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42 U.S.C. § 14932 — Universal accreditation requirements

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

42 U.S.C. § 14932 — Universal accreditation requirements

**(a) In general** The provisions of title II and section 404 of the Intercountry Adoption Act of 2000 ([42 U.S.C. 14901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14901&num=0&edition=prelim) et seq.[, [42 U.S.C. 14944](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14944&num=0&edition=prelim)]), and related implementing regulations, shall apply to any person offering or providing adoption services in connection with a child described in [section 1101(b)(1)(F) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/b/1/F&num=0&edition=prelim), to the same extent as they apply to the offering or provision of adoption services in connection with a Convention adoption. The Secretary of State, the Secretary of Homeland Security, the Attorney General (with respect to section 404(b) of the Intercountry Adoption Act of 2000 ([42 U.S.C. 14944](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14944&num=0&edition=prelim)[(b)])), and the accrediting entities shall have the duties, responsibilities, and authorities under title II and title IV of the Intercountry Adoption Act of 2000 [[42 U.S.C. 14921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14921&num=0&edition=prelim) et seq., 14941 et seq.] and related implementing regulations with respect to a person offering or providing such adoption services, irrespective of whether such services are offered or provided in connection with a Convention adoption. **(b) Effective date** The provisions of this section shall take effect 18 months after January 14, 2013. **(c) Transition rule** This Act shall not apply to a person offering or providing adoption services as described in su

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Stable record: federal_law:legal_authorities:record_usc_efa194fde98757a2a8e6a90c
Source file: Laws/federal/codes/united-states-code/title-42/section-14932-universal-accreditation-requirements--9ce6760a61.md
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Source location: Title 42, Chapter 143, § 14932; chapter-143-intercountry-adoptions.md

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**(a) In general** The provisions of title II and section 404 of the Intercountry Adoption Act of 2000 ([42 U.S.C. 14901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14901&num=0&edition=prelim) et seq.[, [42 U.S.C. 14944](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14944&num=0&edition=prelim)]), and related implementing regulations, shall apply to any person offering or providing adoption services in connection with a child described in [section 1101(b)(1)(F) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1101/b/1/F&num=0&edition=prelim), to the same extent as they apply to the offering or provision of adoption services in connection with a Convention adoption. The Secretary of State, the Secretary of Homeland Security, the Attorney General (with respect to section 404(b) of the Intercountry Adoption Act of 2000 ([42 U.S.C. 14944](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14944&num=0&edition=prelim)[(b)])), and the accrediting entities shall have the duties, responsibilities, and authorities under title II and title IV of the Intercountry Adoption Act of 2000 [[42 U.S.C. 14921](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section14921&num=0&edition=prelim) et seq., 14941 et seq.] and related implementing regulations with respect to a person offering or providing such adoption services, irrespective of whether such services are offered or provided in connection with a Convention adoption. **(b) Effective date** The provisions of this section shall take effect 18 months after January 14, 2013. **(c) Transition rule** This Act shall not apply to a person offering or providing adoption services as described in subsection (a) in the case of a prospective adoption in which— (1) an application for advance processing of an orphan petition or petition to classify an orphan as an immediate relative for a child is filed before the date that is 180 days after January 14, 2013; or (2) the prospective adoptive parents of a child have initiated the adoption process with the filing of an appropriate application in a foreign country sufficient such that the Secretary of State is satisfied before the date that is 180 days after January 14, 2013.

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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. § 14902 — No private right of action

The Convention and this chapter shall not be construed to create a private right of action to seek administrative or judicial relief, except to the extent expressly provided in this chapter.

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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. § 14944 — Documents of other Convention countries

Documents originating in any other Convention country and related to a Convention adoption case shall require no authentication in order to be admissible in any Federal, State, or local court in the United States, unless a specific and supported claim is made that the documents are false, have been altered, or are otherwise unreliable.

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

42 U.S.C. § 14901 — Findings and purposes

Page 8645 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14901 poison control centers. See provisions set out as a note under section 300d–71 of this title. Section 14802, Pub. L. 106–174, § 3, Feb. 25, 2000, 114 Stat. 18, defined ‘‘Secretary’’. Section 14803, Pub. L. 106–174, § 4, Feb. 25, 2000, 114 Stat. 18, established a national toll-free number to be used to access regional poison control centers. See sec- tion 300d–71 of this title. Section 14804, Pub. L. 106–174, § 5, Feb. 25, 2000, 114 Stat. 19, established a nationwide media campaign to educate the public and health care providers about poi- son prevention and the availability of poison control resources in local communities. See section 300d–72 of this title. Section 14805, Pub. L. 106–174, § 6, Feb. 25, 2000, 114 Stat. 19, related to the award of grants to certified re- gional poison control centers. See section 300d–73 of this title. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 106–174, § 1, Feb. 25, 2000, 114 Stat. 18, which provided that Pub. L. 106–174, enacting this chapter, could be cited as the ‘‘Poison Control Center Enhance- ment and Awareness Act’’, was repealed by Pub. L. 108–194, § 4, Dec. 19, 2003, 117 Stat. 2891. CHAPTER 143—INTERCOUNTRY ADOPTIONS Sec. 14901. Findings and purposes. 14902. Definitions. SUBCHAPTER I—UNITED STATES CENTRAL AUTHORITY 14911. Designation of central authority. 14912. Responsibilities of the Secretary of State. 14913. Responsibilities of the Attorney General. 14914. Annual report on intercountry adoptions. SUBCHAPTER II—PROVISIONS RELATING TO ACCREDITATION AND APPROVAL 14921. Accreditation or approval required in order to provide adoption services in cases subject to the Convention. 14922. Process for accreditation and

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 14901

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

42 U.S.C. § 14921 — Accreditation or approval required in

Page 8650 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14921 SUBCHAPTER II—PROVISIONS RELATING TO ACCREDITATION AND APPROVAL § 14921. 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 sub- chapter, no person may offer or provide adoption services in connection with a Convention adop- tion 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 fol- lowing: (1) Background studies and home studies The performance of a background study on a child or a home study on a prospective adop- tive parent, or any report on any such study by a social work professional or organization who is not providing any other adoption serv- ice 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 adop- tion 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 ex- tent not prohibited by the law of the State in which the prospective adoptive parent resides. (Pub. L. 106–279, title II, § 201, Oct. 6, 2000, 114 Stat. 830.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title II of Pub. L. 10

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

42 U.S.C. § 14932 — Adoptions of children emigrating from

Page 8655 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14932 to the adoptive citizen parent domiciled in the United States that the adoption has been granted or, in the case of a prospective adop- tive citizen parent, that legal custody of the child has been granted to the citizen parent for purposes of emigration and adoption, pur- suant to the Convention and this chapter, if the Secretary of State— (A) receives appropriate notification from the central authority of such child’s country of origin; and (B) has verified that the requirements of the Convention and this chapter have been met with respect to the adoption. (2) Legal effect of certificates If appended to an original adoption decree, the certificate described in paragraph (1) shall be treated by Federal and State agencies, courts, and other public and private persons and entities as conclusive evidence of the facts certified therein and shall constitute the cer- tification required by section 1154(d)(2) of title 8. (b) Legal effect of Convention adoption finalized in another Convention country A final adoption in another Convention coun- try, certified by the Secretary of State pursuant to subsection (a) of this section or section 14932(c) of this title, shall be recognized as a final valid adoption for purposes of all Federal, State, and local laws of the United States. (c) Condition on finalization of Convention adop- tion by State court In the case of a child who has entered the United States from another Convention country for the purpose of adoption, an order declaring the adoption final shall not be entered unless the Secretary of State has issued the certificate provided for in subsection (a) with respect to the adoption. (Pub. L. 106–279, title III, § 301, Oct. 6, 2000, 11

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

42 U.S.C. § 14944 — Enforcement

Page 8657 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14944 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. § 14943. Authorization of appropriations; collec- tion of fees (a) Authorization of appropriations (1) In general There are authorized to be appropriated such sums as may be necessary to agencies of the Federal Government implementing the Con- vention and the provisions of this chapter. (2) Availability of funds Amounts appropriated pursuant to para- graph (1) are authorized to remain available until expended. (b) Assessment of fees (1) The Secretary may charge a fee for new or enhanced services that will be undertaken by the Department of State to meet the require- ments of this chapter with respect to inter- country adoptions under the Convention and comparable services with respect to other inter- country adoptions. Such fee shall be prescribed by regulation and shall not exceed the cost of such services. (2) Fees collected under paragraph (1) shall be retained and deposited as an offsetting collec- tion to any Department of State appropriation to recover the costs of providing such services. Such fees shall remain available for obligation until expended. (Pub. L. 106–279, title IV, § 403, Oct. 6, 2000, 114 Stat. 841; Pub. L. 107–228, div. A, title II, § 211(a), Sept. 30, 2002, 116 Stat. 1365; Pub. L. 112–276, § 3(a), Jan. 14, 2013, 126 Stat. 2467.) Editorial Notes

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