§14924 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The Secretary must watch how accrediting organizations and the agencies or people they approve follow the rules for international adoptions. The Secretary will check that accrediting groups do their jobs and follow the Convention, this law, and related regulations. If an accrediting group is seriously out of line, the Secretary can suspend or cancel its designation. If an agency or person is seriously out of compliance and the accrediting group fails to take proper action after talking with the Secretary, the Secretary must suspend or cancel that agency’s or person’s accreditation or approval. When problems are fixed, the Secretary will tell the accrediting group and either end a suspension or allow a canceled agency or person to re-apply. The Secretary can also debar (bar) an agency or person from accreditation or approval, temporarily or permanently, if there is strong evidence of noncompliance and a pattern of serious, willful, or grossly negligent failures or other serious problems that would harm children or families. A temporary debarment must include a date, not earlier than 3 years after the order, when the agency or person may ask to lift it. Accrediting groups can consider prior debarments when reviewing new applications. Anyone affected by a final suspension, cancellation, or debarment may ask the U.S. District Court for the District of Columbia or the district where they live to set aside the action; the court will review the action under section 706 of title 5. Failing on purpose, through gross negligence, or repeatedly to complete and send the required background report (home study) under section 14923(b)(1)(A)(ii) is treated as serious noncompliance. Regulations must require frequent monitoring and consultation between the Secretary and accrediting groups when that kind of noncompliance happens. Repeated serious failures after consultation count as a pattern for debarment unless clear and convincing evidence shows the failures did not affect the outcome of any court or other official proceeding in the United States or the child’s country of origin.

Title 42, §14924

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Secretary shall—

(1)monitor the performance by each accrediting entity of its duties under section 14922 of this title and its compliance with the requirements of the Convention, this chapter, other applicable laws, and implementing regulations under this chapter; and

(2)suspend or cancel the designation of an accrediting entity found to be substantially out of compliance with the Convention, this chapter, other applicable laws, or implementing regulations under this chapter.

(b)(1)The Secretary shall suspend or cancel the accreditation or approval granted by an accrediting entity to an agency or person pursuant to section 14922 of this title when the Secretary finds that—

(A)the agency or person is substantially out of compliance with applicable requirements; and

(B)the accrediting entity has failed or refused, after consultation with the Secretary, to take appropriate enforcement action.

(2)At any time when the Secretary is satisfied that the deficiencies on the basis of which an adverse action is taken under paragraph (1) have been corrected, the Secretary shall—

(A)notify the accrediting entity that the deficiencies have been corrected; and

(B)(i)in the case of a suspension, terminate the suspension; or

(ii)in the case of a cancellation, notify the agency or person that the agency or person may re-apply to the accrediting entity for accreditation or approval.

(c)(1)On the initiative of the Secretary, or on request of an accrediting entity, the Secretary may temporarily or permanently debar an agency from accreditation or a person from approval under this subchapter, but only if—

(A)there is substantial evidence that the agency or person is out of compliance with applicable requirements; and

(B)there has been a pattern of serious, willful, or grossly negligent failures to comply or other aggravating circumstances indicating that continued accreditation or approval would not be in the best interests of the children and families concerned.

(2)The Secretary’s debarment order shall state whether the debarment is temporary or permanent. If the debarment is temporary, the Secretary shall specify a date, not earlier than 3 years after the date of the order, on or after which the agency or person may apply to the Secretary for withdrawal of the debarment.

(3)An accrediting entity may take into account the circumstances of the debarment of an agency or person that has been debarred pursuant to this subsection in considering any subsequent application of the agency or person, or of any other entity in which the agency or person has an ownership or control interest, for accreditation or approval under this subchapter.

(d)A person (other than a prospective adoptive parent), an agency, or an accrediting entity who is the subject of a final action of suspension, cancellation, or debarment by the Secretary under this subchapter may petition the United States District Court for the District of Columbia or the United States district court in the judicial district in which the person resides or the agency or accrediting entity is located to set aside the action. The court shall review the action in accordance with section 706 of title 5.

(e)(1)Willful, grossly negligent, or repeated failure to ensure the completion and transmission of a background report (home study) that fully complies with the requirements of section 14923(b)(1)(A)(ii) of this title shall constitute substantial noncompliance with applicable requirements.

(2)Regulations promulgated under section 14923 of this title shall provide for—

(A)frequent and careful monitoring of compliance by agencies and approved persons with the requirements of section 14923(b)(A)(ii) 11 So in original. Probably should be section “14923(b)(1)(A)(ii)”. of this title; and

(B)consultation between the Secretary and the accrediting entity where an agency or person has engaged in substantial noncompliance with the requirements of section 14923(b)(A)(ii) 1 of this title, unless the accrediting entity has taken appropriate corrective action and the noncompliance has not recurred.

(3)Repeated serious, willful, or grossly negligent failures to comply with the requirements of section 14923(b)(1)(A)(ii) of this title by an agency or person after consultation between Secretary and the accrediting entity with respect to previous noncompliance by such agency or person shall constitute a pattern of serious, willful, or grossly negligent failures to comply under subsection (c)(1)(B).

(4)A failure to comply with the requirements of section 14923(b)(1)(A)(ii) of this title shall constitute a serious failure to comply under subsection (c)(1)(B) unless it is shown by clear and convincing evidence that such noncompliance had neither the purpose nor the effect of determining the outcome of a decision or proceeding by a court or other competent authority in the United States or the child’s country of origin.

Notes & Related Subsidiaries

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 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 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 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 Oct. 6, 2000, with transition rule, see section 505(a)(1), (b) of Pub. L. 106–279, set out as an

Effective Date

s; Transition Rule note under section 14901 of this title.

§14924 Secretarial Oversight of Accreditation and Approval

Summary

Title 42, §14924

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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