
Private
U.S. adoption service providers generally will not be permitted to provide
adoption services in intercountry adoption cases involving the United States and
a Convention country unless it is accredited, temporarily accredited, approved,
or is supervised by an accredited agency, temporarily accredited agency, or
approved person. The
accreditation regulations set standards for accreditation and approval that are
designed to ensure that U.S. accredited agencies and approved persons perform
their duties in accordance with the Hague
Adoption Convention and the Intercountry
Adoption Act (IAA).
If
your organization engages only in intercountry adoptions between the United
States and another country that is not a Convention country, it will
not need to be accredited, temporarily accredited, or approved. Adoption
Services 1.
Identifying
a child for adoption and arranging an adoption; 2.
Securing
consent to termination of parental rights and to adoption; 3.
Performing
a home study and report on prospective adoptive parent(s) or a background study
and report on a child; 4.
Making
a non-judicial determination of a child’s best interests and of the
appropriateness of an adoptive placement; 5.
Monitoring
a case after a child has been placed with prospective adoptive parent(s) until
final adoption; and 6.
Assuming
custody of a child and providing childcare or any other social service when
necessary because of a disruption pending alternative
placement. Eligibility
for Accreditation Ø
Nonprofit
Agencies apply for accreditation Ø
Individuals
or for-profit organizations apply for approval A
Convention country is not required to permit accredited agencies or approved
persons to operate in its territory; it may insist that adoption services be
handled by governmental authorities instead. An adoption service provider may
not provide adoption services in another Convention country unless it is
authorized to do so under that country’s laws. Accrediting
Entities ü
Colorado
Department of Human Services The
Department of State will monitor these accrediting entities to ensure that each
performs its functions in compliance with the Convention, the IAA and its
implementing regulations, other applicable laws, and the accrediting entity
agreement.
Performing Adoption Services Without
Accreditation The IAA and its implementing
regulations created the accreditation process to accredit agencies and to
approve persons to act as primary
providers in Convention cases. The intent was to give prospective
adoptive parents one accredited/approved adoption service provider that would be
responsible for implementing a service plan to provide (either directly or
through arrangements with other providers) all of the adoption services in
connection with a Convention adoption.
Organizations
and individuals that provide any one of six adoption services must be accredited, temporarily accredited,
approved, or supervised. The
six adoption services are:
Private
nonprofit and for-profit organizations and individuals are eligible to apply.
Under the accreditation regulations, nonprofit organizations (called agencies) may apply to be accredited or temporarily accredited to provide intercountry adoptions
under the Convention. For-profit organizations and individuals (both called persons) may apply to be approved. (With a few exceptions,
there is no difference between the services accredited agencies and approved
persons can provide.)
The
Department of State has designated two accrediting entities to perform
accreditation functions. They
are:
An agency or person engaged in intercountry adoptions does not
necessarily have to apply for accreditation or approval to perform adoption
services in Convention adoptions. It may instead choose to
work under the
supervision of another provider that is accredited or
approved, or to provide only certain limited services that may be provided in
Convention cases without being accredited or approved or supervised. It may also choose to provide services
only in cases not subject to the Convention. We encourage agencies and
persons to choose the path that makes the most sense for their
organization.
The categories
supervised and exempted providers were
specifically created by the IAA and its implementing regulations to enable
smaller or specialized providers to operate under the Hague system in the United
States and to work in concert with primary providers. The fact that such a
provider is not “accredited” or “approved” does not reflect negatively on the
provider’s ability to provide a particular adoption service. It simply
reflects the fact that such a provider is not in a position to act as a primary
provider.
There is also a
difference between legal services and adoption
services. In short, legal
services are services other than the adoption services defined above that relate to providing legal
advice and information, and drafting legal documents (see 22 CFR 96.2).
Attorneys need to
look closely at their practices to determine whether they are providing adoption
services as defined in addition to legal services. If an attorney is providing adoption
services s/he must be accredited, approved, or act under the supervision of an
accredited or approved adoption service provider.









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