Adoption agency asks to intervene in Hansen case

A petition filed by an out-of-state adoption agency in the case involving the Russian boy sent back to his homeland by his adopted mother is "new ground," according to a Bedford County court official.

The World Association for Children and Parents filed the petition Tuesday requesting that the county's Circuit Court appoint the agency as a temporary guardian for Justin A. Hansen, the 8-year-old at the center of the controversy.

The agency, based in Washington state, placed the Russian boy with adoptive mother Torry Hansen of Shelbyville last year, but she sent him back to Moscow last month without an adult escort, triggering an international uproar.

The boy's adoptive grandmother, Nancy Hansen, stayed with Justin until they reached an airport in Virginia, but she left him in the care of flight attendants.

The petition also asks the court to launch an investigation to see if the boy was abused and for Hansen to pay support for the child that is still legally hers.

The Hansen's attorney, Trisha Henegar, told the T-G she has not spoken to her clients about the matter as of Wednesday morning and had no further comment.

Circuit Court Clerk Thomas Smith said that the matter would come before Judge Lee Russell, who would "set a court date down the road."

The issue would be on his civil docket during one of Russell's regular court dates, Smith explained, and then a hearing date would be set, "which is normally how it works."

"We're treading new ground," Smith said about the petition. "This is the first time we've ever had one like this before us. This is a completely new case for us."

Smith added that "you are looking at a child that was here and now is in Russia ... this is going to be complicated."

Petition details

Larry Crain, a lawyer for the adoption agency, told the Associated Press that they went to court out of frustration that no one was investigating claims that the Hansens abandoned and endangered the child.

Crain said they wanted to send a message to Russia that somebody in the U.S. cares about what happened to the boy, and said he'd learned late Wednesday afternoon that the Russians are pleased with the court action taken against the women.

"Russian officials believe law enforcement is trying to sweep this under the rug," Crain said.

The petition asks that the court conduct a hearing to determine if the actions by the Hansens in returning the child "may constitute abuse or neglect."

The agency said it reported the abandonment "to all relevant government offices" and contends that the actions of the Hansens constitutes child abuse or neglect as defined in Tennessee state law.

The WACAP also alleges that the Hansens have "inflicted severe emotional injury to this minor child who has now twice been abandoned by both his biological and adoptive parents."

"Since abandoning the minor child, the Respondent Torry Hansen has failed to provide any child support or other financial provision for the care or maintenance of the minor child," the petition claims.

In asking for the appointment of a guardian, the adoption agency asks the court to have the guardian "investigate the circumstances of the child's neglect and abandonment," determine the extent of support required, and make recommendations regarding "the financial support owed to this child ... while permanency planning is pursued on his behalf."

The petition also asked that court-appointed guardian to make recommendations to the court "whether Torry Hansen's parental rights should be terminated so that the child can be made free for adoption by another family."

The WACAP says that the guardian is needed because the boy may be in need of immediate medical or psychological attention "and assessment for the emotional injuries inflicted upon him as a consequence of this abandonment," and urges the court select an attorney as a guardian who has experience in handling international adoptions.

"Vested interest"

The National Council for Adoption has also filed an amicus petition in the case, stating they have a vested interest in the matter "due to its impact on member agencies certified to do Russian adoptions and prospective parents currently awaiting finalization of Russian adoptions."

The group claims it has been interceding on Justin Hansen's behalf through diplomatic efforts internationally and filed an affidavit from Larisa Mason, chair of its International Adoption Committee.

Mason says action should be taken to protect the child's interest and that the Hansens should "be called to account criminally for their actions."

"I submit that the Hansen's actions must be judged as criminal in any enlightened society," Mason says, adding that the family's actions have been "potentially devastating" to adoption agencies.

The affidavit of Dr. Jane Aronson, who has been asked to provide a medical opinion, was also filed in support of the petition. Aronson is CEO and founder of Worldwide Orphans Foundation and has 20 years experience as a specialist in adoption medicine.

"While I do not have access to Justin Hansen's past or current medical records and he is not under my care, this does not limit my ability to express my opinion that he has been subjected, beyond question, to abuse and neglect by Ms. Hansen," Aronson said.

Aronson claims that the Hansens placed the child "at great risk of physical harm" by sending the boy to be picked up by a stranger when he arrived in Moscow.

"He could have been mentally unstable or even a pedophile," Aronson said of the man hired to take the boy to Russian authorities. "This is an appalling action by a parent, with complete disregard for the child's safety and well-being."

Dr. Aronson also stated that the boy has suffered Post-Traumatic Stress Disorder, which has been further complicated by the abandonment.

"Ms. Hansen's abuse, neglect and abandonment have compounded and already difficult and traumatic life for a young boy and his recovery will certainly be extremely challenging."

Jurisdiction questions remain

Since the case brought worldwide attention to Shelbyville last month, local authorities have not been able to file any charges against the Hansens because there is no evidence that any crime was committed in Bedford County.

Sheriff Randall Boyce said last month said that if Nancy Hansen abandoned the child, it didn't happen in the county, and therefore, he can not press charges.

"She left with him hand in hand and left this county with him, went to Nashville, got on an airplane, flew to Washington, D.C., and that's where she separated from him," Boyce said. "When she crossed the Rutherford County line and headed to Nashville, she is out of my jurisdiction."

But Loudoun County, Va. prosecutor Jim Plowman said in a statement four weeks ago that while the conduct of the Hansens was "troubling," the mere fact that the boy flew from Dulles to Moscow does not give him jurisdiction to prosecute the case.

Also, District Attorney General Chuck Crawford has been attempting to set up a video teleconference to speak with the child.

Crawford has said that he doesn't see how they can make a case without speaking to the alleged victim. If abuse charges were filed, the boy would be required to return to Bedford County for a potential trial.

Boyce has also said that officials with the U.S. State Department has said they knew of no laws that were broken when the boy was sent back to Russia.

Meanwhile, Russia and the United States have reached a new bilateral accord on adoptions and expect to sign it within two months,

The boy's return to Russia caused some officials to demand a freeze on foreign adoptions. Russia's parliament, however, defeated a motion last Friday to suspend adoptions to the United States.

-- The Associated Press contributed to this report.