Sec. 202. Improvements to award structure
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Section 473A(b) ( 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) ( 42 U.S.C. 673b(c)(2) ) is amended— in the paragraph heading, by striking and inserting numbers of adoptions ; 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, ; and by inserting before the period the following: , and, with respect to the determination of the rates related to foster child guardianships, on the basis of information reported to the Secretary under paragraph
(12)of subsection
(g). Section 473A(d) ( 42 U.S.C. 673b(d) ) is amended— in paragraph (1), by striking subparagraphs
(A)through
(C)and inserting the following: $5,000, 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; $7,500, multiplied by the amount (if any) by which— the number of pre-adolescent child adoptions and pre-adolescent foster child guardianships 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 and pre-adolescent 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 who have attained 9 years of age but not 14 years of age; and $10,000, multiplied by the amount (if any) by which— the number of older child adoptions and older foster child guardianships in the State during the fiscal year; exceeds the product (rounded to the nearest whole number) of— the base rate of older child adoptions and older 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 who have attained 14 years of age; and $4,000, 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)and inserting the following: If for any of fiscal years 2013 through 2015, the total amount of adoption and legal guardianship incentive payments payable under paragraph
(1)of this subsection are less than the amount appropriated under subsection
(h)for the fiscal year, then, from the remainder of the amount appropriated for the fiscal year that is not required for such payments (in this paragraph referred to as the timely adoption award pool ), the Secretary shall increase the adoption incentive payment determined under paragraph
(1)for each State that the Secretary determines is a timely adoption award State for the fiscal year by the award amount determined for the fiscal year under subparagraph (C). A State is a timely adoption award State for a fiscal year if the Secretary determines that, for children who were in foster care under the supervision of the State at the time of adoptive placement, the average number of months from removal of children from their home to the placement of children in finalized adoptions is less than 24 months. For purposes of subparagraph (A), the award amount determined under this subparagraph with respect to a fiscal year is the amount equal to the timely adoption award pool for the fiscal year divided by the number of timely adoption award States for the fiscal year. . Section 473A(g) ( 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 the then immediately preceding fiscal year; or the foster child adoption rate for the State for the average of the then immediately preceding 3 fiscal years. 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 and pre-adolescent foster child guardianship rate means, with respect to a State and a fiscal year, the percentage determined by dividing— the number of pre-adolescent child adoptions and pre-adolescent foster child guardianships 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 and pre-adolescent foster child guardianships means, with respect to a State and a fiscal year, the lesser of— the pre-adolescent child adoption and pre-adolescent foster child guardianship rate for the State for the then immediately preceding fiscal year; or the pre-adolescent child adoption and pre-adolescent foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. The term pre-adolescent child adoption and pre-adolescent foster child guardianship means the final adoption, or the placement into foster child guardianship (as defined in paragraph (12)) of a child who has attained 9 years of age but not 14 years of age if— at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or an adoption assistance agreement was in effect under section 473(a) with respect to the child. The term older child adoption and older foster child guardianship rate means, with respect to a State and a fiscal year, the percentage determined by dividing— the number of older child adoptions and older foster child guardianships 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 and older foster child guardianships means, with respect to a State and a fiscal year, the lesser of— the older child adoption and older foster child guardianship rate for the State for the then immediately preceding fiscal year; or the older child adoption and older foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. The term older child adoption and older foster child guardianship means the final adoption, or the placement into foster child guardianship (as defined in paragraph (12)) of a child who has attained 14 years of age if— at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or an adoption assistance agreement was in effect under section 473(a) 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 the then immediately preceding fiscal year; or the foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years. 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. 202
Improvements to award structure
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