13 CSR 35-60.020
Capacity of Foster Homes
PURPOSE: This rule tells the ages and number of children to be
kept in a foster home. It also lists the exceptions.
(1) The maximum number of children in a foster home shall
not exceed six (6). Each foster child shall be counted as one (1)
placement. The children of the foster parent are counted within
the maximum number of children in the foster home until they
reach the age of eighteen (18) years. The Children’s Division
may waive the maximum number of children who may be
placed in the same foster home to permit the placement of
foster children sibling groups and placement of a minor parent
and his/her child(ren).
(2) Foster parent(s) shall not provide care for more than two (2)
children under age two (2) and no more than four (4) children
under the age of five (5) unless necessary to accommodate a
sibling group on a temporary basis.
(3) The maximum capacity of homes providing care for youth
with elevated needs as defined in 13 CSR 35-60.070 and youth
with elevated medical needs as defined in 13 CSR 35-60.100
shall not exceed four (4) placements with no more than two
(2) placements of youth with elevated needs. The children of
the foster parent are counted within the maximum until they
reach the age of eighteen (18) years.
(4) The number of children placed in a foster family home
may, at the discretion of the division, exceed the numerical
limitation in section (1) of this rule for the following reasons:
(A) To allow a child in foster care who is also the parent of a
child to remain together in a foster family home;
(B) To allow siblings to remain together;
(C) To allow a child with an established meaningful
relationship with the family to remain with the family; or
(D) To allow a family with special training or skills, as
determined by the division, to provide care to a child who
has a severe disability. Severe disability shall mean the same
as a youth with elevated medical needs, as defined in 13 CSR
35-60.100 Foster Care Services for Youth with Elevated Medical
Needs.
(5) Foster parents shall notify the division of all contracts for
the care of children held at the time of application for an initial
license. Foster parents shall notify the division of all contracts
for the care of children entered into, terminated, or suspended
after licensure.
(6) If a licensed foster parent is also licensed or registered as
an in-home child care provider, no foster child under the age
of seven (7) may be placed in the foster parent’s home unless
necessary to accommodate a sibling group on a temporary
basis. The number of foster children placed at the foster
parent’s home shall not cause the licensed or registered child
care provider to exceed the number of children for which the
provider is licensed or registered.
AUTHORITY: sections 207.020, 210.506, and 660.017, RSMo 2016.*
Original rule filed July 18, 2006, effective Jan. 30, 2007. Amended:
Filed Sept. 15, 2015, effective March 30, 2016. Amended: Filed July
1, 2020, effective Jan. 30, 2021.
*Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982,
1986, 1993, 2014; 210.506, RSMo 1982, amended 1993, 1995; and 660.017, RSMo 1993,
amended 1995.