
Accrediting entities staggered accreditation/approval validity
periods of three, four, and five years for the initial start-up of Convention
processing in the United States.
From now on, accreditation or approvals will be for four years. ·
If the agency or
person does not wish to be renewed, it will be required to notify the
accrediting entity immediately and complete or transfer its pending Convention
adoption cases and records to an accredited or approved adoption service
provider, under the oversight of the accrediting entity, before accreditation or
approval expires. ·
Temporary
accreditation may not be renewed, but a temporarily accredited agency may apply
for accreditation.
·
For more information,
please see subpart H of the accreditation regulations. Accrediting entities may choose to conduct a site visit to an
accredited/approved adoption service provider to verify continued substantial
compliance. Handling
Complaints The Hague Complaint
Registry a web-based system hosted and monitored by the Department of State
that records complaints against accredited, temporarily accredited, or approved
adoption service providers. Once a
complaint is filed with the Hague Complaint Registry, it will be available to
the accrediting entity for appropriate action. The Department of State will also
monitor the handling of the complaint.
(Note: Federal, State, or
local government officials, foreign Central Authorities, or individuals who are
not party to a specific Convention case are permitted to file complaints
directly with the Hague Complaint Registry without first submitting them to the
accredited agency or approved person.)
As
the end of the period of accreditation or approval approaches, accrediting
entities must advise agencies and persons of the date by which they will need to
apply for renewal of accreditation or approval. This allows the process to be completed
before the previously granted accreditation/approval expires. The accrediting entity must process the
renewal request in a timely fashion.
Monitoring and Review
Accrediting entities are
required to monitor accredited and approved adoption service providers at least
annually after it has been accredited or approved. They do this to ensure that the
organization or individual remains in substantial compliance with the
accreditation and approval standards.
Accredited agencies and approved persons will be required to attest
annually that it has remained in substantial compliance with the standards of 22
CFR Part 96 and to provide supporting documentation.
Accrediting
entities are required to investigate any complaints filed against the agencies
and persons it oversees. When a party to a specific adoption
case has a complaint about an organization, he or she must first submit the
complaint in writing directly to your organization, as well as to the primary
provider in the case (if different).
If the complaint raises an issue of compliance with the Convention, the
IAA, or its implementing
regulations—and it cannot be resolved through the organization’s complaint
process—the party to the adoption case will then be able to file the complaint
with the Hague Complaint Registry.
·
Makes
complaint information available to the accrediting entity that has
oversight;
·
Records
information about action taken to resolve each
complaint;
·
Tracks
compliance with any deadlines applicable to the resolution of complaints;
and
·
Generates
reports to show possible patterns of complaints.
Losing Accreditation
Accrediting entities are required to take adverse action if it determines that an
accredited agency or approved person is not in substantial compliance with the
accreditation or approval standards.
It must decide what adverse action to take based on the seriousness and
type of the violation as well as the extent to which the agency or person has
corrected or failed to correct the deficiencies. Such adverse actions may
include:
·
Suspending
or canceling accreditation or approval;
·
Refusing
to renew accreditation or approval;
·
Requiring
specific corrective action to bring an agency or person into compliance;
and
·
Imposing
other sanctions, including requiring the agency or person to stop providing
adoption services in a particular case or in a specific Convention country.
Accrediting entities refer certain types of substantiated
complaints to State licensing authorities, the Attorney General, or other law
enforcement authorities (22 CFR Part 96.72). The Department of State may also take
adverse action against accredited agencies or approved persons in certain
circumstances.
Permission
to Re-apply
An
agency or person must generally obtain permission from its accrediting entity to
re-apply for accreditation or approval after the accrediting entity has
cancelled or refused to renew its accreditation or approval. The accrediting
entity may grant permission to re-apply only if the agency or person
demonstrates to the accrediting entity’s satisfaction that the specific
deficiencies that led to the cancellation or refusal to renew have been
corrected. Temporarily accredited
agencies whose temporary accreditation has been withdrawn may not re-apply for
temporary accreditation but may seek full accreditation under the conditions set
forth in subpart N of the accreditation regulations.
· Technical Guidance on Becoming Accredited / Approved









PRINTER FRIENDLY VERSION
EMAIL
