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42 U.S.C. § 14925 — Standards and procedures for providing accreditation or approval

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14925 — Standards and procedures for providing accreditation or approval

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Source file: Laws/federal/codes/united-states-code/title-42/section-14925-standards-and-procedures-for-providing-accreditation-or-approval--a0f095e8dc.md
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Source location: Title 42, Chapter 143, § 14925; chapter-143-intercountry-adoptions.md

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**(a) In general** (1) **Promulgation of regulations** — The Secretary, shall, by regulation, prescribe the standards and procedures to be used by accrediting entities for the accreditation of agencies and the approval of persons to provide adoption services in the United States in cases subject to the Convention. (2) **Consideration of views** — In developing such regulations, the Secretary shall consider any standards or procedures developed or proposed by, and the views of, individuals and entities with interest and expertise in international adoptions and family social services, including public and private entities with experience in licensing and accrediting adoption agencies. (3) **Applicability of notice and comment rules** — Subsections (b), (c), and (d) of [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) shall apply in the development and issuance of regulations under this section. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14912/b/3&num=0&edition=prelim), 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* — The agency has, directly or through arrangements with other persons, a sufficient number of appropriately trained and qualified personnel, sufficient financial resources, appropriate organizational structure, and appropriate procedures to enable the agency to provide, in accordance with this chapter, all adoption services in cases subject to the Convention. (C) *Use of social service professionals* — The agency has established procedures designed to ensure that social service functions requiring the application of clinical skills and judgment are performed only by professionals with appropriate qualifications and credentials. (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* — The agency agrees to have in force adequate liability insurance for professional negligence and any other insurance that the Secretary considers appropriate. (F) *Compliance with applicable rules* — The agency has established adequate measures to comply (and to ensure compliance of their agents and clients) with the Convention, this chapter, and any other applicable law. (G) *Nonprofit organization with state license to provide adoption services* — The agency is a private nonprofit organization licensed to provide adoption services in at least one State. (2) **Approval** — The standards prescribed under subsection (a) shall include the requirement that a person shall not be approved under this subchapter unless the person is a private for-profit entity that meets the requirements of subparagraphs (A) through (F) of paragraph (1) of this subsection. (3) **Renewal of accreditation or approval** — The standards prescribed under subsection (a) shall provide that the accreditation of an agency or approval of a person under this subchapter shall be for a period of not less than 3 years and not more than 5 years, and may be renewed on a showing that the agency or person meets the requirements applicable to original accreditation or approval under this subchapter. **(c) Temporary registration of community based agencies** (1) **One-year registration period for medium community based agencies** — For a 1-year period after the entry into force of the Convention and notwithstanding subsection (b), the Secretary may provide, in regulations issued pursuant to subsection (a), that an agency may register with the Secretary and be accredited to provide adoption services in the United States in cases subject to the Convention during such period if the agency has provided adoption services in fewer than 100 intercountry adoptions in the preceding calendar year and meets the criteria described in paragraph (3). (2) **Two-year registration period for small community-based agencies** — For a 2-year period after the entry into force of the Convention and notwithstanding subsection (b), the Secretary may provide, in regulations issued pursuant to subsection (a), that an agency may register with the Secretary and be accredited to provide adoption services in the United States in cases subject to the Convention during such period if the agency has provided adoption services in fewer than 50 intercountry adoptions in the preceding calendar year and meets the criteria described in paragraph (3). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14914/b&num=0&edition=prelim) 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14901 — Relationship to other laws

**(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

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14911 — Findings and purposes

**(a) Findings** Congress recognizes— (1) the international character of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at The Hague on May 29, 1993); and (2) the need for uniform interpretation and implementation of the Convention in the United States and abroad, and therefore finds that enactment of a Federal law governing adoptions and prospective adoptions subject to the Convention involving United States residents is essential. **(b) Purposes** The purposes of this chapter are— (1) to provide for implementation by the United States of the Convention; (2) to protect the rights of, and prevent abuses against, children, birth families, and adoptive parents involved in adoptions (or prospective adoptions) subject to the Convention, and to ensure that such adoptions are in the children’s best interests; and (3) to improve the ability of the Federal Government to assist United States citizens seeking to adopt children from abroad and residents of other countries party to the Convention seeking to adopt children from the United States.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 14925 — Universal accreditation requirements

Page 8654 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14925 rective action and the noncompliance has not recurred. (3) Repeated failures to comply Repeated serious, willful, or grossly neg- ligent failures to comply with the require- ments of section 14923(b)(1)(A)(ii) of this title by an agency or person after consultation be- tween Secretary and the accrediting entity with respect to previous noncompliance by such agency or person shall constitute a pat- tern of serious, willful, or grossly negligent failures to comply under subsection (c)(1)(B). (4) Failure to comply with certain require- ments A failure to comply with the requirements of section 14923(b)(1)(A)(ii) of this title shall con- stitute a serious failure to comply under sub- section (c)(1)(B) unless it is shown by clear and convincing evidence that such noncompliance had neither the purpose nor the effect of deter- mining the outcome of a decision or pro- ceeding by a court or other competent author- ity in the United States or the child’s country of origin. (Pub. L. 106–279, title II, § 204, Oct. 6, 2000, 114 Stat. 835.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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 chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables. This subchapter, referred to in subsecs. (c)(1), (3) and (d), was in the original ‘‘this title’’, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is clas- sified principally to this subchapter. For complete clas- sification of title II to the Code, see Tables

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14925

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