View all text of Subchapter II [§ 14921 - § 14925]
§ 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.)