26B-2-128. Numerical limit of foster children in a foster home -- Limits on bedroom sharing.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)No more than four foster children may reside in the foster home of a licensed foster parent.

(b)No more than three foster children may reside in the foster home of a certified foster parent.

(2)When placing a child into a foster home, the limits under Subsection

(1)may be exceeded:

(a)to place a child into a foster home where a sibling of the child currently resides; or

(b)to place a child in a foster home where the child previously resided.

(3)The limits under Subsection

(1)may be exceeded for:

(a)placement of a sibling group in a foster home with no more than one other foster child placement;

(b)placement of a child or sibling group in a foster home where the child or sibling group previously resided; or

(c)placement of a child in a foster home where a sibling currently resides.

(a)A foster child may not share a bedroom with a child of the opposite biological sex unless:

(i)each child sharing the bedroom is under two years old;

(A)the department's client record identifies gender-specific rationale for sharing the bedroom;

(B)sharing the bedroom is in the best interests of each child sharing the bedroom; and

(C)all children sharing the bedroom are relatives; or

(A)there is written caseworker approval for the bedroom assignment;

(B)sharing the bedroom is in the best interests of each child sharing the bedroom; and

(C)all children sharing the bedroom are relatives.

(b)The Division of Child and Family Services shall approve a bedroom assignment by which a child has their own bedroom if:

(i)there is a gender-specific or sexual-orientation specific rationale for the bedroom assignment; and

(ii)the bedroom assignment is necessary to promote the child's best interest.

(5)A foster parent's bedroom may only be shared with a foster child who is under the age of two years old.

(6)A foster parent may not share a bed with any foster child.

Amended by Chapter 48 , 2025 General Session