1. (a) A written request for a waiver of a requirement in He-C 6350 shall be submitted by the program to the department, which shall include the following information:

   1. (1) The rule number for which the waiver is being requested;
   2. (2) The anticipated limited length of time the requested waiver will be needed;
   3. (3) The reason for requesting the waiver;
   4. (4) How the residential treatment program will provide for the safety and quality of care of the children if the waiver is granted;
   5. (5) A written plan to achieve compliance with the rule for the limited length of time requested, detailing how the residential treatment program will satisfy the intent of the rule if the waiver is granted;
   6. (6) How the children and families will be affected if the waiver is not granted; and
   7. (7) A statement attesting that the waiver will not result in a violation of the program’s licensing requirements in RSA 170-E:31 or RSA 151:5, or for out-of-state programs, be in violation of the program’s licensing requirements of the state in which it operates.
2. (b) When a program submits a waiver request, the program shall wait for approval from the department prior to implementation.
3. (c) In addition to the requirements in (a) above, waiver requests for program staff requirements pursuant to He-C 6350.11 shall include a written agreement between the staff and program leadership that includes a staff supervision plan, the oversight the program will provide the staff, and the program’s expectations of staff should the condition of the waiver not be met.

4. (d) In addition to the requirements in (a) above, a short-term program seeking a waiver to allow a child to remain in a program beyond the short-term program length of stay shall submit a waiver request that also includes:

   1. (1) The specific reason for why the requested waiver is needed for the child; and
   2. (2) A statement affirming that the waiver, if approved, will have no impact on staffing ratios or clinical services provided to other residents at the program.

5. (e) A request for a waiver shall be approved if the department determines that:

   1. (1) Approval of the requested waiver will not jeopardize the safety or quality of care provided to children;
   2. (2) Approval of the requested waiver will not be a violation of a state law, a federal law, or another administrative rule part;
   3. (3) The request is time-limited;
   4. (4) The approval of the requested waiver will not contradict the intent of the rule; and
   5. (5) The applicant or residential treatment program has an alternative plan for complying with the rule in accordance with (a)(5) above.
6. (f) A request for a waiver shall be denied if any of the grounds for approval in (e) above are not met.

Source. #4442, eff 7-1-88, EXPIRED 7-1-94 New. #6617, eff 10-25-97; ss by #8453, INTERIM, eff 10-25-05, EXPIRED: 4-23-06 New. #8693, eff 7-27-06; ss by #10759, eff 1-17-15; ss by #14178, INTERIM, eff 1-18-25; ss by #14490, eff 1-22-26, EXPIRES: 1-22-36 (formerly He-C 6350.07)