1. (a) In general In this part:

   1. (1) Child The term “child” means an individual who is not more than 18 years of age.
   2. (2) Individual with a disability The term “individual with a disability” means an individual with a disability, as defined in section 12102 of this title, who is not less than age 18 and not more than age 59.

   3. (3) Older relative caregiver The term “older relative caregiver” means a caregiver who—

      1. (A)

         1. (i) is age 55 or older; and
         2. (ii) lives with, is the informal provider of in-home and community care to, and is the primary caregiver for, a child or an individual with a disability;

      2. (B) in the case of a caregiver for a child—

         1. (i) is the grandparent, stepgrandparent, or other relative (other than the parent) by blood, marriage, or adoption, of the child;
         2. (ii) is the primary caregiver of the child because the biological or adoptive parents are unable or unwilling to serve as the primary caregivers of the child; and
         3. (iii) has a legal relationship to the child, such as legal custody, adoption, or guardianship, or is raising the child informally; and
      3. (C) in the case of a caregiver for an individual with a disability, is the parent, grandparent, or other relative by blood, marriage, or adoption, of the individual with a disability.
2. (b) Rule In providing services under this part, 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.

(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; Pub. L. 114–144, § 4(k)(2), (m), Apr. 19, 2016, 130 Stat. 340, 341.)

Amendments

2016—Pub. L. 114–144, § 4(m), substituted “this part” for “this subpart” in introductory provisions.

Subsec. (a)(1). Pub. L. 114–144, § 4(k)(2)(A)(i), struck out “or who is an individual with a disability” before period at end.

Subsec. (a)(2), (3). Pub. L. 114–144, § 4(k)(2)(A)(ii), added pars. (2) and (3) and struck out former par. (2) which defined grandparent or older individual who is a relative caregiver.

Subsec. (b). Pub. L. 114–144, § 4(k)(2)(B), substituted “this part,” for “this subpart—”, struck out par. (1) designation before “for family caregivers”, and struck out par. (2) which read as follows: “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.”

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.