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

(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.