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42 U.S.C. § 14952 — Enforcement

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

42 U.S.C. § 14952 — Enforcement

**(a) Civil penalties** Any person who— (1) violates [section 14921 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14921&num=0&edition=prelim); (2) makes a false or fraudulent statement, or misrepresentation, with respect to a material fact, or offers, gives, solicits, or accepts inducement by way of compensation, intended to influence or affect in the United States or a foreign country— (A) a decision by an accrediting entity with respect to the accreditation of an agency or approval of a person under subchapter II; (B) the relinquishment of parental rights or the giving of parental consent relating to the adoption of a child in a case subject to the Convention; or (C) a decision or action of any entity performing a central authority function; or (3) engages another person as an agent, whether in the United States or in a foreign country, who in the course of that agency takes any of the actions described in paragraph (1) or (2), shall be subject, in addition to any other penalty that may be prescribed by law, to a civil money penalty of not more than $50,000 for a first violation, and not more than $100,000 for each succeeding violation. **(b) Civil enforcement** (1) **Authority of Attorney General** — The Attorney General may bring a civil action to enforce subsection (a) against any person in any United States district court. (2) **Factors to be considered in imposing penalties** — In imposing penalties the court shall consider the gravity of the violation, the degree of culpability of the defendant, and any history of prior violations by the defendant. **(c) Criminal penalties** Whoever knowingly and willfully violates paragraph (1) or (2) of subsection (a) shall be subject to a fine of not more than $250,

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Source file: Laws/federal/codes/united-states-code/title-42/section-14952-enforcement--f8b485e1f7.md
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Source location: Title 42, Chapter 143, § 14952; chapter-143-intercountry-adoptions.md

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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.

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

42 U.S.C. § 622 — State plans for child welfare services

**(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

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

42 U.S.C. § 14921 — Responsibilities of the Attorney General

In addition to such other responsibilities as are specifically conferred upon the Attorney General by this chapter, the central authority functions specified in Article 14 of the Convention (relating to the filing of applications by prospective adoptive parents to the central authority of their country of residence) shall be performed by the Attorney General.

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

42 U.S.C. § 14952 — Special rules for certain cases

Page 8658 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14951 suant to Article 46(2)(a) of the Convention, with transi- tion rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title. SUBCHAPTER V—GENERAL PROVISIONS § 14951. Recognition of Convention adoptions Subject to Article 24 of the Convention, adop- tions concluded between two other Convention countries that meet the requirements of Article 23 of the Convention and that became final be- fore the date of entry into force of the Conven- tion for the United States shall be recognized thereafter in the United States and given full ef- fect. Such recognition shall include the specific effects described in Article 26 of the Convention. (Pub. L. 106–279, title V, § 501, Oct. 6, 2000, 114 Stat. 843.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pur- suant to Article 46(2)(a) of the Convention, with transi- tion rule, see section 505(a)(2), (b) of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title. § 14952. Special rules for certain cases (a) Authority to establish alternative procedures for adoption of children by relatives To the extent consistent with the Convention, the Secretary may establish by regulation alter- native procedures for the adoption of children by individuals related to them by blood, mar- riage, or adoption, in cases subject to the Con- vention. (b) Waiver authority (1) In general Notwithstanding any other provision of this chapter, to the extent consistent with the Convention, the

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