New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 3 - Child-care Agencies › Part 449 - Supervised Independent Living Programs › Section 449.7 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
			 provision of other Parts of this Title notwithstanding and in order to
			 encourage the development of appropriate programs that will enable youth in
			 foster care to live on their own in the community, a written waiver of one or
			 more of the non-statutory provisions of this Part may be granted by OCFS to
			 authorized agencies which propose to operate or which operate supervised
			 setting programs. Provided however, that no authorized agency may apply for a
			 waiver regarding any requirements regarding non-discrimination. Such waiver may
			 be granted only after an authorized agency has submitted to OCFS: the specific
			 regulation or regulations for which a waiver is sought; the reason a waiver is
			 necessary; and a plan which describes the operation or proposed operation of
			 the authorized agency's supervised setting program and demonstrates that
			 granting the waiver will not create any hazardous conditions which could impair
			 the health or safety of the youth, and OCFS has approved the waiver plan in
			 writing.
(b) An authorized agency
			 which operates a supervised setting program and which has applied for a waiver
			 must comply with the provisions of this Part until OCFS approves the requested
			 waiver in writing.
(c) An
			 authorized agency which does not operate a supervised setting program but
			 proposes to do so subject to a waiver and which submits a waiver plan to OCFS
			 pursuant to this subdivision may not operate the supervised setting program or
			 approve any supervised setting until such waiver plan has been approved
			 pursuant to this subdivision.
(d)
			 OCFS may require the applicant for, or holder of, a license or operating
			 certificate to make physical plant modifications, and/or to adopt special
			 methods, procedures, and/or policies to protect the health, safety and welfare
			 of youth as a condition of granting and maintaining a waiver granted pursuant
			 to this section.
(e) Written
			 approval of a request for a waiver will be granted only pursuant to a
			 determination by OCFS that the proposed waiver will not adversely affect the
			 health, safety or welfare of the youth in the program or facility and that the
			 intended purpose of the regulation or regulations to be waived will be
			 met.
(f) Waivers may be time
			 limited, at the discretion of OCFS. Where a waiver is time limited, the program
			 or facility may apply for a continuation of the waiver. If the program or
			 facility does not apply for a continuation of the time-limited waiver or the
			 continuation of the time-limited waiver is not granted by OCFS, the program
			 must resume compliance with the regulation or regulations for which the waiver
			 had been issued upon the expiration of the waiver.
(g) Failure to adhere to the terms of the
			 waiver and to any alternative measures required by OCFS as a condition of
			 granting the waiver will result in recission of the waiver and may constitute
			 sufficient cause for OCFS to limit, suspend, or revoke the license or operating
			 certificate of the facility or program for which the waiver was granted. OCFS
			 must notify the facility or program in writing of the recission of a waiver,
			 and the recission will become effective upon the receipt by the program of the
			 written notification. The written notification of the recission may be
			 communicated through personal delivery, electronic mail, telefax or regular
			 mail, at the discretion of OCFS.