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 and legal guardianship incentive payment payable to the State under this section for the fiscal year, which shall be payable in the immediately succeeding fiscal year.
The Secretary shall determine each of the rates required to be determined under this section with respect to a State and a fiscal year, 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, 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).
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.
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.
Payments to a State under this section in a fiscal year shall remain available for use by the State for the 36-month period beginning with the month in which the payments are made.
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 or E, and shall use the amount to supplement, and not supplant, any Federal or non-Federal funds used to provide any service under part B or E. 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 624, 629d, and 674 of this title.
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.
Amounts appropriated under paragraph (1), or under any other law for grants under subsection (a), are authorized to remain available until expended, but not after fiscal year 2021.
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.
Not less than 50 percent of any amount appropriated pursuant to paragraph (4) shall be used to provide technical assistance to the courts.
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.
2018—Subsec. (b)(4). Pub. L. 115–123, § 50761(a)(1), substituted “2016 through 2020” for “2013 through 2015”.
Subsec. (h)(1)(D). Pub. L. 115–123, § 50761(a)(2), substituted “2021” for “2016”.
Subsec. (h)(2). Pub. L. 115–123, § 50761(a)(3), substituted “2021” for “2016”.
2014—Pub. L. 113–183, § 203(a), amended section catchline generally. Prior to amendment, catchline read as follows: “Adoption incentive payments”.
Subsec. (a). Pub. L. 113–183, § 203(b)(1), inserted “and legal guardianship” after “adoption”.
Subsec. (b)(2) to (4). Pub. L. 113–183, § 202(a), redesignated pars. (3) to (5) as (2) to (4), respectively, and struck out former par. (2) which read as follows:
“(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;
“(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; or
“(C) the State’s foster child adoption rate for the fiscal year exceeds the highest ever foster child adoption rate determined for the State;”.
Subsec. (b)(5). Pub. L. 113–183, § 202(a), redesignated par. (5) as (4).
Pub. L. 113–183, § 201(1), substituted “2013 through 2015” for “2008 through 2012”.
Subsec. (c)(2). Pub. L. 113–183, § 202(b), in heading, substituted “rates of adoptions and guardianships” for “numbers of adoptions” and, in text, substituted “each of the rates required to be determined under this section with respect to a State and a fiscal year,” for “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 a fiscal year, and the foster child adoption rate for the State for the fiscal year, for purposes of this section,” and inserted before period at end “, 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)”.
Subsec. (d). Pub. L. 113–183, § 203(b)(2), inserted “and legal guardianship” after “Adoption” in heading.
Subsec. (d)(1). Pub. L. 113–183, § 203(b)(1), inserted “and legal guardianship” after “adoption” in introductory provisions.
Pub. L. 113–183, § 202(c)(1), added subpars. (A) to (D) and struck out former subpars. (A) to (C) which read as follows:
“(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) $4,000, 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) $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 base number of older child adoptions for the State for the fiscal year.”
Subsec. (d)(2). Pub. L. 113–183, § 203(b)(1), inserted “and legal guardianship” after “adoption” in subpars. (A) and (B).
Subsec. (d)(3). Pub. L. 113–183, § 202(c)(2), added par. (3) and struck out former par. (3) which related to increased incentive payment for exceeding the highest ever foster child adoption rate.
Subsec. (e). Pub. L. 113–183, § 205, substituted “36-month” for “24-month” in heading and text.
Subsec. (f). Pub. L. 113–183, § 204, inserted “, and shall use the amount to supplement, and not supplant, any Federal or non-Federal funds used to provide any service under part B or E” before period in the first sentence.
Subsec. (g). Pub. L. 113–183, § 202(d), added pars. (1) to (12) and struck out former pars. (1) to (8) which defined “foster child adoption”, “special needs adoption”, “base number of foster child adoptions for a State”, “base number of special needs adoptions that are not older child adoptions for a State”, “base number of older child adoptions for a State”, “older child adoptions”, “highest ever foster child adoption rate”, and “foster child adoption rate”, respectively.
Subsec. (h)(1)(D), (2). Pub. L. 113–183, § 201(2), substituted “2016” for “2013”.
2008—Subsec. (b)(2)(C). Pub. L. 110–351, § 401(e)(3)(A), added subpar. (C).
Subsec. (b)(4). Pub. L. 110–351, § 401(a)(1), struck out “in the case of fiscal years 2001 through 2007,” before “the State provides”.
Subsec. (b)(5). Pub. L. 110–351, § 401(a)(2), substituted “2008 through 2012” for “1998 through 2007”.
Subsec. (c)(2). Pub. L. 110–351, § 401(a)(3), (e)(3)(B), substituted “during a fiscal year, and the foster child adoption rate for the State for the fiscal year,” for “during each of fiscal years 2002 through 2007”.
Subsec. (d)(1). Pub. L. 110–351, § 401(e)(1)(A), substituted “paragraphs (2) and (3)” for “paragraph (2)” in introductory provisions.
Subsec. (d)(1)(B). Pub. L. 110–351, § 401(c)(1), substituted “$4,000” for “$2,000”.
Subsec. (d)(1)(C). Pub. L. 110–351, § 401(c)(2), substituted “$8,000” for “$4,000”.
Subsec. (d)(2). Pub. L. 110–351, § 401(e)(1)(B), substituted “paragraph (1)” for “this section” wherever appearing.
Subsec. (d)(3). Pub. L. 110–351, § 401(e)(1)(C), added par. (3).
Subsec. (e). Pub. L. 110–351, § 401(d), substituted “24-month” for “2-year” in heading and “for the 24-month period beginning with the month in which the payments are made” for “through the end of the succeeding fiscal year” in text.
Subsec. (g)(3). Pub. L. 110–351, § 401(b)(1), substituted “means, with respect to any fiscal year, the number of foster child adoptions in the State in fiscal year 2007.” for “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.”
Subsec. (g)(4). Pub. L. 110–351, § 401(b)(2), inserted “that are not older child adoptions” before “for a State” and substituted “means, with respect to any fiscal year, the number of special needs adoptions that are not older child adoptions in the State in fiscal year 2007.” for “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.”
Subsec. (g)(5). Pub. L. 110–351, § 401(b)(3), substituted “means, with respect to any fiscal year, the number of older child adoptions in the State in fiscal year 2007.” for “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.”
Subsec. (g)(7), (8). Pub. L. 110–351, § 401(e)(2), added pars. (7) and (8).
Subsec. (h)(1)(D), (2). Pub. L. 110–351, § 401(a)(4), substituted “2013” for “2008”.
2006—Subsec. (f). Pub. L. 109–288 substituted “624” for “623”.
2003—Subsec. (b)(2). Pub. L. 108–145, § 3(a)(1)(A), added par. (2) and struck out former par. (2) which read as follows: “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;”.
Subsec. (b)(4). Pub. L. 108–145, § 3(a)(1)(B), substituted “through 2007” for “and 2002”.
Subsec. (b)(5). Pub. L. 108–145, § 3(a)(1)(C), substituted “2007” for “2002”.
Subsec. (c)(2). Pub. L. 108–145, § 3(a)(2), added par. (2) and struck out heading and text of former par. (2). Text read as follows:
“(A)
“(B)
Subsec. (d)(1). Pub. L. 108–145, § 3(a)(3), inserted “that are not older child adoptions” after “adoptions” in two places in subpar. (B) and added subpar. (C).
Subsec. (g)(3)(A), (B). Pub. L. 108–145, § 3(a)(4)(A), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
“(A) with respect to fiscal year 1998, the average number of foster child adoptions in the State in fiscal years 1995, 1996, and 1997; 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 1997 and ends with the fiscal year preceding such subsequent fiscal year.”
Subsec. (g)(4). Pub. L. 108–145, § 3(a)(4)(B), inserted “that are not older child adoptions” after “adoptions” in heading, added subpars. (A) and (B), and struck out former subpars. (A) and (B) which read as follows:
“(A) with respect to fiscal year 1998, the average number of special needs adoptions in the State in fiscal years 1995, 1996, and 1997; and
“(B) with respect to any subsequent fiscal year, the number of special needs adoptions in the State in the fiscal year for which the number is the greatest in the period that begins with fiscal year 1997 and ends with the fiscal year preceding such subsequent fiscal year.”
Subsec. (g)(5), (6). Pub. L. 108–145, § 3(a)(4)(C), added pars. (5) and (6).
Subsec. (h)(1)(D). Pub. L. 108–145, § 3(a)(5)(A), added subpar. (D).
Subsec. (h)(2). Pub. L. 108–145, § 3(a)(5)(B), inserted “, or under any other law for grants under subsection (a),” after “(1)” and substituted “2008” for “2003”.
Subsec. (i)(4). Pub. L. 108–145, § 3(a)(6), substituted “2004 through 2006” for “1998 through 2000”.
Subsec. (j). Pub. L. 108–145, § 3(a)(7), struck out subsec. (j) which related to supplemental grants.
1999—Subsec. (h)(1). Pub. L. 106–169, § 131(b), amended heading and text of par. (1) generally. Prior to amendment, text read as follows: “For grants under subsection (a) of this section, there are authorized to be appropriated to the Secretary $20,000,000 for each of fiscal years 1999 through 2003.”
Subsec. (j). Pub. L. 106–169, § 131(a), added subsec. (j).
1998—Subsec. (c)(2)(B). Pub. L. 105–200 substituted “
Pub. L. 115–123, div. E, title VII, § 50761(b),
Amendment by sections 201 and 205 of Pub. L. 113–183 effective as if enacted on
Amendment by sections 202 and 203 of Pub. L. 113–183 effective
Amendment by Pub. L. 110–351 effective
Amendment by Pub. L. 109–288 effective
Pub. L. 108–145, § 5,
Section effective
Pub. L. 108–145, § 2,