Section He-C 6350.07 - Waivers(a) Applicants and residential treatment programs that request a waiver of a requirement in He-C 6350 shall submit a written request to DCYF, including the following information: (1) The rule number for which the waiver is being requested;(2) The anticipated limited length of time the requested waiver will be needed;(3) The reason for requesting the waiver;(4) How the residential treatment program will provide for quality care of the children;(5) A written plan to achieve compliance with the rule for the limited length of time requested, detailing how the residential treatment program will satisfy the intent of the rule if the waiver is granted;(6) How the children and/or families will be affected if the waiver is not granted;(7) A statement attesting that the request is not out of compliance with the program's licensing requirements in RSA 170-E:31 or RSA 151:5; and(8) Evidence that the residential treatment program's board of directors or governing body which provides program oversight has approved the waiver request, which shall include, but is not limited to, minutes of the board meeting documenting that the request was approved or an approval by the board's president or designee.(b) When a waiver request is submitted, the residential treatment program shall not act until a decision by DCYF is made on the request.(c) A request for a waiver shall be approved if:(1) DCYF finds that approval of the requested waiver will not jeopardize the quality of care provided to children;(2) DCYF finds that approval of the requested waiver will not be a violation of a state law;(3) DCYF finds that the request is time-limited;(4) DCYF finds that the approval of the requested waiver will not contradict the intent of the rule; and(5) DCYF finds that the applicant or residential treatment program has an alternative plan for complying with the rule in accordance with (a) (5) above.(d) A request for a waiver shall be denied if any of the grounds for approval in (c) above are not met.N.H. Admin. Code § He-C 6350.07
#4442, eff 7-1-88, EXPIRED 7-1-94
New. #6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06
New. #8693, eff 7-27-06
Amended byVolume XXXV Number 06, Filed February 12, 2015, Proposed by #10759, Effective 1/17/2015, Expires1/17/2025.