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42 U.S. Code § 673b. Adoption and legal guardianship incentive payments
(a) Grant authority
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.
(b) Incentive-eligible StateA State is an incentive-eligible State for a fiscal year if—
(1)
the State has a plan approved under this part for the fiscal year;
(2)
the State is in compliance with subsection (c) for the fiscal year;
(3)
the State provides health insurance coverage to any child with special needs (as determined under section 673(c) of this title) for whom there is in effect an adoption assistance agreement between a State and an adoptive parent or parents; and
(4)
the fiscal year is any of fiscal years 2016 through 2020.
(c) Data requirements
(1) In generalA 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)—
(A)
for fiscal years 1995 through 1997 (or, if the first fiscal year for which the State seeks a grant under this section is after fiscal year 1998, the fiscal year that precedes such first fiscal year); and
(B)
for each succeeding fiscal year that precedes the fiscal year.
(2) Determination of rates of adoptions and guardianships based on AFCARS data
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).
(3) No waiver of AFCARS requirements
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.