42 U.S.C. § 14924 — Secretarial oversight of accreditation and approval
submitted 26 years ago by Pub. L. 106-279 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 811 words · no verdicts yet
The Secretary must monitor accrediting entities and may suspend or cancel their designations for substantial noncompliance. The Secretary may also suspend, cancel, or debar agencies and persons in specified circumstances, with judicial review available.
(a) Oversight
The Secretary* must monitor each accrediting entity’s performance under section 14922 and compliance with the Convention*, this chapter, other law, and regulations. The Secretary must suspend or cancel an accrediting entity’s designation if it is substantially out of compliance.
(b) Suspension or cancellation
(1) The Secretary must 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 consulting the Secretary, failed or refused to take appropriate action. (2) When the deficiencies are corrected, the Secretary must notify the accrediting entity; for a suspension, the Secretary must end it, and for a cancellation, must tell the agency or person it may reapply.
(c) Debarment
(1) On the Secretary’s initiative or an accrediting entity’s request, the Secretary may temporarily or permanently debar an agency or person only when substantial evidence shows noncompliance and there has been a pattern of serious, willful, or grossly negligent failures, or other aggravating circumstances showing continued approval would not serve the children’s and families’ best interests. (2) The order must say whether debarment is temporary or permanent. A temporary order must set a date at least three years later when the agency or person may seek withdrawal. (3) An accrediting entity may consider the debarment in later applications by that agency or person, or by an entity in which it has ownership or control.
(d) Judicial review
A person other than a prospective adoptive parent, an agency, or an accrediting entity subject to the Secretary’s final suspension, cancellation, or debarment action may petition the District Court for the District of Columbia or the district court where the person resides or entity is located. The court reviews under 5 U.S.C. § 706.
(e) Failure to ensure a full and complete home study
(1) A willful, grossly negligent, or repeated failure to ensure completion and transmission of a fully compliant home study is substantial noncompliance. (2) Regulations must provide frequent, careful monitoring and consultation between the Secretary and accrediting entity when substantial noncompliance occurs, unless proper correction has been taken and the problem has not returned. (3) Repeated serious, willful, or grossly negligent failures after consultation are a pattern under subsection (c)(1)(B). (4) Failure to meet section 14923(b)(1)(A)(ii) is a serious failure under subsection (c)(1)(B), unless clear and convincing evidence shows it neither intended nor affected the outcome of a decision or proceeding by a United States or origin-country court or other competent authority.
The Secretary* shall—
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
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.
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—
the agency or person is substantially out of compliance with applicable requirements; and
the accrediting entity has failed or refused, after consultation with the Secretary, to take appropriate enforcement action.
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—
notify the accrediting entity that the deficiencies have been corrected; and
in the case of a suspension, terminate the suspension; or
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.
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—
there is substantial evidence that the agency or person is out of compliance with applicable requirements; and
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.
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.
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.
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.
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.
Regulations promulgated under section 14923 of this title shall provide for—
frequent and careful monitoring of compliance by agencies and approved persons with the requirements of section 14923(b)(A)(ii) 1 of this title; and
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.
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).
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.
Source credit: (Pub. L. 106–279, title II, § 204, Oct. 6, 2000, 114 Stat. 835.)
- 2000Enacted · Pub. L. 106-279 · 114 Stat. 835
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-279 on 2000-10-06.
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