Chapter 7:
Refund? What Refund?
While communicating with Lee Slater Janet also began to demand her money back from BBAS. On Sept. 30, 2004 Janet wrote the following letter to Denise Hubbard, carbon copying it to her attorney. The letter gives an accounting of monies spent with BBAS.
Thursday, September 30, 2004
Denise…per our last conversation and per our last email you agreed that if I did not receive an official referral of a child for which I have
desired (according to my homestudy age 0-18 months) your agency would provide a full refund of monies spent in the process of attempting
to adopt a child from your agency. Our agreement was that your agency would provide an acceptable and official referral to me by the ending
of August 18th, 2004.
It is now September 30, 2004 and as of this date there has not been one official referral from your agency. You are well aware that all of my
documents are now outdated and are no longer valid for the area in which your agency has me in.
Your agency, Building Blocks Adoption and your staff, including yourself, have done nothing but give me the run around since June of 2003.
I am expecting a full refund within 3 days of all monies spent. The full refund I expect is $15,000.
If a refund is not sent within 3 days I will be notifying not only the Ohio Better Business Bureau but the Attorney(s) General of both Ohio
(Attorney Petro) and [my state’s] (Attorney XXX).
Below is the amount of monies spent since June of 2003
7/7/03 Super 8 Motel – fingerprinting [town name] $86.39
9/21/03 Radisson in [State Capital] overnight stay for seals: $104.65
1/7/04 Radisson in [State Capital] overnight stay for seals: $161.93
1/21/04 Point of entry INS $140.00
Building Blocks:
Certified Check 2/10/03 $1,300
Certified Check 7/01/03 $3,000
Invoice #2272 10/10/03 $2,500
Invoice #2303 10/28/03 $50.00
Invoice #444052 11/17/03 $50.00
Homestudy: $1,250
UPS Shipping Fees for sending to BBA
10/01/03 $29.89
11/25/03 $17.44
12/17/03 $16.03
1/20/04 $19.75
2/11/04 $16.20
Express Mail
6/26/03 $40.95
7/15/03 $13.65
7/25/03 $13.65
8/26/03 $13.65
10/24/04 $13.65
[State Capital] certifications to paperwork
9/22/03 Azerbaijan $13.00
9/30/03 Azerbaijan $12.00
9/30/03 Azerbaijan $32.00
10/24/03 Azerbaijan $30.00
11/25/03 Azerbaijan $6.00
12/15/03 Azerbaijan $6.00
1/08/04 Azerbaijan $4.00
1/07/04 Azerbaijan $4.00
1/23/04 Republic of Georgia $4.00
2/11/04 Republic of Georgia $4.00
Certified Checks:
6/26/04 County Clerk $31.00
6/26/04 INS $510.00
All miscellaneous Mail, Notary,
UPS, any form of Mail $393.86
(Copies Not Included)
Time off work to supply necessary paperwork requested by your agency, plus gas, mileage and hours
spent to obtain paperwork estimated at $5,000 (hourly wage $27.00 rounded off).
Minimum of 10 trips to [State Capital] $216/day x 10 days = $2,160
Emotional distress – “priceless”
Telephone log of calls made to Building Blocks – not included in costs. A copy of calls and monies
spent calling Building Blocks for updates can be added to costs.
Total of all costs plus emotional distress - $15,000
As of today’s date, September 30, 2004, I remain childless.
Janet Ostrander
[Address]
cc: Attorney NNNNN
Hubbard received it and on Oct. 6 and promptly emailed Janet the following, colored contract for Georgia. Janet specifically cannot remember ever signing a contract for Georgia after she changed from Azerbaijan, but she said she could be wrong.
The contract Denise emailed Janet is reminiscent of her telling us we had signed a contract for Bulgaria; when, in fact, we never did. We cannot prove or disprove Janet Ostrander signed a Georgian contract. She has only a copy of her signed Azerbaijan contract.
The palimpsest Denise Hubbard sent was unsigned and undated. The heading on this is a Hubbard standard. “Just a Reminder of What You Signed”.
ADOPTION SERVICES AGREEMENT
This Agreement is made and entered into this _____ day of ______, 2004 by and between BUILDING BLOCKS ADOPTION SERVICE, INC, an Ohio not-for-profit corporation, hereinafter BUILDING BLOCKS and {CLIENTS}_______________whose present mailing address is _______, hereinafter referred to jointly as {THE ADOPTIVE PARENT(S)}.
THE ADOPTIVE PARENT(S) retained BUILDING BLOCKS to represent them on the adoption of a child from Republic of Georgia. The following are the terms and conditions governing said representation.
3. THE ADOPTIVE PARENT(S) understand that there is risk in foreign adoption and that while BUILDING BLOCKS will diligently assist in the completion of an adoption for THE ADOPTIVE PARENT(S), BUILDING BLOCKS cannot control all aspects of the process nor assure a successful outcome. In the event of an occurrence which impedes the successful outcome of an initial adoption effort, BUILDING BLOCKS will work with THE ADOPTIVE PARENT(S) toward alternative adoption possibilities. The ADOPTIVE PARENT(s) understands that they are responsible to investigate and understand the issues surrounding foreign adoption. The parties acknowledge that BUILDING BLOCKS has made no promises, representations or assurances of any kind of the successful conclusion of the adoption. There are no guarantees of the cooperation and/or agreements of the birth parent(s), foreign authorities or local authorities. Further, the Adoptive Parent(s) agree and acknowledge that there is no guarantee and there is in fact uncertainty concerning the health or genetic make-up of any potentially adoptable child.
7. FOREIGN FEES: THE ADOPTIVE PARENT(S) acknowledge that BUILDING BLOCKS cannot control fees charged by foreign courts, attorneys, foundations, institutions and sources, and that said fees may fluctuate at any time without warning. BUILDING BLOCKS can only guarantee its fees in the total adoption cost. Any and all in-country increases must be assumed by THE ADOPTIVE PARENT(S), regardless of the amount agreed upon in this contract. THE ADOPTIVE PARENT(S) acknowledge and understand that BUILDING BLOCKS cannot specify any time frame for completion of the adoption after the assignment has been made because each adoption is subject to and governed by the laws of the country of the child's origin and the immigration laws of the United States. BUILDING BLOCKS has no control or notice over said laws or changes in said laws. Should THE ADOPTIVE PARENT(S) choose to withdraw from the International adoption program after an assignment has been made, for any reason, all fees paid to BUILDING BLOCKS and its foreign source are forfeited, and no refunds of any nature shall be paid or due. THE ADOPTIVE PARENT(S) understand that BUILDING BLOCKS is unable to guarantee that no new categories of charges will be required, or guarantee that dates scheduled for overseas trips may not be canceled or rescheduled because of events beyond its control. All such costs are the sole risk and responsibility
of THE ADOPTIVE PARENT(S).
8. ADDITIONAL EXPENSES: THE ADOPTIVE PARENT(S) understand that the following expenses are not included in either BUILDING BLOCK'S fees or the foreign source fee and therefore will be the sole responsibility of THE ADOPTIVE PARENT(S): documentation fees, police clearance fees, authentication fees, courier fees, courier fees overseas, medical expenses on behalf of the child, medical expenses on behalf of the adoptive families, shipment of care packages or gifts to the child, visa fees, DNA testing fees, travel to the source country, all travel expenses, passport fees, and pictures. In some rare instances, the foreign source fee may increase during the pending of the adoption due to some unforeseeable situation. BUILDING BLOCKS will use its best efforts to prevent any increase in fees.
9. THE ADOPTIVE PARENT(S) understand and acknowledge that the BUILDING BLOCKS is A CHILD PLACING AGENCY. It is understood, however, that the law of Republic of Georgia requires that the placement of any child is deemed made by the orphanage or governmental institution of that country.
BREECH OF CONTRACT11. THE ADOPTIVE PARENT(S)' Commitment to BUILDING BLOCKS: THE ADOPTIVE PARENT(S) agrees not to pursue other possible child placement through other sources or agencies while this contract is in force. If THE ADOPTIVE PARENT(S) receives a child assignment through any source other than BUILDING BLOCKS, CLIENTS' case will be closed and all fees and expenses due to BUILDING BLOCKS and the foreign source at that time will be promptly paid. All fees previously paid will be retained by BUILDING BLOCKS or the foreign source and no refunds will be issued. THE ADOPTIVE PARENT(S) understand that the adoption of a child through another agency/facilitator or private entity while this contract is pending will cause the foreign source to deny the adoption. The failure to disclose the pendency of any other adoptions shall be considered a material breach of this Agreement. THE ADOPTIVE PARENTS(S) understand that they will not personally or have any other individual contact directly any of BUILDING BLOCKS foreign sources, failure to comply will result in the case being closed and all fees and expenses due to BUILDING BLOCKS and the foreign source at that time will be promptly paid.
12. Interruption of Adoption Services: If, at any time during the adoption process, THE ADOPTIVE PARENT(S) decide to interrupt the adoption procedure for any reason, all fees and expenses due to BUILDING BLOCKS and in the source country at the time of the interruption must be promptly paid and no refunds will be given. All said fees shall be deemed to have been earned. If the case is reactivated, the family must sign a new Adoption Services Agreement. BUILDING BLOCKS may interrupt the process if, in its professional judgment, the placing of the child shall be detrimental to the best interest of the child. Situations in which the interruption of adoption services may be considered include, but are not limited to, the discovery that THE ADOPTIVE PARENT(S) provided false information; change in family structure, such as separation, divorce, or death of a family member; instability in employment or other financial problems; health problems which might adversely affect the placement of a child with THE ADOPTIVE PARENT(S) at that time; criminal or other legal problems; and any other after discovered fact that BUILDING BLOCKS believes will place the child at risk now or in the future.
13. OHIO: the laws of the State of Ohio shall govern This Agreement. Any suit or action brought
hereunder shall be brought only in the Courts of the State of Ohio in the venue in which the Adoption Consultant has its principal place of business. Due to the volatile nature of foreign adoptions, the Adoptive Parent(s) agree that as part of the consideration hereof, any action, claim or suit brought by them for
damages pursuant to the contract shall be limited as follows: any award of damages shall not exceed the
Building Blocks Program fee.
14. No Guarantee of Placement: This Agreement is not intended to guarantee placement of a child. Efforts to adopt children from a foreign country may involve circumstances, which are beyond BUILDING BLOCKS ability to control. BUILDING BLOCKS takes all reasonable precautions to anticipate and avoid such risks, but cannot assure its efforts will always prove successful.
17. THE ADOPTIVE PARENT(S) hereby waive any and all claims they may have now or in the future against BUILDING BLOCKS and its directors, officers, employees and agents, including doctors. We agree to hold BUILDING BLOCKS and its directors, officers, employees and agents, including doctors, harmless against any claims known or unknown now existing or in the future, which may arise out of this Agreement, receipt of services from or adoption through BUILDING BLOCKS. THE ADOPTIVE PARENT(S)' files will be kept strictly confidential except when information must be provided to appropriate third parties during the adoption process. In this case, BUILDING BLOCKS shall disclose both positive and negative information.
18. THE ADOPTIVE PARENT(S) represent and acknowledge that they have read and understand this Agreement and accept it as policies and conditions for working with BUILDING BLOCKS. THE ADOPTIVE PARENTS do agree not to represent BUILDING BLOCKS and its directors, officers, employees and agents, including doctors in a negative format verbally, media related, in a written manner or publicly. In the event of negative representation the adoptive parent(s) agree to award Building Blocks with the equivalent of the program fee for each incident for damages that may or have resulted from negative representation or allegations
Best Regards,
Denise Hubbard
Executive Director
Janet had had it. Even she had her limits Although she was still in communication with Lee Slater, Janet had to do something. She met with her attorney on Oct. 8 and asked him to mail a letter to Denise Hubbard at Building Blocks, demanding her money back. A letter was sent, asking for a $3,000 refund.
On Oct. 24, he received this response from the esteemed Richard J. Marco, Jr.:
October 22, 2004
[Janet Ostrander’s Attorney]
Re: Janet Ostrande
Dear XXX:
I received your letter of October 18, 2004.
I have once again spoken with the representatives of Building Blocks concerning Janet Ostrander. It is apparent that
the communication with Ms. Ostrander was extended and reciprocal. Ms. Ostrander refused the advice of Building Blocks
with respect to countries for adoption. She insisted on participating in countries that had programs placed on hold or for
which Building Blocks was unable to confirm to her that it was an inappropriate choice. In fact, Building Blocks indicated
to her that she should transfer to a separate country. Building Blocks continuously offered to transfer her contract fee to
the other country so that she would not have to pay additional monies.
Unfortunately, Ms. Ostrander continued to follow her own path and ignored the warnings and recommendations of Building
Blocks Adoption Service, Inc. Building Blocks felt constrained to so respond to the letter of October 18, 2004.
Building Blocks Adoption Service, Inc. will consider your request at the next meeting of the Board of Directors scheduled to
be in early November. If we call a meeting before that time, we will once again consider the request. However, I do believe
there will be a short delay in responding to your letter.
Your cooperation in this matter would be appreciated. If you have any questions concerning this, please do not hesitate
Very truly Yours,
Ricahrd J. Marco, Jr.
RJM/v.
Cc: Denise Hubbard
Classic Scumbag Marco. One wonders how far he had to travel to speak with those caring representatives at Building Blocks. The next office over? The Marco, Marco & Bailey’s conference room? The biggest laugh was the meeting of the Board of Directors. Boy, they got a lot accomplished at those, didn’t they?
He was right about a delay in responding to Janet’s attorney, however.
On Dec. 8, Marco sent BBAS response to Janet’s attorney. He said BBAS board had met and instead of the $3,000 Janet’s attorney had requested, the most they would refund her was $1,500.
This was unacceptable. Janet was furious. But her fury would only escalate as the holiday season began.