Sec. 8. (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.
As added by P.L.145-2006, SEC.273. Amended by P.L.183-2017, SEC.13.
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