1. (a) A written request for a waiver of rules shall be submitted to DCYF on Form 1733 “Waiver Request - Foster Family Homes and Kinship Care Homes” (September 2025) or provide the following information to the department in writing:

   1. (1) Identifying information such as the family name, physical address, phone number, mailing address if different than the physical address, and email address;
   2. (2) The resource identification number, if applicable;
   3. (3) The current permit or license issue date and expiration date;
   4. (4) The rule for which the waiver is being requested;
   5. (5) The anticipated length of time the requested waiver will be needed;
   6. (6) The reason for requesting the waiver;
   7. (7) How the waiver will affect the health and safety of the child in care;
   8. (8) A written plan for compliance with the rule, or a written plan detailing how the kinship caregiver will satisfy the intent of the rule being waived as an alternative to complying with the rule;
   9. (9) The number and ages of children in the home who will be affected by the requested waiver; and
   10. (10) The signature of the applicant or licensing agency representative requesting the waiver.
2. (b) In the case of an unplanned or emergency circumstance necessitating immediate placement, the licensing agency shall request a waiver on behalf of an applicant if a specific condition is necessary to adequately provide for the needs and circumstances of a child.
3. (c) The department shall not approve any request for a waiver of any of the provisions of RSA 170-E or the administrative rules of another New Hampshire state agency.
4. (d) The department shall not approve waiver requests from permit applicants except for requests to exceed the maximum number of children living in the home pursuant to He-C 6447.16.

5. (e) The department shall deny a request for a waiver when:

   1. (1) The request does not comply with (a) and (b) above;
   2. (2) The department finds that approval of the requested waiver will jeopardize the health or safety of the child;
   3. (3) The department finds that approval of the requested waiver will impair the kinship caregiver’s ability to adequately care for the child; or
   4. (4) The department finds that the written plan for compliance does not satisfy the intent of the rule as an alternative to complying with the rule.
6. (f) When the department determines that no grounds for denial in (e) above exist, it shall approve a request for a waiver for the length of time requested in (a)(5) above or until the expiration of the license, whichever occurs first.

Source. #14390, eff 9-24-25, EXPIRES: 9-24-35