Page:United States Statutes at Large Volume 104 Part 2.djvu/657

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-249 "(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 658E(c)(2)(E); and "(ii) satisfies the State and local requirements, including those referred to in section 658E(c)(2)(F); 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, niece, or nephew of such provider, if such provider is registered and complies with any State 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. "(1) INDIAN TRIBE.— The term 'Indian tribe' has the meaning given it in section 4(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(b)). "(8) LEAD AGENCY. —The term 'lead agency' means the agency designated under section 658B(a). "(9) PARENT.— The term 'parent' includes a legal guardian or other person standing in loco parentis. "(10) SECONDARY SCHOOL.—The term 'secondary school' means a day or residential school which provides secondary education, as determined under State law. "(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, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. "(14) TRIBAL ORGANIZATION. —The term 'tribal organization' has the meaning given it in section 4(c) of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b(c)). "SEC. 658Q. PARENTAL RIGHTS AND RESPONSIBILITIES. 42 USC 9858o. "Nothing in this subchapter shall be construed or applied in any manner to infringe on or usurp the moral and legal rights and responsibilities of parents or legal guardians. "SEC. 658R. SEVERABILITY. 42 USC 9858p. "If any provision of this subchapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not