42 U.S.C. § 673b
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.
A State is an incentive-eligible State for a fiscal year if-
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)-
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.
Except as provided in paragraphs (2) and (3), the adoption and legal guardianship incentive payment payable to a State for a fiscal year under this section shall be equal to the sum of-
For any fiscal year, if the total amount of adoption incentive payments otherwise payable under paragraph (1) for a fiscal year exceeds the amount appropriated pursuant to subsection (h) for the fiscal year, the amount of the adoption incentive payment payable to each State under paragraph (1) for the fiscal year shall be-
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.
As used in this section:
The term "foster child adoption rate" means, with respect to a State and a fiscal year, the percentage determined by dividing-
The term "base rate of foster child adoptions" means, with respect to a State and a fiscal year, the lesser of-
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 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 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-
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 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 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-
The term "foster child guardianship rate" means, with respect to a State and a fiscal year, the percentage determined by dividing-
The term "base rate of foster child guardianships" means, with respect to a State and a fiscal year, the lesser of-
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-
For grants under subsection (a), there are authorized to be appropriated to the Secretary-
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.
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:
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.
42 U.S.C. § 673b
EDITORIAL NOTES
AMENDMENTS2018-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) DETERMINATIONS BASED ON AFCARS DATA.-Except as provided in subparagraph (B), the Secretary shall determine the numbers of foster child adoptions and of special needs adoptions in a State during each of fiscal years 1995 through 2002, 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."(B) ALTERNATIVE DATA SOURCES PERMITTED FOR FISCAL YEARS 1995 THROUGH 1997.-For purposes of the determination described in subparagraph (A) for fiscal years 1995 through 1997, the Secretary may use data from a source or sources other than that specified in subparagraph (A) that the Secretary finds to be of equivalent completeness and reliability, as reported by a State by April 30, 1998, and approved by the Secretary by July 1, 1998."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 "April 30, 1998" for "November 30, 1997" and "July 1, 1998" for "March 1, 1998".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115-123, div. E, title VII, §50761(b), Feb. 9, 2018, 132 Stat. 267, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as if enacted on October 1, 2017."
EFFECTIVE DATE OF 2014 AMENDMENT Amendment by sections 201 and 205 of Pub. L. 113-183 effective as if enacted on Oct. 1, 2013, see section 210(a) of Pub. L. 113-183 set out as a note under section 671 of this title.Amendment by sections 202 and 203 of Pub. L. 113-183 effective Oct. 1, 2014, subject to a transition rule, see section 210(b) of Pub. L. 113-183 set out as a note under section 671 of this title.
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-351 effective Oct. 7, 2008, and applicable to payments under this part and part B of this subchapter for quarters beginning on or after such date, with delay permitted if State legislation is required to meet additional requirements, see section 601 of Pub. L. 110-351 set out as a note under section 671 of this title.
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-288 effective Oct. 1, 2006, and applicable to payments under this part and part B of this subchapter for calendar quarters beginning on or after such date, without regard to whether implementing regulations have been promulgated, and with delay permitted if State legislation is required to meet additional requirements, see section 12(a), (b) of Pub. L. 109-288 set out as a note under section 621 of this title.
EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-145, §5, Dec. 2, 2003, 117 Stat. 1882, provided that: "The amendments made by this Act [amending this section and section 674 of this title] shall take effect on October 1, 2003."
EFFECTIVE DATESection effective Nov. 19, 1997, except as otherwise provided, with delay permitted if State legislation is required, see section 501 of Pub. L. 105-89 set out as an Effective Date of 1997 Amendment note under section 622 of this title.
FINDINGS Pub. L. 108-145, §2, Dec. 2, 2003, 117 Stat. 1879, provided that: "The Congress finds the following:"(1) In 1997, the Congress passed the Adoption and Safe Families Act of 1997 [Pub. L. 105-89; see Short Title of 1997 Amendment note set out under section 1305 of this title] to promote comprehensive child welfare reform to ensure that consideration of children's safety is paramount in child welfare decisions, and to provide a greater sense of urgency to find every child a safe, permanent home."(2) The Adoption and Safe Families Act of 1997 also created the Adoption Incentives program, which authorizes incentive payments to States to promote adoptions, with additional incentives provided for the adoption of foster children with special needs."(3) Since 1997, all States, the District of Columbia, and Puerto Rico have qualified for incentive payments for their work in promoting adoption of foster children."(4) Between 1997 and 2002, adoptions increased by 64 percent, and adoptions of children with special needs increased by 63 percent; however, 542,000 children remain in foster care, and 126,000 are eligible for adoption."(5) Although substantial progress has been made to promote adoptions, attention should be focused on promoting adoption of older children. Recent data suggest that half of the children waiting to be adopted are age 9 or older."
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1See References in Text note below.