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42 U.S.C. § 14923 — Accreditation or approval required in order to provide adoption services in cases subject to the Convention
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Stable record: federal_law:legal_authorities:record_usc_d9f77ef7398e7b4f52705c3f
Source file: Laws/federal/codes/united-states-code/title-42/section-14923-accreditation-or-approval-required-in-order-to-provide-adoption-services--bea5f0fe41.md
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Passage SHA-256: 194f91feb8275fd2f83a1b24013ac42e55106ed69929eb789898c21ee15614eb
Source location: Title 42, Chapter 143, § 14923; chapter-143-intercountry-adoptions.md
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**(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.
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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) Designation of accrediting entities**
(1) **In general** — The Secretary shall enter into agreements with one or more qualified entities under which such entities will perform the duties described in subsection (b) in accordance with the Convention, this subchapter, and the regulations prescribed under [section 14923 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14923&num=0&edition=prelim), and upon entering into each such agreement shall designate the qualified entity as an accrediting entity.
(2) **Qualified entities** — In paragraph (1), the term “qualified entity” means—
(A) a nonprofit private entity that has expertise in developing and administering standards for entities providing child welfare services and that meets such other criteria as the Secretary may by regulation establish; or
(B) a public entity (other than a Federal entity), including an agency or instrumentality of State government having responsibility for licensing adoption agencies, that—
(i) has expertise in developing and administering standards for entities providing child welfare services;
(ii) accredits only agencies located in the State in which the public entity is located; and
(iii) meets such other criteria as the Secretary may by regulation establish.
**(b) Duties of accrediting entities** The duties described in this subsection are the following:
(1) **Accreditation and approval** — Accreditation of agencies, and approval of persons, to provide adoption services in the United States in cases subject to the Convention.
(2) **Oversight** — Ongoing monitoring of the compliance of accredited agencies and approved persons with applicable requirements, including review of complaints against such agencies and persons i
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14924
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 14931
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Federal law — U.S. Code and appendices · legal_authorities
Page 8651
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 14923
lations of the Senate and the Committee on
Foreign Affairs of the House of Representa-
tives that describes—
(A) the amount of such funding the entity
received; and
(B) how such funding was, or will be, used
by the entity.
(c) Remedies for adverse action by accrediting
entity
(1) Correction of deficiency
An agency or person who is the subject of an
adverse action by an accrediting entity may
re-apply for accreditation or approval (or peti-
tion for termination of the adverse action) on
demonstrating to the satisfaction of the ac-
crediting entity that the deficiencies necessi-
tating the adverse action have been corrected.
(2) No other administrative review
An adverse action by an accrediting entity
shall not be subject to administrative review.
(3) Judicial review
An agency or person who is the subject of an
adverse action by an accrediting entity may
petition the United States district court in the
judicial district in which the agency is located
or the person resides to set aside the adverse
action. The court shall review the adverse ac-
tion in accordance with section 706 of title 5,
and for purposes of such review the accred-
iting entity shall be considered an agency
within the meaning of section 701 of such title.
(d) Fees
The amount of fees assessed by accrediting en-
tities for the costs of accreditation shall be sub-
ject to approval by the Secretary. Such fees may
not exceed the costs of accreditation. In review-
ing the level of such fees, the Secretary shall
consider the relative size of, the geographic lo-
cation of, and the number of Convention adop-
tion cases managed by the agencies or persons
subject to accreditation or approval by the ac-
crediting entity.
(Pub. L. 1
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14923
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