Or. Admin. Code § 419-400-0300

Current through Register Vol. 63, No. 11, November 1, 2024

Section 419-400-0300 - Licensing Umbrella Rules: Exceptions

(1) The Department may waive a requirement of a rule in OAR chapter 419, division 400 upon written request of a child-caring agency. The written request must identify the rule, give the reasons that justify the exception, describe the agency's assessment of the risk, state the length of time for which the exception is requested, and explain how the needs of children in care and families would be affected if the child-caring agency did not comply with the rule.

(2) The Department may approve a request for an exception upon a determination that the failure of a child-caring agency to comply with the rule does not pose a threat to the health, safety, and welfare of children in care and families. In determining whether to grant an exception, the Department additionally must take into consideration:

(a) Whether the child-caring agency has consistently been in compliance with licensing regulations and has a history or provision of services that meet the best interests of children.

(b) Innovative approaches of the child-caring agency.

(c) The availability of services to children in care and families similar to the services provided by the child-caring agency.

(d) The impact of the rule exception sought.

(e) Whether the Department may waive application of the rule under state statute or federal law.

(3) A child-caring agency granted an exception may, as a condition of obtaining and retaining the exception, be required to provide specific information on its operation under the exception.

(4) A child-caring agency may operate under an exception for a period of time set by the Department, not to exceed the term of its current license.

Or. Admin. Code § 419-400-0300

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; Renumbered from 413-210-0250, CWP 29-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 126-2018, amend filed 12/26/2018, effective 01/01/2019; Renumbered from 413-215-0131 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 6-2023, minor correction filed 01/18/2023, effective 1/18/2023

Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005

Statutes/Other Implemented: ORS 418.205 - 418.327