(a)

1. (1) 9 CAR § 31-201 et seq. applies to all agencies.
2. (2) Subsequent subparts apply to specific types of residential agencies.
3. (3) The agency shall meet the license requirements of its agency category.

(b) Special consideration.

1. (1) The Child Welfare Agency Review Board may approve an agency’s request for special consideration to allow a licensee to deviate from the letter of a rule if the licensee has demonstrated that the deviation:

   1. (A) Is in the best interest of the children; and
   2. (B) Does not pose a risk to persons served by the licensee.

2. (2) If the board grants a request for special consideration:

   1. (A) The child welfare agency’s practice as described in the request shall be the compliance terms under which the child welfare agency will be held responsible; and
   2. (B) Violations of those terms shall constitute a rule violation.
3. (3) The board has authorized the managers and supervisors of the Child Welfare Agency Licensing Unit to make temporary rulings regarding special consideration requests when the best interest of a child requires an immediate decision, subject to final approval at the next regularly scheduled meeting of the board.

(c) Alternative compliance.

1. (1) The board may grant an agency’s request for alternative compliance upon a finding that the agency does not meet the letter of a rule promulgated under the Child Welfare Agency Licensing Act, Arkansas Code § 9-28-401 et seq., but that the agency meets or exceeds the intent of that rule through alternative means.

2. (2) If the board grants a request for alternative compliance:

   1. (A) The agency’s practice as described in the request for alternative compliance shall be the compliance terms under which the agency will be held responsible; and
   2. (B) Violations of those terms shall constitute a rule violation.
3. (3) The board has authorized the managers and supervisors of the Child Welfare Agency Licensing Unit to make temporary rulings regarding alternative compliance requests when the best interest of a child requires an immediate decision, subject to final approval at the next regularly scheduled meeting of the board.

4. (4)

   1. (A) Alternative compliance requests granted in the areas listed below shall be time-limited and shall not exceed two (2) years in length.
   2. (B) These alternative compliances shall be monitored on an ongoing basis for compliance and shall be reviewed by the board every two (2) years:

(i) Staff-to-child ratio;

1. (ii) Capacity;

   1. (iii) Sleeping arrangements; and

      1. (iv) Bathrooms.