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Frequently Asked Questions: Temporary Accreditation


Hague Convention Temporary Accreditation: What Your Agency Needs to Know

A Guide to 22 CFR Part 96, Subpart N, Procedures and Standards Relating to Temporary Accreditation, Sections 96.95 – 96.111

* This document provides general responses to frequently asked questions on temporary accreditation, which is addressed in 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 sections dealing with temporary accreditation that are contained in the regulation. In the case of any inconsistencies between this document and the regulation itself, the language of the regulation governs.

 

What is temporary accreditation?

The United States is joining the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, a multilateral treaty done at The Hague on May 29, 1993 (“Convention”). The Convention sets out internationally agreed-upon rules and procedures for adoptions between countries that have a treaty relationship under the Convention. The Intercountry Adoption Act of 2000 (the IAA) is the implementing legislation for the Convention in the United States. Once the United States has joined the Convention, U.S. adoption service providers that wish to perform intercountry adoptions in cases covered by the Convention will generally need to be accredited, temporarily accredited or approved pursuant to procedures and standards established by the United States to ensure Convention compliance. These procedures and standards have been promulgated as regulations by the U.S. Department of State (“Department”) in 22 CFR Part 96. Subpart N of these regulations addresses temporary accreditation. Temporary accreditation is designed to enable small, private, non-profit agencies to provide adoption services in Convention cases for a limited period of time while they transition to full accreditation.*

An agency may apply for temporary accreditation only during this initial application period prior to ratification of the Convention. Temporary accreditation, unlike full accreditation, is not renewable.

*Persons or for-profit organizations may not be temporarily accredited; the IAA does not provide for temporary approval.

Why would my agency seek temporary accreditation?

If your agency wishes to be able to provide adoption services in Convention adoptions when the Convention enters into force for the United States, but feels it needs extra time to complete the full accreditation process, temporary accreditation may be a good option. Y our agency may alternatively choose to act as a supervised provider, working under the supervision and responsibility of an accredited or approved primary provider (for additional information on being a U.S. supervised provider, see 22 CFR 96.14 and 22 CFR 96.45).   Or you may wish to bypass the temporary accreditation process and concentrate on seeking full accreditation from the beginning.

If my agency is temporarily accredited may it automatically operate in all Convention countries?

A Convention country is not required to permit accredited agencies, temporarily accredited agencies, or approved persons to operate in its territory but may insist that governmental authorities handle adoption services 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.

How long will temporary accreditation last?

Unless withdrawn earlier, temporary accreditation will last for one year for agencies that provided adoption services in 50-99 intercountry adoption cases in the calendar year preceding the transitional application deadline (TAD)* and will last for two years for agencies that provided such services in less than 50 intercountry adoption cases during this time period.

In both cases, the temporary accreditation period begins on the day the Convention enters into force for the United States.

* The Transitional Application Deadline (TAD) is the date by which adoption service providers must apply for accreditation or approval if they seek to be accredited by the date the Convention enters into force for the United States. The Department of State will determine this date in consultation with AEs, and announce it in the Federal Register.

Who is eligible to apply for temporary accreditation?

To apply for temporary accreditation, an agency must demonstrate to the satisfaction of an accrediting entity (AE) that it meets all of the following eligibility requirements:

  • It has provided adoption services in fewer than 100 intercountry adoption cases in the calendar year prior to the year in which the TAD falls;
  • It qualifies for non-profit tax treatment under section 501(c)(3) of the Internal Revenue Code or for non-profit status under the law of any State;
  • It is properly licensed under State law to provide adoption services in at least one State;
  • It has a comprehensive plan for applying for and achieving full accreditation before the agency’s temporary accreditation expires, and is taking steps to execute that plan;
  • It is providing intercountry adoption services and has been doing so for the three years preceding the TAD;
  • It has the capacity to maintain and provide to the Department and the AE, within 30 days of request, all information relevant to the Department’s Congressional reporting requirements under Section 104 of the IAA; and,
  • It has not been involved in any improper conduct related to the provision of intercountry adoption or other services, as evidenced in part by the following:
  1. It has maintained its State license without suspension or cancellation for misconduct during the entire period in which it has provided intercountry adoption services; and
  2. In the three years preceding the transitional application deadline, it has not been subject to a finding of fault or liability in any administrative or judicial action or been the subject of any criminal findings of fraud or financial misconduct.

For further information please see 22 CFR 96.96.

Is there an application deadline?

Yes. There is a one-time opportunity for temporary accreditation and applications must be submitted by the TAD. Applications for temporary accreditation submitted after the TAD will not be considered. The evaluation process must also be completed by the deadline for initial accreditation or approval. After these deadlines, the option of temporary accreditation will no longer be available.

What is the application procedure?

Your agency must submit an application, clearly stating that it is applying for temporary accreditation status, together with required fees, to an AE with jurisdiction over the application by the TAD. For more information consult 22 CFR 96.97 or your AE.

May my agency apply for temporary accreditation if it only does home studies?

If your agency meets the above requirements, you may apply for temporary accreditation. Performing home studies is one of the six adoption services for which agencies and persons generally must be accredited, temporarily accredited, approved, or supervised. If that is the only service your agency performs, however, it may be exempt from this requirement. For additional information on exemptions, please see Subpart C of 22 CFR Part 96 and, in particular, 22 CFR 96.13.

May my agency apply for full accreditation and temporary accreditation at the same time?

Your agency may not file applications for both temporary and full accreditation at the same time; if it submits a separate application for full accreditation before the TAD, it waives its opportunity to apply for temporary accreditation. If your agency applies for temporary accreditation, it will, however, need to demonstrate that it has a plan for obtaining full accreditation before its temporary accreditation expires.

Is it possible to convert a temporary accreditation application to an application for full accreditation?

An AE, at its discretion, may permit a conversion if:

  • The AE has determined that the applicant is not eligible for temporary accreditation based on the number of cases it has handled;
  • The applicant has concluded that it can complete the full accreditation process sooner than expected; or,
  • The AE deems it appropriate for any other reason.

Conversion of an application for temporary to full accreditation will likely require the applicant to provide additional documentation, information and fees to the AE.

If an application is converted after the TAD, it will be treated as if filed after the TAD, and the agency may not necessarily be provided an opportunity to complete the accreditation process in time to be included on the initial list of accredited agencies.

May my agency submit an application to more than one AE?

No. You may only apply to one AE at a time .

What are the fees associated with temporary accreditation?

Complete fee information will be available from the AE to which you apply.

How will my agency’s application for temporary accreditation be evaluated?

The AE will review the application and supporting documentation and verify the information provided, as appropriate. The AE may also request additional documents and information as it deems necessary. It may also decide to conduct a site visit. If the AE finds deficiencies that may hinder or prevent temporary accreditation, it may, at its discretion, advise the agency of those deficiencies and defer a decision to give the agency an opportunity to make corrections. You may consult 22 CFR 96.100 or your AE for more specific information.

When will agencies be notified of AE decisions?

The Department of State will set a uniform notification date on which all agencies and persons will receive notification about decisions on full accreditation, temporary accreditation, and approval. Although the AE may provide information on the status of your agency’s application in order to allow it an opportunity to correct deficiencies that may hinder temporary accreditation, it is not allowed to notify your agency of its temporary accreditation decisions until this uniform notification date.

There is no administrative or judicial review of an AE’s decision to deny temporary accreditation.

Other than the eligibility requirements, are there any other standards applicable to a temporarily accredited agency?

Yes. Performance standards for maintenance of temporarily accreditation are set forth in 22 CFR 96.104. These performance standards relate to issues such as:

  • Compliance with licensing and regulatory requirements;
  • Ethical practices and responsibilities, including avoiding improper conduct and prohibiting child buying;
  • Responding to complaints;
  • Records and reports management;
  • Acting as a primary provider and using supervised providers;
  • Performing and approving home studies in incoming cases;
  • Performing and approving child background studies and obtaining consents in outgoing cases;
  • Convention coordination and communication functions;
  • Contingency planning;
  • Progress toward full accreditation; and,
  • Performance of tasks required by Department of State.

In addition, as provided in 22 CFR 96.100(e), neither the initial eligibility criteria nor these performance standards eliminate the need for an agency to comply fully with the laws of the jurisdictions in which it operates. An agency must provide adoption services in Convention cases consistent with the laws of any State in which it operates and with the Convention and the IAA.

Does my organization need to meet every standard in 22 CFR 96.104 to maintain its temporary accreditation?

Temporarily accredited agencies should strive to satisfy every applicable performance standard. Less than full compliance with some standards, however, will not necessarily result in loss of temporary accreditation. Your AE will provide further details.

How will complaints against my agency be handled?

Complaints against temporarily accredited agencies are handled in largely the same manner as complaints against fully accredited agencies and approved persons. For more details, consult 22 CFR 96.103 and Subpart J of 22 CFR Part 96.

Can temporary accreditation be withdrawn?

Yes. Your AE may withdraw your agency’s temporary accreditation if it determines that your agency is substantially out of compliance with the performance standards in 22 CFR 96.104. The AE must notify the agency in writing of any decision to withdraw temporary accreditation and must identify the deficiencies necessitating the withdrawal. The Department of State also may withdraw temporary accreditation in certain circumstances, as described in 22 CFR section 96.107.

Is there a process to review a withdrawal of temporary accreditation?

Although there is no administrative or judicial review of an AE's initial denial of temporary accreditation, there is judicial review of an AE's decision to later withdraw temporary accreditation. (Also, the accrediting entity must provide your agency an opportunity, either before the withdrawal or afterwards, to demonstrate that withdrawal would be or was unwarranted.) The Department's decision to withdraw temporary accreditation is also subject to judicial review. You may consult 22 CFR 96.106 and 96.108 for additional information.

What effect will the withdrawal of temporary accreditation have on a pending application for full accreditation?

An agency whose temporary accreditation has been withdrawn may continue to seek full accreditation or may withdraw its pending application and apply for full accreditation at a later time. Its application for full accreditation must generally be made to the same accrediting entity that granted its application for temporary accreditation. The accrediting entity may take the circumstances of the withdrawal into account when evaluating the agency for full accreditation. More information is available at 22 CFR 96.109.

Where can I get more information on 22 CFR Part 96?

For more information on 22 CFR Part 96 as a whole, see the Department's "Hague Convention Accreditation and Approval: What Your Organization Needs to Know," at http://www.travel.state.gov/family