22 C.F.R. Subpart J—Oversight Through Review of Complaints
Title 22 - Foreign Relations
The provisions in this subpart establish the procedures that the accrediting entity will use for processing complaints against accredited agencies and approved persons (including complaints concerning their use of supervised providers) that raise an issue of compliance with the Convention, the IAA, or the regulations implementing the IAA, as determined by the accrediting entity or the Secretary, and that are therefore relevant to the oversight functions of the accrediting entity or the Secretary. Temporary accreditation is governed by the provisions of subpart N of this part; as provided in §96.103, procedures for processing complaints on temporarily accredited agencies must comply with this subpart. (a) Complaints described in §96.68 will be subject to review by the accrediting entity pursuant to §§96.71 and 96.72, when submitted as provided in this section and §96.70. (b) Complaints against accredited agencies and approved persons by parties to specific Convention adoption cases and relating to that case must first be submitted by the complainant in writing to the primary provider and to the agency or person providing adoption services, if a U.S. provider different from the primary provider. If the complaint cannot be resolved through the complaint processes of the primary provider or the agency or person providing the services (if different), or if the complaint was resolved by an agreement to take action but the primary provider or the agency or person providing the service (if different) failed to take such action within thirty days of agreeing to do so, the complaint may then be filed with the Complaint Registry in accordance with §96.70. (c) An individual who is not party to a specific Convention adoption case but who has information about an accredited agency or approved person may provide that information by filing it in the form of a complaint with the Complaint Registry in accordance with §96.70. (d) A Federal, State, or local government official or a foreign Central Authority may file a complaint with the Complaint Registry in accordance with §96.70, or may raise the matter in writing directly with the accrediting entity, who will record the complaint in the Complaint Registry, or with the Secretary, who will record the complaint in the Complaint Registry, if appropriate, and refer it to the accrediting entity for review pursuant to §96.71 or take such other action as the Secretary deems appropriate. (a) The Secretary will establish a Complaint Registry to support the accrediting entities in fulfilling their oversight responsibilities, including the responsibilities of recording, screening, referring, and otherwise taking action on complaints received, and to support the Secretary in the Secretary's oversight responsibilities as the Secretary deems appropriate. The Secretary may provide for the Complaint Registry to be funded in whole or in part from fees collected by the Secretary pursuant to section 403(b) of the IAA (42 U.S.C. 14943(b)) or by the accrediting entities. (b) The Complaint Registry will: (1) Receive and maintain records of complaints about accredited agencies, temporarily accredited agencies, and approved persons (including complaints concerning their use of supervised providers) and make such complaints available to the appropriate accrediting entity and the Secretary; (2) Receive and maintain information regarding action taken to resolve each complaint by the accrediting entity or the Secretary; (3) Track compliance with any deadlines applicable to the resolution of complaints; (4) Generate reports designed to show possible patterns of complaints; and (5) Perform such other functions as the Secretary may determine. (c) Forms and information necessary to submit complaints to the Complaint Registry electronically or by such other means as the Secretary may determine will be accessible through the Department's website to persons who wish to file complaints. Such forms will be designed to ensure that each complaint complies with the requirements of §96.69. (d) Accrediting entities will have access to, and the capacity to enter data into, the Complaint Registry as the Secretary deems appropriate. (e) Nothing in this part shall be construed to limit the Secretary's authority to take such action as the Secretary deems appropriate with respect to complaints. (a) The accrediting entity must establish written procedures, including deadlines, for recording, investigating, and acting upon complaints it receives pursuant to §§96.69 and 96.70(b)(1). The procedures must be consistent with this section and be approved by the Secretary. The accrediting entity must make written information about its complaint procedures available upon request. (b) If the accrediting entity determines that a complaint implicates the Convention, the IAA, or the regulations implementing the IAA: (1) The accrediting entity must verify that the complainant has already attempted to resolve the complaint as described in §96.69(b) and, if not, may refer the complaint to the agency or person, or to the primary provider, for attempted resolution through its internal complaint procedures; (2) The accrediting entity may conduct whatever investigative activity (including site visits) it considers necessary to determine whether any relevant accredited agency or approved person may maintain accreditation or approval as provided in §96.27. The provisions of §§96.25 and 96.26 govern requests for and use of information. The accrediting entity must give priority to complaints submitted pursuant to §96.69(d); (3) If the accrediting entity determines that the agency or person may not maintain accreditation or approval, it must take adverse action pursuant to subpart K of this part. (c) When the accrediting entity has completed its complaint review process, it must provide written notification of the outcome of its investigation, and any actions taken, to the complainant, or to any other entity that referred the information. (d) The accrediting entity will enter information about the outcomes of its investigations and its actions on complaints into the Complaint Registry as provided in its agreement with the Secretary. (e) The accrediting entity may not take any action to discourage an individual from, or retaliate against an individual for, making a complaint, expressing a grievance, questioning the conduct of, or expressing an opinion about the performance of an accredited agency, an approved person, or the accrediting entity. (a) An accrediting entity must report promptly to the Secretary any substantiated complaint that: (1) Reveals that an accredited agency or approved person has engaged in a pattern of serious, willful, grossly negligent, or repeated failures to comply with the standards in subpart F of this part; or (2) Indicates that continued accreditation or approval would not be in the best interests of the children and families concerned. (b) An accrediting entity must, after consultation with the Secretary, refer, as appropriate, to a State licensing authority, the Attorney General, or other law enforcement authorities any substantiated complaints that involve conduct that is: (1) Subject to the civil or criminal penalties imposed by section 404 of the IAA (42 U.S.C. 14944); (2) In violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or (3) Otherwise in violation of Federal, State, or local law. (c) When an accrediting entity makes a report pursuant to paragraphs (a) or (b) of this section, it must indicate whether it is recommending that the Secretary take action to debar the agency or person, either temporarily or permanently.
Title 22: Foreign Relations
PART 96—ACCREDITATION OF AGENCIES AND APPROVAL OF PERSONS UNDER THE INTERCOUNTRY ADOPTION ACT OF 2000 (IAA)
Subpart J—Oversight Through Review of Complaints
§ 96.68 Scope.
§ 96.69 Filing of complaints against accredited agencies and approved persons.
§ 96.70 Operation of the Complaint Registry.
§ 96.71 Review by the accrediting entity of complaints against accredited agencies and approved persons.
§ 96.72 Referral of complaints to the Secretary and other authorities.
§ 96.73 [Reserved]
