“(A) $5,000, multiplied by the amount (if any) by which—
“(i) the number of foster child adoptions in the State during the fiscal year; exceeds
“(ii) the product (rounded to the nearest whole number) of—
“(I) the base rate of foster child adoptions for the State for the fiscal year; and
“(II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year;
“(B) $7,500, multiplied by the amount (if any) by which—
“(i) the number of pre-adolescent child adoptions and pre-adolescent foster child guardianships in the State during the fiscal year; exceeds
“(ii) the product (rounded to the nearest whole number) of—
“(I) the base rate of pre-adolescent child adoptions and pre-adolescent foster child guardianships for the State for the fiscal year; and
“(II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year who have attained 9 years of age but not 14 years of age; and
“(C) $10,000, multiplied by the amount (if any) by which—
“(i) the number of older child adoptions and older foster child guardianships in the State during the fiscal year; exceeds
“(ii) the product (rounded to the nearest whole number) of—
“(I) the base rate of older child adoptions and older foster child guardianships for the State for the fiscal year; and
“(II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year who have attained 14 years of age; and
“(D) $4,000, multiplied by the amount (if any) by which—
“(i) the number of foster child guardianships in the State during the fiscal year; exceeds
“(ii) the product (rounded to the nearest whole number) of—
“(I) the base rate of foster child guardianships for the State for the fiscal year; and
“(II) the number of children in foster care under the supervision of the State on the last day of the preceding fiscal year.”
; and
“(3) Increased adoption and legal guardianship incentive payment for timely adoptions.—
“(A) In general.—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).
“(B) Timely adoption award state defined.—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.
“(C) Award amount.—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.”
“(1) Foster 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 finalized 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.
“(2) Base rate of foster child adoptions.—The term ‘base rate of foster child adoptions’ means, with respect to a State and a fiscal year, the lesser of—
“(A) the foster child adoption rate for the State for the then immediately preceding fiscal year; or
“(B) the foster child adoption rate for the State for the average of the then immediately preceding 3 fiscal years.
“(3) Foster child adoption.—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.
“(4) Pre-adolescent child adoption and pre-adolescent foster child guardianship rate.—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—
“(A) the number of pre-adolescent child adoptions and pre-adolescent foster child guardianships finalized 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, who have attained 9 years of age but not 14 years of age.
“(5) Base rate of pre-adolescent child adoptions and pre-adolescent foster child guardianships.—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—
“(A) the pre-adolescent child adoption and pre-adolescent foster child guardianship rate for the State for the then immediately preceding fiscal year; or
“(B) the pre-adolescent child adoption and pre-adolescent foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years.
“(6) Pre-adolescent child adoption and pre-adolescent foster child guardianship.—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—
“(A) at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or
“(B) an adoption assistance agreement was in effect under section 473(a) with respect to the child.
“(7) Older child adoption and older foster child guardianship rate.—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—
“(A) the number of older child adoptions and older foster child guardianships finalized 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, who have attained 14 years of age.
“(8) Base rate of older child adoptions and older foster child guardianships.—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—
“(A) the older child adoption and older foster child guardianship rate for the State for the then immediately preceding fiscal year; or
“(B) the older child adoption and older foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years.
“(9) Older child adoption and older foster child guardianship.—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—
“(A) at the time of the adoptive or foster child guardianship placement, the child was in foster care under the supervision of the State; or
“(B) an adoption assistance agreement was in effect under section 473(a) with respect to the child.
“(10) Foster child guardianship rate.—The term ‘foster child guardianship rate’ means, with respect to a State and a fiscal year, the percentage determined by dividing—
“(A) the number of foster child guardianships occurring 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.
“(11) Base rate of foster child guardianships.—The term ‘base rate of foster child guardianships’ means, with respect to a State and a fiscal year, the lesser of—
“(A) the foster child guardianship rate for the State for the then immediately preceding fiscal year; or
“(B) the foster child guardianship rate for the State for the average of the then immediately preceding 3 fiscal years.
“(12) Foster child guardianship.—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—
“(A) that the State agency has determined that—
“(i) the child has been removed from his or her home pursuant to a voluntary placement agreement or as a result of a judicial determination to the effect that continuation in the home would be contrary to the welfare of the child;
“(ii) being returned home or adopted are not appropriate permanency options for the child;
“(iii) the child demonstrates a strong attachment to the prospective legal guardian, and the prospective legal guardian has a strong commitment to caring permanently for the child; and
“(iv) if the child has attained 14 years of age, the child has been consulted regarding the legal guardianship arrangement; or
“(B) the alternative procedures used by the State to determine that legal guardianship is the appropriate option for the child.”
“SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE PAYMENTS.”
.
“(8)
(A) A State shall calculate the savings (if any) resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, using a methodology specified by the Secretary or an alternate methodology proposed by the State and approved by the Secretary.
“(B) A State shall annually report to the Secretary—
“(i) the methodology used to make the calculation described in subparagraph (A), without regard to whether any savings are found;
“(ii) the amount of any savings referred to in subparagraph (A); and
“(iii) how any such savings are spent, accounting for and reporting the spending separately from any other spending reported to the Secretary under part B or this part.
“(C) The Secretary shall make all information reported pursuant to subparagraph (B) available on the website of the Department of Health and Human Services in a location easily accessible to the public.
“(D)
(i) A State shall spend an amount equal to the amount of the savings (if any) in State expenditures under this part resulting from the application of paragraph (2)(A)(ii) to all applicable children for a fiscal year, to provide to children of families any service that may be provided under part B or this part. A State shall spend not less than 30 percent of any such savings on post-adoption services, post-guardianship services, and services to support and sustain positive permanent outcomes for children who otherwise might enter into foster care under the responsibility of the State, with at least ⅔ of the spending by the State to comply with such 30 percent requirement being spent on post-adoption and post-guardianship services.
“(ii) Any State spending required under clause (i) shall be used to supplement, and not supplant, any Federal or non-Federal funds used to provide any service under part B or this part.”
“(C) Eligibility not affected by replacement of guardian with a successor guardian.—In the event of the death or incapacity of the relative guardian, the eligibility of a child for a kinship guardianship assistance payment under this subsection shall not be affected by reason of the replacement of the relative guardian with a successor legal guardian named in the kinship guardianship assistance agreement referred to in paragraph (1) (including in any amendment to the agreement), notwithstanding subparagraph (A) of this paragraph and section 471(a)(28).”
“(d) To promote improved knowledge on how best to ensure strong, permanent families for children, the Secretary shall promulgate regulations providing for the collection and analysis of information regarding children who enter into foster care under the supervision of a State after prior finalization of an adoption or legal guardianship. The regulations shall require each State with a State plan approved under this part to collect and report as part of such data collection system the number of children who enter foster care under supervision of the State after finalization of an adoption or legal guardianship and may include information concerning the length of the prior adoption or guardianship, the age of the child at the time of the prior adoption or guardianship, the age at which the child subsequently entered foster care under supervision of the State, the type of agency involved in making the prior adoptive or guardianship placement, and any other factors determined necessary to better understand factors associated with the child’s post-adoption or post-guardianship entry to foster care.”
“(12) The term ‘sibling’ means an individual who satisfies at least one of the following conditions with respect to a child:
“(A) The individual is considered by State law to be a sibling of the child.
“(B) The individual would have been considered a sibling of the child under State law but for a termination or other disruption of parental rights, such as the death of a parent.”