§ 96.85. Temporary and permanent debarment by the Secretary.
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/us/cfr/t22/s§ 96.85·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Secretary may temporarily or permanently debar an agency from accreditation or a person from approval on the Secretary's own initiative, at the request of DHS, or at the request of an accrediting entity. An agency or person that is debarred pursuant to this section ceases to be accredited or approved.
(b)The Secretary may issue a debarment order only if the Secretary, in the Secretary's discretion, determines that:
(1)There is substantial evidence that the agency or person is out of compliance with the standards in subpart F of this part; and
(2)There has been a pattern of serious, willful, or grossly negligent failures to comply with the standards in subpart F of this part, or there are other aggravating circumstances indicating that continued accreditation or approval would not be in the best interests of the children and families concerned. For purposes of this paragraph:
(i)"The children and families concerned" include any children and any families whose interests have been or may be affected by the agency's or person's actions.
(ii)In determining whether the agency's or person's continued accreditation or approval would not be in the best interests of the children and families concerned, the Secretary may consider whether the agency's or person's continued accreditation would be detrimental to the ability of U.S. citizens to adopt children through intercountry adoption in the future.
(3)A failure to comply with § 96.47 (home study requirements) shall constitute a "serious failure to comply" unless it is shown by clear and convincing evidence that such noncompliance had neither the purpose nor the effect of determining the outcome of a decision or proceeding by a court or other competent authority in the United States or the child's country of origin; and
(i)Repeated serious, willful, or grossly negligent failures to comply with § 96.47 (home study requirements) by an agency or person after consultation between the Secretary and the accrediting entity with respect to previous noncompliance by such agency or person shall constitute a pattern of serious, willful, or grossly negligent failures to comply.
(ii)\[Reserved\]
(c)The Secretary shall initiate a debarment proceeding by notice of proposed debarment, in accordance with the procedures in § 96.88, unless the Secretary finds that it is necessary that debarment be effective immediately because the agency's or person's continued accreditation would pose a substantial risk of significant harm to children or families. If the Secretary finds that it is necessary that debarment be effective immediately, the procedures in § 96.89 shall govern such debarment.
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§ 96.85
Temporary and permanent debarment by the Secretary.
Fed. Reg.×7
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