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LegalText 42 U.S.C. § 300ii Definitions us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 300ii 42 U.S.C. § 300ii current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s300ii data/legal/raw/us/code/title-42/usc42.xml b04eaa44df52f87befdda06eff313a3f2af33637b1ee02aef7677a7921469706 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 3fe8e0efcb5d32a5be9f568aa48126337058a9e9758792b06ac1d745adc867fd 2026-07-04 official
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42 U.S.C. § 300ii - Definitions

Text

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 persons basic needs;

(B) prevent physical self-injury or injury to others; or

(C) avoid placement in an institutional facility.

(2) Aging and disability resource center The term “aging and disability resource center” means an entity administering a program established by the State, as part of the States system of long-term care, to provide a coordinated system for providing—

(A) comprehensive information on available public and private long-term care programs, 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 for which consumers may be eligible, by serving as a convenient point of entry for such programs.

(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 childs 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 that—

(A) administers the States program under the Older Americans Act of 1965 [42 U.S.C. 3001 et seq.], administers the States program under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.], or is designated by the Governor of such State to administer the States programs under this subchapter;

(B) is an aging and disability resource center;

(C) works in collaboration with a public or private nonprofit statewide respite care coalition or organization; and

(D) demonstrates—

(i) an ability to work with other State and community-based agencies;

(ii) an understanding of respite care and family caregiver issues across all age groups, disabilities, and chronic conditions; and

(iii) the capacity to ensure meaningful involvement of family members, family caregivers, and care recipients.

(5) Family caregiver The term “family caregiver” means an unpaid family member, a foster parent, or another unpaid individual, who provides in-home monitoring, management, supervision, or treatment of a child or adult with a special need.

(6) Lifespan respite care The term “lifespan respite care” means a coordinated system of accessible, community-based respite care services for family caregivers 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 in order to provide temporary relief to the family caregiver 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.

(July 1, 1944, ch. 373, title XXIX, § 2901, as added Pub. L. 109442, § 2, Dec. 21, 2006, 120 Stat. 3291; amended Pub. L. 11975, div. J, title V, § 6506(a), Feb. 3, 2026, 140 Stat. 693.)

Notes

Editorial Notes

References in TextThe Older Americans Act of 1965, referred to in par. (4)(A), is Pub. L. 8973, 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.

Amendments2026—Par. (5). Pub. L. 11975 substituted “unpaid individual” for “unpaid adult”.