Petaluma family threatens future of children's program
Published: Thursday, September 11, 2008 at 5:40 a.m.
Last Modified: Thursday, September 11, 2008 at 12:26 p.m.
As founder of Children of Chernobyl U.S. Alliance, I now serve as its liaison between American and Belarusian organizations. I am writing to set the record straight regarding the case of Tanya Kazyra, a 16-year-old girl from Belarus, who is visiting the U.S. pursuant to the Chernobyl Children Project in Petaluma. The Chernobyl Children Project is a program like one run by approximately 45 charitable organizations across the U.S. whose focus is to help children from regions affected by the Chernobyl nuclear accident. Collectively, these organizations bring between 1,200 and 1,400 children to the U.S. from Belarus each year, for a four- to eight-week health respite. In many ways, this is similar to exchange programs where U.S. adolescent students are sent to stay with host families abroad for a specified period, with a specified return date.
While in the U.S., the children receive health screenings that, in some cases, diagnose serious health problems. These children are often then able to receive treatment in the U.S., such as cancer treatment, or surgery to correct birth abnormalities or treat other serious medical problems. However, this is not, and has never been, an adoption or immigration program.
Tanya's grandmother, who is her legal guardian, signed a consent form that enabled her to visit the U.S., under supervision of the program, from June through August. This consent specifically provided that her permission did not include "the right of adoption or extension of her stay."
The Zapata family, who had hosted Tanya without incident for eight previous summers, agreed to act as her host family pursuant to the program guidelines. They further agreed that Tanya would return to Belarus on Aug. 5, consistent with her guardian's consent form. They even paid for plane tickets for her return home on this date, representing to program administrators that she would be returned home.
Tanya also agreed to these terms before coming to visit the U.S. The Zapatas were never given any legal custody rights over Tanya. Kazyra under Belarus or U.S. law. The Zapatas have now breached their commitments by refusing to return Tanya to her home in Belarus as scheduled. As could be imagined, the Belarus government, fearing that other host families will unlawfully attempt to adopt or seize participating children, has shut down the program, not only in the U.S., but also in other countries where similar health respite programs exist. As a result, the failure of the Zapatas and Tanya to keep their word is now the direct cause of thousands of children being unable to continue to participate in these international health respite programs.
Many of these children will now be unable to receive medical screenings, dental care, and potentially life-saving treatments, as the Belarus government legitimately fears that host families will attempt similar unauthorized extensions.
To support their position, the Zapata family attorney has suggested that Tanya should be permitted to stay because her visa has not yet expired. In fact, program administrators receive visas that extend for several months beyond their return date, so that they are able to seek continuing medical treatment in the U.S. in the event of an unexpected health emergency. To suggest that the Zapatas and Tanya are not acting contrary to their agreements and legal obligations by not having her return home as scheduled, because her visa has not yet expired, is disingenuous.
It is natural for an adolescent child to make bonds during an exchange-type program.However, this is no reason for a child not to be returned to her home country and family as scheduled and previously agreed to do. The leaders of the U.S. charitable organizations who administer these programs, together with the U.S. State Department, agree with the government of Belarus; Tanya should return home immediately. If she desires to immigrate to the U.S., she should do so consistent with Belarus and U.S. law, as all other children in the program must do.
Cecelia Calhoun, founder of the Children of Chernobyl U.S. Alliance, lives in Ellensburg, Wash.
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