SUMMARY
AS OF:
7/27/2000--Passed Senate,
amended. (There
is 1 other
summary)
TABLE
OF CONTENTS:
- Title
I: United States Central
Authority Title II: Provisions
Relating to Accreditation
and Approval Title III:
Recognition of Convention
Adoptions in the United
States Title IV: Administration
and Enforcement
- Title
V: General Provisions
Intercountry
Adoption Act of 2000 - Title
I: United States Central
Authority - Requires
the Department of State
through the Secretary of
State to serve as the central
authority of the United
States with respect to implementation
of the Convention on Protection
of Children and Co-operation
in Respect of Intercountry
Adoption done at the Hague
on May 29, 1993. Outlines
responsibilities of the
Secretary, including liaison,
information exchange, accreditation
and approval, and other
coordination activities
relating to the Convention.
(Sec.
103) Requires the Attorney
General to be responsible
for the filing of applications
by prospective adoptive
parents to the central authority
of their country of residence.
(Sec. 104) Requires annual
reports from the Secretary
to specified congressional
committees describing activities
of the U.S. central authority
during the previous year.
Title
II: Provisions Relating
to Accreditation and Approval - Prohibits any person from
offering or providing adoption
services, with specified
exceptions, in connection
with a Convention adoption
in the United States unless
that person is accredited
under this title, or is
providing such services
through or under the supervision
and responsibility of an
accredited agency or approved
person.
(Sec.
202) Directs the Secretary
to enter into agreements
with one or more qualified
entities that will provide
for the accreditation of
agencies, and approval of
persons, to provide adoption
services in the United States
in cases subject to the
Convention. Requires such
entities to undertake related
oversight, enforcement,
and information collection
activities. Sets forth procedures
for an agency or person
to reapply for accreditation
after an adverse action
by an accrediting entity.
Provides for the judicial
review of such actions.
Subjects to approval by
the Secretary of any fees
assessed by accrediting
entities against agencies
or persons seeking accreditation
for Convention intercountry
adoptions. Outlines accreditation
standards and procedures.
(Sec. 204) Directs the Secretary
to: (1) monitor each entity's
performance of accrediting
duties and compliance with
the Convention and other
applicable laws and regulations;
and (2) suspend or cancel
the accreditation of an
agency or person found to
be substantially out of
compliance with applicable
requirements, and the accrediting
entity has failed or refused
to take appropriate corrective
action. Authorizes the Secretary
to debar an agency or person
from accreditation, under
certain conditions. Provides
judicial review of the Secretary's
decisions under this section.
Declares
that willful, grossly negligent,
or repeated failure by an
agency to ensure the completion
and transmission of a background
report (home study) on prospective
adoptive parents that fully
complies with the Convention
and applicable Federal and
State requirements shall
constitute substantial noncompliance
with such requirements.
(Sec.
205) Amends part B (Child
and Family Services) of
title IV of the Social Security
Act to require State plans
for child welfare services
to include among other things:
(1) a description of the
activities that the State
has undertaken for children
adopted from other countries,
including adoption and post-adoption
services; and (2) a requirement
that the State collect and
report information on children
who are adopted from other
countries, and who enter
into State custody as a
result of the disruption
of a placement for adoption
or the dissolution of an
adoption, including the
number of children, the
agencies that handled the
placement or adoption, the
plans for the child, and
the reasons for the disruption
or dissolution.
Title
III: Recognition of Convention
Adoptions in the United
States - Directs the
Secretary, with respect
to each Convention adoption,
to issue a certificate to
the adoptive citizen parent
domiciled in the United
States recognizing the legal
effect, for purposes of
emigration and adoption,
of a Convention adoption,
as long as the Secretary
has received appropriate
documentation from the central
authority of the child's
country of origin, and has
verified that other requirements
of the Convention and this
Act have been met with respect
to adoption. Provides for
U.S. recognition of adoptions
finalized in other Convention
countries.
(Sec.
302) Amends the Immigration
and Nationality Act to include:
(1) under its definition
of "child" a child adopted
through the Convention;
and (2) under its immigration
approval procedures a child
for whom the Secretary has
certified that a U.S. citizen
has effected final adoption
under the Convention.
(Sec.
303) Outlines procedures
for the adoption in any
other Convention country
of a child residing in the
United States, requiring
certain duties to be performed
by an accredited agency
or approved person or the
prospective parents acting
on their own behalf (if
so permitted in such country).
Prohibits a State court
from entering an order declaring
such adoption to be final
or granting custody for
adoption, unless such court:
(1) has received and verified
that such duties have been
performed, as well as evidence
that other Convention requirements
have been met; and (2) has
determined that the adoptive
placement is in the child's
best interests.
Title
IV: Administration and Enforcement - Provides for: (1) the
preservation of Convention
adoption records; (2) disclosure
and access of Convention
records (to the extent necessary
to administer the Convention
or this Act) and of non-Convention
records (including records
of adoption proceedings
conducted in the United
States); and (3) recognition
of Convention documents
of other countries. Makes
unlawful the disclosure
of all or part of a Convention
record.
(Sec.
403) Authorizes appropriations.
(Sec.
404) Provides civil penalties
and other enforcement procedures
for violations of this Act. Title V: General Provisions - Sets forth provisions
with respect to the recognition
of Convention adoptions.
(Sec.
502) Authorizes the Secretary
to establish by regulation
alternative procedures for
the adoption of children
by individuals related to
them by blood, marriage,
or adoption in cases subject
to the Convention.
(Sec.
503) States that the Convention
and this Act shall have
no effect on: (1) State
law; or (2) provisions of
the Indian Child Welfare
Act.