§9858n — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines the key words used in the child care program so people know what each term means. Caregiver — a person who gives direct, one-on-one care to an eligible child. Child care certificate — a payment (like a check) given by a State or local government to a parent to pay for child care or to use as a required deposit; it can be used for religious child care if the parent chooses and is not treated as a grant or contract. Child with a disability — includes children covered by IDEA section 602, children eligible for IDEA Part C (20 U.S.C. 1431 et seq.), children under 13 covered by section 794 of title 29, and children a State defines as disabled. Eligible child — under 13; family income at or below 85 percent of the State median for a same-size family and family assets no more than $1,000,000 (certified by a family member); and either lives with parent(s) who are working or in training/education, or needs/gets protective services and lives with other parents. English learner — defined by section 7801 of title 20 or as limited English proficient under section 9832. Eligible child care provider — a licensed/registered or otherwise approved paid provider that meets State and local rules (see 9858c(c)(2)(F) and (I)), or an 18‑year‑old relative provider who only cares for certain relatives and follows relative-provider rules. Family child care provider — one person caring for children alone in a private home for fewer than 24 hours a day. Indian tribe and tribal organization — defined by sections 5304(e) and 5304(l) of title 25; tribal organization also includes Native Hawaiian Organizations (see 20 U.S.C. 4909(4)) and nonprofits serving Indian or Native Hawaiian youth. Lead agency — the agency named under section 9858b(a). Parent — includes legal guardians, foster parents, or others acting as a parent. Scientifically valid research — includes applied, basic, and field research with sound design and interpretation. Secretary — the Secretary of Health and Human Services unless the text says otherwise. Sliding fee scale — family payments based on income and family size. State — the 50 States, the District of Columbia, the U.S. Virgin Islands, Puerto Rico, Guam, American Samoa, and the Northern Mariana Islands.

Title 42, §9858n

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

As used in this subchapter:

(1)The term “caregiver” means an individual who provides a service directly to an eligible child on a person-to-person basis.

(2)The term “child care certificate” 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.

(3)The term “child with a disability” means—

(A)a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401);

(B)a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);

(C)a child who is less than 13 years of age and who is eligible for services under section 794 of title 29; and

(D)a child with a disability, as defined by the State involved.

(4)The term “eligible child” means an individual—

(A)who is less than 13 years of age;

(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

(C)who—

(i)resides with a parent or parents who are working or attending a job training or educational program; or

(ii)is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i).

(5)The term “English learner” means an individual who is an English learner, as defined in section 7801 of title 20, or who is limited English proficient, as defined in section 9832 of this title.

(6)The term “eligible child care provider” means—

(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—

(i)is licensed, regulated, or registered under State law as described in section 9858c(c)(2)(F) of this title; and

(ii)satisfies the State and local requirements, including those referred to in section 9858c(c)(2)(I) of this title;

(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.

(7)The term “family child care provider” means one individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence.

(8)The term “Indian tribe” has the meaning given it in section 5304(e) of title 25.

(9)The term “lead agency” means the agency designated or established under section 9858b(a) of this title.

(10)The term “parent” includes a legal guardian, foster parent, or other person standing in loco parentis.

(11)The term “scientifically valid research” 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.

(12)The term “Secretary” means the Secretary of Health and Human Services unless the context specifies otherwise.

(13)The term “sliding fee scale” means a system of cost sharing by a family based on income and size of the family.

(14)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.

(15)(A)The term “tribal organization” has the meaning given it in section 5304(l) of title 25.

(B)Such term includes a Native Hawaiian Organization, as defined in section 4909(4) 11 See References in Text note below. of title 20 and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in par. (3)(B), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. Section 4909 of title 20, referred to in par. (15)(B), was repealed by Pub. L. 103–382, title III, § 363, Oct. 20, 1994, 108 Stat. 3975.

Amendments

2015—Par. (5). Pub. L. 114–95 substituted “an individual who is an English learner, as defined in section 7801 of title 20, or who is limited English proficient, as defined in section 9832 of this title” for “an individual who is limited English proficient, as defined in section 7801 of title 20 or section 9832 of this title”. 2014—Pars. (3), (4). Pub. L. 113–186, § 10(1), added pars. (3) and (4) and struck out former par. (4) which defined “eligible child”. Par. (5). Pub. L. 113–186, § 10(3), added par. (5). Former par. (5) redesignated (6). Par. (6). Pub. L. 113–186, § 10(2), (4), redesignated par. (5) as (6) and substituted “9858c(c)(2)(F)” for “9858c(c)(2)(E)” in subpar. (A)(i) and “9858c(c)(2)(I)” for “9858c(c)(2)(F)” in subpar. (A)(ii). Former par. (6) redesignated (7). Pars. (7), (8). Pub. L. 113–186, § 10(2), redesignated pars. (6) and (7) as (7) and (8), respectively. Former pars. (7) and (8) redesignated (8) and (9), respectively. Par. (9). Pub. L. 113–186, § 10(2), (5), redesignated par. (8) as (9) and substituted “designated or established under section 9858b(a)” for “designated under section 9858(a)”. Former par. (9) redesignated (10). Par. (10). Pub. L. 113–186, § 10(2), (6), redesignated par. (9) as (10) and inserted “, foster parent,” after “guardian”. Pars. (11) to (15). Pub. L. 113–186, § 10(7), (8), added par. (11) and redesignated former pars. (11) to (14) as (12) to (15), respectively. 1997—Par. (13). Pub. L. 105–33 substituted “and” for “or” after “American Samoa,”. 1996—Par. (2). Pub. L. 104–193, § 614(1), in first sentence, inserted “or as a deposit for child care services if such a deposit is required of other children being cared for by the provider” after “payment for child care services”. Par. (3). Pub. L. 104–193, § 614(2), struck out heading and text of par. (3). Text read as follows: “The term ‘elementary school’ means a day or residential school that provides elementary education, as determined under State law.” Par. (4)(B). Pub. L. 104–193, § 614(3), substituted “85 percent” for “75 percent”. Par. (5)(B). Pub. L. 104–193, § 614(4), inserted “great grandchild, sibling (if such provider lives in a separate residence),” after “grandchild,”, struck out “is registered and” after “such provider”, and substituted “any applicable requirements” for “any State requirements”. Par. (10). Pub. L. 104–193, § 614(5), struck out heading and text of par. (10). Text read as follows: “The term ‘secondary school’ means a day or residential school which provides secondary education, as determined under State law.” Par. (13). Pub. L. 104–193, § 614(6), inserted “or” after “Samoa,” and struck out “, and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands”. Par. (14). Pub. L. 104–193, § 614(7), designated existing text as subpar. (A), inserted heading, and added subpar. (B). 1993—Pars. (7), (14). Pub. L. 103–171 made technical correction to directory language of Pub. L. 102–586, § 8(c)(2). See 1992 Amendment note below. 1992—Pub. L. 102–401, § 3(a), and Pub. L. 102–586, § 8(c)(1), made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. Par. (7). Pub. L. 102–586, § 8(c)(2)(A), as amended by Pub. L. 103–171, which directed the amendment of par. (7) by substituting “section 5304(e) of title 25” for “section 5304(b) of title 25”, could not be executed because the words “section 5304(b) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102–401, § 3(b)(1). See below. Pub. L. 102–401, § 3(b)(1), substituted “section 5304(e) of title 25” for “section 5304(b) of title 25”. Par. (14). Pub. L. 102–586, § 8(c)(2)(B), as amended by Pub. L. 103–171, which directed the amendment of par. (14) by substituting “section 5304(l) of title 25” for “section 5304(c) of title 25”, could not be executed because the words “section 5304(c) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102–401, § 3(b)(2). See below. Pub. L. 102–401, § 3(b)(2), substituted “section 5304(l) of title 25” for “section 5304(c) of title 25”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2015 AmendmentAmendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

Effective Date

of 1997 AmendmentAmendment by Pub. L. 105–33 effective as if included in the enactment of title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5603 of Pub. L. 105–33, set out as a note under section 618 of this title.

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–193 effective Oct. 1, 1996, see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title.

Effective Date

of 1992

Amendments

Amendment by Pub. L. 102–586 effective Nov. 4, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 8(d) of Pub. L. 102–586, set out as a note under section 9858h of this title. Amendment by Pub. L. 102–401 effective Oct. 7, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 4 of Pub. L. 102–401, set out as a note under section 9835 of this title.

§9858n Definitions

Summary

Title 42, §9858n

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Effective Date

Amendments

Citations & Metadata