As used in this subchapter:
(1) **Caregiver** — The term “caregiver” means an individual who provides a service directly to an eligible child on a person-to-person basis.
(2) **Child care certificate** — The term “child care certificate” means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this subchapter shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts.
(3) **Child with a disability** — The term “child with a disability” means—
(A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act ([20 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim));
(B) a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act ([20 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1431&num=0&edition=prelim) et seq.);
(C) a child who is less than 13 years of age and who is eligible for services under [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim); and
(D) a child with a disability, as defined by the State involved.
(4) **Eligible child** — The term “eligible child” means an individual—
(A) who is less than 13 years of age;
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Stable record: federal_law:legal_authorities:record_usc_c522eeffae48a3515a04958e Source file: Laws/federal/codes/united-states-code/title-42/section-9858n-definitions--af6dfa02f3.md Pages: Not recorded – Not recorded Passage SHA-256: 52ec8189f8645ca7abd17511c3241c9eeddb63de11f86592c5673401a3b140ef Retained source evidence SHA-256: ccb95e8753ead8d797990c469d2b114221fb7893daefbbb7e8af373e85527ed9
Source location: Title 42, Chapter 105, § 9858n; chapter-105-community-services-programs.md
Stored source content
As used in this subchapter:
(1) **Caregiver** — The term “caregiver” means an individual who provides a service directly to an eligible child on a person-to-person basis.
(2) **Child care certificate** — The term “child care certificate” means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this subchapter shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts.
(3) **Child with a disability** — The term “child with a disability” means—
(A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act ([20 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim));
(B) a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act ([20 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1431&num=0&edition=prelim) et seq.);
(C) a child who is less than 13 years of age and who is eligible for services under [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim); and
(D) a child with a disability, as defined by the State involved.
(4) **Eligible child** — The term “eligible child” means an individual—
(A) who is less than 13 years of age;
(B) whose family income does not exceed 85 percent of the State median income for a family of the same size, and whose family assets do not exceed $1,000,000 (as certified by a member of such family); and
(C) who—
(i) resides with a parent or parents who are working or attending a job training or educational program; or
(ii) is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i).
(5) **English learner** — The term “English learner” means an individual who is an English learner, as defined in [section 7801 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section7801&num=0&edition=prelim), or who is limited English proficient, as defined in [section 9832 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9832&num=0&edition=prelim).
(6) **Eligible child care provider** — The term “eligible child care provider” means—
(A) a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that—
(i) is licensed, regulated, or registered under State law as described in [section 9858c(c)(2)(F) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858c/c/2/F&num=0&edition=prelim); and
(ii) satisfies the State and local requirements, including those referred to in [section 9858c(c)(2)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858c/c/2/I&num=0&edition=prelim);
applicable to the child care services it provides; or
(B) a child care provider that is 18 years of age or older who provides child care services only to eligible children who are, by affinity or consanguinity, or by court decree, the grandchild, great grandchild, sibling (if such provider lives in a separate residence), niece, or nephew of such provider, if such provider complies with any applicable requirements that govern child care provided by the relative involved.
(7) **Family child care provider** — The term “family child care provider” means one individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence.
(8) **Indian tribe** — The term “Indian tribe” has the meaning given it in [section 5304(e) of title 25](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/e&num=0&edition=prelim).
(9) **Lead agency** — The term “lead agency” means the agency designated or established under [section 9858b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858b/a&num=0&edition=prelim).
(10) **Parent** — The term “parent” includes a legal guardian, foster parent, or other person standing in loco parentis.
(11) **Scientifically valid research** — The term “scientifically valid research” includes applied research, basic research, and field-initiated research, for which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.
(12) **Secretary** — The term “Secretary” means the Secretary of Health and Human Services unless the context specifies otherwise.
(13) **Sliding fee scale** — The term “sliding fee scale” means a system of cost sharing by a family based on income and size of the family.
(14) **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.
(15) **Tribal organization**
(A) *In general* — The term “tribal organization” has the meaning given it in section 5304(l) of title 25.
(B) *Other organizations* — Such term includes a Native Hawaiian Organization, as defined in section 4909(4) 11 See References in Text note below. of title 20 and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Assistive technology device**
(A) *In general* — The term “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of a child with a disability.
(B) *Exception* — The term does not include a medical device that is surgically implanted, or the replacement of such device.
(2) **Assistive technology service** — The term “assistive technology service” means any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Such term includes—
(A) the evaluation of the needs of such child, including a functional evaluation of the child in the child’s customary environment;
(B) purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by such child;
(C) selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;
(D) coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;
(E) training or technical assistance for such child, or, where appropriate, the family of such child; and
(F) training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of such child.
(3) **Child with a disability**
(A) *In general* — The term “child with a disabil
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1401. Definitions
Except as otherwise provided, in this chapter:
(1) Assistive technology device
(A) In general
The term ‘‘assistive technology device’’
means any item, piece of equipment, or
product system, whether acquired commer-
cially off the shelf, modified, or customized,
that is used to increase, maintain, or im-
prove functional capabilities of a child with
a disability.
(B) Exception
The term does not include a medical de-
vice that is surgically implanted, or the re-
placement of such device.
(2) Assistive technology service
The term ‘‘assistive technology service’’
means any service that directly assists a child
with a disability in the selection, acquisition,
or use of an assistive technology device. Such
term includes—
(A) the evaluation of the needs of such
child, including a functional evaluation of
the child in the child’s customary environ-
ment;
(B) purchasing, leasing, or otherwise pro-
viding for the acquisition of assistive tech-
nology devices by such child;
(C) selecting, designing, fitting, custom-
izing, adapting, applying, maintaining, re-
pairing, or replacing assistive technology de-
vices;
(D) coordinating and using other therapies,
interventions, or services with assistive
technology devices, such as those associated
with existing education and rehabilitation
plans and programs;
(E) training or technical assistance for
such child, or, where appropriate, the family
of such child; and
(F) training or technical assistance for
professionals
(including
individuals
pro-
viding education and rehabilitation serv-
ices), employers, or other individuals who
provide services to, employ, or are otherwise
substantially involved in the major life func-
tions of such child.
(3) Child with a disability
(A) In genera
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1401. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that there is an urgent and substantial need—
(1) to enhance the development of infants and toddlers with disabilities, to minimize their potential for developmental delay, and to recognize the significant brain development that occurs during a child’s first 3 years of life;
(2) to reduce the educational costs to our society, including our Nation’s schools, by minimizing the need for special education and related services after infants and toddlers with disabilities reach school age;
(3) to maximize the potential for individuals with disabilities to live independently in society;
(4) to enhance the capacity of families to meet the special needs of their infants and toddlers with disabilities; and
(5) to enhance the capacity of State and local agencies and service providers to identify, evaluate, and meet the needs of all children, particularly minority, low-income, inner city, and rural children, and infants and toddlers in foster care.
**(b) Policy** It is the policy of the United States to provide financial assistance to States—
(1) to develop and implement a statewide, comprehensive, coordinated, multidisciplinary, interagency system that provides early intervention services for infants and toddlers with disabilities and their families;
(2) to facilitate the coordination of payment for early intervention services from Federal, State, local, and private sources (including public and private insurance coverage);
(3) to enhance State capacity to provide quality early intervention services and expand and improve existing early intervention services being provided to infants and toddlers with disabilities and their families; and
(4) to encourage States to expand opportunities for children under 3 years of age who would be at risk
Stored review status: release_metadata_unconfirmed. The source passage cites 20 U.S.C. § 1431. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 1431. Findings and policy
(a) Findings
Congress finds that there is an urgent and sub-
stantial need—
(1) to enhance the development of infants
and toddlers with disabilities, to minimize
their potential for developmental delay, and
to recognize the significant brain development
that occurs during a child’s first 3 years of
life;
(2) to reduce the educational costs to our so-
ciety, including our Nation’s schools, by mini-
mizing the need for special education and re-
lated services after infants and toddlers with
disabilities reach school age;
(3) to maximize the potential for individuals
with disabilities to live independently in soci-
ety;
(4) to enhance the capacity of families to
meet the special needs of their infants and
toddlers with disabilities; and
(5) to enhance the capacity of State and
local agencies and service providers to iden-
tify, evaluate, and meet the needs of all chil-
dren, particularly minority, low-income, inner
city, and rural children, and infants and tod-
dlers in foster care.
(b) Policy
It is the policy of the United States to provide
financial assistance to States—
(1) to develop and implement a statewide,
comprehensive,
coordinated,
multidisci-
plinary, interagency system that provides
early intervention services for infants and tod-
dlers with disabilities and their families;
(2) to facilitate the coordination of payment
for early intervention services from Federal,
State, local, and private sources (including
public and private insurance coverage);
(3) to enhance State capacity to provide
quality early intervention services and expand
and improve existing early intervention serv-
ices being provided to infants and toddlers
with disabilities and their families; and
(4) to encourage States to expand opp
Stored review status: historical_2024_not_currentness_verified. The source passage cites 20 U.S.C. § 1431. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 9858n. Definitions
As used in this subchapter:
(1) Caregiver
The term ‘‘caregiver’’ means an individual
who provides a service directly to an eligible
child on a person-to-person basis.
(2) Child care certificate
The term ‘‘child care certificate’’ means a
certificate (that may be a check or other dis-
bursement) that is issued by a State or local
government under this subchapter directly to
a parent who may use such certificate only as
payment for child care services or as a deposit
for child care services if such a deposit is re-
quired of other children being cared for by the
provider. Nothing in this subchapter shall pre-
clude the use of such certificates for sectarian
child care services if freely chosen by the par-
ent. For purposes of this subchapter, child
care certificates shall not be considered to be
grants or contracts.
(3) Child with a disability
The term ‘‘child with a disability’’ means—
(A) a child with a disability, as defined in
section 602 of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1401);
(B) a child who is eligible for early inter-
vention services under part C of the Individ-
uals with Disabilities Education Act (20
U.S.C. 1431 et seq.);
(C) a child who is less than 13 years of age
and who is eligible for services under section
794 of title 29; and
(D) a child with a disability, as defined by
the State involved.
(4) Eligible child
The term ‘‘eligible child’’ means an indi-
vidual—
(A) who is less than 13 years of age;
(B) whose family income does not exceed
85 percent of the State median income for a
family of the same size, and whose family
assets do not exceed $1,000,000 (as certified
by a member of such family); and
(C) who—
(i) resides with a parent or parents who
are working or attendi