(a) the state has determined cannot or shall not be returned to the home of his or her parents; and
(b) the state has first determined:
(i) is a handicapped child as defined in subdivision two of section four hundred fifty-one of this title, or is a hard-to-place child as defined in paragraph (c) of subdivision three of section four hundred fifty-one of this title; and
(ii) a reasonable, but unsuccessful effort has been made to place the child with appropriate adoptive parents without adoption assistance. Such an effort need not be made where such efforts would not be in the best interests of the child because of such factors as the existence of significant emotional ties with prospective adoptive parents while in the care of such parents as a foster child.
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