§ 96.104 - Performance standards for temporary accreditation.

The accrediting entity may not maintain an agency's temporary accreditation unless the agency demonstrates to the satisfaction of the accrediting entity that it is in substantial compliance with the following standards:

(a) The agency follows applicable licensing and regulatory requirements in all jurisdictions in which it provides adoption services;

(b) It does not engage in any improper conduct related to the provision of intercountry adoption services, as evidenced in part by the following:

(1) It maintains its State license without suspension or cancellation for misconduct;

(2) It is not subject to a finding of fault or liability in any administrative or judicial action; and

(3) It is not the subject of any criminal findings of fraud or financial misconduct;

(c) It adheres to the standards in §96.36 prohibiting child buying;

(d) It adheres to the standards for responding to complaints in accordance with §96.41;

(e) It adheres to the standards on adoption records and information relating to Convention cases in accordance with §96.42;

(f) It adheres to the standards on providing data to the accrediting entity in accordance with §96.43;

(g) When acting as the primary provider in a Convention adoption it complies with the standards in §§96.44 and 96.45 when using supervised providers in the United States and it complies with the standards in §§96.44 and 96.46 when using supervised providers or, to the extent permitted by §96.14(c), other foreign providers in a Convention country;

(h) When performing or approving a home study in an incoming Convention case, it complies with the standards in §96.47;

(i) When performing or approving a child background study or obtaining consents in an outgoing Convention case, it complies with the standards in §96.53;

(j) When performing Convention functions in incoming or outgoing cases, it complies with the standards in §96.52 or §96.55;

(k) It has a plan to transfer its Convention cases and adoption records if it ceases to provide or is no longer permitted to provide adoption services in Convention cases. The plan includes provisions for an organized closure and reimbursement to clients of funds paid for services not yet rendered;

(l) It is making continual progress toward completing the process of obtaining full accreditation by the time its temporary accreditation expires; and

(m) It takes all necessary and appropriate measures to perform any tasks in a Convention adoption case that the Secretary identifies are required to comply with the Convention, the IAA, or any regulations implementing the IAA.