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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 141. Licensing Standards for Independent Foster Homes
12/31/2024

22VAC40-141-100. Capacity.

A. The provider shall not exceed the maximum capacity stipulated on the license.

B. The maximum number of children in an independent foster home shall be eight, including the children of the provider and any other children who reside in the home, with the following conditions: An exception may be granted by the licensing authority for sibling groups which may cause the home to exceed the licensed capacity.

1. The adult caretaker to child ratio shall be one to four for (i) preschool children during the regular waking hours and (ii) children with special needs, as indicated by a licensed physician or licensed clinical psychologist, during the regular waking hours.

2. The capacity of a home shall also be based on the physical accommodations of the home, the abilities and experience of the provider, the needs of the children already in the home and children to be placed, and the number of assistants.

3. An adult household member shall not be considered an adult caretaker unless the individual actively participates in the care and supervision of the children.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 15, Issue 10, eff. March 3, 1999; amended, Virginia Register Volume 21, Issue 6, eff. February 1, 2005.

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