Collapse to view only § 14924. Secretarial oversight of accreditation and approval
- § 14921. Accreditation or approval required in order to provide adoption services in cases subject to the Convention
- § 14922. Process for accreditation and approval; role of accrediting entities
- § 14923. Standards and procedures for providing accreditation or approval
- § 14924. Secretarial oversight of accreditation and approval
- § 14925. Universal accreditation requirements
§ 14921. Accreditation or approval required in order to provide adoption services in cases subject to the Convention
(a) In general
Except as otherwise provided in this subchapter, no person may offer or provide adoption services in connection with a Convention adoption in the United States unless that person—
(1) is accredited or approved in accordance with this subchapter; or
(2) is providing such services through or under the supervision and responsibility of an accredited agency or approved person.
(b) Exceptions
Subsection (a) shall not apply to the following:
(1) Background studies and home studies
(2) Child welfare services
(3) Legal services
(4) Prospective adoptive parents acting on own behalf
(Pub. L. 106–279, title II, § 201, Oct. 6, 2000, 114 Stat. 830.)
§ 14922. Process for accreditation and approval; role of accrediting entities
(a) Designation of accrediting entities
(1) In general
(2) Qualified entitiesIn paragraph (1), the term “qualified entity” means—
(A) a nonprofit private entity that has expertise in developing and administering standards for entities providing child welfare services and that meets such other criteria as the Secretary may by regulation establish; or
(B) a public entity (other than a Federal entity), including an agency or instrumentality of State government having responsibility for licensing adoption agencies, that—
(i) has expertise in developing and administering standards for entities providing child welfare services;
(ii) accredits only agencies located in the State in which the public entity is located; and
(iii) meets such other criteria as the Secretary may by regulation establish.
(b) Duties of accrediting entitiesThe duties described in this subsection are the following:
(1) Accreditation and approval
(2) Oversight
(3) Enforcement
(4) Data, records, and reports
(5) Report on use of Federal fundingNot later than 90 days after an accrediting entity receives Federal funding authorized by section 14943 of this title, the entity shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that describes—
(A) the amount of such funding the entity received; and
(B) how such funding was, or will be, used by the entity.
(c) Remedies for adverse action by accrediting entity
(1) Correction of deficiency
(2) No other administrative review
(3) Judicial review
(d) Fees
(Pub. L. 106–279, title II, § 202, Oct. 6, 2000, 114 Stat. 831; Pub. L. 112–276, § 3(b), Jan. 14, 2013, 126 Stat. 2467.)
§ 14923. Standards and procedures for providing accreditation or approval
(a) In general
(1) Promulgation of regulations
(2) Consideration of views
(3) Applicability of notice and comment rules
(b) Minimum requirements
(1) Accreditation
The standards prescribed under subsection (a) shall include the requirement that accreditation of an agency may not be provided or continued under this subchapter unless the agency meets the following requirements:
(A) Specific requirements
(i) The agency provides prospective adoptive parents of a child in a prospective Convention adoption a copy of the medical records of the child (which, to the fullest extent practicable, shall include an English-language translation of such records) on a date which is not later than the earlier of the date that is 2 weeks before: (I) the adoption; or (II) the date on which the prospective parents travel to a foreign country to complete all procedures in such country relating to the adoption.
(ii) The agency ensures that a thorough background report (home study) on the prospective adoptive parent or parents has been completed in accordance with the Convention and with applicable Federal and State requirements and transmitted to the Attorney General with respect to each Convention adoption. Each such report shall include a criminal background check and a full and complete statement of all facts relevant to the eligibility of the prospective adopting parent or parents to adopt a child under any requirements specified by the central authority of the child’s country of origin under section 14912(b)(3) of this title, including, in the case of a child emigrating to the United States for the purpose of adoption, the requirements of the child’s country of origin applicable to adoptions taking place in such country. For purposes of this clause, the term “background report (home study)” includes any supplemental statement submitted by the agency to the Attorney General for the purpose of providing information relevant to any requirements specified by the child’s country of origin.
(iii) The agency provides prospective adoptive parents with a training program that includes counseling and guidance for the purpose of promoting a successful intercountry adoption before such parents travel to adopt the child or the child is placed with such parents for adoption.
(iv) The agency employs personnel providing intercountry adoption services on a fee for service basis rather than on a contingent fee basis.
(v) The agency discloses fully its policies and practices, the disruption rates of its placements for intercountry adoption, and all fees charged by such agency for intercountry adoption.
(B) Capacity to provide adoption services
(C) Use of social service professionals
(D) Records, reports, and information matters
The agency is capable of—
(i) maintaining such records and making such reports as may be required by the Secretary, the United States central authority, and the accrediting entity that accredits the agency;
(ii) cooperating with reviews, inspections, and audits;
(iii) safeguarding sensitive individual information; and
(iv) complying with other requirements concerning information management necessary to ensure compliance with the Convention, this chapter, and any other applicable law.
(E) Liability insurance
(F) Compliance with applicable rules
(G) Nonprofit organization with state license to provide adoption services
(2) Approval
(3) Renewal of accreditation or approval
(c) Temporary registration of community based agencies
(1) One-year registration period for medium community based agencies
(2) Two-year registration period for small community-based agencies
(3) Criteria for registration
Agencies registered under this subsection shall meet the following criteria:
(A) The agency is licensed in the State in which it is located and is a nonprofit agency.
(B) The agency has been providing adoption services in connection with intercountry adoptions for at least 3 years.
(C) The agency has demonstrated that it will be able to provide the United States Government with all information related to the elements described in section 14914(b) of this title and provides such information.
(D) The agency has initiated the process of becoming accredited under the provisions of this chapter and is actively taking steps to become an accredited agency.
(E) The agency has not been found to be involved in any improper conduct relating to intercountry adoptions.
(Pub. L. 106–279, title II, § 203, Oct. 6, 2000, 114 Stat. 832.)
§ 14924. Secretarial oversight of accreditation and approval
(a) Oversight of accrediting entities
The Secretary shall—
(1) monitor the performance by each accrediting entity of its duties under section 14922 of this title and its compliance with the requirements of the Convention, this chapter, other applicable laws, and implementing regulations under this chapter; and
(2) suspend or cancel the designation of an accrediting entity found to be substantially out of compliance with the Convention, this chapter, other applicable laws, or implementing regulations under this chapter.
(b) Suspension or cancellation of accreditation or approval
(1) Secretary’s authority
The Secretary shall suspend or cancel the accreditation or approval granted by an accrediting entity to an agency or person pursuant to section 14922 of this title when the Secretary finds that—
(A) the agency or person is substantially out of compliance with applicable requirements; and
(B) the accrediting entity has failed or refused, after consultation with the Secretary, to take appropriate enforcement action.
(2) Correction of deficiency
At any time when the Secretary is satisfied that the deficiencies on the basis of which an adverse action is taken under paragraph (1) have been corrected, the Secretary shall—
(A) notify the accrediting entity that the deficiencies have been corrected; and
(B)
(i) in the case of a suspension, terminate the suspension; or
(ii) in the case of a cancellation, notify the agency or person that the agency or person may re-apply to the accrediting entity for accreditation or approval.
(c) Debarment
(1) Secretary’s authority
On the initiative of the Secretary, or on request of an accrediting entity, the Secretary may temporarily or permanently debar an agency from accreditation or a person from approval under this subchapter, but only if—
(A) there is substantial evidence that the agency or person is out of compliance with applicable requirements; and
(B) there has been a pattern of serious, willful, or grossly negligent failures to comply or other aggravating circumstances indicating that continued accreditation or approval would not be in the best interests of the children and families concerned.
(2) Period of debarment
(3) Effect of debarment
(d) Judicial review
(e) Failure to ensure a full and complete home study
(1) In general
(2) Regulations
Regulations promulgated under section 14923 of this title shall provide for—
(A) frequent and careful monitoring of compliance by agencies and approved persons with the requirements of section 14923(b)(A)(ii) 1
1 So in original. Probably should be section “14923(b)(1)(A)(ii)”.
of this title; and(B) consultation between the Secretary and the accrediting entity where an agency or person has engaged in substantial noncompliance with the requirements of section 14923(b)(A)(ii) 1 of this title, unless the accrediting entity has taken appropriate corrective action and the noncompliance has not recurred.
(3) Repeated failures to comply
(4) Failure to comply with certain requirements
(Pub. L. 106–279, title II, § 204, Oct. 6, 2000, 114 Stat. 835.)
§ 14925. Universal accreditation requirements
(a) In general
(b) Effective date
(c) Transition rule
This Act shall not apply to a person offering or providing adoption services as described in subsection (a) in the case of a prospective adoption in which—
(1) an application for advance processing of an orphan petition or petition to classify an orphan as an immediate relative for a child is filed before the date that is 180 days after January 14, 2013; or
(2) the prospective adoptive parents of a child have initiated the adoption process with the filing of an appropriate application in a foreign country sufficient such that the Secretary of State is satisfied before the date that is 180 days after January 14, 2013.
(Pub. L. 112–276, § 2, Jan. 14, 2013, 126 Stat. 2466.)