---
kind: "section"
citation: "42 U.S.C. § 15092"
title: "42"
title_heading: "The Public Health and Welfare"
number: "15092"
heading: "Definitions and special rule"
release: "119-102"
url: "https://uscodex.org/usc/42/15092"
units:
  - "Chapter 144 — Developmental Disabilities Assistance and Bill of Rights"
  - "Subchapter II — Family Support"
---

# §15092. Definitions and special rule

- (a) **Definitions—** In this subchapter:
  - (1) **Child with a disability—** The term “child with a disability” means an individual who—
    - (A) has a significant physical or mental impairment, as defined pursuant to [State](#a-5) policy to the extent that such policy is established without regard to type of disability; or
    - (B) is an infant or a young [child](/usc/42/416.md?p=e) 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](/usc/42/416.md?p=e).
  - (2) **Family—**
    - (A) **In general—** Subject to [subparagraph (B)](#a-2-B), for purposes of the application of this subchapter in a [State](#a-5), the term “family” has the meaning given the term by the [State](#a-5).
    - (B) **Exclusion of employees—** The term does not include an [employee](/usc/42/1320a–7h.md?p=e-7) who, acting in a paid employment capacity, provides services to a [child with a disability](#a-1) in an out-of-home setting such as a [hospital](/usc/42/1395dd.md?p=e-5), [nursing home](/usc/42/1396g.md?p=e-1), personal care home, [board](/usc/42/10261.md?p=2) and care home, [group home](/usc/42/1437a.md?p=c-5), or other [facility](/usc/42/11049.md?p=4).
  - (3) **Family support for families of children with disabilities—** The term “family support for families of children with disabilities” means supports, resources, services, and other assistance provided to [families](/usc/42/12704.md?p=11) of [children](/usc/42/256e.md?p=g-2) with disabilities pursuant to [State](#a-5) policy that are designed to—
    - (A) support [families](/usc/42/12704.md?p=11) in the efforts of such [families](/usc/42/12704.md?p=11) to raise their [children](/usc/42/256e.md?p=g-2) with disabilities in the home;
    - (B) strengthen the role of the [family](#a-2-A) as primary caregiver for such [children](/usc/42/256e.md?p=g-2);
    - (C) prevent involuntary out-of-the-home placement of such [children](/usc/42/256e.md?p=g-2) and maintain [family](#a-2-A) unity; and
    - (D) reunite [families](/usc/42/12704.md?p=11) with [children](/usc/42/256e.md?p=g-2) with disabilities who have been placed out of the home, whenever possible.
  - (4) **Secretary—** The term “Secretary” means the Secretary of Health and Human Services.
  - (5) **State—** The term “State” means each of the 50 States of the [United States](/usc/42/403.md?p=k), the District of Columbia, the Commonwealth of Puerto Rico, the [United States](/usc/42/403.md?p=k) Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
  - (6) **Systems change activities—** The term “systems change activities” means efforts that result in laws, regulations, policies, [practices](/usc/42/17061.md?p=19), or organizational structures—
    - (A) that are [family](#a-2-A)-centered and [family](#a-2-A)-directed;
    - (B) that facilitate and increase access to, provision of, and funding for, [family](#a-2-A) support services for [families](/usc/42/12704.md?p=11) of [children](/usc/42/256e.md?p=g-2) with disabilities; and
    - (C) that otherwise accomplish the purposes of this subchapter.
- (b) **Special rule—** References in this subchapter to a [child with a disability](#a-1) 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)](#a-1-A); and
  - (2) is residing with and receiving assistance from a [family member](/usc/42/1320d–9.md?p=b-1).

## Source credit

(Pub. L. 106–402, title II, § 203, Oct. 30, 2000, 114 Stat. 1729.)