Ariz. Admin. Code § R21-6-419 - Waiver of Non-safety Licensing Requirements for Kinship Care

A. OLR may waive specific non-safety rule requirements for an applicant or foster parent providing only kinship care, as defined under R21-6-101(36), on a case by case basis, if the applicant or foster parent demonstrates that compliance would be a hardship. The applicant or foster parent may work with his or her licensing agency to comply with this Section.

B. The request for a waiver shall include:

1. The specific rule to be considered for waiver by OLR;

2. The reason compliance would be a hardship;

3. Any proposed alternative compliance with the rule requirement, including pictures or diagrams that depict any physical requirement to be waived; and

4. Justification that waiving the licensing requirement will not compromise the safety of a foster child.

C. The applicant or foster parent or licensing agency shall submit a waiver request only on forms supplied by OLR.

D. OLR shall consider the waiver of a non-safety licensing requirement on a case-by-case basis.

E. An applicant or foster parent shall base a waiver request on a licensing requirement and the needs of the foster child. OLR shall not grant a waiver request because it would be inconvenient for the foster parent or applicant to comply with a licensing requirement.

F. Non-safety issues may include granting licensure to applicants who are 18 to 20 years of age, have fewer than two full bathrooms, or may not meet the financial requirements of R21-6-301.

Notes

Ariz. Admin. Code § R21-6-419

New section made by exempt rulemaking at 21 A.A.R. 3480, effective 1/24/2016.