Department of Human Services
Aging and People with Disabilities and Developmental Disabilities - Chapter 411
Division 360
ADULT FOSTER HOMES FOR INDIVIDUALS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES
411-360-0060
Capacity
(1) The maximum capacity of an AFH-DD is limited to five individuals who require care and services who are unrelated to the provider by blood, marriage, or adoption.
(2) The number of individuals permitted to reside in an AFH-DD is determined by the ability of the caregiver to meet the care, service, and support needs of the individuals, fire safety standards, physical structure standards, and the standards of these rules.
(a) Determination of maximum capacity includes consideration of total household composition including all children, adult relatives, and older adults.
(b) In determining maximum capacity, consideration is given to whether children over the age of 5 have a bedroom separate from their parents and the number and age of children or others that reside in the AFH-DD requiring care.
(3) Children under the age of 10 living in the AFH-DD and individuals requiring relief care, attendant care, or skills training services are included in the licensed capacity of the AFH-DD.
(4) A provider may only exceed the licensed capacity of the AFH-DD by one or more individuals if:
(a) Approved by the Department;
(b) There is adequate bedroom and living space available in the AFH-DD for the individuals receiving services; and
(c) The total capacity does not exceed five.
Statutory/Other Authority: ORS 409.050, 410.070, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.765, 443.767, 443.775 & 443.790
Statutes/Other Implemented: ORS 443.705-825
History:
APD 21-2016, f. & cert. ef. 6-29-16
APD 30-2015(Temp), f. 12-31-15, cert. ef. 1-1-16 thru 6-28-16
SPD 34-2013, f. & cert. ef. 9-27-13
SPD 13-2010, f. 6-30-10, cert. ef. 7-1-10
SPD 3-2005, f. 1-10-05, cert. ef 2-1-05