12 2 STA T .397 7 PUBLIC LA W 11 0– 3 5 1 —O CT. 7 , 200 8(VI)inclause (i)(I) (as s or e d esi g na t ed) ,by stri k ing ‘ ‘( A )(ii) ’ ’ and inserting ‘‘(A)(i)(II)’’
(VII) in clause (i)(IV) (as so redesignated) — (aa) in t h e m atter p receding item (aa), by striking ‘‘(A)’’ and inserting ‘‘(A)(i)’’; and (bb) by striking the period at the end and inserting ‘‘; or’’; and (VIII) by adding at the end the f ollo w ing
‘‘(ii) in the case of a child who is an applicable child for the fiscal year (as so defined), the child meets the re q uirements of subparagraph (A)(ii)(II), is determined eligible for adoption assistance payments under this part with respect to a prior adoption (or who would ha v e been determined eligible for such payments had the Adoption and S afe F amilies Act of 19 9 7 been in effect at the time that such determination would have been made), and is available for adoption because the prior adoption has been dissolved and the parental rights of the adoptive parents have been terminated or because the child’s adoptive parents have died . ’’; and ( B ) by adding at the end the following: ‘‘(7)(A) N otwithstanding any other provision of this subsection, no payment may be made to parents with respect to any applicable child for a fiscal year that— ‘‘(i) would be considered a child with special needs under subsection (c)( 2 ); ‘‘(ii) is not a citi z en or resident of the U nited States; and ‘‘(iii) was adopted outside of the United States or was brought into the United States for the purpose of being adopted. ‘‘(B) Subparagraph (A) shall not be construed as prohibiting payments under this part for an applicable child described in subparagraph (A) that is placed in foster care subsequent to the failure, as determined by the State, of the initial adoption of the child by the parents described in subparagraph (A). ‘‘( 8 ) A State shall spend an amount equal to the amount of savings (if any) in State e x penditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year to provide to children or families any service (including post - adoption services) that may be provided under this part or part B.’’; (2) in subsection (c)— (A) by redesignating paragraphs (1) and (2) as subpara- graphs (A) and (B), respectively, and realigning the margins accordingly; (B) by striking ‘‘this section, a child shall not be consid- ered a child with special needs unless’’ and inserting ‘‘this section— ‘‘(1) in the case of a child who is not an applicable child for a fiscal year, the child shall not be considered a child with special needs unless’’; and ( C ) in paragraph (1)(B), as so redesignated, by striking the period at the end and inserting ‘‘; or’’; and ( D ) by adding at the end the following: ‘‘(2) in the case of a child who is an applicable child for a fiscal year, the child shall not be considered a child with special needs unless—
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