42 USC § 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 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(3) Repealed. Pub. L. 104–193, title VI, § 614(2),Aug. 22, 1996, 110 Stat. 2287

(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

(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) 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)(E) of this title; and

(ii) satisfies the State and local requirements, including those referred to in section 9858c (c)(2)(F) of this title;

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.

(6) 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.

(7) Indian tribe

The term “Indian tribe” has the meaning given it in section 450b (e) of title 25.

(8) Lead agency

The term “lead agency” means the agency designated under section 9858 (a)  ^[1] of this title.

(9) Parent

The term “parent” includes a legal guardian or other person standing in loco parentis.

(10) Repealed. Pub. L. 104–193, title VI, § 614(5),Aug. 22, 1996, 110 Stat. 2287

(11) Secretary

The term “Secretary” means the Secretary of Health and Human Services unless the context specifies otherwise.

(12) 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.

(13) 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.

(14) Tribal organization

(A) In general

The term “tribal organization” has the meaning given it in section 450b (l) of title 25.

(B) Other organizations

Such term includes a Native Hawaiian Organization, as defined in section 4909 (4)  ^[1] of title 20 and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.

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[1]  See References in Text note below.

Source

(Pub. L. 97–35, title VI, § 658P, as added Pub. L. 101–508, title V, § 5082(2),Nov. 5, 1990, 104 Stat. 1388–248; amended Pub. L. 102–401, § 3,Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c),Nov. 4, 1992, 106 Stat. 5036; Pub. L. 103–171, § 8,Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104–193, title VI, § 614,Aug. 22, 1996, 110 Stat. 2287; Pub. L. 105–33, title V, § 5602(5),Aug. 5, 1997, 111 Stat. 646.)

References in Text

Section 9858 of this title, referred to in par. (8), does not contain a subsec. (a) and does not relate to designation of lead agencies. For provisions relating to designation of a State agency to act as a lead agency, see section 9858b (a) of this title.

Section 4909 of title 20, referred to in par. (14)(B), was repealed by Pub. L. 103–382, title III, § 363,Oct. 20, 1994, 108 Stat. 3975.

Amendments

1997—Par. (13). Pub. L. 105–33substituted “and” for “or” after “American Samoa,”.

1996—Par. (2). Pub. L. 104–193, § 614(1), in first sentence, inserted “or as a deposit for child care services if such a deposit is required of other children being cared for by the provider” after “payment for child care services”.

Par. (3). Pub. L. 104–193, § 614(2), struck out heading and text of par. (3). Text read as follows: “The term ‘elementary school’ means a day or residential school that provides elementary education, as determined under State law.”

Par. (4)(B). Pub. L. 104–193, § 614(3), substituted “85 percent” for “75 percent”.

Par. (5)(B). Pub. L. 104–193, § 614(4), inserted “great grandchild, sibling (if such provider lives in a separate residence),” after “grandchild,”, struck out “is registered and” after “such provider”, and substituted “any applicable requirements” for “any State requirements”.

Par. (10). Pub. L. 104–193, § 614(5), struck out heading and text of par. (10). Text read as follows: “The term ‘secondary school’ means a day or residential school which provides secondary education, as determined under State law.”

Par. (13). Pub. L. 104–193, § 614(6), inserted “or” after “Samoa,” and struck out “, and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands”.

Par. (14). Pub. L. 104–193, § 614(7), designated existing text as subpar. (A), inserted heading, and added subpar. (B).

1993—Pars. (7), (14). Pub. L. 103–171made technical correction to directory language of Pub. L. 102–586, § 8(c)(2). See 1992 Amendment note below.

1992—Pub. L. 102–401, § 3(a), andPub. L. 102–586, § 8(c)(1), made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.

Par. (7). Pub. L. 102–586, § 8(c)(2)(A), as amended by Pub. L. 103–171, which directed the amendment of par. (7) by substituting “section 450b (e) of title 25” for “section 450b (b) of title 25”, could not be executed because the words “section 450b (b) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102–401, § 3(b)(1). See below.

Pub. L. 102–401, § 3(b)(1), substituted “section 450b (e) of title 25” for “section 450b (b) of title 25”.

Par. (14). Pub. L. 102–586, § 8(c)(2)(B), as amended by Pub. L. 103–171, which directed the amendment of par. (14) by substituting “section 450b (l) of title 25” for “section 450b (c) of title 25”, could not be executed because the words “section 450b (c) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102–401, § 3(b)(2). See below.

Pub. L. 102–401, § 3(b)(2), substituted “section 450b (l) of title 25” for “section 450b (c) of title 25”.

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–33effective as if included in the enactment of title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5603 ofPub. L. 105–33, set out as a note under section 618 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193effective Oct. 1, 1996, see section 615 ofPub. L. 104–193, set out as a note under section 9858 of this title.

Effective Date of 1992 Amendments

Amendment by Pub. L. 102–586effective Nov. 4, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 8(d) ofPub. L. 102–586, set out as a note under section 9858h of this title.

Amendment by Pub. L. 102–401effective Oct. 7, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 4 ofPub. L. 102–401, set out as a note under section 9835 of this title.