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42 U.S.C. § 14912 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) **Accredited agency** — The term “accredited agency” means an agency accredited under subchapter II to provide adoption services in the United States in cases subject to the Convention.
(2) **Accrediting entity** — The term “accrediting entity” means an entity designated under [section 14922(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14922/a&num=0&edition=prelim) to accredit agencies and approve persons under subchapter II.
(3) **Adoption service** — The term “adoption service” means—
(A) identifying a child for adoption and arranging an adoption;
(B) securing necessary consent to termination of parental rights and to adoption;
(C) performing a background study on a child or a home study on a prospective adoptive parent, and reporting on such a study;
(D) making determinations of the best interests of a child and the appropriateness of adoptive placement for the child;
(E) post-placement monitoring of a case until final adoption; and
(F) where made necessary by disruption before final adoption, assuming custody and providing child care or any other social service pending an alternative placement.
The term “providing”, with respect to an adoption service, includes facilitating the provision of the service.
(4) **Agency** — The term “agency” means any person other than an individual.
(5) **Approved person** — The term “approved person” means a person approved under subchapter II to provide adoption services in the United States in cases subject to the Convention.
(6) **Attorney General** — Except as used in [section 14944 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14944&num=0&edition=prelim), the term “Attorney General”
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Stable record: federal_law:legal_authorities:record_usc_749f4584189335f01a45c7d5
Source file: Laws/federal/codes/united-states-code/title-42/section-14912-definitions--52b990b37d.md
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Source location: Title 42, Chapter 143, § 14912; chapter-143-intercountry-adoptions.md
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As used in this chapter:
(1) **Accredited agency** — The term “accredited agency” means an agency accredited under subchapter II to provide adoption services in the United States in cases subject to the Convention.
(2) **Accrediting entity** — The term “accrediting entity” means an entity designated under [section 14922(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14922/a&num=0&edition=prelim) to accredit agencies and approve persons under subchapter II.
(3) **Adoption service** — The term “adoption service” means—
(A) identifying a child for adoption and arranging an adoption;
(B) securing necessary consent to termination of parental rights and to adoption;
(C) performing a background study on a child or a home study on a prospective adoptive parent, and reporting on such a study;
(D) making determinations of the best interests of a child and the appropriateness of adoptive placement for the child;
(E) post-placement monitoring of a case until final adoption; and
(F) where made necessary by disruption before final adoption, assuming custody and providing child care or any other social service pending an alternative placement.
The term “providing”, with respect to an adoption service, includes facilitating the provision of the service.
(4) **Agency** — The term “agency” means any person other than an individual.
(5) **Approved person** — The term “approved person” means a person approved under subchapter II to provide adoption services in the United States in cases subject to the Convention.
(6) **Attorney General** — Except as used in [section 14944 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14944&num=0&edition=prelim), the term “Attorney General” means the Attorney General, acting through the Commissioner of Immigration and Naturalization.
(7) **Central authority** — The term “central authority” means the entity designated as such by any Convention country under Article 6(1) of the Convention.
(8) **Central authority function** — The term “central authority function” means any duty required to be carried out by a central authority under the Convention.
(9) **Convention** — The term “Convention” means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993.
(10) **Convention adoption** — The term “Convention adoption” means an adoption of a child resident in a foreign country party to the Convention by a United States citizen, or an adoption of a child resident in the United States by an individual residing in another Convention country.
(11) **Convention record** — The term “Convention record” means any item, collection, or grouping of information contained in an electronic or physical document, an electronic collection of data, a photograph, an audio or video tape, or any other information storage medium of any type whatever that contains information about a specific past, current, or prospective Convention adoption (regardless of whether the adoption was made final) that has been preserved in accordance with [section 14941(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14941/a&num=0&edition=prelim) by the Secretary of State or the Attorney General.
(12) **Convention country** — The term “Convention country” means a country party to the Convention.
(13) **Other Convention country** — The term “other Convention country” means a Convention country other than the United States.
(14) **Person** — The term “person” shall have the meaning provided in [section 1 of title 1](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title1-section1&num=0&edition=prelim) and shall not include any agency of government or tribal government entity.
(15) **Person with an ownership or control interest** — The term “person with an ownership or control interest” has the meaning given such term in [section 1320a–3(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a–3/a/3&num=0&edition=prelim).
(16) **Secretary** — The term “Secretary” means the Secretary of State.
(17) **State** — The term “State” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Preemption of inconsistent State law** The Convention and this chapter shall not be construed to preempt any provision of the law of any State or political subdivision thereof, or prevent a State or political subdivision thereof from enacting any provision of law with respect to the subject matter of the Convention or this chapter, except to the extent that such provision of State law is inconsistent with the Convention or this chapter, and then only to the extent of the inconsistency.
**(b) Applicability of the Indian Child Welfare Act** The Convention and this chapter shall not be construed to affect the application of the Indian Child Welfare Act of 1978 ([25 U.S.C. 1901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section1901&num=0&edition=prelim) et seq.).
**(c) Relationship to other laws** Sections 3506(c), 3507, and 3512 of title 44 shall not apply to information collection for purposes of sections 14914, 14922(b)(4), and 14932(d) of this title or for use as a Convention record as defined in this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14901
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Joint development** In order to be eligible for payment under this subpart, a State must have a plan for child welfare services which has been developed jointly by the Secretary and the State agency designated pursuant to subsection (b)(1), and which meets the requirements of subsection (b).
**(b) Requisite features of State plans** Each plan for child welfare services under this subpart shall—
(1) provide that a State agency will administer or supervise the administration of the plan under this subpart;
(2) provide for coordination between the services provided for children under the plan and the services and assistance provided under division A 11 See References in Text note below. of subchapter XX, under the State program funded under part A, under the State plan approved under subpart 2 of this part, under the State plan approved under the State plan approved 22 So in original. under part E, and under other State programs having a relationship to the program under this subpart, with a view to provision of welfare and related services which will best promote the welfare of such children and their families;
(3) include a description of the services and activities which the State will fund under the State program carried out pursuant to this subpart, and how the services and activities will achieve the purpose of this subpart;
(4) contain a description of—
(A) the steps the State will take to provide child welfare services statewide and to expand and strengthen the range of existing services and develop and implement services to improve child outcomes;
(B) the child welfare services staff development and training plans of the State; and
(C) the steps that the State will take to ensure that, with respect to any judicial proceeding involving a child a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 622
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Federal law — U.S. Code and appendices · legal_authorities
There is created and established in the Department of Justice an Immigration and Naturalization Service.
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Federal law — U.S. Code and appendices · legal_authorities
Documents originating in any other Convention country and related to a Convention adoption case shall require no authentication in order to be admissible in any Federal, State, or local court in the United States, unless a specific and supported claim is made that the documents are false, have been altered, or are otherwise unreliable.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14944
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Federal law — U.S. Code and appendices · legal_authorities
In determining the meaning of any Act of Congress, unless the context indicates otherwise—
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Federal law — U.S. Code and appendices · legal_authorities
Page 8647
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14912
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in introductory provisions,
was in the original ‘‘this Act’’, meaning Pub. L. 106–279,
Oct. 6, 2000, 114 Stat. 825, known as the Intercountry
Adoption Act of 2000, which is classified principally to
this chapter. For complete classification of this Act to
the Code, see Short Title note set out under section
14901 of this title and Tables.
Subchapter II, referred to in pars. (1), (2), and (5), was
in the original ‘‘title II’’, meaning title II of Pub. L.
106–279, Oct. 6, 2000, 114 Stat. 830, which enacted sub-
chapter II of this chapter and amended section 622 of
this title. For complete classification of title II to the
Code, see Tables.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 6, 2000, with transition rule, see
section 505(a)(1), (b) of Pub. L. 106–279, set out as an Ef-
fective Dates; Transition Rule note under section 14901
of this title.
ABOLITION OF IMMIGRATION AND NATURALIZATION
SERVICE AND TRANSFER OF FUNCTIONS
For abolition of Immigration and Naturalization
Service, transfer of functions, and treatment of related
references, see note set out under section 1551 of Title
8, Aliens and Nationality.
SUBCHAPTER I—UNITED STATES CENTRAL
AUTHORITY
§ 14911. Designation of central authority
(a) In general
For purposes of the Convention and this chap-
ter—
(1) the Department of State shall serve as
the central authority of the United States;
and
(2) the Secretary shall serve as the head of
the central authority of the United States.
(b) Performance of central authority functions
(1) Except as otherwise provided in this chap-
ter, the Secretary shall be responsible for the
performance of
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14912
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