§ 31-27-2-8 — Granting of variances and waivers

Indiana § 31-27-2-8

• Jurisdiction: Indiana
• Art. 27: CHILD SERVICES: REGULATION OF
• Ch. 2: General Powers and Duties of the Department

Text

(a) Except as provided in subsection (f), the
department may grant a variance or waiver of a rule governing child
caring institutions, foster family homes, group homes, or child placing
agencies. A variance or waiver granted under this section must promote
statewide practices and must protect the rights of persons affected by
this article.
(b) The department may grant a variance to a rule if an applicant for
a license or a licensee under this article does the following:
(1) Submits to the department a written request for the variance
in the form and manner specified by the department.
(2) Documents that compliance with an alternative method of
compliance approved by the department will not be adverse to the
health, safety, or welfare of a child receiving services from the
applicant for the variance, as determined by the department.
(c) A variance granted under subsection (b) must be conditioned
upon compliance with the alternative method approved by the
department. Noncompliance constitutes the violation of a rule of the
department and may be the basis for revoking the variance.
(d) The department may grant a waiver of a rule if an applicant for
a license or a licensee under this article does the following:
(1) Submits to the department a written request for the waiver in
the form and manner specified by the department.
(2) Documents that compliance with the rule specified in the
application for the waiver will create an undue hardship on the
applicant for the waiver, as determined by the department.
(3) Documents that the applicant for the waiver will be in
substantial compliance with the rules adopted by the department
after the waiver is granted, as determined by the department.
(4) Documents that noncompliance with the rule specified in the
application for a waiver will not be adverse to the health, safety,
or welfare of a child receiving services from the applicant for the
waiver, as determined by the department.
(e) Except for a variance or waiver of a rule governing foster family
homes, a variance or waiver of a rule under this section that conflicts
with a building rule or fire safety rule adopted by the fire prevention
and building safety commission is not effective until the variance or
waiver is approved by the fire prevention and building safety
commission.
(f) A waiver may not be granted for an applicant who has been
convicted of a nonwaivable offense, as defined in IC 31-9-2-84.8.

Legislative History

As added by P.L.145-2006, SEC.273. Amended by P.L.183-2017, SEC.13.