{"identifier":"/us/usc/t42/s300ii","title":42,"num":"\u00a7\u202f300ii.","heading":"Definitions","text":"\u00a7\u202f300ii.\nDefinitions\nIn this subchapter:\n(1)\nAdult with a special need\nThe term \u201cadult with a special need\u201d means a person 18 years of age or older who requires care or supervision to\u2014\n(A) meet the person\u2019s basic needs;\n(B) prevent physical self-injury or injury to others; or\n(C) avoid placement in an institutional facility.\n(2)\nAging and disability resource center\nThe term \u201caging and disability resource center\u201d means an entity administering a program established by the State, as part of the State\u2019s system of long-term care, to provide a coordinated system for providing\u2014\n(A) comprehensive information on available public and private long-term care programs, options, and resources;\n(B) 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\n(C) 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.\n(3)\nChild with a special need\nThe term \u201cchild with a special need\u201d means an individual less than 18 years of age who requires care or supervision beyond that required of children generally to\u2014\n(A) meet the child\u2019s basic needs; or\n(B) prevent physical injury, self-injury, or injury to others.\n(4)\nEligible State agency\nThe term \u201celigible State agency\u201d means a State agency that\u2014\n(A) administers the State\u2019s program under the Older Americans Act of 1965 [\n42 U.S.C. 3001\n42 U.S.C. 1396\n(B) is an aging and disability resource center;\n(C) works in collaboration with a public or private nonprofit statewide respite care coalition or organization; and\n(D) demonstrates\u2014\n(i) an ability to work with other State and community-based agencies;\n(ii) an understanding of respite care and family caregiver issues across all age groups, disabilities, and chronic conditions; and\n(iii) the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients.\n(5)\nFamily caregiver\nThe term \u201cfamily caregiver\u201d 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.\n(6)\nLifespan respite care\nThe term \u201clifespan respite care\u201d means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs.\n(7)\nRespite care\nThe term \u201crespite care\u201d 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.\n(8)\nState\nThe term \u201cState\u201d 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.","url":"https://projectusc.org/usc/t42/s300ii.html","content":[{"t":"sec","id":"/us/usc/t42/s300ii","children":[{"t":"num","text":"\u00a7\u202f300ii."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subchapter:"},{"t":"para","id":"/us/usc/t42/s300ii/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Adult with a special need"},{"t":"chapeau","text":"The term \u201cadult with a special need\u201d means a person 18 years of age or older who requires care or supervision to\u2014"},{"t":"subpara","id":"/us/usc/t42/s300ii/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" meet the person\u2019s basic needs;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ii/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" prevent physical self-injury or injury to others; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ii/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" avoid placement in an institutional facility.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ii/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Aging and disability resource center"},{"t":"chapeau","text":"The term \u201caging and disability resource center\u201d means an entity administering a program established by the State, as part of the State\u2019s system of long-term care, to provide a coordinated system for providing\u2014"},{"t":"subpara","id":"/us/usc/t42/s300ii/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" comprehensive information on available public and private long-term care programs, options, and resources;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ii/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ii/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ii/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Child with a special need"},{"t":"chapeau","text":"The term \u201cchild with a special need\u201d means an individual less than 18 years of age who requires care or supervision beyond that required of children generally to\u2014"},{"t":"subpara","id":"/us/usc/t42/s300ii/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" meet the child\u2019s basic needs; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ii/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" prevent physical injury, self-injury, or injury to others.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ii/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Eligible State agency"},{"t":"chapeau","text":"The term \u201celigible State agency\u201d means a State agency that\u2014"},{"t":"subpara","id":"/us/usc/t42/s300ii/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" administers the State\u2019s program under the Older Americans Act of 1965 [","children":[{"t":"ref","text":"42 U.S.C. 3001","href":"/us/usc/t42/s3001","tail":" et seq.], administers the State\u2019s program under title XIX of the Social Security Act ["},{"t":"ref","text":"42 U.S.C. 1396","href":"/us/usc/t42/s1396","tail":" et seq.], or is designated by the Governor of such State to administer the State\u2019s programs under this subchapter;"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ii/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" is an aging and disability resource center;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ii/4/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" works in collaboration with a public or private nonprofit statewide respite care coalition or organization; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s300ii/4/D","children":[{"t":"num","text":"(D)"},{"t":"chapeau","text":" demonstrates\u2014"},{"t":"clause","id":"/us/usc/t42/s300ii/4/D/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an ability to work with other State and community-based agencies;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300ii/4/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" an understanding of respite care and family caregiver issues across all age groups, disabilities, and chronic conditions; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s300ii/4/D/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ii/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Family caregiver"},{"t":"content","children":[{"t":"p","text":"The term \u201cfamily caregiver\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ii/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Lifespan respite care"},{"t":"content","children":[{"t":"p","text":"The term \u201clifespan respite care\u201d means a coordinated system of accessible, community-based respite care services for family caregivers of children or adults with special needs.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ii/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Respite care"},{"t":"content","children":[{"t":"p","text":"The term \u201crespite care\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s300ii/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}