Wisconsin Administrative Code
Department of Corrections
Chapter DOC 347 - SECURED RESIDENTIAL CARE CENTERS FOR CHILDREN AND YOUTH
Subchapter I - General Provisions
Section DOC 347.05 - Variance

(1) The department may grant a variance to a requirement found in this chapter, except that no variance may be granted for any requirement to the provisions of s. DOC 347.10(3) (b), or requirements specifically imposed by Wisconsin Statutes or federal law or regulation.

(2) In order to obtain a variance, a county, tribe, or child welfare agency that operates or intends to operate a facility shall demonstrate in writing that the variance provides equivalent or better protection for the health, safety, rights, and welfare of youth or the public.

(3) The department may impose specific conditions including reasonable time limits on a variance in order to protect the health, safety, rights, and welfare of youth and the public.

(4) Violation of any condition of a variance by the facility constitutes a violation of this chapter. Upon finding that there has been a violation of a condition of a variance, the department may revoke the variance and require strict enforcement of the rule.

(5) Any variance granted does not set a precedent.