N.Y. Comp. Codes R. & Regs. tit. 18 § 439.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 439.8 - Waivers

(a) Any provision of other Parts of this Title notwithstanding, a written waiver of one or more of the non-statutory requirements of this Title may be issued be the Office of Children and Family Services to an applicant for, or the holder of, an operating certificate from the Office of Children and Family Services to operate a qualified residential treatment program under this Part. Provided however, that no program may apply for a waiver for any requirements regarding non-discrimination. A waiver pursuant to this section may be issued at the time of application for an operating certificate to become a qualified residential treatment program or subsequent to the issuance of an operating certificate to operate a qualified residential treatment program. A program which applies for a waiver subsequent to the issuance of an operating to be a qualified residential treatment program, must operate in full compliance with the regulations at all times prior to the issuance of a waiver.

(b) An applicant for, or holder of, a certificate to operate a qualified residential treatment program must submit to the Office of Children and Family Services, in writing, any request for a waiver pursuant to this section. The Office of Children and Family Services may prescribe a form to be used for waiver requests. The application for a waiver must include:

(1) The specific regulation or regulations for which a waiver is sought;

(2) The reason a waiver is necessary; and

(3) A description of what will be done to achieve or maintain the intended purpose of the regulation or regulations for which a waiver is sought and to protect the health, safety and welfare of the youth in the program.

(c) The Office of Children and Family Services may require the applicant for, or holder of, an operating certificate to make physical plant modifications, and/or to adopt special methods, procedures, and/or policies to protect the health, safety and welfare of youth as a condition of granting and maintaining a waiver granted pursuant to this section.

(d) Written approval of a request for a waiver will be granted only pursuant to a determination by the Office of Children and Family Services that the proposed waiver will not adversely affect the health, safety or welfare of the youth in the program and that the intended purpose of the regulation or regulations to be waived will be met.

(e) Waivers may be time limited, at the discretion of the Office of Children and Family Services. Where a waiver is time limited, the program may apply for a continuation of the waiver. If the program does not apply for a continuation of the time-limited waiver or the continuation of the time-limited waiver is not granted by the Office of Children and Family Services, the program must resume compliance with the regulation or regulations for which the waiver had been issued upon the expiration of the waiver.

(f) Failure to adhere to the terms of the waiver and to any alternative measures required by t he Office of Children and Family Services as a condition of granting the waiver will result in recission of the waiver and may constitute sufficient cause for the Office of Children and Family Services to limit, suspend, or revoke the operating certificate of the qualified residential treatment program for which the waiver was granted. The Office of Children and Family Services must notify the program in writing of the recission of a waiver, and the recission will become effective upon the receipt by the program of the written notification. The written notification of the recission may be communicated through personal delivery, electronic mail, telefax or regular mail, at the discretion of the Office of Children and Family Services.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 439.8

Adopted New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022