Sec. 112. 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 ; 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) of such Act ( 42 U.S.C. 673b(d) ) is amended— in paragraph (1), by striking subparagraphs
(A)through
(C)and inserting the following: $4,000, 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; $8,000, 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 age 9; $4,500, multiplied by the amount (if any) by which— the number of special needs adoptions that are not older child adoptions in the State during the fiscal year; exceeds the product (rounded to the nearest whole number) of— the base rate of special needs adoptions that are not 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 not attained age 9; 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 State is one of the 50 States or the District of Columbia and the Secretary determines that more than 50 percent of the foster child adoptions that were finalized in the State during the fiscal year were for children for whom an adoption was finalized not more than 12 months after the date on which the child becomes legally free for adoption. For purposes of subparagraph (A), the award amount determined under this subparagraph with respect to a fiscal year is the amount equal to the product of— the timely adoption award pool for the fiscal year; and the number of timely adoption award States for the fiscal year. . 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 average of the foster child adoption rate for the State for the 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 special needs adoptions that are not older child adoptions rate means, with respect to a State and a fiscal year, the percentage determined by dividing— the number of special needs adoptions that are not 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 not attained age 9. The term base rate of special needs adoptions that are not older child adoptions means, with respect to a State and a fiscal year, the average of the special needs adoptions that are not older child adoptions rate for the State for the immediately preceding 3 fiscal years. The term special needs adoptions that are not older child adoptions means the final adoptions of all children who have not attained age 9 and for whom an adoption assistance agreement is in effect under section 473. The term older child adoptions and older foster child guardianships 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 9 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 average of the older child adoptions and older foster child guardianships rate for the State for the immediately preceding 3 fiscal years. The term older child adoptions and older foster child guardianships means the final adoption, or the placement into legal guardianship, of all children who have attained 9 years of age and— at the time of the adoptive or legal guardianship placement, were in foster care under the supervision of the State; or for whom an adoption assistance agreement was in effect under section 473. 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 that occurred 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 average of the foster child guardianship rate for the State for the 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 is not an appropriate option 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. 112
Improvements to award structure
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