IV
105TH CONGRESS
1ST SESSION
H. RES. 327
Providing for the consideration of the bill H.R. 867 and the Senate
amendment thereto.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 13, 1997
Mr. SHAW submitted the following resolution; which was considered and
agreed to
RESOLUTION
Providing for the consideration of the bill H.R. 867 and
the Senate amendment thereto.
Resolved, That, upon the adoption of this resolution,
the House shall be considered to have taken from the
Speaker’s table the bill H.R. 867 and an amendment of
the Senate thereto and to have concurred in the amend-
ment of the Senate with an amendment as follows: in lieu
of the matter proposed to be inserted by the Senate, insert
the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Adoption and Safe Families Act of 1997’’.
•HRES 327 ATH
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—REASONABLE EFFORTS AND SAFETY REQUIREMENTS
FOR FOSTER CARE AND ADOPTION PLACEMENTS
Sec. 101. Clarification of the reasonable efforts requirement.
Sec. 102. Including safety in case plan and case review system requirements.
Sec. 103. States required to initiate or join proceedings to terminate parental
rights for certain children in foster care.
Sec. 104. Notice of reviews and hearings; opportunity to be heard.
Sec. 105. Use of the Federal Parent Locator Service for child welfare services.
Sec. 106. Criminal records checks for prospective foster and adoptive parents.
Sec. 107. Documentation of efforts for adoption or location of a permanent
home.
TITLE II—INCENTIVES FOR PROVIDING PERMANENT FAMILIES
FOR CHILDREN
Sec. 201. Adoption incentive payments.
Sec. 202. Adoptions across State and county jurisdictions.
Sec. 203. Performance of States in protecting children.
TITLE III—ADDITIONAL IMPROVEMENTS AND REFORMS
Sec. 301. Authority to approve more child protection demonstration projects.
Sec. 302. Permanency hearings.
Sec. 303. Kinship care.
Sec. 304. Clarification of eligible population for independent living services.
Sec. 305. Reauthorization and expansion of family preservation and support
services.
Sec. 306. Health insurance coverage for children with special needs.
Sec. 307. Continuation of eligibility for adoption assistance payments on behalf
of children with special needs whose initial adoption has been
dissolved.
Sec. 308. State standards to ensure quality services for children in foster care.
TITLE IV—MISCELLANEOUS
Sec. 401. Preservation of reasonable parenting.
Sec. 402. Reporting requirements.
Sec. 403. Sense of Congress regarding standby guardianship.
Sec. 404. Temporary adjustment of Contingency Fund for State Welfare Pro-
grams.
Sec. 405. Coordination of substance abuse and child protection services.
Sec. 406. Purchase of American-made equipment and products.
TITLE V—EFFECTIVE DATE
Sec. 501. Effective date.
•HRES 327 ATH
TITLE I—REASONABLE EFFORTS
AND SAFETY REQUIREMENTS
FOR 
FOSTER 
CARE 
AND
ADOPTION PLACEMENTS
SEC. 101. CLARIFICATION OF THE REASONABLE EFFORTS
REQUIREMENT.
(a) IN GENERAL.—Section 471(a)(15) of the Social
Security Act (42 U.S.C. 671(a)(15)) is amended to read
as follows:
‘‘(15) provides that—
‘‘(A) in determining reasonable efforts to
be made with respect to a child, as described in
this paragraph, and in making such reasonable
efforts, the child’s health and safety shall be the
paramount concern;
‘‘(B) except as provided in subparagraph
(D), reasonable efforts shall be made to pre-
serve and reunify families—
‘‘(i) prior to the placement of a child
in foster care, to prevent or eliminate the
need for removing the child from the
child’s home; and
‘‘(ii) to make it possible for a child to
safely return to the child’s home;
•HRES 327 ATH
‘‘(C) if continuation of reasonable efforts
of the type described in subparagraph (B) is de-
termined to be inconsistent with the perma-
nency plan for the child, reasonable efforts shall
be made to place the child in a timely manner
in accordance with the permanency plan, and to
complete whatever steps are necessary to final-
ize the permanent placement of the child;
‘‘(D) reasonable efforts of the type de-
scribed in subparagraph (B) shall not be re-
quired to be made with respect to a parent of
a child if a court of competent jurisdiction has
determined that—
‘‘(i) the parent has subjected the child
to aggravated circumstances (as defined in
State law, which definition may include but
need not be limited to abandonment, tor-
ture, chronic abuse, and sexual abuse);
‘‘(ii) the parent has—
‘‘(I) committed murder (which
would have been an offense under sec-
tion 1111(a) of title 18, United States
Code, if the offense had occurred in
the special maritime or territorial ju-
•HRES 327 ATH
risdiction of the United States) of an-
other child of the parent;
‘‘(II) committed voluntary man-
slaughter (which would have been an
offense under section 1112(a) of title
18, United States Code, if the offense
had occurred in the special maritime
or territorial jurisdiction of the United
States) of another child of the parent;
‘‘(III) aided or abetted, at-
tempted, conspired, or solicited to
commit such a murder or such a vol-
untary manslaughter; or
‘‘(IV) committed a felony assault
that results in serious bodily injury to
the child or another child of the par-
ent; or
‘‘(iii) the parental rights of the parent
to a sibling have been terminated involun-
tarily;
‘‘(E) if reasonable efforts of the type de-
scribed in subparagraph (B) are not made with
respect to a child as a result of a determination
made by a court of competent jurisdiction in ac-
cordance with subparagraph (D)—
•HRES 327 ATH
‘‘(i) a permanency hearing (as de-
scribed in section 475(5)(C)) shall be held
for the child within 30 days after the de-
termination; and
‘‘(ii) reasonable efforts shall be made
to place the child in a timely manner in ac-
cordance with the permanency plan, and to
complete whatever steps are necessary to
finalize the permanent placement of the
child; and
‘‘(F) reasonable efforts to place a child for
adoption or with a legal guardian may be made
concurrently with reasonable efforts of the type
described in subparagraph (B);’’.
(b) DEFINITION OF LEGAL GUARDIANSHIP.—Section
475 of such Act (42 U.S.C. 675) is amended by adding
at the end the following:
‘‘(7) The term ‘legal guardianship’ means a ju-
dicially created relationship between child and care-
taker which is intended to be permanent and self-
sustaining as evidenced by the transfer to the care-
taker of the following parental rights with respect to
the child: protection, education, care and control of
the person, custody of the person, and decisionmak-
•HRES 327 ATH
ing. The term ‘legal guardian’ means the caretaker
in such a relationship.’’.
(c) CONFORMING AMENDMENT.—Section 472(a)(1)
of such Act (42 U.S.C. 672(a)(1)) is amended by inserting
‘‘for a child’’ before ‘‘have been made’’.
(d) RULE OF CONSTRUCTION.—Part E of title IV of
such Act (42 U.S.C. 670–679) is amended by inserting
after section 477 the following:
‘‘SEC. 478. RULE OF CONSTRUCTION.
‘‘Nothing in this part shall be construed as preclud-
ing State courts from exercising their discretion to protect
the health and safety of children in individual cases, in-
cluding cases other than those described in section
471(a)(15)(D).’’.
SEC. 102. INCLUDING SAFETY IN CASE PLAN AND CASE RE-
VIEW SYSTEM REQUIREMENTS.
Title IV of the Social Security Act (42 U.S.C. 601
et seq.) is amended—
(1) in section 422(b)(10)(B)—
(A) in clause (iii)(I), by inserting ‘‘safe
and’’ after ‘‘where’’; and
(B) in clause (iv), by inserting ‘‘safely’’
after ‘‘remain’’; and
(2) in section 475—
(A) in paragraph (1)—
•HRES 327 ATH
(i) in subparagraph (A), by inserting
‘‘safety and’’ after ‘‘discussion of the’’; and
(ii) in subparagraph (B)—
(I) by inserting ‘‘safe and’’ after
‘‘child receives’’; and
(II) by inserting ‘‘safe’’ after ‘‘re-
turn of the child to his own’’; and
(B) in paragraph (5)—
(i) in subparagraph (A), in the matter
preceding clause (i), by inserting ‘‘a safe
setting that is’’ after ‘‘placement in’’; and
(ii) in subparagraph (B)—
(I) by inserting ‘‘the safety of the
child,’’ after ‘‘determine’’; and
(II) by inserting ‘‘and safely
maintained in’’ after ‘‘returned to’’.
SEC. 103. STATES REQUIRED TO INITIATE OR JOIN PRO-
CEEDINGS 
TO 
TERMINATE 
PARENTAL
RIGHTS FOR CERTAIN CHILDREN IN FOSTER
CARE.
(a) REQUIREMENT
FOR
PROCEEDINGS.—Section
475(5) of the Social Security Act (42 U.S.C. 675(5)) is
amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (C);
•HRES 327 ATH
(2) by striking the period at the end of sub-
paragraph (D) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) in the case of a child who has been
in foster care under the responsibility of the
State for 15 of the most recent 22 months, or,
if a court of competent jurisdiction has deter-
mined a child to be an abandoned infant (as de-
fined under State law) or has made a deter-
mination that the parent has committed murder
of another child of the parent, committed vol-
untary manslaughter of another child of the
parent, aided or abetted, attempted, conspired,
or solicited to commit such a murder or such a
voluntary manslaughter, or committed a felony
assault that has resulted in serious bodily in-
jury to the child or to another child of the par-
ent, the State shall file a petition to terminate
the parental rights of the child’s parents (or, if
such a petition has been filed by another party,
seek to be joined as a party to the petition),
and, concurrently, to identify, recruit, process,
and approve a qualified family for an adoption,
unless—
•HRES 327 ATH
‘‘(i) at the option of the State, the
child is being cared for by a relative;
‘‘(ii) a State agency has documented
in the case plan (which shall be available
for court review) a compelling reason for
determining that filing such a petition
would not be in the best interests of the
child; or
‘‘(iii) the State has not provided to
the family of the child, consistent with the
time period in the State case plan, such
services as the State deems necessary for
the safe return of the child to the child’s
home, if reasonable efforts of the type de-
scribed in section 471(a)(15)(B)(ii) are re-
quired to be made with respect to the
child.’’.
(b) DETERMINATION
OF BEGINNING
OF FOSTER
CARE.—Section 475(5) of the Social Security Act (42
U.S.C. 675(5)), as amended by subsection (a), is amend-
ed—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of sub-
paragraph (E) and inserting ‘‘; and’’; and
•HRES 327 ATH
(3) by adding at the end the following:
‘‘(F) a child shall be considered to have en-
tered foster care on the earlier of—
‘‘(i) the date of the first judicial find-
ing that the child has been subjected to
child abuse or neglect; or
‘‘(ii) the date that is 60 days after the
date on which the child is removed from
the home.’’.
(c) TRANSITION RULES.—
(1) NEW FOSTER CHILDREN.—In the case of a
child who enters foster care (within the meaning of
section 475(5)(F) of the Social Security Act) under
the responsibility of a State after the date of the en-
actment of this Act—
(A) if the State comes into compliance
with the amendments made by subsection (a) of
this section before the child has been in such
foster care for 15 of the most recent 22
months, the State shall comply with section
475(5)(E) of the Social Security Act with re-
spect to the child when the child has been in
such foster care for 15 of the most recent 22
months; and
•HRES 327 ATH
(B) if the State comes into such compli-
ance after the child has been in such foster care
for 15 of the most recent 22 months, the State
shall comply with such section 475(5)(E) with
respect to the child not later than 3 months
after the end of the first regular session of the
State legislature that begins after such date of
enactment.
(2) CURRENT FOSTER CHILDREN.—In the case
of children in foster care under the responsibility of
the State on the date of the enactment of this Act,
the State shall—
(A) not later than 6 months after the end
of the first regular session of the State legisla-
ture that begins after such date of enactment,
comply with section 475(5)(E) of the Social Se-
curity Act with respect to not less than 1⁄3 of
such children as the State shall select, giving
priority to children for whom the permanency
plan (within the meaning of part E of title IV
of the Social Security Act) is adoption and chil-
dren who have been in foster care for the great-
est length of time;
(B) not later than 12 months after the end
of such first regular session, comply with such
•HRES 327 ATH
section 475(5)(E) with respect to not less than
2⁄3 of such children as the State shall select;
and
(C) not later than 18 months after the end
of such first regular session, comply with such
section 475(5)(E) with respect to all of such
children.
(3) TREATMENT OF 2-YEAR LEGISLATIVE SES-
SIONS.—For purposes of this subsection, in the case
of a State that has a 2-year legislative session, each
year of the session is deemed to be a separate regu-
lar session of the State legislature.
(4) REQUIREMENTS TREATED AS STATE PLAN
REQUIREMENTS.—For purposes of part E of title IV
of the Social Security Act, the requirements of this
subsection shall be treated as State plan require-
ments imposed by section 471(a) of such Act.
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or in part E of title IV of the Social Security Act
(42 U.S.C. 670 et seq.), as amended by this Act, shall
be construed as precluding State courts or State agencies
from initiating the termination of parental rights for rea-
sons other than, or for timelines earlier than, those speci-
fied in part E of title IV of such Act, when such actions
are determined to be in the best interests of the child,
•HRES 327 ATH
including cases where the child has experienced multiple
foster care placements of varying durations.
SEC. 104. NOTICE OF REVIEWS AND HEARINGS; OPPOR-
TUNITY TO BE HEARD.
Section 475(5) of the Social Security Act (42 U.S.C.
675(5)), as amended by section 103, is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (E);
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(G) the foster parents (if any) of a child
and any preadoptive parent or relative provid-
ing care for the child are provided with notice
of, and an opportunity to be heard in, any re-
view or hearing to be held with respect to the
child, except that this subparagraph shall not
be construed to require that any foster parent,
preadoptive parent, or relative providing care
for the child be made a party to such a review
or hearing solely on the basis of such notice and
opportunity to be heard.’’.
•HRES 327 ATH
SEC. 105. USE OF THE FEDERAL PARENT LOCATOR SERV-
ICE FOR CHILD WELFARE SERVICES.
Section 453 of the Social Security Act (42 U.S.C.
653) is amended—
(1) in subsection (a)(2)—
(A) in the matter preceding subparagraph
(A), by inserting ‘‘or making or enforcing child
custody or visitation orders,’’ after ‘‘obliga-
tions,’’; and
(B) in subparagraph (A)—
(i) by striking ‘‘or’’ at the end of
clause (ii);
(ii) by striking the comma at the end
of clause (iii) and inserting ‘‘; or’’; and
(iii) by inserting after clause (iii) the
following:
‘‘(iv) who has or may have parental
rights with respect to a child,’’; and
(2) in subsection (c)—
(A) by striking the period at the end of
paragraph (3) and inserting ‘‘; and’’; and
(B) by adding at the end the following:
‘‘(4) a State agency that is administering a pro-
gram operated under a State plan under subpart 1
of part B, or a State plan approved under subpart
2 of part B or under part E.’’.
•HRES 327 ATH
SEC. 106. CRIMINAL RECORDS CHECKS FOR PROSPECTIVE
FOSTER AND ADOPTIVE PARENTS.
Section 471(a) of the Social Security Act (42 U.S.C.
671(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(18);
(2) by striking the period at the end of para-
graph (19) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(20)(A) unless an election provided for in sub-
paragraph (B) is made with respect to the State,
provides procedures for criminal records checks for
any prospective foster or adoptive parent before the
foster or adoptive parent may be finally approved for
placement of a child on whose behalf foster care
maintenance payments or adoption assistance pay-
ments are to be made under the State plan under
this part, including procedures requiring that—
‘‘(i) in any case in which a record check re-
veals a felony conviction for child abuse or ne-
glect, for spousal abuse, for a crime against
children (including child pornography), or for a
crime involving violence, including rape, sexual
assault, or homicide, but not including other
physical assault or battery, if a State finds that
a court of competent jurisdiction has deter-
•HRES 327 ATH
mined that the felony was committed at any
time, such final approval shall not be granted;
and
‘‘(ii) in any case in which a record check
reveals a felony conviction for physical assault,
battery, or a drug-related offense, if a State
finds that a court of competent jurisdiction has
determined that the felony was committed with-
in the past 5 years, such final approval shall
not be granted; and
‘‘(B) subparagraph (A) shall not apply to a
State plan if the Governor of the State has notified
the Secretary in writing that the State has elected
to make subparagraph (A) inapplicable to the State,
or if the State legislature, by law, has elected to
make subparagraph (A) inapplicable to the State.’’.
SEC. 107. DOCUMENTATION OF EFFORTS FOR ADOPTION
OR LOCATION OF A PERMANENT HOME.
Section 475(1) of the Social Security Act (42 U.S.C.
675(1)) is amended—
(1) in the last sentence—
(A) by striking ‘‘the case plan must also
include’’; and
(B) by redesignating such sentence as sub-
paragraph (D) and indenting appropriately; and
•HRES 327 ATH
(2) by adding at the end the following:
‘‘(E) In the case of a child with respect to
whom the permanency plan is adoption or
placement in another permanent home, docu-
mentation of the steps the agency is taking to
find an adoptive family or other permanent liv-
ing arrangement for the child, to place the child
with an adoptive family, a fit and willing rel-
ative, a legal guardian, or in another planned
permanent living arrangement, and to finalize
the adoption or legal guardianship. At a mini-
mum, such documentation shall include child
specific recruitment efforts such as the use of
State, regional, and national adoption ex-
changes including electronic exchange sys-
tems.’’.
TITLE II—INCENTIVES FOR PRO-
VIDING 
PERMANENT 
FAMI-
LIES FOR CHILDREN
SEC. 201. ADOPTION INCENTIVE PAYMENTS.
(a) IN GENERAL.—Part E of title IV of the Social
Security Act (42 U.S.C. 670–679) is amended by inserting
after section 473 the following:
•HRES 327 ATH
‘‘SEC. 473A. ADOPTION INCENTIVE PAYMENTS.
‘‘(a) GRANT AUTHORITY.—Subject to the availability
of such amounts as may be provided in advance in appro-
priations 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 incen-
tive 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 STATE.—A State is an in-
centive-eligible State for a fiscal year if—
‘‘(1) the State has a plan approved under this
part for the fiscal year;
‘‘(2) the number of foster child adoptions in the
State during the fiscal year exceeds the base number
of foster child adoptions for the State for the fiscal
year;
‘‘(3) the State is in compliance with subsection
(c) for the fiscal year;
‘‘(4) in the case of fiscal years 2001 and 2002,
the State provides health insurance coverage to any
child with special needs (as determined under sec-
tion 473(c)) for whom there is in effect an adoption
assistance agreement between a State and an adop-
tive parent or parents; and
•HRES 327 ATH
‘‘(5) the fiscal year is any of fiscal years 1998
through 2002.
‘‘(c) DATA REQUIREMENTS.—
‘‘(1) IN GENERAL.—A State is in compliance
with this subsection for a fiscal year if the State has
provided to the Secretary the data described in para-
graph (2)—
‘‘(A) for fiscal years 1995 through 1997
(or, if the 1st fiscal year for which the State
seeks a grant under this section is after fiscal
year 1998, the fiscal year that precedes such
1st fiscal year); and
‘‘(B) for each succeeding fiscal year that
precedes the fiscal year.
‘‘(2) DETERMINATION OF NUMBERS OF ADOP-
TIONS.—
‘‘(A) DETERMINATIONS BASED ON AFCARS
DATA.—Except as provided in subparagraph
(B), the Secretary shall determine the numbers
of foster child adoptions and of special needs
adoptions in a State during each of fiscal years
1995 through 2002, for purposes of this sec-
tion, on the basis of data meeting the require-
ments of the system established pursuant to
section 479, as reported by the State and ap-
•HRES 327 ATH
proved by the Secretary by August 1 of the suc-
ceeding fiscal year.
‘‘(B) ALTERNATIVE DATA SOURCES PER-
MITTED
FOR
FISCAL
YEARS
1995
THROUGH
1997.—For purposes of the determination de-
scribed in subparagraph (A) for fiscal years
1995 through 1997, the Secretary may use data
from a source or sources other than that speci-
fied in subparagraph (A) that the Secretary
finds to be of equivalent completeness and reli-
ability, as reported by a State by November 30,
1997, and approved by the Secretary by March
1, 1998.
‘‘(3) NO WAIVER OF AFCARS REQUIREMENTS.—
This section shall not be construed to alter or affect
any requirement of section 479 or of any regulation
prescribed under such section with respect to report-
ing of data by States, or to waive any penalty for
failure to comply with such a requirement.
‘‘(d) ADOPTION INCENTIVE PAYMENT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the adoption incentive payment payable to
a State for a fiscal year under this section shall be
equal to the sum of—
•HRES 327 ATH
‘‘(A) $4,000, multiplied by the amount (if
any) by which the number of foster child adop-
tions in the State during the fiscal year exceeds
the base number of foster child adoptions for
the State for the fiscal year; and
‘‘(B) $2,000, multiplied by the amount (if
any) by which the number of special needs
adoptions in the State during the fiscal year ex-
ceeds the base number of special needs adop-
tions for the State for the fiscal year.
‘‘(2) PRO RATA ADJUSTMENT IF INSUFFICIENT
FUNDS AVAILABLE.—For any fiscal year, if the total
amount of adoption incentive payments otherwise
payable under this section for a fiscal year exceeds
the amount appropriated pursuant to subsection (h)
for the fiscal year, the amount of the adoption incen-
tive payment payable to each State under this sec-
tion for the fiscal year shall be—
‘‘(A) the amount of the adoption incentive
payment that would otherwise be payable to the
State under this section for the fiscal year; mul-
tiplied by
‘‘(B) the percentage represented by the
amount so appropriated for the fiscal year, di-
vided by the total amount of adoption incentive
•HRES 327 ATH
payments otherwise payable under this section
for the fiscal year.
‘‘(e) 2-YEAR AVAILABILITY
OF INCENTIVE PAY-
MENTS.—Payments to a State under this section in a fis-
cal year shall remain available for use by the State
through the end of the succeeding fiscal year.
‘‘(f) LIMITATIONS
ON USE
OF INCENTIVE PAY-
MENTS.—A State shall not expend an amount paid to the
State under this section except to provide to children or
families any service (including post-adoption services) that
may be provided under part B or E. Amounts expended
by a State in accordance with the preceding sentence shall
be disregarded in determining State expenditures for pur-
poses of Federal matching payments under sections 423,
434, and 474.
‘‘(g) DEFINITIONS.—As used in this section:
‘‘(1) 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.
‘‘(2) SPECIAL
NEEDS
ADOPTION.—The term
‘special needs adoption’ means the final adoption of
a child for whom an adoption assistance agreement
is in effect under section 473.
•HRES 327 ATH
‘‘(3) BASE NUMBER OF FOSTER CHILD ADOP-
TIONS.—The term ‘base number of foster child
adoptions for a State’ means—
‘‘(A) with respect to fiscal year 1998, the
average number of foster child adoptions in the
State in fiscal years 1995, 1996, and 1997; and
‘‘(B) with respect to any subsequent fiscal
year, the number of foster child adoptions in
the State in the fiscal year for which the num-
ber is the greatest in the period that begins
with fiscal year 1997 and ends with the fiscal
year preceding such subsequent fiscal year.
‘‘(4) BASE NUMBER OF SPECIAL NEEDS ADOP-
TIONS.—The term ‘base number of special needs
adoptions for a State’ means—
‘‘(A) with respect to fiscal year 1998, the
average number of special needs adoptions in
the State in fiscal years 1995, 1996, and 1997;
and
‘‘(B) with respect to any subsequent fiscal
year, the number of special needs adoptions in
the State in the fiscal year for which the num-
ber is the greatest in the period that begins
with fiscal year 1997 and ends with the fiscal
year preceding such subsequent fiscal year.