---
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"
date: "2026-07-12"
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 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) **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 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/42/300s–3.md?p=1), nursing home, personal care home, board and care home, group home, or other facility.
  - (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](#a-2-A) of children with disabilities pursuant to [State](#a-5) policy that are designed to—
    - (A) support [families](#a-2-A) in the efforts of such [families](#a-2-A) to raise their children with disabilities in the home;
    - (B) strengthen the role of the [family](#a-2-A) as primary caregiver for such children;
    - (C) prevent involuntary out-of-the-home placement of such children and maintain [family](#a-2-A) unity; and
    - (D) reunite [families](#a-2-A) with children 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, 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) **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](#a-2-A) of children 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](#a-2-A) member.

## Source credit

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