(a) In determining the capacity of a specialized foster care home pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code or Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4, the department or county shall consider all adoptive, biological, and foster children, and children in guardianship living in the home.

(b) The Legislature finds and declares that this section is declaratory of existing law.

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(Amended by Stats. 2017, Ch. 732, Sec. 119. (AB 404) Effective January 1, 2018.)