; (2) by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; (3) in clause (ii) (as so redesignated by paragraph (2) of this section), by striking the semicolon and inserting a comma; and (4) by inserting after and below clause (ii) (as so redesignated) the following: except that, in the case of a child to whom this subparagraph applies solely because the child has been in foster care under the responsibility of the State for 24 consecutive months and is not in the care of kin (including fictive kin), the State may not file or join such a petition if a parent of the child is actively engaged in services to address the reasons the child entered care (including treatment for substance use disorder, mental health concerns, or parenting skills), if based principally on the incarceration of a parent, or if based principally on the detention of the parent by the Department of Homeland Security or the deportation of the parent