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.