1. A. The Department may certify a provider in a home facility to care for a maximum of four children at a time, from birth through age 12, for compensation. A provider in a home facility may care for a maximum of six children at a time, from birth through age 12, or a child age 13 or older who is a child with special needs, when all of the following conditions are met:

   1. 1. No more than four children in care are for compensation; and
   2. 2. No more than two of the children in care are younger than age 1, unless a sibling group.

2. B. The Department may certify an in-home provider to provide the following care:

   1. 1. An in-home provider may care for a sibling group of no more than six children.
   2. 2. An in-home provider shall care only for the children who live in that home.
   3. 3. An in-home provider may bring the in-home provider’s own children to the in-home location with the written permission of the client, and so long as the total number of children at the in-home location does not exceed six children.

3. C. The Department may further limit the ratios allowed in subsections (A) and (B) to protect the well-being of children in care. The Department may impose additional restrictions when:

   1. 1. There are more than two children residing in the home facility who are counted in the ratio;
   2. 2. The Department determines that the home facility and the furnishings are inadequate to accommodate four children at a time for compensation, as provided in Section R6-5-5203(6);
   3. 3. The Department has determined that a provider is physically unable to care for four children at a time; for compensation or
   4. 4. A provider requests certification for fewer than four children at a time for compensation.
4. D. For the sole purpose of establishing and monitoring ratios, the Department shall not count any child who is age 13 or older, except as provided in subsection (A) for a child with special needs.

Historical Note

Adopted effective May 11, 1994 (Supp. 94-2). Former Section R6-5-5220 renumbered to R6-5-5221; new Section R6-5-5220 renumbered from R6-5-5219 and amended by final rulemaking at 5 A.A.R. 1983, effective May 20, 1999 (Supp. 99-2).