1. (a) Waivers of requirements for a specific foster family home shall comply with He-C 6446.26.

2. (b) Applicants or programs seeking a waiver of a requirement set forth in He-C 6355.02 – He-C 6355.13 shall submit a written request to the department, including the following information:

   1. (1) The rule number for which the waiver is being requested;
   2. (2) The anticipated length of time for which the requested waiver will be needed;
   3. (3) The reason for requesting the waiver;
   4. (4) If the waiver is granted, how the foster care program shall continue to provide for quality care of the children in light of the waiver;
   5. (5) A plan specifying how the foster care program shall meet the intent of He-C 6355.02 – He-C 6355.13 if the waiver is granted;
   6. (6) The impact on the child and family if the waiver is not granted;
   7. (7) The potential impact on all children affected by the waiver request; and
   8. (8) A statement attesting that the request is not out of compliance with the program’s licensing requirements in RSA 170-E:31.
3. (c) When a waiver request involves prospective staff who do not meet the certification qualifications, the program shall not hire the individual until the department has made a decision to grant or deny the waiver request.

4. (d) A request for a waiver shall be approved if the department determines it meets the following criteria:

   1. (1) The requested waiver will not jeopardize the quality of care and service provided to children;
   2. (2) The requested waiver will not be a violation of a state law; and
   3. (3) The foster care program has an alternative plan for complying with the intent of the rule.

Source. #8696, eff 7-29-06; ss by #10640, INTERIM, eff 7-29-14, EXPIRED: 1-26-15 New. #10783, eff 2-13-15 (from He-C 6355.27); ); ss by #14224, INTERIM, eff 3-29-25, EXPIRES: 9-25-25