Federal · Title 42 — Public Health and Welfare

42 U.S.C. § 15092: Definitions and special rule

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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 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. 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. 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. support families in the efforts of such families to raise their children with disabilities in the home; strengthen the role of the family as primary caregiver for such children; prevent involuntary out-of-the-home placement of such children and maintain family unity; and reunite families with children with disabilities who have been placed out of the home, whenever possible. The term “Secretary” means the Secretary of Health and Human Services. 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. that are family-centered and family-directed; that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and that otherwise accomplish the purposes of this subchapter. has a significant impairment described in subsection (a)(1)(A); and is residing with and receiving assistance from a family member.

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