§ 26B-2-128 — Numerical limit of foster children in a foster home -- Limits on bedroom sharing.

Utah § 26B-2-128

• Jurisdiction: Utah
• Title 26B: Utah Health and Human Services Code
• Ch. 26B-2: Licensing and Certifications
• Part 26B-2-1: Human Services Programs and Facilities

Text

(1) (1)(a) No more than four foster children may reside in the foster home of a licensed foster parent.
(1)(b) No more than three foster children may reside in the foster home of a certified foster parent.
(2) When placing a child into a foster home, the limits under Subsection (1) may be exceeded:
(2)(a) to place a child into a foster home where a sibling of the child currently resides; or
(2)(b) to place a child in a foster home where the child previously resided.
(3) The limits under Subsection (1) may be exceeded for:
(3)(a) placement of a sibling group in a foster home with no more than one other foster child placement;
(3)(b) placement of a child or sibling group in a foster home where the child or sibling group previously resided; or
(3)(c) placement of a child in a foster home where a sibling currently resides.
(4) (4)(a) A foster child may not share a bedroom with a child of the opposite biological sex unless:
(4)(a)(i) each child sharing the bedroom is under two years old;
(4)(a)(ii) (4)(a)(ii)(A) the department's client record identifies gender-specific rationale for sharing the bedroom;
(4)(a)(ii)(B) sharing the bedroom is in the best interests of each child sharing the bedroom; and
(4)(a)(ii)(C) all children sharing the bedroom are relatives; or
(4)(a)(iii) (4)(a)(iii)(A) there is written caseworker approval for the bedroom assignment;
(4)(a)(iii)(B) sharing the bedroom is in the best interests of each child sharing the bedroom; and
(4)(a)(iii)(C) all children sharing the bedroom are relatives.
(4)(b) The Division of Child and Family Services shall approve a bedroom assignment by which a child has their own bedroom if:
(4)(b)(i) there is a gender-specific or sexual-orientation specific rationale for the bedroom assignment; and
(4)(b)(ii) the bedroom assignment is necessary to promote the child's best interest.
(5) A foster parent's bedroom may only be shared with a foster child who is under the age of two years old.
(6) A foster parent may not share a bed with any foster child.

Legislative History

Amended by Chapter 48, 2025 General Session