the preadoptive parents of the baby, the preadoptive
parents shall have the right to petition the courts of
the State for an expedited hearing—
‘‘(I) to terminate the parental rights of all
other persons with respect to the baby; and
‘‘(II) to become the adoptive parents of the
baby.
‘‘(ii) In determining whether to grant a petition
described in clause (i), the courts of the State shall
not draw any inference adverse to the interests of a
petitioner by reason of the present or former status
of any petitioner as a foster parent.
‘‘(C) If the preadoptive parents of a baby aban-
doned at birth fail to file a petition described in sub-
paragraph (B)(i) during the 90-day period described
in subparagraph (B)(i), the State shall—
‘‘(i) immediately revoke their designation
as the preadoptive parents of the baby; and
‘‘(ii) within 30 days after the end of such
90-day period—
‘‘(I) find 1 or more individuals (other
than the former preadoptive parents of the
baby) to be the new preadoptive parents of
the baby;
‘‘(II) designate such individual or in-
dividuals as the preadoptive parents of the
baby; and
‘‘(III) place the baby with such indi-
vidual or individuals.
‘‘(2) As used in this subsection:
‘‘(A) The term ‘baby abandoned at birth’ means
a child who—
‘‘(i) has been physically abandoned by the
parents or legal guardians of the child for a
time during the critical period; and
‘‘(ii) has not attained the age of 18
months.
‘‘(B) The term ‘critical period’ means, with re-
spect to a child, the period beginning with the date
the child is born and ending with—
‘‘(i) a date which may be specified by State
law, if such date occurs not earlier than 3
months, and not later than 6 months, after the
date the child is born; or
‘‘(ii) the date the child attains the age of
6 months, if State law fails to specify a date in
accordance with clause (i).
‘‘(3) The provisions and rules of State law that are
enacted or adopted pursuant to this subsection shall not
be construed to affect any provision or rule of State law
with respect to the abandonment of children that is not
so enacted or adopted, except to the extent that such pro-
visions or rules of State law are in direct conflict.’’.
(2) 
CONFORMING
AMENDMENT.—Section
471(b) of such Act (42 U.S.C. 671(b)) is amended
by striking ‘‘the provisions of subsection (a) of this
section’’ and inserting ‘‘subsections (a) and (c)’’.
(b) BABIES ABANDONED AT BIRTH TREATED AS
CHILDREN WITH SPECIAL NEEDS FOR PURPOSES OF
ADOPTION ASSISTANCE PROGRAM.—
(1) IN GENERAL.—Section 473 of such Act (42
U.S.C. 673) is amended by adding at the end the
following:
‘‘(d) Notwithstanding subsection (c), for purposes of
this section, a child who is or was a baby abandoned at
birth (as defined in section 471(c)(2)(A)) shall be consid-
ered a child with special needs.’’.
(2) APPLICABILITY.—The amendment made by
paragraph (1) shall not apply to any child who at-
tains the age of 18 months before the date of the
enactment of this Act.
SEC. 5. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this Act shall apply to pay-
ments under title IV of the Social Security Act for cal-
endar quarters beginning after the calendar quarter in
which this Act is enacted.
(b) DELAY PERMITTED IF STATE LEGISLATION RE-
QUIRED.—In the case of a State plan approved under title
IV of the Social Security Act which the Secretary of
Health and Human Services determines requires State
legislation (other than legislation appropriating funds) in
order for the plan to meet the additional requirements im-
posed by the amendments made by this Act, the State plan
shall not be regarded as failing to comply with the require-
ments of such part solely on the basis of the failure of
the plan to meet such additional requirements before the
1st day of the 1st calendar quarter beginning after the
close of the 1st regular session of the State legislature that
begins after the date of the enactment of this Act. For
purposes of the previous sentence, in the case of a State
that has a 2-year legislative session, each year of such ses-
sion shall be deemed to be a separate regular session of
the State legislature.
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