th meeting, we have received approximately 25 requests for files. We are proceeding to release these files. Please see comments below regarding a restructuring plan should families wish to leave the file with Imagine Adoption pending further reports.
File Status Requests
BDO recognizes the emotional stress given the uncertainty of a family’s adoption status. We have received calls requesting updates if referrals have occurred, where a file is on the list for a referral, if all documents are in the file. We have attempted to respond through Ms. Barber the prior Imagine Adoption employee doing contract work for BDO as Trustee.
The overall status is that the files of no child matches are generally in the same position as at July 14 when the bankruptcy occurred. This would have been as last communicated to families by a case worker of Imagine Adoption. The continuation of the process will occur after an approved restructuring plan is in place (see below).
Concluded placements from transition home in Ethiopia
The paperwork, placements and travel home for children continues to proceed for children who were in the transition home at July 14th. The transition home costs continue to be funded with the Yamana Gold gift.
The following is the current status of the placements for these children since July 14th.
Travelled Home = 16
Ready to Travel Home by Sept 1 = 18
Waiting Visas – travel expected after Sept. 1 = 3
Court date in August = 1
Court date in October = 5
Children for other Orphanages = 3Additional Child located matched for Court process in October = 1
Total = 47
BDO ensures well being of children in transition home
A short-term priority for BDO, as Trustee, continues to be the care of the children in the transition home. During the week of August 10th, there were parent concerns raised about care and certain children.
BDO obtained a written report, dated August 12, 2009, from the doctor in Ethiopia for the children. He confirmed that there is 24 hour nursing on site, twice weekly physical checkups, menu and nutrition monitoring. They are focused on and prioritizing proper care.
He reported on two specific case concerns being low iron and malnutrition. The iron diagnosis was already identified and considered to be “physiologic anemia of infancy”. Iron supplementing at an early age is associated with increased mortality based on their reports, studies and treatment. They encourage ongoing monitoring by the adoptive family as the child develops. The malnutrition situation was evident when the child was transferred to the transition home and was being addressed.
We will continue to monitor this as concerns are identified as the childrens’ care is a priority.
Post Adoption Reports
Families should continue to send these reports to the Imagine Adoption mailing address or to the BDO Kitchener office mailing address. The Imagine Adoption mail is being forwarded to BDO. Copies are being made for the file as well as being forwarded to the appropriate country representative.
Saint Anne families should have received other instruction as of August 14th. As confirmed by the Ministry of Children and Youth Services, these reports should be forwarded to their offices. They will be translated and sent to Ecuador.
Possible Restructuring Plan
This priority was discussed at the creditor meeting. This is the possibility to file a proposal pursuant to the Bankruptcy and Insolvency Act to allow the organization to be reinstated. A timetable of 2-4 weeks was indicated. This would end at August 28th.
Since July 30th and the creditor direction, there have been numerous discussions and meetings along with shared information to address this priority of a possible reinstatement of Imagine Adoption. The financial needs along with family, creditor and other stakeholder requirements have been the focus of all discussions.
BDO along with the proposed new Board continues to work on this priority. We plan to provide a draft to certain stakeholders, including the Inspectors, within the next two weeks. This will keep us on track with the 2-4 week timetable originally estimated.
Ghana Families
There have been several discussions with one particular representative for the Ghana families as well as the Inspectors (see below). We have continued to discuss Ghana with the licensing Ministry and legal counsel/adoption expert. The Ghana program may be a concern given government statements during 2008/9 of possible child trafficking by the contact orphanage and the Canadian contact.
The restructuring plan involves many issues including assessing countries to continue with adoption relations. There has never been an adoption completed from Ghana by Imagine Adoption. Thus, Ghana may require an independent review of relations and possible future adoption activity given the lack of answers to the issues surrounding Ghana adoptions. This is being considered for the restructuring proposal.
Inspectors
There was a second meeting of the Inspectors during the week of August 10th. They have provided comments and direction to the Trustee in considering communication, the proposal restructuring, family considerations and other matters of this bankruptcy. We expect to post some details of these meetings to this web site shortly so that all creditors are up to date on those meetings.
Conclusion
Thank you for your continued patience. BDO was providing very frequent updates until July 31st. The past two weeks has seen few updates given the other ongoing work. We will update the website regularly as information becomes available and provide some comment by Monday August 24th.
Sincerely
BDO Dunwoody Limited
Trustee in Bankruptcy
Tuesday, August 18, 2009
FIA TRUSTEE LIASON COMMITTEE – POST PLACEMENT ADOPTION REPORTS
After discussions with BDO, it has been determined that all Post Placement Reports should be completed as per the required time frame that was originally set out by Imagine Adoption. Once the reports are completed by your practitioner, they have instructed us to inform the families to forward the reports to the old address of Imagine Adoption which is as follows:
780 King Street East, Cambridge, Ontario, N3H 3N9
All mail received at the above noted address has been forwarded to BDO and all reports will land on the desk of Jo Ann Barber. Jo Ann has committed and insured us that once the reports are received, they will be copied and placed in to the family’s file and the original will be forwarded to Martha for the Ethiopian office.
It is noted that although you have paid funds to Imagine Adoption for Post Placement reports, it is likely that you will have to pay your practitioner directly for the preparation.
What is very important to acknowledge is that the Post Placement Reports are a very important part of the adoption process and not completing these follow up reports can hamper the relations with Ethiopia and could have a negative effect for all future adoptions
Respectfully,
Lianne Armstrong
Chair, FIA Trustee Liaison Committee
780 King Street East, Cambridge, Ontario, N3H 3N9
All mail received at the above noted address has been forwarded to BDO and all reports will land on the desk of Jo Ann Barber. Jo Ann has committed and insured us that once the reports are received, they will be copied and placed in to the family’s file and the original will be forwarded to Martha for the Ethiopian office.
It is noted that although you have paid funds to Imagine Adoption for Post Placement reports, it is likely that you will have to pay your practitioner directly for the preparation.
What is very important to acknowledge is that the Post Placement Reports are a very important part of the adoption process and not completing these follow up reports can hamper the relations with Ethiopia and could have a negative effect for all future adoptions
Respectfully,
Lianne Armstrong
Chair, FIA Trustee Liaison Committee
Friday, August 14, 2009
Update on today's Inspectors' meeting - Message from FIA Committee
Today there was an Inspectors' meeting held with BDO. The Inspectors were
advised by BDO that the proposal is progressing and the restructuring group
still anticipate having a proposal prepared within the four week timeframe.
BDO will post a general update on their website tomorrow by 5pm, and minutes of
both Inspectors' meetings (July 30 and today's) will be posted on BDO's website
early next week.
The next Inspectors' meeting is scheduled for August 24, 2009.
Regards,
Lianne Armstrong
Chair, FIA Trustee Liaison Committee
advised by BDO that the proposal is progressing and the restructuring group
still anticipate having a proposal prepared within the four week timeframe.
BDO will post a general update on their website tomorrow by 5pm, and minutes of
both Inspectors' meetings (July 30 and today's) will be posted on BDO's website
early next week.
The next Inspectors' meeting is scheduled for August 24, 2009.
Regards,
Lianne Armstrong
Chair, FIA Trustee Liaison Committee
Wednesday, August 12, 2009
Message from FIA Committee
I’ve had confirmation that Jo Ann’s file information for Ethiopian families awaiting referrals has been cross-referenced with information from lawyer, Ted Giesbrecht, collected in Ethiopia.
That said, before you call Jo Ann (BDO) it’s important to know that she will NOT be able to indicate where your file is vis-à-vis others. There exists no such “list” - this was a concept developed by waiting families trying to guess how much longer their wait for a referral might be.
Referrals are made based on the age, gender, number of children requested, and the date the dossier arrived in Ethiopia.
I appreciate that families may wish to suggest that list categories should be developed, but given the many other pressing issues involved in trying to take the agency out of bankruptcy, investing the time to do so is not feasible - it would extend restructuring timelines, which would increase trustee costs, and ultimately extend the time we have to wait for our referrals.
It’s also important to keep in mind that - though it’s certainly your right and choice to call the trustee - each call can slow the restructuring efforts and increase costs (as the saying goes, “time is money”). The FIA committee would be happy to collect your questions - many are similar - then get answers by making ONE call to the trustee and then sharing the answers with you.
Again, the timeline BDO provided on when we should hear information regarding restructuring plans was two to four weeks, and this Thursday marks two weeks. As hard as the wait is, we’re still on schedule, and should get information about the restructuring plans within the next two and a half weeks.
With thanks,
Christine Starr
Chair, FIA Steering Committee
That said, before you call Jo Ann (BDO) it’s important to know that she will NOT be able to indicate where your file is vis-à-vis others. There exists no such “list” - this was a concept developed by waiting families trying to guess how much longer their wait for a referral might be.
Referrals are made based on the age, gender, number of children requested, and the date the dossier arrived in Ethiopia.
I appreciate that families may wish to suggest that list categories should be developed, but given the many other pressing issues involved in trying to take the agency out of bankruptcy, investing the time to do so is not feasible - it would extend restructuring timelines, which would increase trustee costs, and ultimately extend the time we have to wait for our referrals.
It’s also important to keep in mind that - though it’s certainly your right and choice to call the trustee - each call can slow the restructuring efforts and increase costs (as the saying goes, “time is money”). The FIA committee would be happy to collect your questions - many are similar - then get answers by making ONE call to the trustee and then sharing the answers with you.
Again, the timeline BDO provided on when we should hear information regarding restructuring plans was two to four weeks, and this Thursday marks two weeks. As hard as the wait is, we’re still on schedule, and should get information about the restructuring plans within the next two and a half weeks.
With thanks,
Christine Starr
Chair, FIA Steering Committee
Sunday, August 9, 2009
Ministry Update
The Government of Ontario, Ministry of Children and Youth Services has
updated information on their website.
Below is the link to the website followed by the text that has been
"copy and pasted from the website.
http://cts.vresp.com/c/?AdoptionCouncilofOnt/83f2142b51/b82c9ac8f3/abeb7dae9f
Information from Government of Ontario website- Ministry of Children
and Youth Services-
Update on Imagine/KidsLink International Bankruptcy- August 6, 2009
Questions & Answers
1. What is the government doing to help families affected by the
bankruptcy of Imagine Adoption/Kids Link?
The Canadian High Commission and Ethiopian child protection
authorities are working to ensure the safety of kids in transition
homes. The ministry is working with federal Minister of Citizenship,
Immigration and Multiculturalism, Jason Kenney, who is assisting with
expediting visas for kids whose adoptions are completed.
The Ministry continues to work closely with BDO Dunwoody, the
bankruptcy trustee, to look into all possible options to assist
adoptive families who have been matched with children and those at
other stages of the process, including whether there are other
agencies that can help. The trustee is working to assist families in
all provinces that have been affected by the bankruptcy.
2. Can the ministry confirm that families’ confidential documents are
secure? How can families access their files?
All of the agency’s documents are with the bankruptcy trustee and the
ministry is working with the trustee to ensure confidentiality. All of
the agency’s documents are with the bankruptcy trustee and the
ministry is working with the trustee to ensure confidentiality. For
families who simply want their files, please provide instructions in
writing to the trustee as to who should get your file (yourself or
agency). The trustee will address these requests and forward files.
3. Are the children currently in transition homes being well-cared
for?
The ministry’s priority right now is to make sure that the children in
the transition homes in Ethiopia are safe and that those who have
completed adoptions can make it safely to Canada.
The Canadian High Commission and Ethiopian child protection
authorities are working to ensure their safety. A lawyer with years of
experience in adoptions spent one week in Ethiopia on behalf of the
trustee and found that the children in the transition home are safe
and well-cared for. The trustee recently received a significant
financial donation that will go toward the ongoing operation of the
transition homes and ensure the well-being of the children staying
there.
4. When will the trustee’s plan be ready?
The ministry is working with the trustee to look into all possible
options to assist adoptive families who have been matched with
children and those at other stages of the process. A formal plan is
being prepared. However, an exact release date is not available at
this time.
5. How can families receive up to date information on the status of
the ministry’s and trustee’s work?
The ministry has information on this website for families to get
updates and a help line at 416-326-6510 has been established to
respond to inquiries. Families are also encouraged to continue
checking the BDO Dunwoody website at bdo.ca/imagineadoption.
6. What is the status of Saint Anne Adoption Centre?
The ministry is working with the trustee to better understand the
relationship between Imagine Adoption/Kids Link and Saint Anne
Adoption Centre, which facilitates adoptions from Ecuador, Brazil,
Columbia and Haiti. The ministry understands that records of these
agencies have been secured, has contacted the adoption authorities in
Ecuador and is working to maintain open lines of communication.
7. What is the status of the Ghana program?
The ministry knows that Imagine Adoption/Kids Link did match two
Ontario families with children in Ghana as prospective adoptive
families. Once the ministry was informed that the orphanage in Ghana -
Hands of Mercy – was, the Letters of No Objection, provided by the
ministry and required for immigration, were withdrawn for both of the
families. The orphanage in Ghana was closed in June 2009.
The ministry is following up with the federal government to get an
update on the status of the orphanage.
8. How could Imagine Adoption/Kids Link have gone bankrupt when the
ministry renewed its licence last October? Are the government’s
licensing requirements not strict enough?
The ministry has some of the most comprehensive international adoption
licensing requirements in Canada to ensure the safety of children.
This agency was in compliance with the Intercountry Adoption Act,
which ensures that an agency has the capacity to complete adoptions in
a safe and appropriate manner.
As private corporations, international adoption agencies have Boards
of Directors who are responsible for ensuring appropriate financial
management and controls are in place in accordance with the
Corporations Act. The ministry took action as soon as it became aware
of Imagine Adoption/Kids Link’s financial situation.
9. Does Imagine Adoption/Kids Link receive funding from the Ministry
of Children and Youth Services?
No, the ministry does not provide any funding to the agency.
International adoption agencies, including Imagine Adoption/Kids Link,
operate on a fee for service basis.
10. What about the status of my home study?
You can call the Ministry’s help line at 416-326-6510 to inquire about
the status of your home study. Your home study is portable, so if you
choose to go to a different agency to continue the adoption process,
you will not have to start at the beginning of the home study process.
updated information on their website.
Below is the link to the website followed by the text that has been
"copy and pasted from the website.
http://cts.vresp.com/c/?AdoptionCouncilofOnt/83f2142b51/b82c9ac8f3/abeb7dae9f
Information from Government of Ontario website- Ministry of Children
and Youth Services-
Update on Imagine/KidsLink International Bankruptcy- August 6, 2009
Questions & Answers
1. What is the government doing to help families affected by the
bankruptcy of Imagine Adoption/Kids Link?
The Canadian High Commission and Ethiopian child protection
authorities are working to ensure the safety of kids in transition
homes. The ministry is working with federal Minister of Citizenship,
Immigration and Multiculturalism, Jason Kenney, who is assisting with
expediting visas for kids whose adoptions are completed.
The Ministry continues to work closely with BDO Dunwoody, the
bankruptcy trustee, to look into all possible options to assist
adoptive families who have been matched with children and those at
other stages of the process, including whether there are other
agencies that can help. The trustee is working to assist families in
all provinces that have been affected by the bankruptcy.
2. Can the ministry confirm that families’ confidential documents are
secure? How can families access their files?
All of the agency’s documents are with the bankruptcy trustee and the
ministry is working with the trustee to ensure confidentiality. All of
the agency’s documents are with the bankruptcy trustee and the
ministry is working with the trustee to ensure confidentiality. For
families who simply want their files, please provide instructions in
writing to the trustee as to who should get your file (yourself or
agency). The trustee will address these requests and forward files.
3. Are the children currently in transition homes being well-cared
for?
The ministry’s priority right now is to make sure that the children in
the transition homes in Ethiopia are safe and that those who have
completed adoptions can make it safely to Canada.
The Canadian High Commission and Ethiopian child protection
authorities are working to ensure their safety. A lawyer with years of
experience in adoptions spent one week in Ethiopia on behalf of the
trustee and found that the children in the transition home are safe
and well-cared for. The trustee recently received a significant
financial donation that will go toward the ongoing operation of the
transition homes and ensure the well-being of the children staying
there.
4. When will the trustee’s plan be ready?
The ministry is working with the trustee to look into all possible
options to assist adoptive families who have been matched with
children and those at other stages of the process. A formal plan is
being prepared. However, an exact release date is not available at
this time.
5. How can families receive up to date information on the status of
the ministry’s and trustee’s work?
The ministry has information on this website for families to get
updates and a help line at 416-326-6510 has been established to
respond to inquiries. Families are also encouraged to continue
checking the BDO Dunwoody website at bdo.ca/imagineadoption.
6. What is the status of Saint Anne Adoption Centre?
The ministry is working with the trustee to better understand the
relationship between Imagine Adoption/Kids Link and Saint Anne
Adoption Centre, which facilitates adoptions from Ecuador, Brazil,
Columbia and Haiti. The ministry understands that records of these
agencies have been secured, has contacted the adoption authorities in
Ecuador and is working to maintain open lines of communication.
7. What is the status of the Ghana program?
The ministry knows that Imagine Adoption/Kids Link did match two
Ontario families with children in Ghana as prospective adoptive
families. Once the ministry was informed that the orphanage in Ghana -
Hands of Mercy – was, the Letters of No Objection, provided by the
ministry and required for immigration, were withdrawn for both of the
families. The orphanage in Ghana was closed in June 2009.
The ministry is following up with the federal government to get an
update on the status of the orphanage.
8. How could Imagine Adoption/Kids Link have gone bankrupt when the
ministry renewed its licence last October? Are the government’s
licensing requirements not strict enough?
The ministry has some of the most comprehensive international adoption
licensing requirements in Canada to ensure the safety of children.
This agency was in compliance with the Intercountry Adoption Act,
which ensures that an agency has the capacity to complete adoptions in
a safe and appropriate manner.
As private corporations, international adoption agencies have Boards
of Directors who are responsible for ensuring appropriate financial
management and controls are in place in accordance with the
Corporations Act. The ministry took action as soon as it became aware
of Imagine Adoption/Kids Link’s financial situation.
9. Does Imagine Adoption/Kids Link receive funding from the Ministry
of Children and Youth Services?
No, the ministry does not provide any funding to the agency.
International adoption agencies, including Imagine Adoption/Kids Link,
operate on a fee for service basis.
10. What about the status of my home study?
You can call the Ministry’s help line at 416-326-6510 to inquire about
the status of your home study. Your home study is portable, so if you
choose to go to a different agency to continue the adoption process,
you will not have to start at the beginning of the home study process.
Message from the Steering Committee
Hello Families of Imagine Adoption (FIA),
We wanted to touch base and acknowledge how difficult it’s been not to have received news of further developments since the creditors meeting on July 30. This silence however, is not indicative of a lack of progress.
Indeed, since our unanimous vote to move in the direction of reactivating the agency's operations, the FIA committee has been working to arrange a meeting with Federal Government officials to ensure key relationships with the countries in which IA operated - in particular with the appropriate adoption authorities - are being maintained.
The committee is also exploring possible strategies to raise funds that might be needed if and when a restructuring proposal is accepted.
We’ve also been in contact with international adoption lawyer, Ted Giesbrecht - sent by BDO to ensure the children's safety and assess IA's operations in Ethiopia - to discuss the necessary key components of any viable restructuring proposal, and the status of IA's relationships/contracts with various orphanages. The goal is to collect as much info as possible so that we can share it with you and so we all can make an informed decision regarding a proposed restructuring plan.
Our relationship with the Ontario Ministry of Child and Youth Services is being maintained. They’ve assured us that they’re committed to assisting us with restructuring efforts. However, the timeframe for when the proposal that has been submitted to BDO will be shared at the discretion of the trustee. On July 31, BDO posted a statement entitled Creditor Meeting and Future Activity which speaks to the timelines we should expect:
In this statement they indicated that "the next milestone is in 2 to 4 weeks with a report regarding a future governance structure, impact on creditor claims, family/adoption file management, business and financial requirements as well as Bankruptcy Court Process."
The inspector’s first meeting with the trustee is also scheduled for August 13. If you’d like more info on the role of the inspectors please read the following handout at: http://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br01509.html
Finally, we know you have questions/concerns about the status of your files. Jo Anne Barber (former IA employee and appointed inspector), has begun to field these questions. She’s only available weekday mornings and has asked that any requests for this information be sent to her by email at Joann@imagineadoption.ca. Note: status info won’t include where your file is vis-à-vis or other files waiting for referrals.
Although we can’t guarantee ultimate outcomes, all efforts possible are being made to move us towards the implementation if a viable restructuring plan for all the FIA, including continuous improvement of our internal communications vehicles so you’re always updated of new developments.
Warm regards,
Christine Starr
Chair, FIA Steering Committee
We wanted to touch base and acknowledge how difficult it’s been not to have received news of further developments since the creditors meeting on July 30. This silence however, is not indicative of a lack of progress.
Indeed, since our unanimous vote to move in the direction of reactivating the agency's operations, the FIA committee has been working to arrange a meeting with Federal Government officials to ensure key relationships with the countries in which IA operated - in particular with the appropriate adoption authorities - are being maintained.
The committee is also exploring possible strategies to raise funds that might be needed if and when a restructuring proposal is accepted.
We’ve also been in contact with international adoption lawyer, Ted Giesbrecht - sent by BDO to ensure the children's safety and assess IA's operations in Ethiopia - to discuss the necessary key components of any viable restructuring proposal, and the status of IA's relationships/contracts with various orphanages. The goal is to collect as much info as possible so that we can share it with you and so we all can make an informed decision regarding a proposed restructuring plan.
Our relationship with the Ontario Ministry of Child and Youth Services is being maintained. They’ve assured us that they’re committed to assisting us with restructuring efforts. However, the timeframe for when the proposal that has been submitted to BDO will be shared at the discretion of the trustee. On July 31, BDO posted a statement entitled Creditor Meeting and Future Activity which speaks to the timelines we should expect:
In this statement they indicated that "the next milestone is in 2 to 4 weeks with a report regarding a future governance structure, impact on creditor claims, family/adoption file management, business and financial requirements as well as Bankruptcy Court Process."
The inspector’s first meeting with the trustee is also scheduled for August 13. If you’d like more info on the role of the inspectors please read the following handout at: http://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br01509.html
Finally, we know you have questions/concerns about the status of your files. Jo Anne Barber (former IA employee and appointed inspector), has begun to field these questions. She’s only available weekday mornings and has asked that any requests for this information be sent to her by email at Joann@imagineadoption.ca. Note: status info won’t include where your file is vis-à-vis or other files waiting for referrals.
Although we can’t guarantee ultimate outcomes, all efforts possible are being made to move us towards the implementation if a viable restructuring plan for all the FIA, including continuous improvement of our internal communications vehicles so you’re always updated of new developments.
Warm regards,
Christine Starr
Chair, FIA Steering Committee
Minutes of Creditor's Meeting
The minutes of the creditor's meeting are now available at the following link:
http://www.bdo.ca/extranets/imagineadoption/docs/Minutes%20of%20First%20General%20Meeting%20of%20Creditors.PDF
http://www.bdo.ca/extranets/imagineadoption/docs/Minutes%20of%20First%20General%20Meeting%20of%20Creditors.PDF
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