The heightened mental health concerns associated with adopted children unfortunately lead to many failed adoptions, often referred to as “disrupted.” Failed adoptions drive a disturbing underground phenomenon—the “private re-homing” of children, arranged online and with little to no government regulation. Adoptive parents, finding themselves overwhelmed and unequipped to deal with behavioral issues stemming from their adopted children’s mental health conditions, take to the internet—forums on Facebook or message boards on Yahoo, for example—to find a new home for the child, much like you would see for a family pet. The practice has become an underground lawless market for unwanted adopted children.
The U.S. Constitution’s Eighth Amendment prohibits the infliction of cruel and unusual punishment. This provision of the Eighth Amendment embodies the “broad and idealistic concepts of dignity, civilized standards, humanity, and decency.” Jackson v. Bishop, 404 F.2d 571, 579 (CA 1968). In Estelle v. Gamble, 429 U.S. 97 (1976), the U.S. Supreme Court ruled that the government has an obligation to provide medical care for incarcerated individuals. The Supreme Court noted that the denial of such care could result in pain, suffering, torture, or death.
Section 7105 of Title 22 of the U.S. Code, the Trafficking Victims Protection Reauthorization Act (TVPRA), a provision enacted in 2005 to specifically protect trafficking victims, entitles individuals to education and training for trafficked persons, promotes safe integration into appropriate communities, and provides physical and legal assistance, including immigration benefits.