Sec. 07.02.25.13. Limitations on Active and Inactive Resource Homes

A. A local department may not permit a resource home it approves to:

(1) Be licensed for child or adult care by more than one agency unless approval is given in writing by the local department director or the director's designee;

(2) Independently accept a child or an adult for care from an individual or agency other than the agency that approved the resource home;

(3) Provide independent boarding care except to a child of a relative or friend on a temporary basis, and this child shall be counted as the resource parent's own child in the count of the children in the home;

(4) Allow the care of an ill or convalescing adult, unless the situation is evaluated by the local department and it is determined that this care does not interfere with the care of the foster child;

(5) Except as provided for in §§C and D of this regulation, to provide care for more than six children, including those of the resource parent;

(6) Have more than two infants younger than 2 years old, including the resource parent's own children; or

(7) Except as provided for in §B of this regulation, provide child day care.

B. Limitation on Child Day Care. A limitation may be waived on written authorization of the local department and the Maryland Office of Child Care after review, and if all of the following criteria are met:

(1) The home meets the standards of the local department and the Maryland Office of Child Care;

(2) The home is not a treatment foster care home, because caring for children in treatment foster care is a full-time responsibility; and

(3) It has been assured that the family day care provider has the physical and emotional strength to be responsible for the day care of one or more children, in addition to what is needed in care and supervision for the child, or children, in the resource family home on a full-time basis.

C. For the purpose of dually approved resource/day care homes:

(1) The resource/day care parents' children, the foster children, and the day care children younger than 13 years old shall be counted as children to be served;

(2) Not more than two children younger than 2 years old may be in the home;

(3) The resource/day care parents may not care for more than six children including the day care children, the foster care children, and the foster parent's birth children, adopted children, or both if younger than 13 years old; and

(4) The resource/day care parent may care for a total of eight children if the foster care or day care children include a sibling group.

D. Under §A (5) of this regulation, the local department may permit up to eight children in a home, including those children of the resource parent, when required to care for a sibling group or for a short-term (60 to 90 days) emergency placement of a child. However, if there is an infant in the home, or if three of the children are younger than 6 years old, there may not be more than six children in the home.

E. Educational Limitations.

(1) Resource parents may not home school foster children.

(2) Decisions to use a private or parochial school shall be discussed with the local department and if approved:

(a) The resource parent is responsible for payment of tuition, books, and any other costs associated with a child they choose to enroll in an accredited private or parochial school; and

(b) The monthly board payment is not to be supplemented to pay these school costs.

(3) When a child enters care and is currently enrolled in an accredited private or parochial school, the child shall be enrolled in public school unless the resource parent with the permission of the local department chooses to assume responsibility for continued enrollment or the biological family continues to financially provide for the education.