Minnesota Administrative Rules

2960.3030 CAPACITY LIMITS.

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

History:

28 SR 211; L 2005 c 56 s 2

Published Electronically:

August 5, 2008