OAR 309-040-0325
Capacity

(1) The Division shall determine the number of individuals permitted to reside in an AFH based on the ability of the caregiver to meet the care needs of the individuals, the fire safety standards, and compliance with the physical structure standards of these rules. Determination of maximum licensed capacity may include consideration of total household composition including children. Sleeping requirements for children are:
(a) Sleeping arrangements for children in care shall be safe and appropriate, based on the child’s age, gender, special needs, behavior, and history of abuse and neglect;
(b) Each child in care shall have a safe and adequate bed in which to sleep.
(2) The following limits apply:
(a) The number of individuals is limited to five;
(b) In the determination of the Division, the following individuals may be included in the licensed capacity of five:
(A) Respite care individuals;
(B) Day care persons;
(C) Adult family members of the provider or resident manager who need care; and
(D) Child family members of the provider or resident manager who need care.
(3) If the number of individuals who receive care exceeds the ability of the provider to meet the care, health, life, and safety needs of the individuals, the Division may reduce the AFH licensed capacity.
(4) The Division may place conditions, restrictions, or limitations on the AFH license as necessary to maintain the health, life, and safety of the individual.

Source: Rule 309-040-0325 — Capacity, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=309-040-0325.

309‑040‑0300
Purpose and Scope 309‑040‑0305
Definitions 309‑040‑0307
Required Home-like Qualities 309‑040‑0310
License Required 309‑040‑0315
License Application and Fees 309‑040‑0320
Classification of AFHs 309‑040‑0325
Capacity 309‑040‑0330
Zoning for Adult Foster Homes 309‑040‑0335
Training Requirements for Providers, Resident Managers, and Substitute Caregivers 309‑040‑0340
Issuance of a License 309‑040‑0345
Renewal 309‑040‑0350
Variance 309‑040‑0355
Contracts 309‑040‑0360
Qualifications for AFH Providers, Resident Managers, and Other Caregivers 309‑040‑0365
Facility Standards 309‑040‑0370
Safety 309‑040‑0375
Sanitation 309‑040‑0380
Individual Furnishings 309‑040‑0385
Food Services 309‑040‑0390
Standards and Practices for Care and Services 309‑040‑0393
Individually-Based Limitations 309‑040‑0394
Residency Agreement 309‑040‑0395
Standards for Admission, Transfers, Respite, Discharges, and Closures 309‑040‑0400
Inspections 309‑040‑0405
Procedures for Correction of Violations 309‑040‑0410
Residents’ Bill of Rights, Complaints, and Grievances 309‑040‑0415
Administrative Sanctions 309‑040‑0420
Denial, Suspension, Revocation, or Refusal to Renew 309‑040‑0425
Removal of Residents 309‑040‑0430
Conditions 309‑040‑0435
Criminal Penalties 309‑040‑0440
Civil Penalties 309‑040‑0445
Public Information 309‑040‑0450
Adjustment, Suspension or Termination of Payment 309‑040‑0455
Enjoinment of AFH Operation
Last Updated

Jun. 8, 2021

Rule 309-040-0325’s source at or​.us