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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—
(A)
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
(B)
is an infant or a young child from birth through age 8 and has a substantial developmental delay or specific congenital or acquired condition that presents a high probability of resulting in a disability if services are not provided to the infant or child.
(2) Family
(A) In general
Subject to subparagraph (B), for purposes of the application of this subchapter in a State, the term “family” has the meaning given the term by the State.
(B) Exclusion of employees
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.