Responsibilities of IAAME
As an accrediting entity, IAAME is responsible for performing accrediting functions set forth in 22 CFR 96.7(a):
- Determining whether agencies are eligible for accreditation
- Determining whether persons are eligible for approval
- Overseeing accredited agencies and/or approved persons by monitoring their compliance with applicable requirements
- Investigating and responding to complaints about accredited agencies and approved persons (including their use of supervised providers)
- Taking adverse action against an accredited agency or approved person, and/or referring an accredited agency or approved person for possible action by the Secretary
- Determining whether accredited agencies and approved persons are eligible for renewal of their accreditation or approval on a cycle consistent with § 96.60
- Collecting data from accredited agencies and approved persons, maintaining records, and reporting information to the Secretary, State courts, and other entities
- Assisting the Secretary in taking appropriate action to help an agency or person in transferring its intercountry adoption cases and adoption records
and to perform these functions in accordance with the Convention, the Intercountry Adoption Act, the Intercountry Adoption Universal Accreditation Act of 2012 (UAA), 22 CFR Part 96 and its Agreement with the Secretary.
In performing these functions, IAAME operates consistent with Department of State policies and written directives regarding U.S. obligations under the Convention and regarding the functions and responsibilities of an accrediting entity under the IAA, UAA, and any other applicable regulations. In carrying out its accrediting entity functions, IAAME:
- Makes decisions on accreditation and approval in accordance with the procedures set forth in 22 CFR part 96 and using only the standards in subpart F of 22 CFR part 96 and the substantial compliance weighting system approved by the Department
- Reviews complaints, including complaints regarding conduct alleged to have occurred outside the United States, in accordance with subpart J of 22 CFR part 96 and additional procedures approved by the Department pursuant. IAAME exercises its discretion in determining which methods are most appropriate to review complaints regarding conduct alleged to have occurred outside the United States, which may, when appropriate, include referring a complaint or other information relating to possible civil or criminal violation of IAA section 404 or other possible criminal activity to the Department and/or other appropriate law enforcement authorities for potential investigation
- Takes adverse actions against accredited agencies and approved persons in accordance with subpart K of 22 CFR part 96, and cooperate with the Department in any case in which the Department considers exercising its adverse action authorities because the accrediting entity has failed or refused after consultation with the Department to take what the Department considers to be appropriate enforcement action
- Assumes full responsibility for defending adverse actions in court proceedings, if challenged by the adoption service provider or the adoption service provider’s board or officers
- Refers an adoption service provider to the Department for debarment if it concludes after review that the adoption service provider’s conduct meets the standards for action by the Secretary set out in 22 CFR 96.85
- Promptly reports changes in the accreditation or approval status of an adoption service provider to the Department and the relevant state licensing authority
- Maintains and uses only the procedures approved by the Department and those procedures presented to the Department
- Consults with the Department, when needed, to solicit greater clarity regarding the meaning of relevant laws and regulations
- At the Department’s request, shares information with the Department to assist the Department in carrying out its responsibilities