42 U.S.C. § 14924: Secretarial oversight of…

Summary

The Secretary must watch how each accrediting entity does its job and follow the Convention, this chapter, other laws, and regulations. If an accrediting entity is seriously out of compliance, the Secretary must suspend or cancel its official status. The Secretary must also suspend or cancel an agency’s or person’s accreditation or approval when the agency or person is substantially out of compliance and the accrediting entity, after talking with the Secretary, fails to take proper action. If the problems are fixed, the Secretary must end a suspension or let a canceled agency or person reapply. The Secretary can temporarily or permanently debar (bar) an agency or person from accreditation or approval when there is substantial evidence of noncompliance and a pattern of serious, willful, or grossly negligent failures or other bad circumstances that harm children and families. A temporary debarment must set a date not earlier than 3 years after the order when the barred party may ask to lift it. Accrediting entities may consider such debarments when reviewing future applications, including for related entities the barred party controls. A person, agency, or accrediting entity affected by a final suspension, cancellation, or debarment (except a prospective adoptive parent) may ask a U.S. district court to review the action under 5 U.S.C. 706. Repeated or willful failures to complete the required home study report under section 14923(b)(1)(A)(ii) count as substantial noncompliance and trigger monitoring, consultation, and possible debarment unless clear and convincing evidence shows the failure did not affect a court’s decision.

Title 42, §14924

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

(a)Oversight of accrediting entities

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)Suspension or cancellation of accreditation or approval

(1)Secretary’s authority

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)Correction of deficiency

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)Debarment

(1)Secretary’s authority

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)Period of debarment

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)Effect of debarment

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)Judicial review

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)Failure to ensure a full and complete home study

(1)In general

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

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

(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 failures to comply

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)Failure to comply with certain requirements

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

Citations & Metadata