The term does not include an employee who, acting in a paid employment capacity, provides services to a child with a disability in an out-of-home setting such as a hospital, nursing home, personal care home, board and care home, group home, or other facility.
42 U.S. Code § 15092. Definitions and special rule
(a) DefinitionsIn this subchapter:
(1) Child with a disabilityThe term “child with a disability” means an individual who—
has a significant physical or mental impairment, as defined pursuant to State policy to the extent that such policy is established without regard to type of disability; or
(A) In general
(B) Exclusion of employees
(3) Family support for families of children with disabilitiesThe term “family support for families of children with disabilities” means supports, resources, services, and other assistance provided to families of children with disabilities pursuant to State policy that are designed to—
support families in the efforts of such families to raise their children with disabilities in the home;
strengthen the role of the family as primary caregiver for such children;
prevent involuntary out-of-the-home placement of such children and maintain family unity; and
(6) Systems change activitiesThe term “systems change activities” means efforts that result in laws, regulations, policies, practices, or organizational structures—
that facilitate and increase access to, provision of, and funding for, family support services for families of children with disabilities; and
(b) Special ruleReferences in this subchapter to a child with a disability shall be considered to include references to an individual who is not younger than age 18 who—
is residing with and receiving assistance from a family member.