12 2 STA T .3975PUBLIC LA W 11 0– 351 —O CT. 7 , 200 8‘ ‘ (i)theamoun to f the in cr ea s e that w ou ld other - wise b e p a y able to the S tate under this para g raph for the fiscal year
multiplied by ‘‘(ii) the percentage represented by the amount soa v ailable for the fiscal year , divided by the total amount of increases otherwise payable under this para- graph for the fiscal year .’ ’. ( 2 ) DEFIN I T I O N S . — Section 473A (g) of such Act (42 U .S. C . 6 73b(g)) is amended by adding at the end the following
‘‘(7) H I GH EST E V E R FOSTER C HI LDA DO P TION RATE.— T he term ‘highest ever foster child adoption rate’ means, with respect to any fiscal year, the highest foster child adoption rate determined for any fiscal year in the period that begins with fiscal year 2 0 02 and ends with the preceding fiscal year. ‘‘( 8 ) F OSTER CHILD ADOPTION RATE.—The term ‘foster child adoption rate’ means, with respect to a State and a fiscal year, the percentage determined by dividing— ‘‘(A) the number of foster child adoptions finali z ed in the State during the fiscal year; by ‘‘( B ) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year.’’. (3) CONFOR M ING AMENDMENTS.— (A) STATE ELIGI B ILIT Y .—Section 473A(b)(2) of such Act (42 U.S.C. 673b(b)(2)) is amended— (i) in subparagraph (A), by stri k ing ‘‘or’’ at the end; (ii) in subparagraph (B), by adding ‘‘or’’ at the end; and (iii) by adding at the end the following: ‘‘(C) the State’s foster child adoption rate for the fiscal year e x ceeds the highest ever foster child adoption rate deter- mined for the State;’’. (B) DATA.—Section 473A(c)(2) of such Act (42 U.S.C. 673b(c)(2)), as amended by subsection (a)(3) of this section, is amended by inserting ‘‘and the foster child adoption rate for the State for the fiscal year,’’ after ‘‘during a fiscal year,’’. SEC.402 . PROM O TI O N O FAD OPTION OF C H I L DREN W ITH SPECIAL NEEDS. Section 473 of the Social Security Act (42 U.S.C. 673), as amended by section 1 01(b) of this Act, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A)— ( I ) by redesignating items (aa) and (bb) of clause (i)(I) as subitems (AA) and (BB), respec- tively; (II) in subitem (BB) of clause (i)(I) (as so redesignated), by striking ‘‘item (aa) of this sub- clause’’ and inserting ‘‘subitem (AA) of this item’’; (III) by redesignating subclauses (I) through (III) of clause (i) as items (aa) through (cc), respec- tively; (I V ) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively;
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