Page:United States Statutes at Large Volume 114 Part 1.djvu/867

 PUBLIC LAW 106-279—OCT. 6, 2000 114 STAT. 831 (2) is providing such services through or under the supervision and responsibihty of an accredited agency or approved person. (b) EXCEPTIONS.—Subsection (a) shall not apply to the following: (1) BACKGROUND STUDIES AND HOME STUDIES. —The performance of a background study on a child or a home study on a prospective adoptive parent, or any report on any such study by a social work professional or organization who is not providing any other adoption service in the case, if the background or home study is approved by an accredited agency. (2) CHILD WELFARE SERVICES.—The provision of a child welfare service by a person who is not providing any other adoption service in the case. (3) LEGAL SERVICES.— The provision of legal services by a person who is not providing any adoption service in the case. (4) PROSPECTIVE ADOPTIVE PARENTS ACTING ON OWN BEHALF. —The conduct of a prospective adoptive parent on his or her own behalf in the case, to the extent not prohibited by the law of the State in which the prospective adoptive parent resides. SEC. 202. PROCESS FOR ACCREDITATION AND APPROVAL; ROLE OF 42 USC 14922. ACCREDITING ENTITIES. (a) DESIGNATION OF ACCREDITING ENTITIES.— (1) IN GENERAL.— The Secretary shall enter into agreements Contracts, with one or more qualified entities under which such entities will perform the duties described in subsection (b) in accordance with the Convention, this title, and the regulations prescribed under section 203, and upon entering into each such agreement shall designate the qualified entity as an accrediting entity. (2) QUALIFIED ENTITIES.— In paragraph (1), the term "qualified entity" means— (A) a nonprofit private entity that has expertise in developing and administering standards for entities providing child welfare services and that meets such other criteria as the Secretary may by regulation establish; or (B) a public entity (other than a Federal entity), including an agency or instrumentality of State government having responsibility for licensing adoption agencies, that— (i) has expertise in developing and administering standards for entities providing child welfare services; (ii) accredits only agencies located in the State in which the public entity is located; and (iii) meets such other criteria as the Secretary may by regulation establish. (b) DUTIES OF ACCREDITING ENTITIES. — The duties described in this subsection are the following: (1) ACCREDITATION AND APPROVAL. — Accreditation of agencies, and approval of persons, to provide adoption services in the United States in cases subject to the Convention. (2) OVERSIGHT. —Ongoing monitoring of the compliance of Procedures, accredited agencies and approved persons with applicable requirements, including review of complaints against such agencies and persons in accordance with procedures established by the accrediting entity and approved by the Secretary.

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