42 U.S.C. § 673b : US Code - Section 673B: Adoption incentive payments

Search 42 U.S.C. § 673b : US Code - Section 673B: Adoption incentive payments

(a) Grant authority
Subject to the availability of such amounts as may be provided in
advance in appropriations Acts for this purpose, the Secretary
shall make a grant to each State that is an incentive-eligible
State for a fiscal year in an amount equal to the adoption
incentive payment payable to the State under this section for the
fiscal year, which shall be payable in the immediately succeeding
fiscal year.
(b) Incentive-eligible State
A State is an incentive-eligible State for a fiscal year if -
(1) the State has a plan approved under this part for the
fiscal year;
(2)(A) the number of foster child adoptions in the State during
the fiscal year exceeds the base number of foster child adoptions
for the State for the fiscal year; or
(B) the number of older child adoptions in the State during the
fiscal year exceeds the base number of older child adoptions for
the State for the fiscal year;
(3) the State is in compliance with subsection (c) of this
section for the fiscal year;
(4) in the case of fiscal years 2001 through 2007, the State
provides health insurance coverage to any child with special
needs (as determined under section 673(c) of this title) for whom
there is in effect an adoption assistance agreement between a
State and an adoptive parent or parents; and
(5) the fiscal year is any of fiscal years 1998 through 2007.
(c) Data requirements
(1) In general
A State is in compliance with this subsection for a fiscal year
if the State has provided to the Secretary the data described in
paragraph (2) -
(A) for fiscal years 1995 through 1997 (or, if the first
fiscal year for which the State seeks a grant under this
section is after fiscal year 1998, the fiscal year that
precedes such first fiscal year); and
(B) for each succeeding fiscal year that precedes the fiscal
year.
(2) Determination of numbers of adoptions based on AFCARS data
The Secretary shall determine the numbers of foster child
adoptions, of special needs adoptions that are not older child
adoptions, and of older child adoptions in a State during each of
fiscal years 2002 through 2007, for purposes of this section, on
the basis of data meeting the requirements of the system
established pursuant to section 679 of this title, as reported by
the State and approved by the Secretary by August 1 of the
succeeding fiscal year.
(3) No waiver of AFCARS requirements
This section shall not be construed to alter or affect any
requirement of section 679 of this title or of any regulation
prescribed under such section with respect to reporting of data
by States, or to waive any penalty for failure to comply with
such a requirement.
(d) Adoption incentive payment
(1) In general
Except as provided in paragraph (2), the adoption incentive
payment payable to a State for a fiscal year under this section
shall be equal to the sum of -
(A) $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 base number of foster child adoptions for the
State for the fiscal year;
(B) $2,000, 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 base
number of special needs adoptions that are not older child
adoptions for the State for the fiscal year; and
(C) $4,000, multiplied by the amount (if any) by which the
number of older child adoptions in the State during the fiscal
year exceeds the base number of older child adoptions for the
State for the fiscal year.
(2) Pro rata adjustment if insufficient funds available
For any fiscal year, if the total amount of adoption incentive
payments otherwise payable under this section for a fiscal year
exceeds the amount appropriated pursuant to subsection (h) of
this section for the fiscal year, the amount of the adoption
incentive payment payable to each State under this section for
the fiscal year shall be -
(A) the amount of the adoption incentive payment that would
otherwise be payable to the State under this section for the
fiscal year; multiplied by
(B) the percentage represented by the amount so appropriated
for the fiscal year, divided by the total amount of adoption
incentive payments otherwise payable under this section for the
fiscal year.
(e) 2-year availability of incentive payments
Payments to a State under this section in a fiscal year shall
remain available for use by the State through the end of the
succeeding fiscal year.
(f) Limitations on use of incentive payments
A State shall not expend an amount paid to the State under this
section except to provide to children or families any service
(including post-adoption services) that may be provided under part
B of this subchapter or this part. Amounts expended by a State in
accordance with the preceding sentence shall be disregarded in
determining State expenditures for purposes of Federal matching
payments under sections 623, 629d, and 674 of this title.
(g) Definitions
As used in this section:
(1) Foster child adoption
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.
(2) Special needs adoption
The term "special needs adoption" means the final adoption of a
child for whom an adoption assistance agreement is in effect
under section 673 of this title.
(3) Base number of foster child adoptions
The term "base number of foster child adoptions for a State"
means -
(A) with respect to fiscal year 2003, the number of foster
child adoptions in the State in fiscal year 2002; and
(B) with respect to any subsequent fiscal year, the number of
foster child adoptions in the State in the fiscal year for
which the number is the greatest in the period that begins with
fiscal year 2002 and ends with the fiscal year preceding that
subsequent fiscal year.
(4) Base number of special needs adoptions that are not older
child adoptions
The term "base number of special needs adoptions for a State"
means -
(A) with respect to fiscal year 2003, the number of special
needs adoptions that are not older child adoptions in the State
in fiscal year 2002; and
(B) with respect to any subsequent fiscal year, the number of
special needs adoptions that are not older child adoptions in
the State in the fiscal year for which the number is the
greatest in the period that begins with fiscal year 2002 and
ends with the fiscal year preceding that subsequent fiscal
year.
(5) Base number of older child adoptions
The term "base number of older child adoptions for a State"
means -
(A) with respect to fiscal year 2003, the number of older
child adoptions in the State in fiscal year 2002; and
(B) with respect to any subsequent fiscal year, the number of
older child adoptions in the State in the fiscal year for which
the number is the greatest in the period that begins with
fiscal year 2002 and ends with the fiscal year preceding that
subsequent fiscal year.
(6) Older child adoptions
The term "older child adoptions" means the final adoption of a
child who has attained 9 years of age if -
(A) at the time of the adoptive placement, the child was in
foster care under the supervision of the State; or
(B) an adoption assistance agreement was in effect under
section 673 of this title with respect to the child.
(h) Limitations on authorization of appropriations
(1) In general
For grants under subsection (a) of this section, there are
authorized to be appropriated to the Secretary -
(A) $20,000,000 for fiscal year 1999;
(B) $43,000,000 for fiscal year 2000;
(C) $20,000,000 for each of fiscal years 2001 through 2003;
and
(D) $43,000,000 for each of fiscal years 2004 through 2008.
(2) Availability
Amounts appropriated under paragraph (1), or under any other
law for grants under subsection (a) of this section, are
authorized to remain available until expended, but not after
fiscal year 2008.
(i) Technical assistance
(1) In general
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
adoptions and, to the extent that adoption is not possible,
alternative permanent placements, for children in foster care.
(2) Description of the character of the technical assistance
The technical assistance provided under paragraph (1) may
support the goal of encouraging more adoptions out of the foster
care system, when adoptions promote the best interests of
children, and may include the following:
(A) The development of best practice guidelines for
expediting termination of parental rights.
(B) Models to encourage the use of concurrent planning.
(C) The development of specialized units and expertise in
moving children toward adoption as a permanency goal.
(D) The development of risk assessment tools to facilitate
early identification of the children who will be at risk of
harm if returned home.
(E) Models to encourage the fast tracking of children who
have not attained 1 year of age into pre-adoptive placements.
(F) Development of programs that place children into pre-
adoptive families without waiting for termination of parental
rights.
(3) Targeting of technical assistance to the courts
Not less than 50 percent of any amount appropriated pursuant to
paragraph (4) shall be used to provide technical assistance to
the courts.
(4) Limitations on authorization of appropriations
To carry out this subsection, there are authorized to be
appropriated to the Secretary of Health and Human Services not to
exceed $10,000,000 for each of fiscal years 2004 through 2006.