1. (1) The provider shall ensure the following regarding the foster home environment:

   1. (a) each indoor and outdoor area of the home is maintained to ensure a safe physical environment;
   2. (b) the home is free from health and fire hazards;
   3. (c) the home has a working smoke detector and a working carbon monoxide detector on each separated level and at least one of each shall be close to sleeping areas;
   4. (d) the home has at least one fire extinguisher meeting the rating requirements of 2A:10BC, that is fully charged and readily accessible to the main living area;
   5. (e) the home has at least one toilet, sink and tub or shower; and
   6. (f) each bathroom has a lock sufficient to maintain the privacy of the occupant.

2. (2) The provider shall ensure each bedroom space complies with the following:

   1. (a) children of the opposite genders do not share a bedroom unless:

      1. (i) each child sharing the room is under two years of age;
      2. (ii) the department client record identifies gender-specific rationale; or
      3. (iii) there is written caseworker approval for the bedroom assignment;
   2. (b) the foster parent's bedroom is only shared with a foster child under the age of two years and the foster parent may not bed-share with a foster child;
   3. (c) the foster parent's bedroom is not considered in calculating the allowable bedroom space for a foster child;
   4. (d) a foster child may not share a bedroom with other adults in the home;
   5. (e) a foster child has an individual bed or crib, mattress, and linens that meet the child's needs;
   6. (f) a weighted blanket is only used for a foster child if therapeutically recommended in-writing or approved in-writing by the child's caseworker;
   7. (g) there is a minimum of 40 square feet per child, excluding adjoining bathrooms and storage space;

   8. (h) no more than four children are housed in a single bedroom that houses at least one foster child;

      1. (i) a bedroom used for a foster child is comparable to other similarly utilized bedrooms in the home, including access, location, space, finishings, and furnishings;
   9. (j) a bedroom used by a foster child shall have at least one screened window that opens that may be used to evacuate the room if there is a fire;

   10. (k) any bedroom used by a foster child that is above the ground level shall have at least two exits from that level; and

       1. (l) closet or dresser space is provided within the bedroom for the foster child's personal possessions and for a reasonable degree of privacy.

3. (3) The provider shall ensure:

   1. (a) there is space or access to common areas for recreational activities;
   2. (b) there is adequate lighting, ventilation and the home is maintained at a reasonable temperature when occupied by a foster child in consideration of the age and needs of the foster child and other residents;
   3. (c) there is a properly operating kitchen with working refrigerator, cooking appliances, adequate supply of safe drinking water and functional indoor plumbing;

   4. (d) each hazard on the property is abated and mitigated through the use of protective hardware, fencing, banister, railing, grate, natural barrier, or other licensor approved method to secure any:

      1. (i) fall hazard of 3 feet or greater including a steep grade, cliff, open pit, window well, stairwell, elevated porch, and retaining wall;
      2. (ii) drowning hazard including a swimming pool, hot tub, water feature, pond and stream;
      3. (iii) burn hazard including fireplaces, candles, radiators, water temperature;
      4. (iv) unstable heavy item, including a television and bookshelf;
      5. (v) high voltage booster; and
      6. (vi) dangerous traffic condition;
   5. (e) the home and its contents are maintained in a clean and safe condition and food, clothing, supplies, furniture, and equipment are of sufficient quantity, variety, and quality to meet the foster child's needs;
   6. (f) the home is free from rodent and insect infestation;
   7. (g) there are at least two exits adequately sized for emergency personnel on each accessible level of the home and a multiple-level home has a functional, automatic fire suppression system or an escape ladder, stairway, or other exterior egress to ground level accessible from each of the upper levels;

   8. (h) the foster parent uses child safety devices appropriate to the needs of the foster child, including safety gates, and electrical outlet covers;

      1. (i) the home address is clearly visible and location is accessible;
   9. (j) the water and sewage disposal system, other than a public system, is approved by the appropriate authorities;

   10. (k) there is trash and recycling disposal;

       1. (l) any swimming pool is secured to prevent unsupervised access and complies with applicable community ordinances; and
   11. (m) any hot tub or spa has a locked cover.

KEY: licensing, human services, foster care, certified foster care

Date of Last Change: July 18, 2025

Notice of Continuation: October 3, 2022

Authorizing, and Implemented or Interpreted Law: 26B-2-104