Browse Arkansas Code titles and sections

42 U.S.C. § 14931 — Secretarial oversight of accreditation and approval

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

42 U.S.C. § 14931 — Secretarial oversight of accreditation and approval

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14931

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: bd7754600ba077380eb32e3884d53d6e196da644f4105c3c896128c11142ac7a. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_d4726c753a33bee933cbf07e
Source file: Laws/federal/codes/united-states-code/title-42/section-14931-secretarial-oversight-of-accreditation-and-approval--8e0fddd1ca.md
Pages: Not recorded – Not recorded
Passage SHA-256: f2c36a916a359bdc6bf55a0c5b86d7378d99010ba85e1b83e8ce4932b1d0e786

Source location: Title 42, Chapter 143, § 14931; chapter-143-intercountry-adoptions.md

Stored source content

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14922&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14922&num=0&edition=prelim) 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** — The Secretary’s debarment order shall state whether the debarment is temporary or permanent. If the debarment is temporary, the Secretary shall specify a date, not earlier than 3 years after the date of the order, on or after which the agency or person may apply to the Secretary for withdrawal of the debarment. (3) **Effect of debarment** — An accrediting entity may take into account the circumstances of the debarment of an agency or person that has been debarred pursuant to this subsection in considering any subsequent application of the agency or person, or of any other entity in which the agency or person has an ownership or control interest, for accreditation or approval under this subchapter. **(d) Judicial review** A person (other than a prospective adoptive parent), an agency, or an accrediting entity who is the subject of a final action of suspension, cancellation, or debarment by the Secretary under this subchapter may petition the United States District Court for the District of Columbia or the United States district court in the judicial district in which the person resides or the agency or accrediting entity is located to set aside the action. The court shall review the action in accordance with [section 706 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706&num=0&edition=prelim). **(e) Failure to ensure a full and complete home study** (1) **In general** — Willful, grossly negligent, or repeated failure to ensure the completion and transmission of a background report (home study) that fully complies with the requirements of [section 14923(b)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14923/b/1/A/ii&num=0&edition=prelim) shall constitute substantial noncompliance with applicable requirements. (2) **Regulations** — Regulations promulgated under [section 14923 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14923&num=0&edition=prelim) shall provide for— (A) frequent and careful monitoring of compliance by agencies and approved persons with the requirements of section 14923(b)(A)(ii) 11 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** — Repeated serious, willful, or grossly negligent failures to comply with the requirements of [section 14923(b)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14923/b/1/A/ii&num=0&edition=prelim) by an agency or person after consultation between Secretary and the accrediting entity with respect to previous noncompliance by such agency or person shall constitute a pattern of serious, willful, or grossly negligent failures to comply under subsection (c)(1)(B). (4) **Failure to comply with certain requirements** — A failure to comply with the requirements of [section 14923(b)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14923/b/1/A/ii&num=0&edition=prelim) shall constitute a serious failure to comply under subsection (c)(1)(B) unless it is shown by clear and convincing evidence that such noncompliance had neither the purpose nor the effect of determining the outcome of a decision or proceeding by a court or other competent authority in the United States or the child’s country of origin.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

5 U.S.C. § 706 — Scope of review

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall— (1) compel agency action unlawfully withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 706

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

42 U.S.C. § 14923 — 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** — The performance of a background study on a child or a home study on a prospective adoptive parent, or any report on any such study by a social work professional or organization who is not providing any other adoption service in the case, if the background or home study is approved by an accredited agency. (2) **Child welfare services** — The provision of a child welfare service by a person who is not providing any other adoption service in the case. (3) **Legal services** — The provision of legal services by a person who is not providing any adoption service in the case. (4) **Prospective adoptive parents acting on own behalf** — The conduct of a prospective adoptive parent on his or her own behalf in the case, to the extent not prohibited by the law of the State in which the prospective adoptive parent resides.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14923

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

42 U.S.C. § 14922 — Annual report on intercountry adoptions

**(a) Reports required** Beginning 1 year after the date of the entry into force of the Convention for the United States and each year thereafter, the Secretary, in consultation with the Attorney General and other appropriate agencies, shall submit a report describing the activities of the central authority of the United States under this chapter during the preceding year to the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on the Judiciary of the House of Representatives and the Committee on Foreign Relations, the Committee on Finance, and the Committee on the Judiciary of the Senate. **(b) Report elements** Each report under subsection (a) shall set forth with respect to the year concerned, the following: (1) The number of intercountry adoptions involving immigration to the United States, regardless of whether the adoption occurred under the Convention, including the country from which each child emigrated, the State to which each child immigrated, and the country in which the adoption was finalized. (2) The number of intercountry adoptions involving emigration from the United States, regardless of whether the adoption occurred under the Convention, including the country to which each child immigrated and the State from which each child emigrated. (3) The number of Convention placements for adoption in the United States that were disrupted, including the country from which the child emigrated, the age of the child, the date of the placement for adoption, the reasons for the disruption, the resolution of the disruption, the agencies that handled the placement for adoption, and the plans for the child, and in addition, any information regarding disruption or dissolution of adoptions of children from other countries received pursuan

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14922

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

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

42 U.S.C. § 14931 — Adoptions of children immigrating to the

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. § 14931

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.