a)
General Rule Regarding the Number of Children in a Foster Family Home Refer to
Appendices B and C of this part for a visual explanation of the number and ages
of children allowed in a foster family home.
1) The maximum number of children permitted
in a foster family home shall be six children who do not require specialized
care, except as permitted in subsections (c), (d) and (e). This maximum number
includes the foster parents' own children under age 18 and all other children
under the age of 18 receiving full-time care.
2) When determining how many children a
foster family home may accept for care, the maximum number of children shall be
reduced as described in Appendix C when the foster, adopted, or biological
children have developmental, emotional, behavioral, or medical needs which
require specialized care.
b) General Rules Regarding Ages of Children
in a Foster Family Home
1) Four Children
Under Age Six
No more than four children under six years of age,
including the foster parent's own children, shall receive full-time care in a
foster family home at any one time. When all of the foster children are of
common parentage, as defined in Section
402.2, the foster
home may be specifically approved under subsection (c)(3)(A)(ii) to care for
more than four children under six years of age with the approval of clinical
services and licensing.
2)
Two Children Under Age Two
No more than two children, including the
family's own children, shall be under two years of age unless the foster family
home is accommodating a sibling group on a temporary
basis.
c) Expanded
Capacity License Provisions for Foster Family Care
1) Foster parents may be licensed to care for
more than six children on a full-time basis only if the foster parents are
otherwise in compliance with the requirements of this Part, can meet the
licensing standards for the additional children and have demonstrated
competency in caring for the ages and characteristics of children for whom they
are seeking the expanded capacity license. The maximum number of children
permitted in a foster family home with an expanded capacity license is eight
children unless:
A) all of the foster
children are of common parentage, as defined in Section 402.2, and the Director
of the Department has personally approved the placement; or
B) a waiver to permit an adoptive placement
has been granted by the Director in accordance with subsection (e).
2) No more than two of the
children cared for under an expanded capacity license may be under two years of
age unless the foster family home is accommodating a sibling group on a
temporary basis.
3) An expanded
capacity license may be issued to allow only the following types of care:
A) Sibling Groups
i) A licensed foster family home may receive
an expanded capacity license to care for a maximum of eight children (including
the foster parent's own children under age 18 and all other children under age
18 receiving full-time care) in order to keep one or more sibling groups
together in the foster family home.
ii) The maximum of no more than four children
under age six does not apply when all of the foster children are of common
parentage, as defined in Section 402.2, and clinical services and licensing
have approved in writing a plan that allows for the full-time care of more than
four children under age six.
iii)
No expanded capacity license is required to allow overnight visits between
siblings.
B) Foster
Children with Children
A licensed foster family home may receive an
expanded capacity license to care for a maximum of eight children (including
the foster parent's own children under age 18 and all other children under age
18 receiving full-time care) to allow foster children who are parents to bring
their own children with them to live in the foster family home. The expanded
capacity license is to allow the foster family home to accept more than six
children, but does not exempt the home from compliance with the requirements of
Section 402.15(b), regarding the ages of children in the home.
C) Respite Foster Care
A licensed
foster family home may receive an expanded capacity license to care for a
maximum of eight children (including the foster parent's own children under age
18 and all other children under age 18 receiving full-time care), if the home
provides respite foster care. Any children received for respite care shall be
counted in the maximum of eight children.
D) Meaningful Relationships
To allow a
child with an established meaningful relationship with the family to remain
with the family and to allow a family with special training or skills to
provide care to a child who has a severe disability.
E) For purpose of
adoption.
d)
Foster Care Placements Made Before January 1, 1998
1) These amendments are not retroactive in
their effect. If more than six children under age 18 are residing in a foster
family home as of December 31, 1997, the appropriateness of continuing in the
foster care placement shall be evaluated for each child by June 30, 1998. The
results of the evaluation shall be documented in the child's case record and a
copy forwarded to the Department's local office of licensing.
2) If the evaluation finds that the foster
children are receiving adequate and appropriate care in the current foster
family home and that remaining in the current foster family home is in the best
interests of the foster children, the foster children may remain in the foster
care placement, even if there are more than six children in the home (including
the foster parent's own children under age 18 and all other children under age
18 receiving full-time care).
A) Foster
parents are not required to obtain an expanded capacity license to continue to
care for children already placed with them as of December 31, 1997, but may not
accept additional foster children until the home complies with the requirements
of Section 402.15.
B) When the
foster children in care as of December 31, 1997 move to another placement or
attain the age of 18, the capacity of the foster home will be reduced until it
reaches the maximum of six children, unless the foster parents have applied for
and been granted an expanded capacity license allowing them to care for eight
children.
3) If the
evaluation finds that the foster children are not receiving adequate and
appropriate care in their current foster family home or that remaining in the
current foster family home is not in the best interests of one or more of the
foster children, the affected children shall be moved to another appropriate
placement. All such moves shall be made in a planned manner after prior notice
has been given to the foster parents, as required by 89 Ill. Adm. Code
337
(Service Appeals Process).
e) Adoptive Placements
1) Maximum Number of Children
A
licensed foster family home may receive an expanded capacity license to care
for a maximum of eight children (including the foster parent's own children
under age 18 and all other children under age 18 receiving full-time care) in
order to effect an adoptive placement. The Director of the Department of
Children and Family Services may waive in writing the maximum number of eight
children to effect an adoptive placement provided the following criteria are
met:
A) a licensed child welfare agency
or the Department proposes to place an additional child or children in the home
for the purpose of adoption;
B) a
licensed child welfare agency or the Department has documented in the child's
case record that this home is the most appropriate choice for an adoptive
placement and is consistent with the best interests and special needs of the
child or children;
C) the foster
family is otherwise in compliance with the licensing requirements of this Part
and can meet licensing standards for the additional child or children;
and
D) the foster family or
supervising agency has requested, in writing, that the Director waive the limit
of eight children under the age of 18 so that an additional child or children
may be placed in their home for purposes of adoption.
2) Ages of Children
The Director of the
Department of Children and Family Services may waive in writing the age
requirements in subsection (b), if necessary, to place a child in an adoptive
home provided the criteria in subsection (c)(2) are met and there are a
sufficient number of suitable adult caregivers to ensure that the children
receive proper care and supervision.
f) Independent Foster Family Homes
Independent foster homes receive children by independent arrangement.
These homes are not subject to direct and regular supervision by a child
welfare agency. These homes shall not be licensed for more than a maximum of
four children under age 18 (including the foster parent's own children under
age 18 and all other children under age 18 receiving full-time care) unless all
of the unrelated children are of common parentage. No more than two of these
children, including the family's own children, shall be under the age of two
unless the foster family is accommodating a sibling group on a temporary
basis.
