Sec. 8. (a) An applicant may not provide supervision and care as a foster family home if more than:
(1) six (6) individuals, each of whom:
(A) is less than eighteen (18) years of age; or
(B) is at least eighteen (18) years of age and is receiving care and supervision under an order of a juvenile court; or
(2) four (4) individuals less than six (6) years of age;
including the children or individuals for whom the provider is a relative, guardian, or custodian, receive care and supervision at the facility at the same time.
(b) Not more than four (4) of the six (6) individuals in subsection (a)(1) may be less than six (6) years of age.
(c) The department may grant an exception to this section whenever the department determines that:
(1) the placement of siblings in the same foster family home is desirable;
(2) a foster child has an established, meaningful relationship with the foster parents;
(3) the:
(A) child is being placed in the foster family home for a second or subsequent time under IC 31-34-23-5;
(B) placement would not cause the foster family home to be out of compliance with federal law; and
(C) department determines that the placement would not present a safety risk for the child or for any other resident of the foster family home; or
(4) it is otherwise in the foster child's best interests.
(d) If a foster family home does not meet the requirements under subsection (a) on July 1, 2011, any foster child placed in the home prior to July 1, 2011, may remain placed. However, a new placement of a child may not be made in violation of this section.
As added by P.L.145-2006, SEC.273. Amended by P.L.143-2008, SEC.9; P.L.162-2011, SEC.30; P.L.48-2012, SEC.30; P.L.123-2014, SEC.14; P.L.12-2018, SEC.1; P.L.210-2019, SEC.6.
Structure Indiana Code
Title 31. Family Law and Juvenile Law
Article 27. Child Services: Regulation of Residential Child Care
Chapter 4. Regulation of Foster Homes
31-27-4-1. License Required to Operate Foster Family Home; Exception
31-27-4-2. Therapeutic Foster Home; Certificates; Requirements; Supervision and Care Limits
31-27-4-4. Consultation With Fire Prevention and Building Safety Commission
31-27-4-5. Apply for Licenses; Criminal History Checks
31-27-4-6. Grounds for Denial of License Applications; Waiver
31-27-4-6.5. "Disability"; Foster Family Home
31-27-4-7. Incomplete Applications
31-27-4-8. Supervision and Care Limits; Exceptions
31-27-4-10. Investigation of Applicants
31-27-4-11. Issuance of License
31-27-4-12. Eligibility for Waivers and Variances
31-27-4-13. Denial of License; Notice; Administrative Hearing Upon Written Request
31-27-4-14. Delegation of Investigations
31-27-4-15. Investigation of Unlicensed Premises
31-27-4-16. Duration of License; Limitations; Renewal
31-27-4-17. Probationary Status; Duration; Expiration; Extension
31-27-4-18. Inspection of Foster Family Homes
31-27-4-19. Records of Monitoring Activities and Inspections
31-27-4-20. Cooperation by Licensees
31-27-4-20.5. Use of Reasonable and Prudent Parent Standard
31-27-4-21. Records Regarding Children
31-27-4-22. Notice of Enforcement Actions; Informal Meetings
31-27-4-23. Administrative Hearings
31-27-4-24. Procedure for Administrative Hearings
31-27-4-29. Cessation of Operation Following Revocation of License
31-27-4-32. Grounds for Revocation of License; Waiver
31-27-4-33. Compliance With Rules; Disciplinary Sanctions; Revocation of License
31-27-4-34. Investigation of Unlicensed Home Reports; Enforcement