Section He-C 6448.27 - Waivers(a) To obtain a waiver a child-placing agency applicant or licensed child-placing agency shall submit a written request to the department.(b) Waiver requests shall include: (1) The specific rule for which a waiver is requested;(2) The anticipated length of time the waiver will be needed;(3) The reason for requesting the waiver;(4) How the waiver will affect the client services provided;(5) A written plan detailing how the alternative will satisfy the objective and intent of the rule by maintaining the provision of services and quality of care without negatively impacting the health or safety of the individual(s); and(6) The signature of the person requesting the waiver.(c) The department shall not accept any request for a waiver of any of the provisions of RSA 170-E, any other statute referred to in this part, or rules of any other state agency.(d) A request for a waiver shall be granted after the commissioner determines that the alternative proposed by the applicant or licensee meets the objective or intent of the rule, and:(1) Does not negatively impact the health, safety, and welfare of the child in placement; or(2) Is administrative in nature and does not effect the quality of care.(e) The department shall deny a waiver when any of the following occurs:(1) The request does not comply with (a) -(c) above;(2) The department finds that approval of the requested waiver will jeopardize the health or provision of quality services to children and families; and(3) The department finds that the compliance plan does not satisfy the intent of He-C 6448.(f) DCYF shall make recommendations for waivers to He-C 6448 to the commissioner or designee.(g) All waivers shall be reviewed, pursuant to this section upon a child-placing agency's renewal according to He-C 6448.20.N.H. Admin. Code § He-C 6448.27
#7866, eff 4-2-03; ss by #9895, eff 4-2-11
Amended by Volume XXXIX Number 19, Filed May 9, 2019, Proposed by #12767, Effective 5/2/2019, Expires 10/29/2019.Amended by Volume XXXIX Number 46, Filed November 14, 2019, Proposed by #12911, Effective 10/24/2019, Expires 10/24/2029