Or. Admin. R. 309-040-0325 - Capacity

(1) The Division shall determine the number of individuals permitted to reside in an AFH based on the ability of the caregiver to meet the care needs of the individuals, the fire safety standards, and compliance with the physical structure standards of these rules. Determination of maximum licensed capacity may include consideration of total household composition including children. Sleeping requirements for children are:
(a) Sleeping arrangements for children in care shall be safe and appropriate, based on the child's age, gender, special needs, behavior, and history of abuse and neglect;
(b) Each child in care shall have a safe and adequate bed in which to sleep.
(2) The following limits apply:
(a) The number of individuals is limited to five;
(b) In the determination of the Division, the following individuals may be included in the licensed capacity of five:
(A) Respite care individuals;
(B) Day care persons;
(C) Adult family members of the provider or resident manager who need care; and
(D) Child family members of the provider or resident manager who need care.
(3) If the number of individuals who receive care exceeds the ability of the provider to meet the care, health, life, and safety needs of the individuals, the Division may reduce the AFH licensed capacity.
(4) The Division may place conditions, restrictions, or limitations on the AFH license as necessary to maintain the health, life, and safety of the individual.


Or. Admin. R. 309-040-0325
MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92 ); Renumbered from 309-040-0012, MHD 3-2005, f. & cert. ef. 4-1-05; MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7- 16 thru 3-3-17; MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17; MHS 9-2017, f. 6-29-17, cert. ef. 7/1/2017; BHS 6-2018, amend filed 03/21/2018, effective 3/30/2018

Statutory/Other Authority: ORS 413.042

Statutes/Other Implemented: ORS 443.705 - 443.825

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