42 U.S.C. § 300ii — Definitions
submitted 82 years ago by Pub. L. 109-442 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 497 words · no verdicts yet
This section defines key terms used in the lifespan respite care law, like "respite care" and "family caregiver." It also defines who counts as a "child" or "adult with a special need" needing extra care. And it lists which state agencies and jurisdictions qualify to run respite care programs.
In this subchapter:
The term “adult with a special need” means a person 18 years of age or older who requires care or supervision to—
meet the person’s basic needs;
prevent physical self-injury or injury to others; or
avoid placement in an institutional facility.
The term “aging and disability resource center” means an entity administering a program established by the State, as part of the State’s system of long-term care, to provide a coordinated system for providing—
comprehensive information on available public and private long-term care programs, options, and resources;
personal counseling to assist individuals in assessing their existing or anticipated long-term care needs, and developing and implementing a plan for long-term care designed to meet their specific needs and circumstances; and
consumer access to the range of publicly supported long-term care programs for which consumers may be eligible, by serving as a convenient point of entry for such programs.
The term “child with a special need” means an individual less than 18 years of age who requires care or supervision beyond that required of children generally to—
meet the child’s basic needs; or
prevent physical injury, self-injury, or injury to others.
The term “eligible State agency” means a State agency that—
administers the State’s program under the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], administers the State’s program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], or is designated by the Governor of such State to administer the State’s programs under this subchapter;
is an aging and disability resource center;
works in collaboration with a public or private nonprofit statewide respite care coalition or organization; and
demonstrates—
an ability to work with other State and community-based agencies;
an understanding of respite care and family caregiver issues across all age groups, disabilities, and chronic conditions; and
the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients.
The term “family caregiver” means an unpaid family member, a foster parent, or another unpaid individual, who provides in-home monitoring, management, supervision, or treatment* of a child or adult with a special need.
The term “lifespan respite care” means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs.
The term “respite care” means planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of that child or adult.
The term “State” means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Source credit: (July 1, 1944, ch. 373, title XXIX, § 2901, as added Pub. L. 109–442, § 2, Dec. 21, 2006, 120 Stat. 3291; amended Pub. L. 119–75, div. J, title V, § 6506(a), Feb. 3, 2026, 140 Stat. 693.)
- 1944Enacted · Pub. L. 109-442 · 120 Stat. 3291
- 2026Amended · Pub. L. 119-75 · 140 Stat. 693
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-442 on 1944-07-01.
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