---
kind: "section"
citation: "42 U.S.C. § 300ii"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300ii"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300ii"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXVII — Lifespan Respite Care"
---

# §300ii. Definitions


In this subchapter:

- (1) **Adult with a special need—** The term “adult with a special need” means a person 18 years of age or older who requires care or supervision to—
  - (A) meet the person’s basic needs;
  - (B) prevent physical self-injury or injury to others; or
  - (C) avoid [placement](/usc/42/300gg–91.md?p=d-12) in an institutional facility.
- (2) **Aging and disability resource center—** The term “aging and disability resource center” means an entity administering a [program](/usc/42/274l–1.md?p=4) established by the [State](#8), as part of the [State](#8)’s system of long-term care, to provide a coordinated system for providing—
  - (A) comprehensive information on available public and private long-term care [programs](/usc/42/274l–1.md?p=4), options, and resources;
  - (B) personal counseling to assist individuals in assessing their existing or anticipated long-term care needs, and developing and implementing a plan for long-term care designed to meet their specific needs and circumstances; and
  - (C) consumer access to the range of publicly supported long-term care [programs](/usc/42/274l–1.md?p=4) for which consumers may be eligible, by serving as a convenient point of entry for such [programs](/usc/42/274l–1.md?p=4).
- (3) **Child with a special need—** The term “child with a special need” means an individual less than 18 years of age who requires care or supervision beyond that required of children generally to—
  - (A) meet the child’s basic needs; or
  - (B) prevent physical injury, self-injury, or injury to others.
- (4) **Eligible State agency—** The term “eligible State agency” means a [State agency](/usc/42/300s–3.md?p=12) that—
  - (A) administers the [State](#8)’s [program](/usc/42/274l–1.md?p=4) under the Older Americans Act of 1965 [[42 U.S.C. 3001](/usc/42/3001.md) et seq.], administers the [State](#8)’s [program](/usc/42/274l–1.md?p=4) under title XIX of the Social Security Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.], or is designated by the Governor of such [State](#8) to administer the [State](#8)’s [programs](/usc/42/274l–1.md?p=4) under this subchapter;
  - (B) is an [aging and disability resource center](#2);
  - (C) works in collaboration with a public or private [nonprofit](/usc/42/300s–3.md?p=3) statewide [respite care](#7) coalition or organization; and
  - (D) demonstrates—
    - (i) an ability to work with other [State](#8) and community-based [agencies](/usc/42/8262.md?p=1);
    - (ii) an understanding of [respite care](#7) and [family caregiver](#5) issues across all age groups, disabilities, and chronic conditions; and
    - (iii) the capacity to ensure meaningful involvement of [family members](/usc/42/300gg–91.md?p=d-15), [family caregivers](#5), and care recipients.
- (5) **Family caregiver—** The term “family caregiver” means an unpaid [family member](/usc/42/300gg–91.md?p=d-15), a foster parent, or another unpaid individual, who provides in-home monitoring, management, supervision, or [treatment](/usc/42/11851.md?p=11) of a child or [adult with a special need](#1).
- (6) **Lifespan respite care—** The term “lifespan respite care” means a coordinated system of accessible, community-based [respite care](#7) [services](/usc/42/201.md?p=a) for [family caregivers](#5) of children or adults with special needs.
- (7) **Respite care—** The term “respite care” means planned or emergency care provided to a child or [adult with a special need](#1) in order to provide temporary relief to the [family caregiver](#5) of that child or adult.
- (8) **State—** 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.

## Source credit

(July 1, 1944, ch. 373, title XXIX, § 2901, as added Pub. L. 109–442, § 2, Dec. 21, 2006, 120 Stat. 3291; amended Pub. L. 119–75, div. J, title V, § 6506(a), Feb. 3, 2026, 140 Stat. 693.)

## Notes

### Editorial Notes

### References in Text

The Older Americans Act of 1965, referred to in par. (4)(A), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, which is classified generally to chapter 35 (§ 3001 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables.

The Social Security Act, referred to in par. (4)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

### Amendments

2026—Par. (5). Pub. L. 119–75 substituted “unpaid individual” for “unpaid adult”.