time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements. 3. Greater flexibility for States before petitioning to modify parental rights Section 475(5)(E) of the Social Security Act ( 42 U.S.C. 675(5)(E) ) is amended— (1) by striking 15 of the most recent 22 months and inserting 24 consecutive months and who is not in the care of kin (including fictive kin), the State may consider filing or joining a petition for modification or termination of parental rights only after demonstrating by clear and convincing evidence that the State has provided to the family of the child such services, supports, and time needed to address the reasons for foster care and enable the family to safely reunify, and by demonstrating compelling reasons why the modification or termination is in the best interest of the child, and if the child is living with a kinship (including fictive kinship) caregiver, the State agency shall provide a meaningful opportunity for the kinship (including fictive kinship) caregiver to express whether modification or termination is or is not in the best interests of the child and shall document such in the case plan of the child