OAR 411-346-0210
Variance
(1)
The Department may grant a variance to these rules based upon a demonstration by the foster provider that an alternative method or different approach provides equal or greater program effectiveness and does not adversely impact the welfare, health, safety, or rights of a child or violate state or federal laws.(2)
The foster provider requesting a variance must submit to the certifying agency, a Department variance request form that contains the following:(a)
The section of the rule from which the variance is sought;(b)
The reason for the proposed variance;(c)
The alternative practice, service, method, concept, or procedure proposed; and(d)
If the variance applies to the services of a child, evidence that the variance is consistent with the currently approved ISP for the child.(3)
The certifying agency must forward the signed variance request form to the Department within 30 days from the receipt of the request indicating the position of the certifying agency on the proposed variance.(4)
The request for a variance is approved or denied by the Department. The decision of the Department is sent to the foster provider, the certifying agency, and to all relevant Department programs or offices within 30 days from the receipt of the variance request.(5)
The foster provider may request an administrative review of the denial of a variance request within 30 days from the receipt of the denial by sending a written request for review to the Director and a copy of the request to the certifying agency. The decision of the Director is the final response from the Department.(6)
The Department determines the duration of the variance.(7)
Granting a variance does not set a precedent that must be followed by the child placing agency when evaluating subsequent requests for variances.(8)
The foster provider may implement a variance only after written approval from the Department.
Source:
Rule 411-346-0210 — Variance, https://secure.sos.state.or.us/oard/view.action?ruleNumber=411-346-0210.