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42 U.S.C. § 14925 — Universal accreditation requirements

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

42 U.S.C. § 14925 — Universal accreditation requirements

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

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Stable record: federal_law:legal_authorities:usc2024-a6a0da6c7b59d330ac6a0540
Source file: Laws/federal/codes/united-states-code-2024/title-42/section-14925-universal-accreditation-requirements--776fe497f3.md
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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. 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. § 14925. 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 et seq.[, 42 U.S.C. 14944]), and related im- plementing regulations, shall apply to any per- son offering or providing adoption services in connection with a child described in section 1101(b)(1)(F) of title 8, to the same extent as they apply to the offering or provision of adop- tion 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 Inter- country Adoption Act of 2000 (42 U.S.C. 14944[(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 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 connec- tion 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 adop- tion 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 Jan- uary 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 Sec- retary of State is satisfied before the date that is 180 days after January 14, 2013. (Pub. L. 112–276, § 2, Jan. 14, 2013, 126 Stat. 2466.) Editorial Notes REFERENCES IN TEXT The Intercountry Adoption Act of 2000, referred to in subsec. (a), is Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825. Title II of the Act is classified principally to this sub- chapter, and title IV of the Act is classified generally to subchapter IV (§ 14941 et seq.) of 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. This Act, referred to in subsec. (c), is Pub. L. 112–276, Jan. 14, 2013, 126 Stat. 2466, known as the Intercountry Adoption Universal Accreditation Act of 2012. For com- plete classification of this Act to the Code, see Short Title of 2013 Amendment note set out under section 14901 of this title and Tables. CODIFICATION Section was enacted as part of the Intercountry Adoption Universal Accreditation Act of 2012, and not as part of the Intercountry Adoption Act of 2000 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS Pub. L. 112–276, § 4, Jan. 14, 2013, 126 Stat. 2467, pro- vided that: ‘‘In this Act [see Short Title of 2013 Amend- ment note set out under section 14901 of this title], the terms ‘accrediting entity’, ‘adoption service’, ‘Conven- tion adoption’, and ‘person’ have the meanings given those terms in section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14902).’’ SUBCHAPTER III—RECOGNITION OF CON- VENTION ADOPTIONS IN THE UNITED STATES § 14931. Adoptions of children immigrating to the United States (a) Legal effect of certificates issued by the Sec- retary of State (1) Issuance of certificates by the Secretary of State The Secretary of State shall, with respect to each Convention adoption, issue a certificate

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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. § 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

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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. § 14902 — Definitions

Page 8646 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14902 plication before the effective date described in sub- section (a)(2).’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–184, § 1, Oct. 30, 2020, 134 Stat. 897, provided that: ‘‘This Act [amending section 14914 of this title and enacting provisions set out as notes under section 14914 of this title] may be cited as the ‘Intercountry Adoption Information Act of 2019’.’’ SHORT TITLE OF 2013 AMENDMENT Pub. L. 112–276, § 1, Jan. 14, 2013, 126 Stat. 2466, pro- vided that: ‘‘This Act [enacting section 14925 of this title, amending sections 14922 and 14943 of this title, and enacting provisions set out as a note under section 14925 of this title] may be cited as the ‘Intercountry Adoption Universal Accreditation Act of 2012’.’’ SHORT TITLE Pub. L. 106–279, § 1(a), Oct. 6, 2000, 114 Stat. 825, pro- vided that: ‘‘This Act [enacting this chapter and amending section 622 of this title and sections 1101 and 1154 of Title 8, Aliens and Nationality] may be cited as the ‘Intercountry Adoption Act of 2000’.’’ § 14902. Definitions As used in this chapter: (1) Accredited agency The term ‘‘accredited agency’’ means an agency accredited under subchapter II to pro- vide adoption services in the United States in cases subject to the Convention. (2) Accrediting entity The term ‘‘accrediting entity’’ means an en- tity designated under section 14922(a) of this title to accredit agencies and approve persons under subchapter II. (3) Adoption service The term ‘‘adoption service’’ means— (A) identifying a child for adoption and ar- ranging an adoption; (B) securing necessary consent to termi- nation of parental rights and to adoption; (C) performing a background study on a child or a home study on a prospective adop- tive

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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. § 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. § 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. § 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. § 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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