---
kind: "section"
citation: "22 C.F.R. § 96.72"
title: "22"
number: "96.72"
heading: "Referral of complaints to the Secretary and other authorities."
url: "https://uscodex.org/cfr/22/96.72"
---

# §96.72. Referral of complaints to the Secretary and other authorities.

- (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](/cfr/22/404.md) of the IAA ([42 U.S.C. 14944](/usc/42/14944.md));
  - (2) In violation of the Immigration and Nationality Act ([8 U.S.C. 1101](/usc/8/1101.md) 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)](#a) or [(b)](#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.

## Notes

### Authority

Authority: The Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105-51 (1998), 1870 U.N.T.S. 167 (Reg. No. 31922 (1993)); The Intercountry Adoption Act of 2000, 42 U.S.C. 14901-14954; The Intercountry Adoption Universal Accreditation Act of 2012, Pub. L. 112-276, 42 U.S.C. 14925.

### Source

Source: 71 FR 8131, Feb. 15, 2006, unless otherwise noted.