26B-2-128. Numerical limit of foster children in a foster home -- Limits on bedroom sharing.
(1) No more than four foster children may reside in the foster home of a licensed foster parent. 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: to place a child into a foster home where a sibling of the child currently resides; or to place a child in a foster home where the child previously resided.
(3) The limits under Subsection (1) may be exceeded for: placement of a sibling group in a foster home with no more than one other foster child placement; placement of a child or sibling group in a foster home where the child or sibling group previously resided; or placement of a child in a foster home where a sibling currently resides.
(4) A foster child may not share a bedroom with a child of the opposite biological sex unless: each child sharing the bedroom is under two years old; the department's client record identifies gender-specific rationale for sharing the bedroom; sharing the bedroom is in the best interests of each child sharing the bedroom; and all children sharing the bedroom are relatives; or there is written caseworker approval for the bedroom assignment; sharing the bedroom is in the best interests of each child sharing the bedroom; and all children sharing the bedroom are relatives. The Division of Child and Family Services shall approve a bedroom assignment by which a child has their own bedroom if: there is a gender-specific or sexual-orientation specific rationale for the bedroom assignment; and 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.