Authority: IC 31-27-2-4

Affected: IC 31-27-5

Sec. 35. (a) The child caring institution shall submit a written request to SDPW for a waiver or variance as follows:

1. (1) For a waiver, a written request showing documentation that compliance will create an undue hardship on the applicant.
2. (2) For a variance, a written request showing documentation of the need and the alternate method of compliance.

(b) The SDPW shall review the written request based on but not limited to the following:

1. (1) On-site review, if applicable.
2. (2) Written documentation.
3. (3) Review of the requests by SDPW field consultants and administration.
4. (4) If applicable, SBH review and FPBSC approval as required under 675 IAC 12.

(c) The SDPW shall provide within ninety (90) days of the receipt of the written request, a written response of denial or approval.

(d) All decisions will be based on the best interests of the children in care and will not be adverse to their health, safety, or welfare.

(Department of Child Services; 465 IAC 2-13-35; filed Jun 27, 1991, 12:00 p.m.: 14 IR 2049; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFA; readopted filed Nov 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFA; readopted filed Oct 10, 2019, 10:42 a.m.: 20191106-IR-465190320RFA; readopted filed Oct 15, 2025, 10:46 a.m.: 20251112-IR-465250623RFA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-15-35) to the Department of Child Services (465 IAC 2-13-35) by P.L.234-2005, SECTION 195, effective July 1, 2005.