The Department has approved three revisions to the substantial compliance system (SCS) that designated accrediting entities (AE) use to determine whether an adoption service provider (ASP) is compliant with each of the standards in 22 CFR Part 96 Subpart F. The updated SCS will take effect on January 8, 2025. 

These revisions were jointly proposed by the Center for Excellence in Adoption Services (CEAS) and the Intercountry Adoption Accreditation and Maintenance Entity (IAAME), the two AEs currently designated to accredit and approve ASPs. The revisions incorporate three weighting changes to address the new standards in the 2024 final rule revision to 22 CFR Part 96. The AEs did not propose any revised weightings to existing standards based on other revisions to the standards.   

The approved weightings are below: 

New Standard 96.30(e):
The agency or person complies with applicable laws in all foreign countries in which it provides adoption services. 

Weight: Mandatory 

New Standard 96.33(f):
The agency or person has a plan to transfer its intercountry adoption cases to an accredited agency or approved person if it ceases to provide or is no longer permitted to provide adoption services in intercountry adoption cases. The plan includes provisions for an organized transfer and reimbursement to clients of funds paid for services not yet rendered.

Weight: Critical

New Standard: 97.47(e):
96.47(e): If, based on new information relating to paragraph (a)(1) of this section or 8 CFR 204.311, the agency or person withdraws its recommendation of the prospective adoptive parent(s) for adoption, or the agency that reviewed and approved a home study withdraws any such approval of the home study required under paragraph (c) of this section, the agency or person must: 

1. Notify the prospective adoptive parent(s), and if applicable, the home study preparer and primary provider, of its withdrawal of its recommendation and/or approval and the reasons for its withdrawal, in writing, within 5 business days of the decision, and prior to notifying USCIS; 
2. Notify USCIS of its withdrawal of its recommendation and/or approval and the reasons for its withdrawal, in writing, and within 5 business days of notifying the prospective adoptive parent(s), in accordance with the agency's or person's ethical practices and responsibilities under § 96.35(a); and 
3. Maintain written records of the withdrawal of its recommendation and/or approval, the step(s) taken to reach such decision, and the reasons for the withdrawal. 

Weight: Critical 

Additional information is available on the AE websites:

• Intercountry Adoption Accreditation and Maintenance Entity, Inc.
• Center for Excellence in Adoption Services

The final rule is available at Federal Register: Intercountry Adoption: Regulatory Changes to Accreditation and Approval Regulations in Intercountry Adoption.