Title 42The Public Health and WelfareRelease 119-73not60

§15092 Definitions and Special Rule

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

Last updated Apr 5, 2026|Official source

Summary

Defines key words used in the part and says when an adult living with family still counts as a “child with a disability.” Child with a disability — either someone who has a serious physical or mental impairment under State rules, or an infant or child from birth through age 8 with a substantial developmental delay or a condition that is likely to cause a disability if not treated. Family — whoever the State says is a family, but not paid workers who give services in places outside the home (for example, hospitals, nursing homes, group homes, or similar facilities). Family support for families of children with disabilities — services and help under State policy meant to keep children at home, strengthen families as caregivers, avoid or reverse out-of-home placements, and reunite families when possible. Secretary — the Secretary of Health and Human Services. State — the 50 U.S. states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. Systems change activities — efforts that change laws, rules, policies, or organization to make services family-centered, expand access and funding for family support, and meet the subchapter’s goals. Also, a “child with a disability” can include someone who is not younger than age 18 if they have the 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 42The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60