When the request is associated with a foster home, we will
consider:
(1) The compliance history of the foster home.
(2) If the request is to increase the maximum number
of foster children a foster home may care for, whether you may use
the exception criteria under §749.2551(b) of this title (relating
to What is the maximum number of children a foster family home may
care for?); and
(3) Any limitations in state or federal law, including
that:
(A) We only may issue a waiver if the home is a kinship
foster home;
(B) We may not approve a request that would result
in a foster home's total capacity exceeding eight foster children;
and
(C) We may not approve a request that would result
in a foster home's foster care capacity exceeding six foster children
unless:
(i) You are requesting a variance for a reason in §749.2551(b)(1)
of this title; and
(ii) You are not able to use the exception criteria
under §749.2551(b) of this title to increase the foster home's
foster care capacity.
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