The Better Business Bureau Complaint...

Here it is....The Better Business Bureau Complaint....Again the agency remains unaccountable for their actions.  Again, I appreciate all of the support!  Thanks for reading this story and sharing it with whom ever will listen...It is my opinion that this agency needs to treat adoption (both pre & post, successful or failed) with much more care, respect, professionalism, and compassion to protect birth families and adoptive families.  There are enough "what ifs" associated with adoption. An agency's integrity or honesty should not have to be one of them.  P.S.  I apologize for the format of this post as I could not seem to get it all in the same font size. However, here it is..


After filing a complaint with the Better Business Bureau, here are the correspondence's between myself and the agency....

Nature of Complaint:

Contract Issues - A failure to honor a contract or agreement

Problem:

After meeting with birthmother and before signing the contract,we asked the social worker if the birthmother would recieve post partum counseling. We were assured she would recieve that couseling. It says in the contract ...."Birthparent counseling AFTER placement to resolve loss and grief will continue for an estimated 5 hours. If additional counseling over 5 hours to the birthparent(s) is required, the agency will ask the adoptive family to pay for these services" we proceeded with the adoption and paid $3000.00 deposit and signed the contract. Again, at the hospital after the baby was born I asked the same social worker again "Will she be getting the counseling because she seems like she is going to really need it?. The repy was yes. I asked will YOU be giving her that counseling? The reply again was Yes. Needless to say, the birthmother did not recieve that promised counseling. The adoption did fail after having the baby home for almost 6 weeks. Also, about a On December 30 2012 we recived a bill for $583.05 described as "Special services" phone calls, court time, hospital visit charged @ 100.00 hr, travel time charged @ 50.00 hr and milage @ .555 cets per mile. However in the contract it says.."Travel time, milage, hospital visits and court time are additional and will be billed after the termination of parental rights has been has been competed." The parental rights was never completed. I did pay the bill after recieving another statement stating it was "past due" I had also requested our reciepts that we NEVER recieved, and got an email back saying that until we paid that bill they would not send us the receipts. That was 1.25.12 ....we still have not recieved the receipts. Other than that we were provided with generally less than profesional service from this social worker/agency. We were told by another social worker with the they had other complaints on this same social worker we were working with.

Desired Outcome

Desired Settlement:

Apology

Desired Outcome:

Since we would absolutely NOT have proceeded with this adoption, if we would have known that the birthmother would not be receiving post partum counseling. I would like an a written apology for being lied to, and for not honoring the contract. I would also like the value of the five hours of counseling returned (the cost was included in the 3000.00 deposit) I would also like the 583.05 back since according to the contract I should not have been billed for that in the first place. Most importantly, I would like them to make thier contract more clear and transparent

MESSAGE FROM BUSINESS:xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxAfter reviewing Mr.xxxxx statement of the problem, xxxx Adoption xxxxagency. has the following response:
In regard to lack of post-partum counseling received by the birth mother, post-partum counseling was offered on numerous occasions and was declined by the birth mother. One of the major tenets of social work and adoption counseling is not to force any type of service on a client. Services were repeatedly offered and the social worker stated to the birth mother that counseling would be in her best interest, however she continued to decline these services. As with many individuals of this birth mother's generation, she preferred to communicate via text. Attempts to meet with her in person or talk to her via phone were rejected. The only mode of communication that she would respond to was via text, which limited the social worker's ability to provide any sort of counseling to this individual.
Mr. xxxx also takes issue with the bill for "Special Services". Special services are comprised of phone calls, hospital visits, travel time, mileage, etc. While the contract does say special services will be billed after the Termination of Parental Rights is completed, if the adoption placement fails, there is no termination of parental rights. It does not mean that the services were not rendered and are not the responsibility of the potential adoptive family. When an adoption fails, it a devastating experience for all concerned. Adoptive families often feel the need to blame someone for the failure of the adoption. Their anger is often directed at agency personnel. It is also common that fees paid become an issue.
Mr.xxxxx also refers to "receipts" that he never received. The receipts that he is referring to is actually a Fees Paid Statement. The agency does not issue a fees paid statement until fees are paid. Mr. xxxxx paid his bill in full on 2/1/12 and a fees paid statement was mailed out to him on 2/8/12. Fees Paid Statements are generated on a weekly basis.
Mr. xxxxx desired settlement is have money refunded from his initial $3000 deposit. In the Agency Infant Adoption Contract which Mr.xxxx signed on xxxxx, 2011, it clearly states the first deposit of $3000 is non-refundable and non-transferable. In this same contract, under Birth parent Counseling Services, it states the "agency provides counseling services to birth parent(s) AS REQUESTED BY THEM and required by law. This service is free to all birth parents considering adoption and funded by adoptive parent fees. and the cost of $3000 we incur for this is used for the entire program to all birth parents as well as the cost of advertising, answering phone calls, etc. This fee will be paid when we are selected and it IS NON-REFUNDABLE AND NON-TRANSFERABLE." Therefore, due to the language of the contract, no part of the $3000 deposit is refundable. In regard to the $583.05 Mr. Giese paid for Special Services, due to the failure of the adoption, there was no termination of parental rights. Perhaps one could compare this to sending your child to Marquette University and your child does not graduate, you do not get a refund for the tuition.
Again, we are very sorry that this adoption plan failed. We grieve along with our families. We wish Mr.xxxxx and his partner the best in their journey of fostering to adopt.

Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID xxxxx, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I am not angry the adoption failed as I understand that there is always that risk. However, when I directly asked the social worker if the birthmother would recieve post partum counseling, the reply then should have been..."If we can get the birthmother to agree to that part of the counseling process." not "yes". Furthermore, it does say the birthmother will reciece up to five hours of post partum counseling in the cotract. Just as I was directed by the agency and its contract to not discuss the terms of my conract with them, how would I know what kind of contract/terms they have in place with the birthmother?.
As for the "Speacial Services" perhaps the agency should consider having their representing attorney make that portion of their contract a little more transparent and while they are at it, consider wording their "Birthparent Counseling" paragragh a little clearer also. Perhaps then they wouldnt have to argue who's interpretation of thier contract is correct.
As for the comparison of a child going to college, not graduating, and a parent expecting thier money back.....hmmm...Well if the parent had paid for classes but the child was not offered those classes and in return the child couldnt finish her/his program. Then yes I think the right thing for the college to do would have been to give back the money for the classes not provided. Although I dont think that comparrison by the agency is relevant to this complaint and only further showcases their lack of accountibility and unwillingness to offer making changes to thier contract. (as requested in the original complaint)
Please know that we understand a birthmother can change her mind at anytime, and we truly repect that right. I hold birthparents in the highest regard and would never want them to regret their decision. An agencey nor good intetioned adoptive family can control if a change of heart happens. However, if promises have been made verbal or cotractual, they should be honored or at minimal each party could give a little. Not just one party.Regards,


MESSAGE FROM BUSINESS:
Agency social workers, as well as the Assistant Director has had conversations with Mr.xxxx on numerous occasions in regard to his conerns. We will have the contracts reviewed by an adoption attorney who originally authored many of the agency contracts for his review in regards to Mr. xxxxx complaints. There will be no further response from us in regards to these complaints.Better

Business Bureau:
I have reviewed the response made by the business in reference to complaint ID xxxxx, and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
As I appreciate the agency having their contract reviewed by an adoption attorney, I need to know that changes are made. The language in the the contract is extremely misleading and in at least two areas the agency completey did opposite of what the contract states. Without a written apology and proof that the contract has been changed (to protect future clients of Community Adoption Agency) I cannot accept thier response. I would also like to note that the agency in there last response to this complaint, noted they recieved full payment for services from me on 2/1/12 & sent my reciepts/statement of services out on 2/8/12, as of today (2/13/12) I still havent recieved them. That leads me to believe they havent been truthful with that as their agency is in the same town as I reside. They also chose not to accept any responsibility in regards to the lack of professional services I recieved from the social worker on this case, considering I was told (by agency staff) there were other complaints on this particular social worker. I still feel that the agency has not taken any of my complaints seriously and feel they are angered that their contract/protocol/integrity has been challenged. I sincerley hope they make the appropriate changes to their business practices as the adoption process is a delicate, life changing, exciting, and unpredictable journey (for both prospective adotive families and the loving birthparents looking for a forever home for their baby).Regards,

  to this client's continued complaint, the agency would be happy to forward the revised contract when it has been completely reviewed and suggested changes have been sent to us by the agency's attorney. In regards to the fees paid statement which was mailed to the client on 2/8/12, the client states that as of 2/13/12 he had not received such statement. I have verified that the statement was mailed out on 2/8/12, however on today's date, 2/16/12, the agency will send an additional fees paid statement via certified mail. While the agency has experienced complaints in the over 25 years we have been in business, they have been very few and far between. The agency takes all complaints seriously, including Mr.xxxx and works exceptionally hard to meet the needs of both birth parents and adoptive families.





Better Business Bureau:I have reviewed the response made by the business in reference to complaint ID xxxxx, and find that this resolution is satisfactory to me. I am still disappointed that I have not recieved an apology from xxxxxx Adoption Agency in regards to have been told verbally and per the contract I signed misleading/untrue information. I am accepting this response with the hope that in the future they are more honest, and do not offer thier clients misleading contracts or contracts they do not honor (whether or not it's in the agencys favor).

The contract...

Here is the contract.  I have blocked all names and acronyms that were on these documents.  I think you also will find it misleading, contradictory, and, less than transparent.  Please pay special attention to the Birth parent Counseling section of the contract. See if you can figure out how much you would be getting charged from this agency to facilitate an adoption.  How about getting charged for phone calls?  Is it covered in the birth parent counseling deposit as the contract states, or is it in the special services as the contract also states?  After our experience with the agency, it is my opinion that the only thing black and white about this contract is that it is not.   To read  our entire story be sure to check out all of my posts.  Thanks for following, hopefully the infomation in this blog will help someone make informed, better educated decisions when pursuing their own adoption.


 





A surprise in the mail...

     Well I was beginning to think that the negative experience we had with the agency was behind us when I received a surprise in the mail from them.  In an plain, white, legal sized, envelope, addressed to just me on one of those pre-printed address labels, with NO return address was a bill from the agency!  Let me first note that the post mark date on the envelope is Dec. 29, 2011 however both the invoice date and the due date on the bill are Dec. 20, 2011.  Let me also not that it was sent from the same zip code that I live in.  Hmmmm...to my surprise we were being billed separately for talking on the phone to the social worker @ a rate of $100.00 hr, $50.00 hr for travel time, $100.00 per hr for "Racy" to be at court (TPR hearing), and .555 cents per mile travel time. First of all, the way the adoption fees were VERBALLY explained to us we  would  pay a  $3000.00 deposit, and then $14,900.00  (which was to be returned to us if the TPR does not happen) due five days before the TPR hearing.  So as you can imagine I was caught off guard by this bill especially considering the issues we had already had with the agency.  Of course I called the agency office immediately, I was told that these are considered "special services" charges and are additional to the other adoption fees.  What, Really, you have got to be kidding me, was my response.  I said that any reasonable person looking at your explanation of fees would think phone calls between an adoptive family and the social worker to facilitate the adoption would be part of the package.  No I was told, those charges are separate and I was expected to pay the bill promptly.   
     Upon getting off the phone with "Stacy", I investigated the contract further to find a better explanation of these charges.  As I read through the contract I found the sentence that pertained to the charges and come to find out that according to the language of the contract we should NOT be responsible for the charges.  The sentence in the contract reads "Travel time, mileage, hospital visits, and court time are additional and will be billed after the termination of parental has been completed."  I thought to myself since the termination of parental rights were never completed I shouldn't be responsible for the bill.  So, I called the agency back, to discuss with them why I did not feel I was responsible for the bill.  They of course disagreed with me.  I was told that 99.9% of the time the tpr goes through and that I was interpreting the contract wrong.  My response to their "billing person" was, well that is not what the contract says.  Might I add that I think the agency's "billing person" might be mistaken in their percentage of their agency's failed adoption rate. as I know that they were dealing with an unrelated failed adoption (per "Stacy") during our adoption, and this wasn't our first failed adoption with the agency. I was not getting anywhere with the agency staff on this matter.
   After realizing that my relationship with this agency had deteriorated to the point that I knew I would never work with them in the future I decided that I needed to obtain several receipts from them for services that I had paid for and never received proof of payment for.  Such as our home study $2,200.00, profile fee $300.00 and,  birth parent counseling deposit $3000.00.  Keep in mind that I was not requesting copies since we never received a receipt from them to begin with.  I sent an email to "Stacy" requesting these receipts.  I received a reply from her stating that she had forwarded my request to the agency's "billing person" and if I don't receive my receipts in a week to let her know.  I did not receive them in two weeks so I sent an email telling her I hadn't received those receipts yet, and I expected the a.s.a.p.  I never heard back from her after that.  I did however receive an email from the "billing person" stating that she had been given directive to not provide any services to party's with an outstanding balance with the agency.  So as soon as I paid them their approx. $600 she would immediately send me my receipts!  Ummm, I guess I was not aware a business could with hold receipts...especially for service that I had already paid for..many months prior (like 7).  
     A couple weeks went by and I received another plain, white, envelope with no return address on it.  Please keep in mind that EVERY piece of mail we had received from the agency in the previously had a stamp on it with their name and return address.  It was another bill from the agency, with interest and the invoice date on this one wasn't even 30 days from the date on the last bill.  As you can imagine I phoned the agency's "billing person" immediately.  After arguing my case again with this person and realizing I was getting know where I decided to just pay the bill as I did not want this small amount (aprox. $600.00) affecting my credit and did not want to have to deal with in the future.  However I told the "billing Person" I would not pay the 6 dollars in interest, she said she could take that charge off...wow!   I told her I would send the check immediately and she said as soon as she received it she would forward me my receipts.  I sent the check for the full amount on 1.26.12.  I do have the email from the billing person that I am considering posting if I can post it without any body's personal information on it.  Let me add that I did file a complaint with the Better Business Bureau and will post those complaints and subsequent responses in the near future. 
     As the days, and weeks past I had still not received the receipts!  The agency claimed that they sent them out on 2.8.12.  Well that sure isn't immediate like I was told but at least I was getting them.  The February 9th, 10, 11, 12, 13, 14, 15th came still no receipts!  I added that information on one of my responses through the BBB, and in their response they claim that they sent it out however they would send it again priority mail that day (Feb 16th 2012)  that means I should have received it on Feb 17th, well Feb. 17, 18, 19, 20, 21, came and went still no receipts!  I finally received them on the 21st of Feb. and it was not sent priority mail.  Just doesn't seem like their clients are very important considering the agency's continued dishonesty.  The receipts came in the same white, legal sized envelope as before however, magically it had their return address stamp on it and my address was hand written this time.  I have added some of these seemingly meaningless details because they just seem a little suspicious. 
     Now that I feel that I have covered the most important issues we had with this agency, I think you will understand better the agency's response to my BBB  complaint, which I feel really shows some of their true colors and sheds light of their lack of compassion.  Also,  now you will know where I am coming from when you look at the contact.  Thank you again for reading and sharing with anyone that you think this information might help.  You never know who might be considering adoption so please share this blog with everyone, facebook, twitter, email, smoke signals, word of mouth, etc.  If I could give a little piece of advise it would be if you or someone you know is considering adoption don't be afraid to ask an agency lots of questions, even if they are uncomfortable, ask to see the agency's contract and have YOUR lawyer look over it before you sign it...it is worth the $100.00 or so.  Ask about All fees that you will be charged ask for a detailed explanation of the charges,what can they guarantee and what can they not.   I wish everyone nothing but wonderful adoption experiences!  Please continue to check back as I have lots of information yet to post that is sure to get your heart rate up!