1. (1) The Division must determine the number of residents permitted to reside in an AFH based on the ability of the provider to meet the care needs of the residents, the fire and life safety standards, and compliance with the physical structure standards of these rules. Determination of maximum licensed capacity may include consideration of total household composition including children. Sleeping requirements for children are:

   1. (a) Sleeping arrangements for children must be safe and appropriate, based on the child's age, gender, special needs, behavior, and history of abuse and neglect;
   2. (b) Each child must have a safe and adequate bed in which to sleep.

2. (2) The following limits apply:

   1. (a) The maximum number of residents is limited to five;

   2. (b) In the determination of the Division, the following persons may be included in the licensed capacity of five:

      1. (A) Respite care residents;
      2. (B) Day care persons;
      3. (C) Adult family members of the provider or resident manager who need care; and
      4. (D) Child family members of the provider or resident manager who need care.
3. (3) If the number of resident’s who receive care exceeds the ability of the provider to meet the care, health, life, and safety needs of the residents, the Division may reduce the AFH licensed capacity.
4. (4) The Division may place conditions, restrictions, or limitations on the AFH license as necessary to maintain the health, life, and safety of the residents.
5. (5) Providers may not exceed the licensed capacity of the AFH. However, respite care of no longer than two weeks duration may be provided an individual resident if the addition of the respite individual resident does not cause the total number of residents to exceed five. Thus, a provider may exceed the licensed number of residents by one respite individual resident for two weeks or less if approved by the CMHP or the Division, and if the total number of residents does not exceed five.

Statutory/Other Authority

ORS 413.042

Statutes/Other Implemented

ORS 443.705 - 443.825

History

BHS 5-2025, amend filed 02/28/2025, effective 03/01/2025
BHS 6-2018, amend filed 03/21/2018, effective 03/30/2018
MHS 9-2017, f. 6-29-17, cert. ef. 7-1-17
MHS 3-2017(Temp), f. 3-3-17, cert. ef. 3-4-17 thru 8-30-17
MHS 14-2016(Temp), f. 9-6-16, cert. ef. 9-7-16 thru 3-3-17
Renumbered from 309-040-0012, MHD 3-2005, f. & cert. ef. 4-1-05
MHD 1-1992, f. & cert. ef. 1-7-92 (and corrected 1-31-92)