1. (a) In general In this subpart:

   1. (1) Child The term “child” means an individual who is not more than 18 years of age or who is an individual with a disability.

   2. (2) Grandparent or older individual who is a relative caregiver The term “grandparent or older individual who is a relative caregiver” means a grandparent or stepgrandparent of a child, or a relative of a child by blood, marriage, or adoption, who is 55 years of age or older and—

      1. (A) lives with the child;
      2. (B) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregiver of the child; and
      3. (C) has a legal relationship to the child, as such legal custody or guardianship, or is raising the child informally.

2. (b) Rule In providing services under this subpart—

   1. (1) for family caregivers who provide care for individuals with Alzheimer’s disease and related disorders with neurological and organic brain dysfunction, the State involved shall give priority to caregivers who provide care for older individuals with such disease or disorder; and
   2. (2) for grandparents or older individuals who are relative caregivers, the State involved shall give priority to caregivers who provide care for children with severe disabilities.

(Pub. L. 89–73, title III, § 372, as added Pub. L. 106–501, title III, § 316(2), Nov. 13, 2000, 114 Stat. 2254; amended Pub. L. 109–365, title III, § 320, Oct. 17, 2006, 120 Stat. 2551.)

Amendments 2006—Pub. L. 109–365 designated existing provisions as subsec. (a) and inserted heading, inserted “or who is an individual with a disability” after “age” in par. (1), substituted “a child by blood, marriage, or adoption” for “a child by blood or marriage” and “55 years” for “60 years” in par. (3), redesignated par. (3) as (2), struck out former par. (2) which defined term “family caregiver”, and added subsec. (b).

Short Title For short title of this part as the “National Family Caregiver Support Act”, see section 371 of Pub. L. 89–73, set out as a Short Title note under section 3001 of this title.