42 U.S.C. § 14922 — Process for accreditation and approval;

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. 106–279, Oct. 6, 2000, 114 Stat. 830, which is classified principally to this subchapter. For complete classification of title II to the Code, see Tables. 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. § 14922. Process for accreditation and approval; role of accrediting entities (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 de- scribed in subsection (b) in accordance with the Convention, this subchapter, and the regu- lations prescribed under section 14923 of this title, and upon entering into each such agree- ment 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 ex- pertise in developing and administering standards for entities providing child wel- fare services and that meets such other cri- teria as the Secretary may by regulation es- tablish; or (B) a public entity (other than a Federal entity), including an agency or instrumen- tality of State government having responsi- bility for licensing adoption agencies, that— (i) has expertise in developing and ad- ministering standards for entities pro- viding 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 Sec- retary 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 Conven- tion. (2) Oversight Ongoing monitoring of the compliance of ac- credited agencies and approved persons with applicable requirements, including review of complaints against such agencies and persons in accordance with procedures established by the accrediting entity and approved by the Secretary. (3) Enforcement Taking of adverse actions (including requir- ing corrective action, imposing sanctions, and refusing to renew, suspending, or canceling ac- creditation or approval) for noncompliance with applicable requirements, and notifying the agency or person against whom adverse actions are taken of the deficiencies necessi- tating the adverse action. (4) Data, records, and reports Collection of data, maintenance of records, and reporting to the Secretary, the United States central authority, State courts, and other entities (including on persons and agen- cies granted or denied approval or accredita- tion), to the extent and in the manner that the Secretary requires. (5) Report on use of Federal funding Not later than 90 days after an accrediting entity receives Federal funding authorized by section 14943 of this title, the entity shall sub- mit a report to the Committee on Foreign Re- 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. 106–279, title II, § 202, Oct. 6, 2000, 114 Stat. 831; Pub. L. 112–276, § 3(b), Jan. 14, 2013, 126 Stat. 2467.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(1), was in the original ‘‘this title’’, meaning title II of Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 830, which is classified principally to this subchapter. For complete classifica- tion of title II to the Code, see Tables. AMENDMENTS 2013—Subsec. (b)(5). Pub. L. 112–276 added par. (5). 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. § 14923. Standards and procedures for providing accreditation or approval (a) In general (1) Promulgation of regulations The Secretary, shall, by regulation, pre- scribe the standards and procedures to be used by accrediting entities for the accreditation of agencies and the approval of persons to pro- vide adoption services in the United States in cases subject to the Convention. (2) Consideration of views In developing such regulations, the Sec- retary shall consider any standards or proce- dures developed or proposed by, and the views of, individuals and entities with interest and expertise in international adoptions and fam- ily social services, including public and pri- vate 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 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 accredi- tation 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 adop- tive parents of a child in a prospective Con- vention adoption a copy of the medical records of the child (which, to the fullest ex- tent 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 adop- tion; or (II) the date on which the prospec- tive parents travel to a foreign country to complete all procedures in such country re- lating to the adoption. (ii) The agency ensures that a thorough background report (home study) on the pro- spective adoptive parent or parents has been completed in accordance with the Conven- tion and with applicable Federal and State requirements and transmitted to the Attor- ney General with respect to each Convention adoption. Each such report shall include a criminal background check and a full and complete statement of all facts relevant to the eligibility of the prospective adopting parent or parents to adopt a child under any requirements specified by the central au- thority of the child’s country of origin under section 14912(b)(3) of this title, including, in the case of a child emigrating to the United States for the purpose of adoption, the re- quirements of the child’s country of origin applicable to adoptions taking place in such country. For purposes of this clause, the term ‘‘background report (home study)’’ in- cludes any supplemental statement sub- mitted by the agency to the Attorney Gen- eral for the purpose of providing information