Authority: IC 12-13-2-3; IC 12-13-5-3

Affected: IC 12-17-15

Sec. 1. (a) When, under an unusual circumstance, an LPCC or a participating agency requests a waiver of this article, a written request must be submitted to the division which includes the following:

1. (1) The specific rule or provision for which a waiver is requested.
2. (2) The length of time for which a waiver is requested.

3. (3) Justification for the waiver request, including:

   1. (A) the need;
   2. (B) the circumstances; and
   3. (C) the benefit;
4. to the applicable county or to the children or families served.
5. (4) The projected fiscal or program implications.
6. (5) A plan for achieving compliance with the specified rule.

(b) The division shall review the request and issue a written determination within fifteen (15) days of the receipt of the request.

(c) Any waiver request will be approved for a period not to exceed one (1) year and may be renewed only if approved following a resubmission of the request.

(d) A waiver request shall not be approved if the request:

1. (1) would result in noncompliance with federal or state statutes or regulations; or
2. (2) jeopardizes any procedural safeguards or rights of confidentiality.

(Division of Family Resources; 470 IAC 3.1-16-1; filed Jan 29, 1996, 5:15 p.m.: 19 IR 1353; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFA; readopted filed Nov 13, 2019, 11:56 a.m.: 20191211-IR-470190490RFA; readopted filed Oct 8, 2025, 3:15 p.m.: 20251105-IR-470240501RFA)