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Utah Code § 26B-2-128

Numerical limit of foster children in a foster home -- Limits on bedroom sharing

Amended by Chapter 48, 2025 General Session

(1)

(a) No more than four foster children may reside in the foster home of a licensed foster parent.

(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:

(a) to place a child into a foster home where a sibling of the child currently resides; or

(b) to place a child in a foster home where the child previously resided.

(3) The limits under Subsection (1) may be exceeded for:

(a) placement of a sibling group in a foster home with no more than one other foster child placement;

(b) placement of a child or sibling group in a foster home where the child or sibling group previously resided; or

(c) placement of a child in a foster home where a sibling currently resides.

(4)

(a) A foster child may not share a bedroom with a child of the opposite biological sex unless:

(i) each child sharing the bedroom is under two years old;

(ii)

(A) the department's client record identifies gender-specific rationale for sharing the bedroom;

(B) sharing the bedroom is in the best interests of each child sharing the bedroom; and

(C) all children sharing the bedroom are relatives; or

(iii)

(A) there is written caseworker approval for the bedroom assignment;

(B) sharing the bedroom is in the best interests of each child sharing the bedroom; and

(C) all children sharing the bedroom are relatives.

(b) The Division of Child and Family Services shall approve a bedroom assignment by which a child has their own bedroom if:

(i) there is a gender-specific or sexual-orientation specific rationale for the bedroom assignment; and

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.