{"identifier":"/us/usc/t42/s9858n","title":42,"num":"\u00a7\u202f9858n.","heading":"Definitions","text":"\u00a7\u202f9858n.\nDefinitions\nAs used in this subchapter:\n(1)\nCaregiver\nThe term \u201ccaregiver\u201d means an individual who provides a service directly to an eligible child on a person-to-person basis.\n(2)\nChild care certificate\nThe term \u201cchild care certificate\u201d means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this subchapter shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts.\n(3)\nChild with a disability\nThe term \u201cchild with a disability\u201d means\u2014\n(A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (\n20 U.S.C. 1401\n(B) a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act (\n20 U.S.C. 1431\n(C) a child who is less than 13 years of age and who is eligible for services under\nsection 794 of title 29\n(D) a child with a disability, as defined by the State involved.\n(4)\nEligible child\nThe term \u201celigible child\u201d means an individual\u2014\n(A) who is less than 13 years of age;\n(B) whose family income does not exceed 85 percent of the State median income for a family of the same size, and whose family assets do not exceed $1,000,000 (as certified by a member of such family); and\n(C) who\u2014\n(i) resides with a parent or parents who are working or attending a job training or educational program; or\n(ii) is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i).\n(5)\nEnglish learner\nThe term \u201cEnglish learner\u201d means an individual who is an English learner, as defined in\nsection 7801 of title 20\nsection 9832 of this title\n(6)\nEligible child care provider\nThe term \u201celigible child care provider\u201d means\u2014\n(A) a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that\u2014\n(i) is licensed, regulated, or registered under State law as described in\nsection 9858c(c)(2)(F) of this title\n(ii) satisfies the State and local requirements, including those referred to in\nsection 9858c(c)(2)(I) of this title\napplicable to the child care services it provides; or\n(B) a child care provider that is 18 years of age or older who provides child care services only to eligible children who are, by affinity or consanguinity, or by court decree, the grandchild, great grandchild, sibling (if such provider lives in a separate residence), niece, or nephew of such provider, if such provider complies with any applicable requirements that govern child care provided by the relative involved.\n(7)\nFamily child care provider\nThe term \u201cfamily child care provider\u201d means one individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence.\n(8)\nIndian tribe\nThe term \u201cIndian tribe\u201d has the meaning given it in\nsection 5304(e) of title 25\n(9)\nLead agency\nThe term \u201clead agency\u201d means the agency designated or established under\nsection 9858b(a) of this title\n(10)\nParent\nThe term \u201cparent\u201d includes a legal guardian, foster parent, or other person standing in loco parentis.\n(11)\nScientifically valid research\nThe term \u201cscientifically valid research\u201d includes applied research, basic research, and field-initiated research, for which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.\n(12)\nSecretary\nThe term \u201cSecretary\u201d means the Secretary of Health and Human Services unless the context specifies otherwise.\n(13)\nSliding fee scale\nThe term \u201csliding fee scale\u201d means a system of cost sharing by a family based on income and size of the family.\n(14)\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.\n(15)\nTribal organization\n(A)\nIn general\nThe term \u201ctribal organization\u201d has the meaning given it in section 5304(\nl\n(B)\nOther organizations\nSuch term includes a Native Hawaiian Organization, as defined in section 4909(4)\n1\n1 See References in Text note below.","url":"https://projectusc.org/usc/t42/s9858n.html","content":[{"t":"sec","id":"/us/usc/t42/s9858n","children":[{"t":"num","text":"\u00a7\u202f9858n."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this subchapter:"},{"t":"para","id":"/us/usc/t42/s9858n/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Caregiver"},{"t":"content","children":[{"t":"p","text":"The term \u201ccaregiver\u201d means an individual who provides a service directly to an eligible child on a person-to-person basis.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Child care certificate"},{"t":"content","children":[{"t":"p","text":"The term \u201cchild care certificate\u201d means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this subchapter shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Child with a disability"},{"t":"chapeau","text":"The term \u201cchild with a disability\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t42/s9858n/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (","children":[{"t":"ref","text":"20 U.S.C. 1401","href":"/us/usc/t20/s1401","tail":");"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s9858n/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act (","children":[{"t":"ref","text":"20 U.S.C. 1431","href":"/us/usc/t20/s1431","tail":" et seq.);"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s9858n/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a child who is less than 13 years of age and who is eligible for services under ","children":[{"t":"ref","text":"section 794 of title 29","href":"/us/usc/t29/s794","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s9858n/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" a child with a disability, as defined by the State involved.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Eligible child"},{"t":"chapeau","text":"The term \u201celigible child\u201d means an individual\u2014"},{"t":"subpara","id":"/us/usc/t42/s9858n/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" who is less than 13 years of age;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s9858n/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" whose family income does not exceed 85 percent of the State median income for a family of the same size, and whose family assets do not exceed $1,000,000 (as certified by a member of such family); and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s9858n/4/C","children":[{"t":"num","text":"(C)"},{"t":"chapeau","text":" who\u2014"},{"t":"clause","id":"/us/usc/t42/s9858n/4/C/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" resides with a parent or parents who are working or attending a job training or educational program; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s9858n/4/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"English learner"},{"t":"content","children":[{"t":"p","text":"The term \u201cEnglish learner\u201d means an individual who is an English learner, as defined in ","children":[{"t":"ref","text":"section 7801 of title 20","href":"/us/usc/t20/s7801","tail":", or who is limited English proficient, as defined in "},{"t":"ref","text":"section 9832 of this title","href":"/us/usc/t42/s9832","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Eligible child care provider"},{"t":"chapeau","text":"The term \u201celigible child care provider\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t42/s9858n/6/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that\u2014"},{"t":"clause","id":"/us/usc/t42/s9858n/6/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" is licensed, regulated, or registered under State law as described in ","children":[{"t":"ref","text":"section 9858c(c)(2)(F) of this title","href":"/us/usc/t42/s9858c/c/2/F","tail":"; and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s9858n/6/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" satisfies the State and local requirements, including those referred to in ","children":[{"t":"ref","text":"section 9858c(c)(2)(I) of this title","href":"/us/usc/t42/s9858c/c/2/I","tail":";"}],"tail":"\n"}],"tail":"\n\n"},{"t":"continuation","text":"applicable to the child care services it provides; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s9858n/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a child care provider that is 18 years of age or older who provides child care services only to eligible children who are, by affinity or consanguinity, or by court decree, the grandchild, great grandchild, sibling (if such provider lives in a separate residence), niece, or nephew of such provider, if such provider complies with any applicable requirements that govern child care provided by the relative involved.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Family child care provider"},{"t":"content","children":[{"t":"p","text":"The term \u201cfamily child care provider\u201d means one individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Indian tribe"},{"t":"content","children":[{"t":"p","text":"The term \u201cIndian tribe\u201d has the meaning given it in ","children":[{"t":"ref","text":"section 5304(e) of title 25","href":"/us/usc/t25/s5304/e","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Lead agency"},{"t":"content","children":[{"t":"p","text":"The term \u201clead agency\u201d means the agency designated or established under ","children":[{"t":"ref","text":"section 9858b(a) of this title","href":"/us/usc/t42/s9858b/a","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Parent"},{"t":"content","children":[{"t":"p","text":"The term \u201cparent\u201d includes a legal guardian, foster parent, or other person standing in loco parentis.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/11","children":[{"t":"num","text":"(11)"},{"t":"heading","text":"Scientifically valid research"},{"t":"content","children":[{"t":"p","text":"The term \u201cscientifically valid research\u201d includes applied research, basic research, and field-initiated research, for which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/12","children":[{"t":"num","text":"(12)"},{"t":"heading","text":"Secretary"},{"t":"content","children":[{"t":"p","text":"The term \u201cSecretary\u201d means the Secretary of Health and Human Services unless the context specifies otherwise.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/13","children":[{"t":"num","text":"(13)"},{"t":"heading","text":"Sliding fee scale"},{"t":"content","children":[{"t":"p","text":"The term \u201csliding fee scale\u201d means a system of cost sharing by a family based on income and size of the family.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s9858n/14","children":[{"t":"num","text":"(14)"},{"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":"para","id":"/us/usc/t42/s9858n/15","children":[{"t":"num","text":"(15)"},{"t":"heading","text":"Tribal organization"},{"t":"subpara","id":"/us/usc/t42/s9858n/15/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"The term \u201ctribal organization\u201d has the meaning given it in section 5304(","children":[{"t":"text","text":"l","tail":") of title 25."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s9858n/15/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Other organizations"},{"t":"content","children":[{"t":"p","text":"Such term includes a Native Hawaiian Organization, as defined in section 4909(4)\u202f","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of title 20 and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}