b) Person(s) counted in the staff-to-child ratio must be present, awake and free from responsibilities other than those directly related to the care and supervision of the residents when they are present. These responsibilities may include food preparation and light housekeeping to maintain the area(s) wherein child care is provided.

1. 1) The awake night staff requirement for foster parenting arrangements may be waived by the Director of the Department or his designee when the facility has demonstrated that the well-being of the youth can be protected in accordance with the requirements of this Part.
2. 2) A request for a waiver of the awake night staff requirement shall be in writing and the Director's decision shall be in writing.