§14922 Process for Accreditation and Approval; Role of Accrediting Entities

Summary

The Secretary must make agreements with one or more qualified groups and call them accrediting entities. A qualified group is either a nonprofit that knows how to make and run standards for child welfare services and meets rules the Secretary sets, or a state public agency that does the same, only accredits agencies inside that state, and meets the Secretary’s rules. These accrediting entities must follow the Convention, this part of the law, and the rules under section 14923. Accrediting entities must approve and accredit agencies and people who do Convention adoptions, keep checking that they follow the rules, and handle complaints. They can require fixes, impose sanctions, or refuse, suspend, or cancel approval or accreditation, and must tell the agency or person what problems caused the action. They must keep records and report data to the Secretary, the U.S. central authority, state courts, and others as the Secretary requires. Within 90 days after getting federal money under section 14943, an accrediting entity must report to the Senate Committee on Foreign Relations and the House Committee on Foreign Affairs the amount received and how it was used. An agency or person can reapply after fixing problems. Adverse actions cannot be reviewed administratively, but may be challenged in U.S. district court, which will review the action under section 706 and treat the accrediting entity as an agency under section 701. Fees for accreditation must be approved by the Secretary, cannot be more than the actual cost, and the Secretary must consider the size, location, and number of Convention cases when approving fees.