Ariz. Admin. Code § 21-6-309

Current through Register Vol. 31, No. 2, January 10, 2025

Section R21-6-309 - Capacity Requirements

A. The maximum capacity of a license shall not exceed five foster children, and may be restricted to fewer than five, if the foster home provides special services under R21-6-331 or an increase is not justified under subsection (F).

B. The total number of children in a foster home at one time, including the children of the foster parent and the children of a household member, shall not exceed eight.

C. Subject to subsection (F), OLR may permit an applicant or licensee to exceed the maximum number of children in the home:

1. To keep a sibling group together, if approved in writing by the DCS Director's office or designee;

2. If the total number of foster children exceed five and the additional requirements specified in R21-6-331 are met for a Group Foster Home; or

3. If the children living in the applicant or licensee's home would exceed eight, including any foster children, and the applicant or licensee meets the requirements of subsection (F);

4. To keep a foster child in the home as of the effective date of this Section.

D. The total number of children in the foster home at one time, including the children of the foster parent and any household member, any child placed for respite care, child care services, or babysitting shall not exceed:

1. Four who are five years of age or younger in the care of one adult; and

2. Two who are less than one year of age in the care of one adult.

E. OLR may permit the licensee to exceed the age limits of children in the foster home, as specified in subsection (D), to accommodate multiple birth siblings.

F. Recommendations of the licensing agency and decisions of OLR to establish or increase the capacity of a foster home or to exceed the limits as indicated in subsections (B) and (C), shall be justified by:

1. Adequate sleeping arrangements (as specified by R21-6-310 and R21-6-311),

2. The support network available to the foster parent, and

3. The licensee's willingness and ability to provide care for each additional foster child.

G. A foster parent is limited to the capacity, age, gender, and other conditions or restrictions specified on the license when providing care, including respite care.

Ariz. Admin. Code § R21-6-309

New section made by exempt rulemaking at 21 A.A.R. 3479, effective 1/24/2016.