Sec. 102. Improvements to award structure
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Section 473A(b) of the Social Security Act ( 42 U.S.C. 673b(b) ) is amended by striking paragraph
(2)and redesignating paragraphs
(3)through
(5)as paragraphs
(2)through (4), respectively. Section 473A(c)(2) of such Act ( 42 U.S.C. 673b(c)(2) ) is amended— in the paragraph heading, by striking and inserting numbers of adoptions ; and rates of adoptions and guardianships by striking the numbers and all that follows through section, and inserting each of the rates required to be determined under this section with respect to a State and a fiscal year, . Section 473A(d) of such Act ( 42 U.S.C. 673b(d) ) is amended— in paragraph (1)— by striking paragraphs
(2)and
(3)and inserting paragraph
(2); and by striking subparagraphs
(A)through
(C)and inserting the following: $2,000, multiplied by the amount (if any) by which— the number of foster child adoptions in the State during the fiscal year; exceeds the product (rounded to the nearest whole number) of— the base rate of foster child adoptions for the State for the fiscal year; and the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year; $4,000, multiplied by the amount (if any) by which— the number of pre-adolescent child adoptions in the State during the fiscal year; exceeds the product (rounded to the nearest whole number) of— the base rate of pre-adolescent child adoptions for the State for the fiscal year; and the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year who have attained 9 years of age but not 14 years of age; and $8,000, multiplied by the amount (if any) by which— the number of older child adoptions in the State during the fiscal year; exceeds the product (rounded to the nearest whole number) of— the base rate of older child adoptions for the State for the fiscal year; and the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year who have attained 14 years of age; and $1,000, multiplied by the amount (if any) by which— the number of foster child guardianships in the State during the fiscal year; exceeds the product (rounded to the nearest whole number) of— the base rate of foster child guardianships for the State for the fiscal year; and the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. ; and by striking paragraph (3). Section 473A(g) of such Act ( 42 U.S.C. 673b(g) ) is amended by striking paragraphs
(1)through
(8)and inserting the following: The term foster child adoption rate means, with respect to a State and a fiscal year, the percentage determined by dividing— the number of foster child adoptions finalized in the State during the fiscal year; by the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. The term base rate of foster child adoptions means, with respect to a State and a fiscal year, the lesser of— the foster child adoption rate for the State for fiscal year 2007; or the foster child adoption rate for the State for the then preceding fiscal year. The term foster child 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 pre-adolescent child adoption rate means, with respect to a State and a fiscal year, the percentage determined by dividing— the number of pre-adolescent child adoptions finalized in the State during the fiscal year; by the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 9 years of age but not 14 years of age. The term base rate of pre-adolescent child adoptions means, with respect to a State and a fiscal year, the lesser of— the pre-adolescent child adoption rate for the State for fiscal year 2007; or the pre-adolescent child adoption rate for the State for the then preceding fiscal year. The term pre-adolescent child adoption means the final adoption of a child who has attained 9 years of age but not 14 years of age if— at the time of the adoptive placement, the child was in foster care under the supervision of the State; or an adoption assistance agreement was in effect under section 473 with respect to the child. The term older child adoption rate means, with respect to a State and a fiscal year, the percentage determined by dividing— the number of older child adoptions finalized in the State during the fiscal year; by the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year, who have attained 14 years of age. The term base rate of older child adoptions means, with respect to a State and a fiscal year, the lesser of— the older child adoption rate for the State for fiscal year 2007; or the older child adoption rate for the State for the then preceding fiscal year. The term older child adoption means the final adoption of a child who has attained 14 years of age if— at the time of the adoptive placement, the child was in foster care under the supervision of the State; or an adoption assistance agreement was in effect under section 473 with respect to the child. The term foster child guardianship rate means, with respect to a State and a fiscal year, the percentage determined by dividing— the number of foster child guardianships occurring in the State during the fiscal year; by the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year. The term base rate of foster child guardianships means, with respect to a State and a fiscal year, the lesser of— the foster child guardianship rate for the State for fiscal year 2007; or the foster child guardianship rate for the State for the then preceding fiscal year. The term foster child guardianship means, with respect to a State, the exit of a child from foster care under the responsibility of the State to live with a legal guardian, if the State has reported to the Secretary— that the State agency has determined that— the child has been removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; being returned home or adopted are not appropriate permanency options for the child; the child demonstrates a strong attachment to the prospective legal guardian, and the prospective legal guardian has a strong commitment to caring permanently for the child; and if the child has attained 14 years of age, the child has been consulted regarding the legal guardianship arrangement; or the alternative procedures used by the State to determine that legal guardianship is the appropriate option for the child. .
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Sec. 102
Improvements to award structure
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