(1) Licensees using shared bedrooms:

(a) Must:

(i) Consider input received from the following when considering what bedroom placement is in the best interest of a child or youth:

(A) The child or youth; and

(B) Their representative;

(ii) Evaluate children's or youth's requests to move to a different sleeping location and accommodate them unless it would risk the health, safety, and well-being of any child or youth in the home;

(iii) Provide enough floor space for the health, safety, and well-being for children and youth in care when they are sharing bedrooms; and

(iv) Not allow:

(A) More than four children or youth to sleep in the same bedroom, except for common sleeping areas in interim facilities; and

(B) Children with different gender identities to share a bedroom unless all children are:

(I) Birth through five years of age; or

(II) Siblings; and

(b) May place transgender or gender fluid children or youth in bedrooms with children or youth of similar gender identity.

(2) The department may grant an exception to subsection (1)(a)(iv) of this section with approval by an LD administrator if:

(a) It is in the best interest of the children or youth in care; and

(b) Supported by the:

(i) LD licensor; and

(ii) Child's or youth's representative.