12 2 STA T .3976PUBLIC LA W 11 0– 3 5 1 —O CT. 7 , 200 8(V)byrealign ing th e m argin sof the items , s u b c lauses, an d clauses redesignated by subclauses ( I ) through (IV) accordingly
(VI) by stri k ing ‘ ‘if the child —’ ’ and inserting ‘‘if— ‘‘(i) in the case of a child w hoisnotana p plicable child for the fiscal year (as defined in subsection (e)), the child— ’’; (VII) in subclause (II) of clause (i) (as so redesignated)— (aa) by striking ‘‘(c)’’ and inserting ‘‘(c)( 1 )’’; and (bb) by striking the period at the end and inserting ‘‘; or’’; and (VIII) by adding at the end the following
‘‘(ii) in the case of a child who is an applicable child for the fiscal year (as so defined), the child— ‘‘(I)(aa) at the time of initiation of adoption proceedings was in the care of a public or licensed pri v ate child place - ment agency or Indian tribal organi z ation pursuant to— ‘‘( A A) an involuntary removal of the child from the home in accordance with a j udicial determination to the effect that continuation in the home would be contrary to the welfare of the child; or ‘‘( B B) a voluntary placement agreement or vol- untary relin q uishment; ‘‘(bb) meets all medical or disability requirements of title X VI with respect to eligibility for supplemental secu- rity income benefits; or ‘‘(cc) was residing in a foster family home or child care institution with the child’s minor parent, and the child’s minor parent was in such foster family home or child care institution pursuant to— ‘‘(AA) an involuntary removal of the child from the home in accordance with a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child; or ‘‘(BB) a voluntary placement agreement or vol- untary relinquishment; and ‘‘(II) has been determined by the S tate, pursuant to subsection (c)( 2 ), to be a child with special needs . ’’; and (ii) in subparagraph ( C )— (I) by redesignating subclauses (I) and (II) of clause (iii) as items (aa) and (bb), respectively; (II) by redesignating subclauses (I) and (II) of clause (iv) as items (aa) and (bb), respectively; (III) by redesignating clauses (i) through (iv) as subclauses (I) through (IV), respectively; (IV) by realigning the margins of the sub- clauses and clauses redesignated by subclauses (I) through (III) accordingly; (V) by striking ‘‘if the child—’’ and inserting ‘‘if— ‘‘(i) in the case of a child who is not an applicable child for the fiscal year (as defined in subsection (e)), the child— ’’;
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