460 IAC 20-15-1 Waiver process

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) The specific rule or provision for which a waiver is requested. (2) The length of time for which a waiver is requested. (3) Justification for the waiver request, including: (A) the need; (B) the circumstances; and (C) the benefit; to the applicable county or to the children or families served. (4) The projected fiscal or program implications. (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) would result in noncompliance with federal or state statutes or regulations; or (2) jeopardizes any procedural safeguards or rights of confidentiality.