Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Maximum foster children allowed.
A foster home must have no more than six foster children. The
maximum number of children allowed in a home is eight, including a foster
parent's own children. The license holder must maintain a ratio of one adult
for each five children.
Subp.
2.
Capacity limits.
The capacity limits in items A to C apply to foster
homes.
A. A foster home must have no
more than three children who are under two years of age or who are
nonambulatory, unless the license holder maintains a ratio of at least one
adult present when children are present for every three children under two
years of age or children who are nonambulatory.
B. A foster home must have no more than four
foster children at one time if any of the children have severe or profound
developmental disabilities, have severe emotional disturbance, or is a person
assisted by medical technology.
C.
The number of foster children a foster home may accept must be limited based on
the factors in subitems (1) to (5):
(1) the
license holder's ability to supervise, considering the adult-to-child ratio in
the home;
(2) the license holder's
training, experience, and skills related to child care;
(3) the structural characteristics of the
home;
(4) the license holder's
ability to assist children in the home during emergencies; and
(5) the characteristics of the foster
children, including age, disability, and emotional problems.
Subp. 3.
Exceptions to capacity limits.
A variance may be granted to allow up to eight foster
children in addition to the license holder's own children if the conditions in
items A to E are met:
A. placement is
necessary to keep a sibling group together, to keep a child in the child's home
community, or is necessary because the foster child was formerly living in the
home and it would be in the child's best interest to be placed there
again;
B. there is no risk of harm
to the children currently in the home;
C. the structural characteristics of the
home, including sleeping space, can accommodate the additional foster
children;
D. the home remains in
compliance with applicable zoning, health, fire, and building codes;
and
E. the statement of intended
use states the conditions for the exception to capacity limits and explains how
the license holder will maintain a ratio of adults to children which ensures
the safety and appropriate supervision of all the children in the foster home.
A foster home licensed by the Department of Corrections need
not meet the requirement in item A.
Statutory Authority:
L
1995 c 226 art 3
s
60; MS s
241.021;
245A.03;
245A.09
