Title 42 — The Public Health and WelfareRelease 119-73

§15092 Definitions and special rule

Title 42 › Chapter CHAPTER 144— - DEVELOPMENTAL DISABILITIES ASSISTANCE AND BILL OF RIGHTS › Subchapter SUBCHAPTER II— - FAMILY SUPPORT › § 15092

Last updated Apr 6, 2026|Official source

Summary

Defines key words used here. A "child with a disability" means either a person with a serious physical or mental condition as the State decides, or a baby or young child from birth through age 8 who has a big developmental delay or a condition likely to cause a disability without help. "Family" is what the State calls it, but does not include paid workers who provide services in places like hospitals, nursing homes, group homes, or similar facilities. "Family support" means the help, services, and resources a State gives to help families care for children with disabilities at home, keep the family as the main caregiver, avoid or reverse out-of-home placement, and reunite families when possible. "Secretary" means the Secretary of Health and Human Services. "State" means the 50 States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. "Systems change activities" are efforts to change laws, rules, or programs so services are family-centered, easier to get, and better funded. References to a "child with a disability" also include someone who is at least 18 years old if they have a serious impairment and live with and get help from a family member.

Full Legal Text

Title 42, §15092

The Public Health and Welfare — Source: USLM XML via OLRC

(a)In this subchapter:

(1)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)(A)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)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)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)The term “Secretary” means the Secretary of Health and Human Services.

(5)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)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)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 15092

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73