Sec. 2. Extend the adoption incentive payment program to incentive payments for foster child exits to reunification, adoption, and guardianship
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Section 473A of the Social Security Act ( 42 U.S.C. 673b ) is amended— in the section heading, by striking and inserting Adoption ; Permanency in subsection (a), by striking and inserting adoption ; permanency in subsection (b)— by striking paragraph (2); in paragraph (5), by striking and inserting 2008 through 2012 ; and 2013 through 2017 by redesignating paragraphs
(3)through
(5)as paragraphs
(2)through (4), respectively; in subsection (c)— by striking paragraphs
(1)and
(2)and inserting the following: A State is in compliance with this subsection for a particular fiscal year if the State has provided to the Secretary the data described in paragraph
(2)for fiscal year 2010 and each succeeding fiscal year through the fiscal year second preceding the particular fiscal year. The Secretary shall determine the numbers of exits to reunification, adoption, and guardianship in a State during a fiscal year, on the basis of data meeting the requirements of the system established pursuant to section 479, as reported by the State and approved by the Secretary by August 1 of the succeeding fiscal year. ; and by adding at the end the following: Beginning 24 months after the effective date of this paragraph, each State to which a payment is made under this section for a fiscal year shall submit to the Secretary and shall make available to the public annual reports on the amount of the payment that is attributable to exits to reunification, the amount that is attributable to exits to adoption, and the amount that is attributable to exits to guardianship, and a breakdown of how the State used the total payment to improve or expand the provision of post-permanency services in the State. ; by striking subsection
(d)and inserting the following: Except as provided in paragraph (2), the permanency incentive payment payable to a State for a fiscal year under this section shall be equal to the sum of— $2,000, multiplied by the sum of— the amount (if any) by which the number of exits to adoption in the State during the fiscal year exceeds the projected number of exits to adoption in the State for the fiscal year; the amount (if any) by which the number of exits to guardianship in the State during the fiscal year exceeds the projected number of exits to guardianship in the State for the fiscal year; and the amount (if any) by which the number of exits to reunification in the State during the fiscal year exceeds the projected number of exits to reunification in the State for the fiscal year; $8,000, multiplied by the sum of— the amount (if any) by which the number of exits to adoption of older children in the State during the fiscal year exceeds the number of exits to adoption of older children in the State for the base fiscal year; the amount (if any) by which the number of exits to guardianship of older children in the State during the fiscal year exceeds the number of exits to guardianship of older children in the State for the base fiscal year; and the amount (if any) by which the number of exits to reunification of older children in the State during the fiscal year exceeds the number of exits to reunification of older children in the State for the base fiscal year; $6,000, multiplied by the sum of— the amount (if any) by which the number of exits to adoption of pre-adolescent children in the State during the fiscal year exceeds the number of exits to adoption of pre-adolescent children in the State for the base fiscal year; the amount (if any) by which the number of exits to guardianship of pre-adolescent children in the State during the fiscal year exceeds the number of exits to guardianship of pre-adolescent children in the State for the base fiscal year; and the amount (if any) by which the number of exits to reunification of pre-adolescent children in the State during the fiscal year exceeds the number of exits to reunification of pre-adolescent children in the State for the base fiscal year; and $4,000, multiplied by the amount (if any) by which the number of special needs adoptions of young children in the State during the fiscal year exceeds the number of special needs adoptions of young children in the State for the base fiscal year. For any fiscal year, if the total amount of permanency incentive payments otherwise payable under this section for a fiscal year exceeds the amount appropriated pursuant to subsection
(h)for the fiscal year, the amount of the permanency incentive payment payable to each State under this section for the fiscal year shall be— the amount of the permanency incentive payment that would otherwise be payable to the State under this section for the fiscal year; multiplied by the percentage represented by the amount so appropriated for the fiscal year, divided by the total amount of permanency incentive payments otherwise payable under this section for the fiscal year. ; in subsection (f), by striking and inserting any service (including post-adoption services) that may be provided under part B or E. ; post-permanency services to help ensure that children remain with the families with whom they have been reunified, adopted, or placed for guardianship, and a State shall not use the amount to supplant other funds being used for the services. by striking subsection
(g)and inserting the following: In this section: The term adoption means the final adoption of a child who, at the time of adoptive placement, was in foster care under the supervision of the State. The term base fiscal year means fiscal year 2012. The term exit to reunification means, with respect to a State and a fiscal year, the permanent reunification of a child who was in foster care under the responsibility of the State for a period of at least 90 consecutive days in the fiscal year, excluding any such placement of children who returned to foster care in the fiscal year. The term foster children means, with respect to a State and a fiscal year, children in foster care under the responsibility of the State for a period of at least 90 consecutive days in the fiscal year. The term guardianship means the placement with a relative guardian of a child with respect to whom— a payment is made under section 474(a)(5); or a payment is made using only State or local guardianship assistance funds, and the case plan for the child documents the steps that the agency has taken to determine that it is not appropriate for the child to be returned home or adopted. The term older children means children who have attained 14 years of age. The term adoption placement rate means, with respect to a State and a fiscal year— the total number of exits to adoption in the State during the fiscal year; divided by the number of children in foster care under the responsibility of the State on the last day of the preceding fiscal year. The term guardianship placement rate means, with respect to a State and a fiscal year— the total number of exits to guardianship in the State during the fiscal year; divided by the number of children in foster care under the responsibility of the State on the last day of the preceding fiscal year. The term reunification placement rate means, with respect to a State and a fiscal year— the total number of exits to reunification in the State during the fiscal year; divided by the number of foster children with respect to the State for the fiscal year. The term post-permanency services means the services needed once children and youth have been reunified, adopted, or placed with guardians to stabilize and support the child and family, including— financial support; case management; connections with community services; individual, group and family counseling and other mental health services; respite care; and training of public and private child welfare staff on delivering post-permanency services. The term pre-adolescent children means children who have attained 9 years of age but have not attained 14 years of age. The term projected number of exits to adoption means, with respect to a State and a fiscal year— the number of children in foster care under the responsibility of the State as of the last day of the preceding fiscal year; multiplied by the average of the adoption placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). The term projected number of exits to guardianship means, with respect to a State and a fiscal year— the number of children in foster care under the responsibility of the State as of the last day of the preceding fiscal year; multiplied by the average of the guardianship placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). The term projected number of exits to reunification means, with respect to a State and a fiscal year— the number of foster children with respect to the State for the fiscal year; multiplied by the average of the reunification placement rates for the State for the 3 fiscal years most recently preceding the fiscal year referred to in subparagraph (A). The term reunification means an exit from foster care to a relative with whom the child was living before the placement into foster care or to another relative. The term special needs adoption means the final adoption of a child— who has special needs (as defined by the State); or for whom an adoption assistance agreement is in effect under section 473. The term young children means children who have not attained 9 years of age. ; in subsection (h)(1)— by striking at the end of subparagraph (C); and by striking the period at the end of subparagraph
(D)and inserting ; and ; and by adding at the end the following: $60,000,000 for each of fiscal years 2014 through 2018. ; and in subsection (i)— by striking paragraphs
(1)through
(3)and inserting the following: The Secretary may, directly or through grants or contracts, provide technical assistance to assist States and local communities to reach their targets for increased numbers of exits to adoption, guardianship, and reunification. The technical assistance provided under paragraph
(1)shall support the goal of encouraging more permanent exits of children from foster care, and may include the following: Models that encourage child-specific and child-focused efforts to recruit permanent families for children. Models that encourage the use of intensive family-finding efforts. Models to encourage the use of concurrent planning. The development of permanency units and specialized expertise to help move children promptly to permanency goals. The development of assessment tools to facilitate appropriate reunification or other permanency options. The development of best practice guidelines for expediting permanency for children and, where, appropriate, termination of parental rights. Development of programs that place children into pre-adoptive families while termination of parental rights is being pursued. Models to encourage the fast tracking of children who have not attained 1 year of age and cannot be reunified, into permanent adoptive or guardianship families. Models that require ongoing consulting with children who have attained 9 years of age about their permanency goal, including asking the children and youth about any adults who may serve as permanent parents through adoptions or guardianship. Development of strategies designed to promote the use by a State of the guardianship assistance program under this part. ; and in paragraph (4)— by striking and inserting
(4); and
(3)by striking and inserting 2004 through 2006 . 2014 through 2018 The amendments made by subsection
(a)shall take effect on October 1, 2013.
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Sec. 2
Extend the adoption incentive payment program to incentive payments for foster child exits to reunification, adoption, and guardianship
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