{"identifier":"/us/usc/t42/s15092","title":42,"num":"\u00a7\u202f15092.","heading":"Definitions and special rule","text":"\u00a7\u202f15092.\nDefinitions and special rule\n(a)\nDefinitions\nIn this subchapter:\n(1)\nChild with a disability\nThe term \u201cchild with a disability\u201d means an individual who\u2014\n(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\n(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.\n(2)\nFamily\n(A)\nIn general\nSubject to subparagraph (B), for purposes of the application of this subchapter in a State, the term \u201cfamily\u201d has the meaning given the term by the State.\n(B)\nExclusion of employees\nThe 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.\n(3)\nFamily support for families of children with disabilities\nThe term \u201cfamily support for families of children with disabilities\u201d means supports, resources, services, and other assistance provided to families of children with disabilities pursuant to State policy that are designed to\u2014\n(A) support families in the efforts of such families to raise their children with disabilities in the home;\n(B) strengthen the role of the family as primary caregiver for such children;\n(C) prevent involuntary out-of-the-home placement of such children and maintain family unity; and\n(D) reunite families with children with disabilities who have been placed out of the home, whenever possible.\n(4)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of Health and Human Services.\n(5)\nState\nThe term \u201cState\u201d 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.\n(6)\nSystems change activities\nThe term \u201csystems change activities\u201d means efforts that result in laws, regulations, policies, practices, or organizational structures\u2014\n(A) that are family-centered and family-directed;\n(B) that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and\n(C) that otherwise accomplish the purposes of this subchapter.\n(b)\nSpecial rule\nReferences 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\u2014\n(1) has a significant impairment described in subsection (a)(1)(A); and\n(2) is residing with and receiving assistance from a family member.","url":"https://projectusc.org/usc/t42/s15092.html","content":[{"t":"sec","id":"/us/usc/t42/s15092","children":[{"t":"num","text":"\u00a7\u202f15092."},{"t":"heading","text":"Definitions and special rule"},{"t":"subsec","id":"/us/usc/t42/s15092/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Definitions"},{"t":"chapeau","text":"In this subchapter:"},{"t":"para","id":"/us/usc/t42/s15092/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Child with a disability"},{"t":"chapeau","text":"The term \u201cchild with a disability\u201d means an individual who\u2014"},{"t":"subpara","id":"/us/usc/t42/s15092/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s15092/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s15092/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Family"},{"t":"subpara","id":"/us/usc/t42/s15092/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Subject to subparagraph (B), for purposes of the application of this subchapter in a State, the term \u201cfamily\u201d has the meaning given the term by the State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s15092/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Exclusion of employees"},{"t":"content","children":[{"t":"p","text":"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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s15092/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Family support for families of children with disabilities"},{"t":"chapeau","text":"The term \u201cfamily support for families of children with disabilities\u201d means supports, resources, services, and other assistance provided to families of children with disabilities pursuant to State policy that are designed to\u2014"},{"t":"subpara","id":"/us/usc/t42/s15092/a/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" support families in the efforts of such families to raise their children with disabilities in the home;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s15092/a/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" strengthen the role of the family as primary caregiver for such children;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s15092/a/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" prevent involuntary out-of-the-home placement of such children and maintain family unity; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s15092/a/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" reunite families with children with disabilities who have been placed out of the home, whenever possible.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s15092/a/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of Health and Human Services.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s15092/a/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s15092/a/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Systems change activities"},{"t":"chapeau","text":"The term \u201csystems change activities\u201d means efforts that result in laws, regulations, policies, practices, or organizational structures\u2014"},{"t":"subpara","id":"/us/usc/t42/s15092/a/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" that are family-centered and family-directed;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s15092/a/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s15092/a/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" that otherwise accomplish the purposes of this subchapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s15092/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Special rule"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t42/s15092/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" has a significant impairment described in subsection (a)(1)(A); and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s15092/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" is residing with and receiving assistance from a family member.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"}]}]}