
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9858n]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
         SUBCHAPTER II-B--CHILD CARE AND DEVELOPMENT BLOCK GRANT
 
Sec. 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     (3) Repealed.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, Sec. 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.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

                             (9) Parent

        The term ``parent'' includes a legal guardian or other person 
    standing in loco parentis.

    (10) Repealed. Pub. L. 104-193, title VI, Sec. 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.

(Pub. L. 97-35, title VI, Sec. 658P, as added Pub. L. 101-508, title V, 
Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-248; amended Pub. L. 102-401, 
Sec. 3, Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c), Nov. 
4, 1992, 106 Stat. 5036; Pub. L. 103-171, Sec. 8, Dec. 2, 1993, 107 
Stat. 1994; Pub. L. 104-193, title VI, Sec. 614, Aug. 22, 1996, 110 
Stat. 2287; Pub. L. 105-33, title V, Sec. 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, Sec. 363, Oct. 20, 1994, 108 Stat. 3975.


                               Amendments

    1997--Par. (13). Pub. L. 105-33 substituted ``and'' for ``or'' after 
``American Samoa,''.
    1996--Par. (2). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 614(3), substituted ``85 
percent'' for ``75 percent''.
    Par. (5)(B). Pub. L. 104-193, Sec. 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, Sec. 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, Sec. 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, Sec. 614(7), designated existing text as 
subpar. (A), inserted heading, and added subpar. (B).
    1993--Pars. (7), (14). Pub. L. 103-171 made technical correction to 
directory language of Pub. L. 102-586, Sec. 8(c)(2). See 1992 Amendment 
note below.
    1992--Pub. L. 102-401, Sec. 3(a), and Pub. L. 102-586, Sec. 8(c)(1), 
made identical technical corrections to directory language of Pub. L. 
101-508, Sec. 5082(2), which added this section.
    Par. (7). Pub. L. 102-586, Sec. 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, Sec. 3(b)(1). See below.
    Pub. L. 102-401, Sec. 3(b)(1), substituted ``section 450b(e) of 
title 25'' for ``section 450b(b) of title 25''.
    Par. (14). Pub. L. 102-586, Sec. 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, Sec. 3(b)(2). See below.
    Pub. L. 102-401, Sec. 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. 105-33 effective 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 of Pub. L. 105-33, set out as a note under section 618 of this 
title.


                    Effective Date of 1996 Amendment

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


                    Effective Date of 1992 Amendments

    Amendment by Pub. L. 102-586 effective Nov. 4, 1992, but not 
applicable with respect to fiscal years beginning before Oct. 1, 1992, 
see section 8(d) of Pub. L. 102-586, set out as a note under section 
9858h of this title.
    Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not 
applicable with respect to fiscal years beginning before Oct. 1, 1992, 
see section 4 of Pub. L. 102-401, set out as a note under section 9835 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 9858a, 9858i of this title.
