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42 U.S.C. § 15092Definitions and special rule

submitted 26 years ago by Pub. L. 106-402 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 438 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines key terms for the family-support law, including 'child with a disability,' 'family,' and 'State.' It also defines 'family support' as help that lets families raise children with disabilities at home. The definition also covers adults 18 or older who live with and are helped by family.

(a) Definitions. In this subchapter: (1) "Child with a disability" means someone who either: (A) has a significant physical or mental impairment, as defined by State policy, regardless of the type of disability; or (B) is an infant or young child (birth through age 8) with a substantial developmental delay, or a specific condition present at or acquired after birth, likely to cause a disability if services aren't provided. (2) "Family": (A) generally means whatever the State says it means; (B) but it never includes a paid employee who cares for a child with a disability in an out-of-home place like a hospital, nursing home, or group home. (3) "Family support for families of children with disabilities" means the state-policy-based supports, resources, services, and other help designed to: (A) support families raising their children with disabilities at home; (B) strengthen the family's role as primary caregiver; (C) prevent children from being placed outside the home involuntarily and keep families together; and (D) reunite families with children who were placed outside the home, whenever possible. (4) "Secretary" means the Secretary of Health and Human Services. (5) "State" means the 50 states, D.C., Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. (6) "Systems change activities" means efforts that produce laws, regulations, policies, practices, or organizational structures that: (A) are family-centered and family-directed; (B) increase access to, provision of, and funding for family support services; and (C) otherwise achieve this subchapter's purposes. (b) Special rule. Wherever this subchapter refers to a "child with a disability," that also includes anyone 18 or older who: (1) has the significant impairment described in subsection (a)(1)(A); and (2) lives with, and gets help from, a family member.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this subchapter:

(1) Child with a disability

The term “child with a disability” means an individual who—

(A)

has a significant physical or mental impairment, as defined pursuant to State policy to the extent that such policy is established without regard to type of disability; or

(B)

is an infant or a young child from birth through age 8 and has a substantial developmental delay or specific congenital or acquired condition that presents a high probability of resulting in a disability if services are not provided to the infant or child.

(2) Family
(A) In general

Subject to subparagraph (B), for purposes of the application of this subchapter in a State, the term “family” has the meaning given the term by the State.

(B) Exclusion of employees

The term does not include an employee who, acting in a paid employment capacity, provides services to a child with a disability in an out-of-home setting such as a hospital, nursing home, personal care home, board and care home, group home, or other facility.

(3) Family support for families of children with disabilities

The term “family support for families of children with disabilities” means supports, resources, services, and other assistance provided to families of children with disabilities pursuant to State policy that are designed to—

(A)

support families in the efforts of such families to raise their children with disabilities in the home;

(B)

strengthen the role of the family as primary caregiver for such children;

(C)

prevent involuntary out-of-the-home placement of such children and maintain family unity; and

(D)

reunite families with children with disabilities who have been placed out of the home, whenever possible.

(4) Secretary

The term “Secretary” means the Secretary of Health and Human Services.

(5) State

The term “State” means each of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(6) Systems change activities

The term “systems change activities” means efforts that result in laws, regulations, policies, practices, or organizational structures—

(A)

that are family-centered and family-directed;

(B)

that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and

(C)

that otherwise accomplish the purposes of this subchapter.

(b) Special rule

References in this subchapter to a child with a disability shall be considered to include references to an individual who is not younger than age 18 who—

(1)

has a significant impairment described in subsection (a)(1)(A); and

(2)

is residing with and receiving assistance from a family member.

Source credit: (Pub. L. 106–402, title II, § 203, Oct. 30, 2000, 114 Stat. 1729.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-402 · 114 Stat. 1729

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-402 on 2000-10-30.

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