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

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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Stable record: federal_law:legal_authorities:record_usc_e055319377c4b9b52d87f461
Source file: Laws/federal/codes/united-states-code/title-42/section-14911-findings-and-purposes--8cfadb203f.md
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Source location: Title 42, Chapter 143, § 14911; chapter-143-intercountry-adoptions.md

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**(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. § 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. § 14925 — Standards and procedures for providing accreditation or approval

**(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) Th

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

42 U.S.C. § 14914 — Responsibilities of the Secretary of State

**(a) Liaison responsibilities** The Secretary shall have responsibility for— (1) liaison with the central authorities of other Convention countries; and (2) the coordination of activities under the Convention by persons subject to the jurisdiction of the United States. **(b) Information exchange** The Secretary shall be responsible for— (1) providing the central authorities of other Convention countries with information concerning— (A) accredited agencies and approved persons, agencies and persons whose accreditation or approval has been suspended or canceled, and agencies and persons who have been temporarily or permanently debarred from accreditation or approval; (B) Federal and State laws relevant to implementing the Convention; and (C) any other matters necessary and appropriate for implementation of the Convention; (2) not later than the date of the entry into force of the Convention for the United States (pursuant to Article 46(2)(a) of the Convention) and at least once during each subsequent calendar year, providing to the central authority of all other Convention countries a notice requesting the central authority of each such country to specify any requirements of such country regarding adoption, including restrictions on the eligibility of persons to adopt, with respect to which information on the prospective adoptive parent or parents in the United States would be relevant; (3) making responses to notices under paragraph (2) available to— (A) accredited agencies and approved persons; and (B) other persons or entities performing home studies under [section 14921(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14921/b/1&num=0&edition=prelim); (4) ensuring the provision of a background repor

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

42 U.S.C. § 14911 — Designation of central authority

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

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