new text begin Child foster home variances for capacity. new text end

new text begin (a) The commissioner, or the commissioner of corrections under section 241.021, may grant a variance for a licensed family foster parent to allow additional foster children if: new text end

new text begin (1) the variance is needed to allow: (i) a parenting youth in foster care to remain with the child of the parenting youth; (ii) siblings to remain together; (iii) a child with an established meaningful relationship with the family to remain with the family; or (iv) a family with special training or skills to provide care to a child who has a severe disability; new text end

new text begin (2) there is no risk of harm to a child currently in the home; new text end

new text begin (3) the structural characteristics of the home, including sleeping space, accommodates additional foster children; new text end

new text begin (4) the home remains in compliance with applicable zoning, health, fire, and building codes; and new text end

new text begin (5) the statement of intended use specifies conditions for an exception to capacity limits and specifies how the license holder will maintain a ratio of adults to children that ensures the safety and appropriate supervision of all the children in the home. new text end

new text begin (b) A variance granted to a family foster home under Minnesota Rules, part 2960.3030, subpart 3, prior to October 1, 2019, remains in effect until January 1, 2020. new text end