Hague Implementation




FREQUENTLY ASKED QUESTIONS BY APPLICANTS APPLYING FOR ACCREDITATION/APPROVAL

Intercountry Adoption Act of 2000
22 CFR Part 96
Accreditation and Approval Regulations




 

 

Q. What does a provider have to do to continue working on Convention adoption cases after the Convention enters into force in the United States?


A. Any agency or person that is providing adoption services in the United States in connection with a Convention adoption must be:


  • An accredited agency, a temporarily accredited agency, or approved person;
  • A supervised provider; or
  • An exempted provider.


Q. What happens if an agency or person seeks accreditation or approval, but will never be acting as a primary provider in a particular Convention adoption case?


A. In order to be accredited or approved, you must be found to be in substantial compliance with all applicable standards.  The standards in 96.44 (Acting as the primary provider) and in 96.45 (Using Supervised Providers in the United States and 96.46 (Using providers in Convention countries) are applicable to all adoption service providers seeking accreditation or approval even if the agency or person does not intend to act as a primary provider.  If an adoption service provider cannot meet these standards, then it may want to consider acting as a supervised provider.  If an adoption service provider does not ever plan to act as a primary provider, then it may also want to consider acting as a supervised provider.



Q. What happens if an agency or person provides one of the adoption services and seeks to become accredited or approved?


A. The agency or person seeking accreditation or approval must still substantially comply with all the standards, even though the standards cover adoption services that the agency or person itself has not provided, does not want to provide, or says it will not be providing.  As stated in the Intercountry Adoption Act, to be accredited or approved, an adoption service provider must demonstrate that it has the capacity to provide all adoption services, either directly or through arrangements with others. 


Q. What happens if a provider who could be an exempted provider seeks accreditation or approval?


A. Even though an exempted provider could decide not to become accredited or approved, once it seeks accreditation or approval it must substantially comply with all the standards, not just the standards related to providing the exempted services (home study or child background report).



Q. What happens if an agency or person provides adoption services in a Convention case without being accredited, temporarily accredited, approved, supervised, or exempt?


A. Civil and/or criminal penalties can be imposed for providing adoption service without being accredited, temporarily accredited, approved, supervised; or exempt.

If you are providing any one of the six adoption services (see 22 CFR 96.2 for list of adoption services) in connection with a Convention adoption, you must be an accredited agency, temporarily accredited agency, approved person, supervised provider, or an exempted provider.


Q. Can an agency or person choose between becoming accredited/approved and becoming a supervised provider?


A. Yes, an agency or person providing adoption services in connection with a Convention adoption can choose to become accredited, temporarily accredited, approved, or, alternatively, it can act as a supervised provider.  It could also be an exempted provider under certain circumstances, as provided in 22 CFR Part 96.


Q. Does a provider who performs only home studies and post-placement monitoring have to substantially comply with all the standards in order to be accredited or approved?


A. Yes.  Such a provider has a choice about whether to be an accredited agency/approved person or to act as a supervised provider.  But once it chooses to become an accredited agency or approved person, it must substantially comply with all the standards for full accreditation. 


Q. Does the accredited agency or approved person handling “child placement” have to act as the primary provider?


A. Under 96.14, in each Convention adoption case, an accredited agency (or temporarily accredited agency) or approved person must identify itself as the primary provider for that particular case. The AEs will be checking accredited agency and approved person case files to make certain that, in every Convention case, an accredited agency or approved person has identified itself as the primary provider.  However, the accredited agency, temporarily accredited agency, or approved person acting as the primary provider for a particular case may be the one providing any one of the six adoption services (as defined).

If there is more than one accredited agency, temporarily accredited agency, or approved person providing adoption services in a Convention adoption case, then 96.14 provides a rule for who has to act as the primary.  In that situation, the accredited agency or approved person that has child placement responsibility must act as the primary provider for that case. The factors for discerning who has child placement responsibility are listed in 96.14(a).

The Hague Implementation Unit in the State Department’s Office of Children’s issues and the Accrediting Entities are here to assist you. Please contact us through AdoptionUSCA@state.gov with any questions and monitor our website on the Hague Convention on Intercountry Adoption for developments and news.
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*This document provides a general overview of certain elements of 22 CFR Part 96, the regulation governing the accreditation and approval of intercountry adoption service providers under the Intercountry Adoption Act of 2000.  It is not a substitute for the actual regulation, nor is it a comprehensive summary of the regulation.  In the case of any inconsistencies between this document and the regulation itself, the language of the regulation governs.